To make available $18,000,000 for the provision of additional mental health services through Vet Centers to veterans who served in combat in Iraq or Afghanistan.

TEXT OF AMENDMENTS

SA 5137. Mr. OBAMA (for himself, Mrs. Mikulski, Mr. Salazar, Mr.
Akaka Mr. Leahy, Mr. Rockefeller, Mrs. Boxer, and Ms. Landrieu)
submitted an amendment intended to be proposed by him to the bill H.R.
5385, making appropriations for Military Construction and Veterans
Affairs, and Releated Agencies for the fiscal year ending September 30,
2007, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:
Sec. ___. (a) Eligibility for Medical Care and Services
for Veterans of Future Conflicts for Mental Health Conditions
for Which Evidence Is Insufficient to Establish a Service-
Connection.--Paragraph (1) of section 1710(e) of title 38,
United States Code, is amended by adding at the end the
following new subparagraph:
``(F) Subject to paragraphs (2) and (3), a veteran who
served on active duty as described in subparagraph (D) during
a period of war specified in that subparagraph, or after the
date specified in that subparagraph, is also eligible for--
``(i) a mental health evaluation to be provided by the
Secretary not later than 30 days after the date of the
request of the veteran for such evaluation; and
``(ii) hospital care, medical services, nursing home
care, and family and marital counseling for any mental health
condition identified pursuant to such evaluation,
notwithstanding that there is insufficient medical evidence
to conclude that such condition is attributable to such
service.''.
(b) Limitations.--
(1) Causation.--Paragraph (2)(B) of such section is
amended by striking ``or (E)'' and inserting ``(E), or (F)''.
(2) Duration after service.--Paragraph (3) of such
section is amended--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) in subparagraph (D), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) in the case of a veteran described in paragraph
(1)(F)--
``(i) with respect to the evaluation described in clause
(i) of that paragraph, after a period of 5 years beginning on
the date of the veteran's discharge or release from active
military, naval, or air service; and
``(ii) with respect to the care, services, and counseling
described in clause (ii) of that paragraph, after a period of
2 years beginning on the date of the commencement of the
provision of such care, services, and counseling to the
veteran.''.

______

SA 5138. Mr. OBAMA (for himself, Ms. Mikulski, and Ms. Landrieu)
submitted an amendment intended to be proposed by him to the bill H.R.
5385, making appropriations for Military Construction and Veterans
Affairs, and Related Agencies for the fiscal year ending September 30,
2007, and for other purposes; as follows:

At the appropriate place in title II, insert the
following:
Sec. __. (a) Study on Costs of Comprehensive Service
Programs for Homeless Veterans.--The Secretary of Veterans
Affairs shall carry out a study of costs associated with the
Comprehensive Service Programs authorized by sections 2011
and 2012 of title 38 United States Code.
(b) Report.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Veterans' Affairs and Appropriations of the
Senate and the Committees on Veterans' Affairs and
Appropriations of the House of Representatives a report on
the study required by subsection (a). The report shall set
forth the following:
(1) The number of authorized and operational transitional
housing beds and service centers under the programs referred
to in subsection (a) in fiscal year 2006, and the number of
such beds and centers in each State and in each Congressional
District during such fiscal year.
(2) The cost in fiscal year 2006 of grants under section
2011 of title 38, United States Code, to authorized and
operational transitional housing beds and service centers
under the programs referred to in that subsection.
(3) The cost in fiscal year 2006 of per diem payments
under section 2012 of title 38 United States Code, to
authorized and operational transitional housing beds and
service centers under the programs referred to in that
subsection.
(4) An estimate of the costs in each of fiscal years
2007, 2012, and 2017 associated with an increase in the
number of operational transitional housing beds under the
programs referred to in that subsection to each of 10,000,
20,000, and 30,000 beds, and a description of the methodology
used for making such estimates.
(5) The number of applications received, scored as
qualified, and awarded pursuant to the Capital Grant Notice
of Funds Availability published on April 20, 2006.
(6) The range of per diem payment rates, the average per
diem payment rate, and the median per diem payment rate paid
to recipients of grants under section 2012 of title 38,
United States Code, in fiscal year 2006.
(7) The number and percentage of total recipients of
grants under section 2011 of title 38 United States Code, in
fiscal year 2006 being paid under section 2012 of title 38,
United States Code, the rate authorized for State homes for
domiciliary care under section 1741(a)(1)(A) of that title
for fiscal year 2006.

______

SA 5139. Mr. OBAMA (for himself, Mrs. Mikulski, Ms. Landrieu,)
submitted an amendment intended to be proposed by him to the bill H.R.
5385, making appropriations for Military Construction and Veterans
Affairs, and Related Agencies for the fiscal year ending September 30,
2007, and for other purposes; which was ordered to lie on the table; as
follows:

On page 106, between lines 12 and 13, insert the
following new section:
Sec. 229. Effective as of October 1, 2006, the authority
provided by section 2064 of title 38, United States Code,
shall continue in effect until September 30, 2007.

______

SA 5140. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 5385, making appropriations for Military
Construction and Veterans Affairs, and Related Agencies for the fiscal
year ending September 30, 2007, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in title II, add the following:
Sec. __. (a) Termination Under Servicemembers Civil
Relief Act of Contracts for Cellular Phone Services.--
(1) Inclusion of contracts under termination authority.--
Subsection (b) of section 305 of the Servicemembers Civil
Relief Act (50 U.S.C. App. 535) is amended by adding at the
end the following new paragraph:
``(3) Contracts for cellular phone service.--
``(A) In general.--Subject to subparagraphs (B) and (C),
a contract for a cellular phone used, or intended to be used,
by a servicemember or a servicemember's dependent for a
personal or business purpose if--
``(i) the contract is executed by or on behalf of a
person who thereafter and during the term of the contract
enters into military service under call or order specifying a
period of not less than 90 days (or who enters military
service under a call or order specifying a period of 90 days
or less and who, without a break in service, receives orders
extending the period of military service to a period not less
than 90 days);
``(ii) the servicemember, while in military service,
executes the contract and thereafter receives military orders
for a permanent change of station outside of the continental
United States or to deploy with a military unit for a period
of not less than 90 days; or
``(iii) the servicemember, while in military service,
executes the contract and thereafter receives military orders
for a permanent change of station to a location within the
continental United States where the contract cannot be
transferred at the same rate, terms, and quality of service.
``(B) Applicability to dependents.--Subparagraph (A)
shall apply with respect to a contract, or portion of a
contract, for a cellular phone used, or intended to be used,
by a servicemember's dependent only if the dependent--
``(i) relocates in accompanying the servicemember in the
performance of the military service, or in a permanent change
of station or deployment, described in that subparagraph; or
``(ii) otherwise relocates as a consequence of such
military service or change of station or deployment.
``(C) Applicability to group plans.--If a servicemember
or a dependent to whom this paragraph applies is not the
primary account holder under a contract described in
subparagraph (A), that subparagraph shall apply only to the
extent of the obligations of the servicemember or dependent,
as the case may be, in the contract.''.
(2) Manner of termination.--Subsection (c)(1) of such
section is amended--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and

[[Page S10930]]

(C) by adding at the end the following new subparagraph:
``(C) in the case of a contract for a cellular phone, by
delivery by the contractee of written notice of such
termination, and a copy of the servicemember's military
orders, to the contractor or to the contractor's agent.''.
(3) Effective date of termination.--Subsection (d) of
such section is amended by adding at the end the following
new paragraph:
``(3) Contract for cellular phone service.--In the case
of a contract for a cellular phone described in subsection
(b)(3), termination of the contract under subsection (a) is
effective on the day on which the requirements of subsection
(c) are met for such termination.''.
(4) Arrearages.--Subsection (e) of such section is
amended--
(A) by striking ``(e) Arrearages and Other Obligations
and Liabilities.--Rents or lease amounts'' and inserting the
following:
``(e) Arrearages and Other Obligations and Liabilities.--
``(1) In general.--Rents or lease amounts'';
(B) by designating the second sentence as paragraph (2),
indenting such paragraph 4 ems from the left margin, and
inserting before ``In the case of the lease'' the following:
``(2) Lease charges for motor vehicles.--''; and
(C) by adding at the end the following new paragraphs:
``(3) Termination charges for cellular phone contracts.--
In the case of a contract for a cellular phone, the
contractor may not impose an early termination charge, but
may request the return of equipment provided to the
contractee as part of the contract which would normally
remain the property of the contractee at the end of the
contract term if the contractee is given the option of paying
a pro-rated amount to retain such equipment based on the
original retail price of such equipment, the amount
previously paid for such equipment by the contractee, and the
time remaining on the contract.
``(4) Reactivation fees.--In the event a contractor and
contractee jointly agree to treat the termination of a
contract for a cellular phone under this section as a
suspension of such contract, the contractor may not impose
any fee for reactivation of service under such contract at
the completion of suspension of such contract.''.
(b) Conforming Amendment.--Subsection (a)(1)(B) of such
section is amended by striking ``or (2)(B)'' and inserting
``, (2)(B), (3)(A)(ii), or (3)(A)(iii)''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:

``SEC. 305. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE
LEASES OR CONTRACTS FOR CELLULAR PHONE
SERVICE.''.

(2) Table of contents amendment.--The table of contents
for such Act is amended by striking the item relating to
section 305 and inserting the following new item:
``Sec. 305. Termination of residential or motor vehicle leases or
contracts for cellular phone service.''.
______

SA 5141. Mrs. HUTCHISON submitted an amendment intended to be
proposed by her to the bill H.R. 5385, making appropriations for
Military Construction and Veterans Affairs, and Related Agencies for
the fiscal year ending September 30, 2007, and for other purposes; as
follows:

At the appropriate place insert the following:
``Sec. 126. (a) The amount available for `Military
Construction, Air Force' is hereby reduced by $25,400,000 for
`Basic Expeditionary Airmen Training Facility, Lackland AFB,
Texas'.
``(b) The amount available for `Department of Defense Base
Closure Account 2005' is hereby increased by $25,400,000.''
______

SA 5142. Mr. KERRY (for himself, Mr. Kennedy, Mr. Akaka, Mrs. Boxer,
and Mr. Jeffords) submitted an amendment intended to be proposed by him
to the bill H.R. 5385, making appropriations for Military Construction
and Veterans Affairs, and Related Agencies for the fiscal year ending
September 30, 2007, and for other purposes; as follows:

On page 106, between lines 12 and 13, insert the following:
Sec. 229. Of the amount appropriated by this title, up to
$18,000,000 may be available for necessary expenses,
including salaries and expenses, for the provision of
additional mental health services through centers for
readjustment counseling and related mental health services
for veterans under section 1712A of title 38, United States
Code (commonly referred to as ``Vet Centers''), to veterans
who served in combat in Iraq or Afghanistan.
______

SA 5143. Mr. ALLEN submitted an amendment intended to be proposed by
him to the bill H.R. 5385, making appropriations for Military
Construction and Veterans Affairs, and Related Agencies for the fiscal
year ending September 30, 2007, and for other purposes; as follows:

On page 110, between lines 22 and 23, insert the following:

TITLE V--DIGITAL AND WIRELESS TECHNOLOGY

SEC. 501. SHORT TITLE.

This title may be cited as the ``Minority Serving
Institution Digital and Wireless Technology Opportunity Act
of 2006''.

SEC. 502. ESTABLISHMENT OF PROGRAM.

Section 5 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3704) is amended by inserting the
following after subsection (f):
``(g) Minority Serving Institution Digital and Wireless
Technology Opportunity Program.--
``(1) In general.--The Secretary, acting through the Under
Secretary, shall establish a Minority Serving Institution
Digital and Wireless Technology Opportunity Program to assist
eligible institutions in acquiring, and augmenting their use
of, digital and wireless networking technologies to improve
the quality and delivery of educational services at eligible
institutions.
``(2) Authorized activities.--An eligible institution may
use a grant, cooperative agreement, or contract awarded under
this subsection--
``(A) to acquire equipment, instrumentation, networking
capability, hardware and software, digital network
technology, wireless technology, and infrastructure to
further the objective of the Program described in paragraph
(1);
``(B) to develop and provide training, education, and
professional development programs, including faculty
development, to increase the use of, and usefulness of,
digital and wireless networking technology;
``(C) to provide teacher education, including the provision
of preservice teacher training and in-service professional
development at eligible institutions, library and media
specialist training, and preschool and teacher aid
certification to individuals who seek to acquire or enhance
technology skills in order to use digital and wireless
networking technology in the classroom or instructional
process, including instruction in science, mathematics,
engineering, and technology subjects; and
``(D) to foster the use of digital and wireless networking
technology to improve research and education, including
scientific, mathematics, engineering, and technology
instruction.
``(3) Application and review procedures.--
``(A) In general.--To be eligible to receive a grant,
cooperative agreement, or contract under this subsection, an
eligible institution shall submit an application to the Under
Secretary at such time, in such manner, and containing such
information as the Under Secretary may require. Such
application, at a minimum, shall include a description of how
the funds will be used, including a description of any
digital and wireless networking technology to be acquired,
and a description of how the institution will ensure that
digital and wireless networking will be made accessible to,
and employed by, students, faculty, and administrators. The
Under Secretary, consistent with subparagraph (B), shall
establish procedures to review such applications. The Under
Secretary shall publish the application requirements and
review criteria in the Federal Register, along with a
statement describing the availability of funds.
``(B) Review panels.--Each application submitted under this
subsection by an eligible institution shall be reviewed by a
panel of individuals selected by the Under Secretary to judge
the quality and merit of the proposal, including the extent
to which the eligible institution can effectively and
successfully utilize the proposed grant, cooperative
agreement, or contract to carry out the program described in
paragraph (1). The Under Secretary shall ensure that the
review panels include representatives of minority serving
institutions and others who are knowledgeable about eligible
institutions and digital and wireless networking technology.
The Under Secretary shall ensure that no individual assigned
under this subsection to review any application has a
conflict of interest with regard to that application. The
Under Secretary shall take into consideration the
recommendations of the review panel in determining whether to
award a grant, cooperative agreement, or contract to an
eligible institution.
``(C) Matching requirement.--The Under Secretary may not
award a grant, cooperative agreement, or contract to an
eligible institution under this subsection unless such
institution agrees that, with respect to the costs incurred
by the institution in carrying out the program for which the
grant, cooperative agreement, or contract was awarded, such
institution shall make available, directly, or through
donations from public or private entities, non-Federal
contributions in an amount equal to one-quarter of the grant,
cooperative agreement, or contract awarded by the Under
Secretary, or $500,000, whichever is the lesser amount. The
Under Secretary shall waive the matching requirement for any
institution or consortium with no endowment, or an endowment
that has a current dollar value lower than $50,000,000.
``(D) Awards.--
``(i) Limitation.--An eligible institution that receives a
grant, cooperative agreement, or contract under this
subsection that

[[Page S10931]]

exceeds $2,500,000 shall not be eligible to receive another
grant, cooperative agreement, or contract.
``(ii) Consortia.--Grants, cooperative agreements, and
contracts may only be awarded to eligible institutions.
Eligible institutions may seek funding under this subsection
for consortia which may include other eligible institutions,
a State or a State educational agency, local educational
agencies, institutions of higher education, community-based
organizations, national nonprofit organizations, or
businesses, including minority businesses.
``(iii) Planning grants.--The Under Secretary may provide
funds to develop strategic plans to implement such grants,
cooperative agreements, or contracts.
``(iv) Institutional diversity.--In awarding grants,
cooperative agreements, and contracts to eligible
institutions, the Under Secretary shall ensure, to the extent
practicable, that awards are made to all types of
institutions eligible for assistance under this subsection.
``(v) Need.--In awarding funds under this subsection, the
Under Secretary shall give priority to the institution with
the greatest demonstrated need for assistance.
``(E) Annual report and evaluation.--
``(i) Annual report required from recipients.--Each
institution that receives a grant, cooperative agreement, or
contract awarded under this subsection shall provide an
annual report to the Under Secretary on its use of the grant,
cooperative agreement, or contract.
``(ii) Independent assessment.--Not later than 6 months
after the date of enactment of this subsection, the Under
Secretary shall enter into a contract with the National
Academy of Public Administration to conduct periodic
assessments of the program. The Assessments shall be
conducted once every 3 years during the 10-year period
following the enactment of this subsection. The assessments
shall include an evaluation of the effectiveness of the
program in improving the education and training of students,
faculty and staff at eligible institutions that have been
awarded grants, cooperative agreements, or contracts under
the program; an evaluation of the effectiveness of the
program in improving access to, and familiarity with, digital
and wireless networking technology for students, faculty, and
staff at all eligible institutions; an evaluation of the
procedures established under subparagraph (A); and
recommendations for improving the program, including
recommendations concerning the continuing need for Federal
support. In carrying out its assessments, the National
Academy of Public Administration shall review the reports
submitted to the Under Secretary under clause (i).
``(iii) Report to congress.--Upon completion of each
independent assessment carried out under clause (ii), the
Under Secretary shall transmit the assessment to Congress
along with a summary of the Under Secretary's plans, if any,
to implement the recommendations of the National Academy of
Public Administration.
``(F) Definitions.--In this subsection:
``(i) Digital and wireless networking technology.--The term
`digital and wireless networking technology' means computer
and communications equipment and software that facilitates
the transmission of information in a digital format.
``(ii) Eligible institution.--The term `eligible
institution' means an institution that is--

``(I) a historically Black college or university that is a
part B institution, as defined in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)), or an
institution described in section 326(e)(1) of that Act (20
U.S.C. 1063b(e)(1));
``(II) a Hispanic-serving institution, as defined in
section 502(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5));
``(III) a tribally controlled college or university, as
defined in section 316(b)(3) of the Higher Education Act of
1965 (20 U.S.C. 1059c(b)(3));
``(IV) an Alaska Native-serving institution under section
317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
``(V) a Native Hawaiian-serving institution under section
317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)).

``(iii) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(iv) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(v) Minority business.--The term `minority business'
includes HUBZone small business concerns (as defined in
section 3(p) of the Small Business Act (15 U.S.C. 632(p)).
``(vi) Minority individual.--The term `minority individual'
means an American Indian, Alaskan Native, Black (not of
Hispanic origin), Hispanic (including persons of Mexican,
Puerto Rican, Cuban and Central or South American origin), or
Pacific Islander individual.
``(vii) State.--The term `State' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(viii) State educational agency.--The term `State
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).''.

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Technology
Administration of the Department of Commerce to carry out
section 5(g) of the Stevenson-Wydler Technology Innovation
Act of 1980 such sums as may be necessary for each of the
fiscal years 2007 through 2010.
______

SA 5144. Mr. CONRAD (for himself, Mr. Coleman, Mr. Nelson of
Nebraska, Mr. Salazar, Mr. Hagel, Mr. Johnson, Mr. Thune, Mr. Dorgan,
Mr. Enzi, Mr. Baucus, Mr. Reid, Mrs. Clinton, Mr. Obama, Mr. Durbin,
Mr. Leahy, Mr. Harkin, Ms. Cantwell, Mr. Burns, Mr. Schumer, Mr.
Roberts, Mr. Dayton, Mr. Inouye, and Mr. Akaka) proposed an amendment
to the bill H.R. 5385, making appropriations for Military Construction
and Veterans Affairs, and Related Agencies for the fiscal year ending
September 30, 2007, and for other purposes; as follows:

On page 110, between lines 22 and 23, insert the following:

TITLE V--EMERGENCY FARM RELIEF

SEC. 501. SHORT TITLE.

This title may be cited as the ``Emergency Farm Relief Act
of 2006''.

SEC. 502. DEFINITIONS.

In this title:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(2) Disaster county.--The term ``disaster county'' means--
(A) a county included in the geographic area covered by a
natural disaster declaration; and
(B) each county contiguous to a county described in
subparagraph (A).
(3) Hurricane-affected county.--The term ``hurricane-
affected county'' means--
(A) a county included in the geographic area covered by a
natural disaster declaration related to Hurricane Katrina,
Hurricane Rita, Hurricane Wilma, or a related condition; and
(B) each county contiguous to a county described in
subparagraph (A).
(4) 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.).
(5) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) sheep;
(D) swine; and
(E) other livestock, as determined by the Secretary.
(6) Natural disaster declaration.--The term ``natural
disaster declaration'' means a natural disaster declared by
the Secretary during calendar year 2005 or 2006 under section
321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)).
(7) 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).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.

Subtitle A--Agricultural Production Losses

SEC. 511. CROP DISASTER ASSISTANCE.

(a) In General.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to
make emergency financial assistance authorized under this
section available to producers on a farm that have incurred
qualifying losses described in subsection (c).
(b) Administration.--
(1) In general.--Except as provided in paragraph (2), the
Secretary 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) Noninsured producers.--For producers on a farm that
were eligible to acquire crop insurance for the applicable
production loss and failed to do so or failed to submit an
application for the noninsured assistance program for the
loss, the Secretary shall make assistance in accordance with
paragraph (1), except that the payment rate shall be 35
percent of the established price, instead of 50 percent.
(c) Qualifying Losses.--Assistance under this section shall
be made available to producers on farms, other than producers
of sugar beets, that incurred qualifying quantity or quality
losses for the 2005 or 2006 crop due to damaging weather or
any related condition (including losses due to crop diseases,
insects, and delayed harvest), as determined by the
Secretary.
(d) Quality Losses.--
(1) In general.--In addition to any payment received under
subsection (b), the Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to
make payments to producers on a

[[Page S10932]]

farm described in subsection (a) that incurred a quality loss
for the 2005 or 2006 crop, or both, of a commodity in an
amount equal to the product obtained by multiplying--
(A) the payment quantity determined under paragraph (2);
(B)(i) in the case of an insurable commodity, the coverage
level elected by the insured under the policy or plan of
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.); or
(ii) in the case of a noninsurable commodity, the
applicable coverage level for the payment quantity determined
under paragraph (2); by
(C) 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)(i) in the case of an insurable commodity, the actual
production history for the commodity by the producers on the
farm under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.); or
(ii) in the case of a noninsurable commodity, the
established yield for the crop for the producers on the farm
under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333).
(3) Payment rate.--
(A) In general.--For the purpose of paragraph (1)(B), the
payment rate for quality losses for a crop of a commodity on
a farm shall be equal to the difference between (as
determined by the applicable State committee of the Farm
Service Agency)--
(i) 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
(ii) the per unit market value of the units of the crop
affected by the quality loss.
(B) Factors.--In determining the payment rate for quality
losses for a crop of a commodity on a farm, the applicable
State committee of the Farm Service Agency shall take into
account--
(i) the average local market quality discounts that
purchasers applied to the commodity during the first 2 months
following the normal harvest period for the commodity;
(ii) the loan rate and repayment rate established for the
commodity under the marketing loan program established for
the commodity under subtitle B of title I of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et
seq.);
(iii) the market value of the commodity if sold into a
secondary market; and
(iv) other factors determined appropriate by the committee.
(4) Eligibility.--
(A) In general.--For producers on a farm to be eligible to
obtain a payment for a quality loss for a crop under this
subsection--
(i) 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 reduced by the amount
of any indemnification received by the producers on the farm
for quality loss adjustment for the commodity under a policy
or plan of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.); and
(ii) the remainder 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.
(B) Ineligibility.--If the amount of a quality loss payment
for a commodity for the producers on a farm determined under
this paragraph is equal to or less than zero, the producers
on the farm shall be ineligible for assistance for the
commodity under this subsection.
(5) Eligible production.--The Secretary 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) Timing.--
(1) In general.--Subject to paragraph (2), the Secretary
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.

SEC. 512. LIVESTOCK ASSISTANCE.

(a) Livestock Compensation Program.--
(1) Use of commodity credit corporation funds.--Effective
beginning on the date of enactment of this Act, the Secretary
shall use funds of the Commodity Credit Corporation to carry
out the 2002 Livestock Compensation Program announced by the
Secretary on October 10, 2002 (67 Fed. Reg. 63070), to
provide compensation for livestock losses during calendar
years 2005 and 2006 for losses due to a disaster, as
determined by the Secretary, except that the payment rate
shall be 75 percent of the payment rate established for the
2002 Livestock Compensation Program.
(2) Eligible applicants.--In carrying out the program
described in paragraph (1), the Secretary shall provide
assistance to any applicant for livestock losses during
calendar year 2005 or 2006, or both, that--
(A)(i) conducts a livestock operation that is located in a
disaster county, including any applicant conducting a
livestock operation with eligible livestock (within the
meaning of the livestock assistance program under section
101(b) of division B of Public Law 108-324 (118 Stat. 1234));
or
(ii) produces 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));
(B) demonstrates to the Secretary that the applicant
suffered a material loss of pasture or hay production, or
experienced substantially increased feed costs, due to
damaging weather or a related condition during the calendar
year, as determined by the Secretary; and
(C) meets all other eligibility requirements established by
the Secretary for the program.
(3) 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.
(b) Livestock Indemnity Payments.--
(1) In general.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to
make livestock indemnity payments to producers on farms that
have incurred livestock losses during calendar years 2005 and
2006 for losses that occurred prior to the date of enactment
of this Act (including wildfire disaster losses in the State
of Texas and other States) due to a disaster, as determined
by the Secretary, including losses due to hurricanes, floods,
anthrax, and wildfires.
(2) 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.
(c) Ewe Lamb Replacement and Retention.--
(1) In general.--The Secretary shall use $13,000,000 of
funds of the Commodity Credit Corporation to make payments
under the Ewe Lamb Replacement and Retention Payment Program
under part 784 of title 7, Code of Federal Regulations (or a
successor regulation) for each qualifying ewe lamb retained
or purchased during the period beginning on January 1, 2006,
and ending on December 31, 2006.
(2) Ineligibility for other assistance.--A producer that
receives assistance under this subsection shall not be
eligible to receive assistance under subsection (a).

SEC. 513. FLOODED CROP AND GRAZING LAND.

(a) In General.--The Secretary shall compensate eligible
owners of flooded crop and grazing land in--
(1) the Devils Lake basin; and
(2) the McHugh, Lake Laretta, and Rose Lake closed drainage
areas of the State of North Dakota.
(b) Eligibility.--
(1) In general.--To be eligible to receive compensation
under this section, an owner shall own land described in
subsection (a) that, during the 2 crop years preceding
receipt of compensation, was rendered incapable of use for
the production of an agricultural commodity or for grazing
purposes (in a manner consistent with the historical use of
the land) as the result of flooding, as determined by the
Secretary.
(2) Inclusions.--Land described in paragraph (1) shall
include--
(A) land that has been flooded;
(B) land that has been rendered inaccessible due to
flooding; and
(C) a reasonable buffer strip adjoining the flooded land,
as determined by the Secretary.
(3) Administration.--The Secretary may establish--
(A) reasonable minimum acreage levels for individual
parcels of land for which owners may receive compensation
under this section; and
(B) the location and area of adjoining flooded land for
which owners may receive compensation under this section.
(c) Sign-up.--The Secretary shall establish a sign-up
program for eligible owners to apply for compensation from
the Secretary under this section.
(d) Compensation Payments.--
(1) In general.--Subject to paragraphs (2) and (3), the
rate of an annual compensation payment under this section
shall be equal to 90 percent of the average annual per acre
rental payment rate (at the time of entry into the contract)
for comparable crop or grazing land that has not been flooded
and remains in production in the county where the flooded
land is located, as determined by the Secretary.
(2) Reduction.--An annual compensation payment under this
section shall be reduced by the amount of any conservation
program rental payments or Federal agricultural commodity
program payments received by the owner for the land during
any crop year for which compensation is received under this
section.
(3) Exclusion.--During any year in which an owner receives
compensation for flooded land under this section, the owner
shall not

[[Page S10933]]

be eligible to participate in or receive benefits for the
flooded land under--
(A) the Federal crop insurance program established under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
(B) the noninsured crop assistance program established
under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333); or
(C) any Federal agricultural crop disaster assistance
program.
(e) Relationship to Agricultural Commodity Programs.--The
Secretary, by regulation, shall provide for the preservation
of cropland base, allotment history, and payment yields
applicable to land described in subsection (a) that was
rendered incapable of use for the production of an
agricultural commodity or for grazing purposes as the result
of flooding.
(f) Use of Land.--
(1) In general.--An owner that receives compensation under
this section for flooded land shall take such actions as are
necessary to not degrade any wildlife habitat on the land
that has naturally developed as a result of the flooding.
(2) Recreational activities.--To encourage owners that
receive compensation for flooded land to allow public access
to and use of the land for recreational activities, as
determined by the Secretary, the Secretary may--
(A) offer an eligible owner additional compensation; and
(B) provide compensation for additional acreage under this
section.
(g) Funding.--
(1) In general.--The Secretary shall use $6,000,000 of
funds of the Commodity Credit Corporation to carry out this
section.
(2) Pro-rated payments.--In a case in which the amount made
available under paragraph (1) for a fiscal year is
insufficient to compensate all eligible owners under this
section, the Secretary shall pro-rate payments for that
fiscal year on a per acre basis.

SEC. 514. SUGAR BEET DISASTER ASSISTANCE.

(a) In General.--The Secretary shall use $24,000,000 of
funds of the Commodity Credit Corporation to provide
assistance to sugar beet producers that suffered production
losses (including quality losses) for the 2005 or 2006 crop
year.
(b) Requirement.--The Secretary shall make payments under
subsection (a) in the same manner as payments were made under
section 208 of the Agricultural Assistance Act of 2003
(Public Law 108-7; 117 Stat. 544), including using the same
indemnity benefits as were used in carrying out that section.
(c) Hawaii.--The Secretary shall use $6,000,000 of funds of
the Commodity Credit Corporation to assist sugarcane growers
in Hawaii by making a payment in that amount to an
agricultural transportation cooperative in Hawaii, the
members of which are eligible to obtain a loan under section
156(a) of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7272(a)).

SEC. 515. BOVINE TUBERCULOSIS HERD INDEMNIFICATION.

The Secretary shall use $2,000,000 of funds of the
Commodity Credit Corporation to indemnify producers that
suffered losses to herds of cattle due to bovine tuberculosis
during calendar year 2005.

SEC. 516. NONINSURED CROP ASSISTANCE PROGRAM.

Section 196(c) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333(c)) is amended by adding at
the end the following:
``(5) Loss assessment for grazing.--The Secretary shall
permit the use of 1 claims adjustor certified by the
Secretary to assess the quantity of loss on the acreage or
allotment of a producer devoted to grazing for livestock
under this section.''.

SEC. 517. REDUCTION IN PAYMENTS.

The amount of any payment for which a producer is eligible
under this subtitle shall be reduced by any amount received
by the producer for the same loss or any similar loss under--
(1) the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (Public Law 109-148; 119
Stat. 2680);
(2) an agricultural disaster assistance provision contained
in the announcement of the Secretary on January 26, 2006, or
August 29, 2006;
(3) the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane Recovery,
2006 (Public Law 109-234; 120 Stat. 418); or
(4) the Livestock Assistance Grant Program announced by the
Secretary on August 29, 2006.

Subtitle B--Small Business Economic Loss Grant Program

SEC. 521. SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM.

(a) Definition of Qualified State.--In this section, the
term ``qualified State'' means a State in which at least 50
percent of the counties of the State were declared to be
primary agricultural disaster areas by the Secretary in at
least 2 of crop years 2004, 2005, and 2006.
(b) Grants to Qualified States.--
(1) In general.--The Secretary shall use $300,000,000 of
funds of the Commodity Credit Corporation to make grants to
State departments of agriculture or comparable State agencies
in qualified States.
(2) Amount.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall allocate grants among qualified States described in
paragraph (1) based on the average value of agricultural
sector production in the qualified State, determined as a
percentage of the gross domestic product of the qualified
State.
(B) Minimum amount.--The minimum amount of a grant under
this subsection shall be $3,000,000.
(3) Requirement.--To be eligible to receive a grant under
this subsection, a qualified State shall agree to carry out
an expedited disaster assistance program to provide direct
payments to qualified small businesses in accordance with
subsection (c).
(c) Direct Payments to Qualified Small Businesses.--
(1) In general.--In carrying out an expedited disaster
assistance program described in subsection (b)(3), a
qualified State shall provide direct payments to eligible
small businesses in the qualified State that suffered
material economic losses in at least 2 of crop years 2004,
2005, and 2006 as a direct result of weather-related
agricultural losses to the crop or livestock production
sectors of the qualified State, as determined by the
Secretary.
(2) Eligibility.--
(A) In general.--To be eligible to receive a direct payment
under paragraph (1), a small business shall--
(i) have less than $5,000,000 in average annual gross
income from all business activities, at least 75 percent of
which shall be directly related to production agriculture or
agriculture support industries, as determined by the
Secretary;
(ii) verify the amount of economic loss attributable to
weather-related agricultural losses using such documentation
as the Secretary and the head of the qualified State agency
may require;
(iii) have suffered losses attributable to weather-related
agricultural disasters that equal at least 50 percent of the
total economic loss of the small business for each year a
grant is requested; and
(iv) demonstrate that the grant will materially improve the
likelihood the business will--

(I) recover from the disaster; and
(II) continue to service and support production
agriculture.

(3) Requirements.--A direct payment to small business under
this subsection shall--
(A) be limited to not more than 2 years of documented
losses;
(B) be in an amount of not more than 75 percent of the
documented average economic loss attributable to weather-
related agriculture disasters for each eligible year in the
qualified State; and
(C) not exceed $80,000 per grant per year.
(4) Insufficient funding.--If the grant funds received by a
qualified State agency under subsection (b) are insufficient
to fund the direct payments of the qualified State agency
under this subsection, the qualified State agency may apply a
proportional reduction to all of the direct payments.

Subtitle C--Conservation

SEC. 531. EMERGENCY CONSERVATION PROGRAM.

The Secretary shall use an additional $30,000,000 of funds
of the Commodity Credit Corporation to carry out emergency
measures, including wildfire recovery efforts in Montana and
other States, identified by the Administrator of the Farm
Service Agency as of the date of enactment of this Act
through the emergency conservation program established under
title IV of the Agricultural Credit Act of 1978 (16 U.S.C.
2201 et seq.).

SEC. 532. EMERGENCY WATERSHED PROTECTION PROGRAM.

The Secretary shall use an additional $70,000,000 of funds
of the Commodity Credit Corporation to carry out emergency
measures identified by the Chief of the Natural Resources
Conservation Service as of the date of enactment of this Act
through the emergency watershed protection program
established under section 403 of the Agricultural Credit Act
of 1978 (16 U.S.C. 2203).

SEC. 533. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

The Secretary shall use an additional $200,000,000 of funds
of the Commodity Credit Corporation to carry out emergency
measures identified by the Secretary through the
environmental quality incentives program established under
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.), of which not less than
$50,000,000 shall be used to carry out wildfire recovery
efforts (including in Montana and other States).

Subtitle D--Farm Service Agency

SEC. 541. FUNDING FOR ADDITIONAL PERSONNEL.

The Secretary shall use $20,000,000 of funds of the
Commodity Credit Corporation to hire additional County Farm
Service Agency personnel--
(1) to expedite the implementation of, and delivery under,
the agricultural disaster and economic assistance programs
under this title; and
(2) as the Secretary determines to be necessary to carry
out other agriculture and disaster assistance programs.

Subtitle E--Miscellaneous

SEC. 551. CONTRACT WAIVER.

In carrying out section 101(a)(5) of the Emergency
Supplemental Appropriations for Hurricane Disasters
Assistance Act, 2005 (Public Law 108-324; 118 Stat. 1233),
the Secretary shall not require participation in a

[[Page S10934]]

crop insurance pilot program relating to forage.

SEC. 552. FUNDING.

The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out
this title, to remain available until expended.

SEC. 553. REGULATIONS.

(a) In General.--The Secretary may promulgate such
regulations as are necessary to implement this title.
(b) Procedure.--The promulgation of the regulations and
administration of this title 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 shall use the authority
provided under section 808 of title 5, United States Code.

SEC. 554. EARTHQUAKE DAMAGE IN THE STATE OF HAWAII.

(a) Emergency Watershed Protection Program.--The Secretary
shall use an additional $12,000,000 of funds of the Commodity
Credit Corporation to carry out emergency measures on the Big
Island in the State of Hawaii (referred to in this section as
the ``Big Island'') through the emergency watershed
protection program established under section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203), of which
$7,000,000 shall be used to repair the Lower Hamakua Ditch
and $5,000,000 shall be used to repair the Waimea Irrigation
System/Upper Hamakua Ditch.
(b) Emergency Conservation Program.--
(1) In general.--The Secretary shall use an additional
$6,000,000 of funds of the Commodity Credit Corporation to
repair broken irrigation pipelines and damaged and collapsed
water tanks on the Big Island through the emergency
conservation program established under title IV of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), of
which $2,000,000 shall be used to repair stone fences on
cattle ranches in the Kona and Kohala areas and $2,000,000
shall be used to provide emergency loans for losses of
agricultural income due to the earthquake of October 15,
2006.
(2) Additional funds.--The Secretary may use an additional
$2,000,000 of funds of the Commodity Credit Corporation
through the emergency conservation program established under
title IV of the Agricultural Credit Act of 1978 (16 U.S.C.
2201 et seq.) to repair or replace historical stone fences on
ranches on the Big Island damaged by the earthquake on
October 15, 2006.
(c) Kohala Ditch System.--The Secretary shall use
$3,000,000 of funds of the Commodity Credit Corporation to
provide a grant to the Big Island Resource Conservation and
Development Council, Incorporated, to repair the Kohala Ditch
system.

Subtitle F--Emergency Designation

SEC. 561. EMERGENCY DESIGNATION.

The amounts provided under this title are designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress).
______

SA 5145. Mr. SMITH submitted an amendment intended to be proposed to
SA 4920 submitted by Mr. Burns and intended to be proposed to the bill
H.R. 5385, making appropriations for Military Construction and Veterans
Affairs, and Related Agencies for the fiscal year ending September 30,
2007, and for other purposes; which was ordered to lie on the table; as
follows:

At the end, add the following:

SEC. __. REAUTHORIZATION OF THE SECURE RURAL SCHOOLS AND
COMMUNITY SELF-DETERMINATION ACT OF 2000.

(a) In General.--The Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 500 note; Public
Law 106-393) is amended in sections 101(a), 102(b)(2),
103(b)(1), 203(a)(1), 207(a), 208, 303, and 401 by striking
``2006'' and inserting ``2007''.
(b) Termination of Authority.--
(1) Special projects on federal lands.--Section 208 of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 500 note; Public Law 106-393) is amended in
the second sentence by striking ``2007'' and inserting
``2008''.
(2) County projects.--Section 303 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 500 note; Public Law 106-393) is amended in the second
sentence by striking ``2007'' and inserting ``2008''.
(c) Reduction in Payments for Fiscal Year 2007.--
Notwithstanding any provision of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 500 note;
Public Law 106-393), any payment authorized under section 102
or 103 of that Act for fiscal year 2007 shall be equal to the
amount of the payment authorized under the applicable section
of that Act for fiscal year 2006, reduced by 10 percent.
(d) Emergency Designation.--The amount made available under
this section and the amendments made by this section is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 83 (109th Congress), the concurrent
resolution on the budget for fiscal year 2007, as made
applicable in the Senate by section 7035 of Public Law 109-
234.
______

SA 5146. Mr. COCHRAN (for himself and Mr. Lott) submitted an
amendment intended to be proposed by him to the bill H.R. 5385, making
appropriations for Military Construction and Veterans Affairs, and
Related Agencies for the fiscal year ending September 30, 2007, and for
other purposes; as follows:

On page 82, between lines 19 and 20, insert the following:
Sec. 126. Of the amount appropriated or otherwise made
available by chapter 7 of title I 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) under the heading ``Military
Construction, Navy and Marine Corps'' and available for the
replacement of a Bachelor Enlisted Quarters at Naval
Construction Battalion Center, Gulfport, Mississippi,
$13,400,000 may be available for the construction of an
additional Bachelor Enlisted Quarters at Naval Construction
Battalion Center, Gulfport, Mississippi.
______

SA 5147. Mr. WYDEN (for himself and Mr. Smith) submitted an amendment
intended to be proposed by him to the bill H.R. 5385, making
appropriations for Military Construction and Veterans Affairs, and
Related Agencies for the fiscal year ending September 30, 2007, and for
other purposes; which was ordered to lie on the table; as follows:

On page 106, between lines 12 and 13, insert the following:
Sec. 229. Of the amount appropriated by this title under
the heading ``Departmental Administration'', up to $500,000
may be available for the Secretary of Veterans Affairs to
conduct an independent study on the community health
resources in the 14-county catchment area of the Department
of Veterans Affairs clinic in Walla Walla, Washington,
including the capacity of the private health care facilities
in such catchment area to serve veterans that currently
receive inpatient care at such clinic.
______

SA 5148. Mrs. DOLE submitted an amendment intended to be proposed by
her to the bill H.R. 5385, making appropriations for Military
Construction and Veterans Affairs, and Related Agencies for the fiscal
year ending September 30, 2007, and for other purposes; which was
ordered to lie on the table; as follows:

On page 82, between lines 19 and 20, insert the following:
Sec. 126. Section 2836(c)(3) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 2005) is amended to read as follows:
``(3) The Secretary may convey, without consideration, to
the County all right, title, and interest of the United
States in and to a parcel of real property (including
improvements thereon), known as Tract No. 404-1, consisting
of approximately 137 acres located at Fort Bragg for support
of the construction of public school structures that may be
used by the Harnett County School Board for the education
of--
``(A) members of the Armed Forces stationed at Fort Bragg
and Pope Air Force Base and their dependents; and
``(B) children who reside in the County.'' .

____________________