To strike language that would tie the hands of the Commander-in-Chief by imposing an arbitrary timetable for the withdrawal of U.S. forces from Iraq, thereby undermining the position of American Armed Forces and jeopardizing the successful conclusion of Operation Iraqi Freedom.

TEXT OF AMENDMENTS

SA 641. Mr. BYRD proposed an amendment to the bill H.R. 1591, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2007, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2007, and for other purposes, namely:

TITLE I

GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

Public Law 480 Title II Grants

For an additional amount for ``Public Law 480 Title II
Grants'', during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $475,000,000, to remain available until expended.

GENERAL PROVISION--THIS CHAPTER

Sec. 1101. There is hereby appropriated $82,000,000 to
reimburse the Commodity Credit Corporation for the release of
eligible commodities under section 302(f)(2)(A) of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used to replenish the Bill
Emerson Humanitarian Trust.

CHAPTER 2

DEPARTMENT OF JUSTICE

General Administration

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ``Office of the Inspector
General'', $500,000, to remain available until September 30,
2008.

Legal Activities

salaries and expenses, general legal activities

For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $4,093,000, to remain available
until September 30, 2008.

Salaries and Expenses, United States Attorneys

For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $5,000,000, to remain available
until September 30, 2008.

United States Marshals Service

Salaries and Expenses, United States Marshals Service

For an additional amount for ``Salaries and Expenses,
United States Marshals Service'', $25,000,000, to remain
available until September 30, 2008.

National Security Division

Salaries and Expenses

For an additional amount for ``Salaries and Expenses,''
$1,736,000, to remain available until September 30, 2008.

Federal Bureau of Investigation

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$348,260,000, of which $338,260,000 is to remain available
until September 30, 2008 and $10,000,000 is to remain
available until expended to implement corrective actions in
response to the findings and recommendations in the
Department of Justice Office of Inspector General report
entitled, ``A Review of the Federal Bureau of Investigation's
Use of National Security Letters''.

Drug Enforcement Administration

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$25,100,000, to remain available until September 30, 2008.

Bureau of Alcohol, Tobacco, Firearms, and Explosives

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2008.

Federal Prison System

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$17,000,000, to remain available until September 30, 2008.

CHAPTER 3

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$8,870,270,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$1,100,410,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $1,495,827,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $1,218,587,000.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$147,244,000.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$77,523,000.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air
Force'', $9,073,000.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $474,978,000.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $41,533,000.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $20,373,379,000.

Operation and Maintenance, Navy

(including transfer of funds)

For an additional amount for ``Operation and Maintenance,
Navy'', $4,865,003,000, of which $120,293,000 shall be
transferred to Coast Guard, ``Operating Expenses'', for
reimbursement for activities in support of activities
requested by the Navy.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,101,594,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $6,685,881,000.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,790,669,000, of which--
(1) not to exceed $25,000,000 may be used for the Combatant
Commander Initiative Fund, to be used in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and
(2) not to exceed $200,000,000, to remain available until
expended, may be used for payments to reimburse Pakistan,
Jordan, and other key cooperating nations, for logistical,
military, and other support provided to United States
military operations, notwithstanding any other provision of
law: Provided, That such payments may be made in such amounts
as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $74,049,000.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $111,066,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $13,591,000.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $10,160,000.

[[Page S3761]]

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $83,569,000.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $38,429,000.

Afghanistan Security Forces Fund

For an additional amount for ``Afghanistan Security Forces
Fund'', $5,906,400,000, to remain available until September
30, 2008.

Iraq Security Forces Fund

For an additional amount for ``Iraq Security Forces Fund'',
$3,842,300,000, to remain available until September 30, 2008.

Iraq Freedom Fund

(including transfer of funds)

For an additional amount for ``Iraq Freedom Fund'',
$455,600,000, to remain available for transfer until
September 30, 2008.

Joint Improvised Explosive Device Defeat Fund

For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $2,432,800,000, to remain available
until September 30, 2009.

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for ``Aircraft Procurement,
Army'', $619,750,000, to remain available until September 30,
2009.

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'',
$111,473,000, to remain available until September 30, 2009.

Procurement of Weapons and Tracked Combat Vehicles, Army

For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $3,400,315,000, to remain
available until September 30, 2009.

Procurement of Ammunition, Army

For an additional amount for ``Procurement of Ammunition,
Army'', $681,500,000, to remain available until September 30,
2009.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$10,589,272,000, to remain available until September 30,
2009.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement,
Navy'', $963,903,000, to remain available until September 30,
2009.

Weapons Procurement, Navy

For an additional amount for ``Weapons Procurement, Navy'',
$163,813,000, to remain available until September 30, 2009.

Procurement of Ammunition, Navy and Marine Corps

For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $159,833,000, to remain available
until September 30, 2009.

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$722,506,000, to remain available until September 30, 2009.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$1,703,389,000, to remain available until September 30, 2009.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air
Force'', $1,431,756,000, to remain available until September
30, 2009.

Missile Procurement, Air Force

For an additional amount for ``Missile Procurement, Air
Force'', $78,900,000, to remain available until September 30,
2009.

Procurement of Ammunition, Air Force

For an additional amount for ``Procurement of Ammunition,
Air Force'', $6,000,000, to remain available until September
30, 2009.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air
Force'', $1,972,131,000, to remain available until September
30, 2009.

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$903,092,000, to remain available until September 30, 2009.

National Guard and Reserve Equipment

For an additional amount for ``National Guard and Reserve
Equipment'', $1,000,000,000, to remain available until
September 30, 2009.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $125,576,000, to remain available
until September 30, 2008.

Research, Development, Test and Evaluation, Navy

For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $308,212,000, to remain available
until September 30, 2008.

Research, Development, Test and Evaluation, Air Force

For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $233,869,000, to remain
available until September 30, 2008.

Research, Development, Test and Evaluation, Defense-Wide

For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $522,804,000, to remain
available until September 30, 2008.

REVOLVING AND MANAGEMENT FUNDS

National Defense Sealift Fund

For an additional amount for ``National Defense Sealift
Fund'', $5,000,000.

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital
Funds'', $1,315,526,000.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ``Defense Health Program'',
$2,466,847,000; of which $2,277,147,000 shall be for
operation and maintenance; of which $118,000,000, to remain
available for obligation until September 30, 2009, shall be
for Procurement; and of which $71,700,000, to remain
available for obligation until September 30, 2008, shall be
for Research, development, test and evaluation.

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $254,665,000, to remain
available until expended: Provided, That these funds may be
used only for such activities related to Afghanistan and
Central Asia: Provided further, That the Secretary of Defense
may transfer such funds only to appropriations for military
personnel; operation and maintenance; procurement; and
research, development, test and evaluation: Provided further,
That the funds transferred shall be merged with and be
available for the same purposes and for the same time period
as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.

RELATED AGENCY

Intelligence Community Management Account

For an additional amount for ``Intelligence Community
Management Account'', $71,726,000.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 1301. Appropriations provided in this chapter are
available for obligation until September 30, 2007, unless
otherwise provided in this chapter.

(transfer of funds)

Sec. 1302. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $3,500,000,000 of
the funds made available to the Department of Defense in this
title: Provided, That the Secretary shall notify the Congress
promptly of each transfer made pursuant to the authority in
this section: Provided further, That the authority provided
in this section is in addition to any other transfer
authority available to the Department of Defense and is
subject to the same terms and conditions as the authority
provided in section 8005 of the Department of Defense
Appropriations Act, 2007 (Public Law 109-289; 120 Stat.
1257), except for the fourth proviso: Provided further, That
funds previously transferred to the ``Joint Improvised
Explosive Device Defeat Fund'' and the ``Iraq Security Forces
Fund'' under the authority of section 8005 of Public Law 109-
289 and transferred back to their source appropriations
accounts shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred
under section 8005.
Sec. 1303. Funds appropriated in this chapter, or made
available by the transfer of funds in or pursuant to this
chapter, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of
section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 414(a)(1)).
Sec. 1304. None of the funds provided in this chapter may
be used to finance programs or activities denied by Congress
in fiscal years 2006 or 2007 appropriations to the Department
of Defense or to initiate a procurement or research,
development, test and evaluation new start program without
prior written notification to the congressional defense
committees.
Sec. 1305. During fiscal year 2007, the Secretary of
Defense may transfer not to exceed $6,300,000 of the amounts
in or credited to the Defense Cooperation Account, pursuant
to 10 U.S.C. 2608, to such appropriations or funds of the
Department of Defense as he shall determine for use
consistent with the purposes for which such funds were
contributed and accepted: Provided, That such amounts shall
be available for the same time period as the appropriation to
which transferred: Provided further, That the Secretary shall
report to the Congress all transfers made pursuant to this
authority.
Sec. 1306. (a) Authority to Provide Support.--Of the amount
appropriated by this title under the heading, ``Drug
Interdiction and Counter-Drug Activities, Defense'', not to
exceed $60,000,000 may be used for support for counter-drug
activities of the Governments of Afghanistan, Kazakhstan, and
Pakistan: Provided, That such support shall be in addition to
support provided for the counter-drug activities of such
Governments under any other provision of the law.

[[Page S3762]]

(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 operations and
maintenance in this title to the Department of Defense, not
to exceed $456,400,000 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).
Sec. 1308. During fiscal year 2007, supervision and
administration costs associated with projects carried out
with funds appropriated to ``Afghanistan Security Forces
Fund'' or ``Iraq Security Forces Fund'' in this chapter may
be obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision
and administration costs include all in-house Government
costs.
Sec. 1309. Section 1005(c)(2) of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364) is
amended by striking ``$310,277,000'' and inserting
``$376,446,000''.
Sec. 1310. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
Sec. 1311. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code;
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations; and
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 1312. Section 9007 of Public Law 109-289 is amended by
striking ``20'' and inserting ``287''.
Sec. 1313. Inspection of Military Medical Treatment
Facilities, Military Quarters Housing Medical Hold Personnel,
and Military Quarters Housing Medical Holdover Personnel. (a)
Periodic Inspection Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall inspect each facility of the
Department of Defense as follows:
(A) Each military medical treatment facility.
(B) Each military quarters housing medical hold personnel.
(C) Each military quarters housing medical holdover
personnel.
(2) Purpose.--The purpose of an inspection under this
subsection is to ensure that the facility or quarters
concerned meets acceptable standards for the maintenance and
operation of medical facilities, quarters housing medical
hold personnel, or quarters housing medical holdover
personnel, as applicable.
(b) Acceptable Standards.--For purposes of this section,
acceptable standards for the operation and maintenance of
military medical treatment facilities, military quarters
housing medical hold personnel, or military quarters housing
medical holdover personnel are each of the following:
(1) Generally accepted standards for the accreditation of
non-military medical facilities, or for facilities used to
quarter individuals with medical conditions that may require
medical supervision, as applicable, in the United States.
(2) Standards under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
(c) Additional Inspections on Identified Deficiencies.--
(1) In general.--In the event a deficiency is identified
pursuant to subsection (a) at a facility or quarters
described in paragraph (1) of that subsection--
(A) the commander of such facility or quarters, as
applicable, shall submit to the Secretary a detailed plan to
correct the deficiency; and
(B) the Secretary shall reinspect such facility or
quarters, as applicable, not less often than once every 180
days until the deficiency is corrected.
(2) Construction with other inspections.--An inspection of
a facility or quarters under this subsection is in addition
to any inspection of such facility or quarters under
subsection (a).
(d) Reports on Inspections.--A complete copy of the report
on each inspection conducted under subsections (a) and (c)
shall be submitted in unclassified form to the applicable
military medical command and to the congressional defense
committees.
(e) Report on Standards.--In the event no standards for the
maintenance and operation of military medical treatment
facilities, military quarters housing medical hold personnel,
or military quarters housing medical holdover personnel exist
as of the date of the enactment of this Act, or such
standards as do exist do not meet acceptable standards for
the maintenance and operation of such facilities or quarters,
as the case may be, the Secretary shall, not later than 30
days after that date, submit to Congress a report setting
forth the plan of the Secretary to ensure--
(1) the adoption by the Department of standards for the
maintenance and operation of military medical facilities,
military quarters housing medical hold personnel, or military
quarters housing medical holdover personnel, as applicable,
that meet--
(A) acceptable standards for the maintenance and operation
of such facilities or quarters, as the case may be; and
(B) standards under the Americans with Disabilities Act of
1990; and
(2) the comprehensive implementation of the standards
adopted under paragraph (1) at the earliest date practicable.
Sec. 1314. From funds made available for the ``Iraq
Security Forces Fund'' for fiscal year 2007, up to
$155,500,000 may be used, notwithstanding any other provision
of law, to provide assistance, with the concurrence of the
Secretary of State, to the Government of Iraq to support the
disarmament, demobilization, and reintegration of militias
and illegal armed groups.
Sec. 1315. Revision of United States Policy on Iraq. (a)
Findings.--Congress makes the following findings:
(1) Congress and the American people will continue to
support and protect the members of the United States Armed
Forces who are serving or have served bravely and honorably
in Iraq.
(2) The circumstances referred to in the Authorization for
Use of Military Force Against Iraq Resolution of 2002 (Public
Law 107-243) have changed substantially.
(3) United States troops should not be policing a civil
war, and the current conflict in Iraq requires principally a
political solution.
(4) United States policy on Iraq must change to emphasize
the need for a political solution by Iraqi leaders in order
to maximize the chances of success and to more effectively
fight the war on terror.
(b) Prompt Commencement of Phased Redeployment of United
States Forces From Iraq.--
(1) Transition of mission.--The President shall promptly
transition the mission of United States forces in Iraq to the
limited purposes set forth in paragraph (2).
(2) Commencement of phased redeployment from iraq.--The
President shall commence the phased redeployment of United
States forces from Iraq not later than 120 days after the
date of the enactment of this Act, with the goal of
redeploying, by March 31, 2008, all United States combat
forces from Iraq except for a limited number that are
essential for the following purposes:
(A) Protecting United States and coalition personnel and
infrastructure.
(B) Training and equipping Iraqi forces.
(C) Conducting targeted counter-terrorism operations.
(3) Comprehensive strategy.--Paragraph (2) shall be
implemented as part of a comprehensive diplomatic, political,
and economic strategy that includes sustained engagement with
Iraq's neighbors and the international community for the
purpose of working collectively to bring stability to Iraq.
(4) Reports required.--Not later than 60 days after the
date of the enactment of this Act, and every 90 days
thereafter, the President shall submit to Congress a report
on the progress made in transitioning the mission of the
United States forces in Iraq and implementing the phased
redeployment of United States forces from Iraq as required
under this subsection, as well as a classified campaign plan
for Iraq, including strategic and operational benchmarks and
projected redeployment dates of United States forces from
Iraq.
(c) Benchmarks for the Government of Iraq.--
(1) Sense of congress.--It is the sense of Congress that--
(A) achieving success in Iraq is dependent on the
Government of Iraq meeting specific benchmarks, as reflected
in previous commitments made by the Government of Iraq,
including--

[[Page S3763]]

(i) deploying trained and ready Iraqi security forces in
Baghdad;
(ii) strengthening the authority of Iraqi commanders to
make tactical and operational decisions without political
intervention;
(iii) disarming militias and ensuring that Iraqi security
forces are accountable only to the central government and
loyal to the constitution of Iraq;
(iv) enacting and implementing legislation to ensure that
the energy resources of Iraq benefit all Iraqi citizens in an
equitable manner;
(v) enacting and implementing legislation that equitably
reforms the de-Ba'athification process in Iraq;
(vi) ensuring a fair process for amending the constitution
of Iraq so as to protect minority rights; and
(vii) enacting and implementing rules to equitably protect
the rights of minority political parties in the Iraqi
Parliament; and
(B) each benchmark set forth in subparagraph (A) should be
completed expeditiously and pursuant to a schedule
established by the Government of Iraq.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, and every 60 days thereafter, the
Commander, Multi-National Forces-Iraq shall submit to
Congress a report describing and assessing in detail the
current progress being made by the Government of Iraq in
meeting the benchmarks set forth in paragraph (1)(A).

CHAPTER 4

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Defense Nuclear Nonproliferation

For an additional amount for ``Defense Nuclear
Nonproliferation'', $63,000,000.

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

United States Customs and Border Protection

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$140,000,000, to remain available until September 30, 2008.

Air and Marine Interdiction, Operations, Maintenance, and Procurement

For an additional amount for ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'', for air and
marine operations on the Northern Border and the Great Lakes,
including the final Northern Border air wing, $75,000,000, to
remain available until September 30, 2008.

Immigration and Customs Enforcement

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$20,000,000, to remain available until September 30, 2008.

Transportation Security Administration

Aviation Security

For an additional amount for ``Aviation Security'',
$660,000,000; of which $600,000,000 shall be for procurement
and installation of checked baggage explosives detection
systems, to remain available until expended; and $60,000,000
shall be for air cargo security, to remain available until
September 30, 2008.

Federal Air Marshals

For an additional amount for ``Federal Air Marshals'',
$15,000,000, to remain available until September 30, 2008.

Preparedness

management and administration

For an additional amount for ``Office of the Chief Medical
Officer'' for nuclear preparedness and other activities,
$18,000,000, to remain available until September 30, 2008.

Infrastructure Protection and Information Security

For an additional amount for ``Infrastructure Protection
and Information Security'' for chemical site security
activities, $18,000,000, to remain available until September
30, 2008.

Federal Emergency Management Agency

Administrative and Regional Operations

For an additional amount for ``Administrative and Regional
Operations'' for necessary expenses related to title V of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq. (as
amended by section 611 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 701 note; Public Law
109-295))), $20,000,000, to remain available until September
30, 2008: Provided, That none of the funds available under
this heading may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure.

State and Local Programs

For an additional amount for ``State and Local Programs'',
$850,000,000; of which $190,000,000 shall be for port
security pursuant to section 70107(l) of title 46 United
States Code; $625,000,000 shall be for intercity rail
passenger transportation, freight rail, and transit security
grants; and $35,000,000 shall be for regional grants and
technical assistance to high risk urban areas for
catastrophic event planning and preparedness: Provided, That
none of the funds made available under this heading may be
obligated for such regional grants and technical assistance
until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for
expenditure: Provided further, That funds for such regional
grants and technical assistance shall remain available until
September 30, 2008.

Emergency Management Performance Grants

For an additional amount for ``Emergency Management
Performance Grants'' for necessary expenses related to the
Nationwide Plan Review, $100,000,000.

United States Citizenship and Immigration Services

For an additional amount for expenses of ``United States
Citizenship and Immigration Services'' to address backlogs of
security checks associated with pending applications and
petitions, $30,000,000, to remain available until September
30, 2008: Provided, That none of the funds made available
under this heading shall be available for obligation until
the Secretary of Homeland Security, in consultation with the
United States Attorney General, submits to the Committees on
Appropriations of the Senate and the House of Representatives
a plan to eliminate the backlog of security checks that
establishes information sharing protocols to ensure United
States Citizenship and Immigration Services has the
information it needs to carry out its mission.

Science and Technology

Research, Development, Acquisition, and Operations

For an additional amount for ``Research, Development,
Acquisition, and Operations'' for air cargo research,
$15,000,000, to remain available until expended.

Domestic Nuclear Detection Office

Research, Development, and Operations

For an additional amount for ``Research, Development, and
Operations'' for non-container, rail, aviation and intermodal
radiation detection activities, $39,000,000, to remain
available until expended.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 1501. None of the funds provided in this Act, or
Public Law 109-295, shall be available to carry out section
872 of Public Law 107-296.
Sec. 1502. Section 550 of the Department of Homeland
Security Appropriations Act, 2007 (6 U.S.C. 121 note) is
amended by adding at the end the following:
``(h) This section shall not preclude or deny any right of
any State or political subdivision thereof to adopt or
enforce any regulation, requirement, or standard of
performance with respect to chemical facility security that
is more stringent than a regulation, requirement, or standard
of performance issued under this section, or otherwise impair
any right or jurisdiction of any State with respect to
chemical facilities within that State, unless there is an
actual conflict between this section and the law of that
State.''.

CHAPTER 6

MILITARY CONSTRUCTION

Military Construction, Army

For an additional amount for ``Military Construction,
Army'', $1,261,390,000, to remain available until September
30, 2008: Provided, That such funds may be obligated and
expended to carry out planning and design and military
construction projects not otherwise authorized by law:
Provided further, That of the funds provided under this
heading, $280,300,000 shall not be obligated or expended
until the Secretary of Defense certifies that none of the
funds are to be used for the purpose of providing facilities
for the permanent basing of U.S. military personnel in Iraq.

Military Construction, Navy and Marine Corps

For an additional amount for ``Military Construction, Navy
and Marine Corps'', $347,890,000, to remain available until
September 30, 2008: Provided, That such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law.

Military Construction, Air Force

For an additional amount for ``Military Construction, Air
Force'', $34,700,000, to remain available until September 30,
2008: Provided, That such funds may be obligated and expended
to carry out planning and design and military construction
projects not otherwise authorized by law.

CHAPTER 7

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

Diplomatic and Consular Programs

For an additional amount for ``Diplomatic and Consular
Programs'', $815,796,000, to remain available until September
30, 2008, of which $70,000,000 for World Wide Security
Upgrades is available until expended: Provided, That of the
funds appropriated under this heading, not more than
$20,000,000 shall be made available for public diplomacy
programs: Provided further, That prior to the obligation of
funds pursuant to the previous proviso, the Secretary of
State shall submit a report to the Committees on
Appropriations describing a comprehensive public diplomacy
strategy, with goals and expected results, for fiscal years
2007 and 2008: Provided further, That within 15 days of
enactment of this Act, the Office of Management and Budget
shall apportion $15,000,000 from

[[Page S3764]]

amounts appropriated or otherwise made available by chapter 8
of title II of division B of Public Law 109-148 under the
heading ``Emergencies in the Diplomatic and Consular
Service'' for emergency evacuations: Provided further, That
of the amount made available under this heading for Iraq, not
to exceed $20,000,000 may be transferred to, and merged with,
funds in the ``Emergencies in the Diplomatic and Consular
Service'' appropriations account, to be available only for
emergency evacuations and terrorism rewards.

Office of Inspector General

For an additional amount for ``Office of Inspector
General'', $36,500,000, to remain available until December
31, 2008: Provided, That of the funds appropriated under this
heading, not less than $1,500,000 shall be made available for
activities related to oversight of assistance furnished for
Iraq and Afghanistan with funds appropriated in this Act and
in prior appropriations Acts: Provided further, That
$35,000,000 of these funds shall be transferred to the
Special Inspector General for Iraq Reconstruction for
reconstruction oversight.

Educational and Cultural Exchange Programs

For an additional amount for ``Educational and Cultural
Exchange Programs'', $25,000,000, to remain available until
expended.

International Organizations

Contributions to International Organizations

For an additional amount for ``Contributions to
International Organizations'', $59,000,000, to remain
available until September 30, 2008.

Contributions for International Peacekeeping Activities

For an additional amount for ``Contributions for
International Peacekeeping Activities'', $200,000,000, to
remain available until September 30, 2008.

RELATED AGENCY

Broadcasting Board of Governors

International Broadcasting Operations

For an additional amount for ``International Broadcasting
Operations'' for activities related to broadcasting to the
Middle East, $10,000,000, to remain available until September
30, 2008.

FOREIGN OPERATIONS

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

United States Agency for International Development

Child Survival and Health Programs Fund

For an additional amount for ``Child Survival and Health
Programs Fund'', $161,000,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, funds made available under the heading
``Millennium Challenge Corporation'' and ``Global HIV/AIDS
Initiative'' in prior Acts making appropriations for foreign
operations, export financing and related programs may be made
available to combat the avian influenza, subject to the
regular notification procedures of the Committees on
Appropriations.

International Disaster and Famine Assistance

For an additional amount for ``International Disaster and
Famine Assistance'', $187,000,000, to remain available until
expended: Provided, That of the funds appropriated under this
heading, not less than $65,000,000 shall be made available
for assistance for internally displaced persons in Iraq, not
less than $18,000,000 shall be made available for emergency
shelter, fuel and other assistance for internally displaced
persons in Afghanistan, not less than $10,000,000 shall be
made available for assistance for northern Uganda, not less
than $10,000,000 shall be made available for assistance for
eastern Democratic Republic of the Congo, and not less than
$10,000,000 shall be made available for assistance for Chad.

Operating Expenses of the United States Agency for International
Development

For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$5,700,000, to remain available until September 30, 2008.

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

For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $4,000,000, to remain available until
September 30, 2008: Provided, That of the funds appropriated
under this heading, not less than $3,000,000 shall be made
available for activities related to oversight of assistance
furnished for Iraq with funds appropriated in this Act and in
prior appropriations Acts, and not less than $1,000,000 shall
be made available for activities related to oversight of
assistance furnished for Afghanistan with funds appropriated
in this Act and in prior appropriations Acts.

OTHER BILATERAL ECONOMIC ASSISTANCE

Economic Support Fund

For an additional amount for ``Economic Support Fund'',
$2,602,200,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading
that are available for assistance for Iraq, not less than
$100,000,000 shall be made available to the United States
Agency for International Development for continued support
for its Community Action Program in Iraq, of which not less
than $5,000,000 shall be made available for the fund
established by section 2108 of Public Law 109-13: Provided
further, That of the funds appropriated under this heading
that are available for assistance for Afghanistan, not less
than $10,000,000 shall be made available to the United States
Agency for International Development for continued support
for its Afghan Civilian Assistance Program: Provided further,
That of the funds appropriated under this heading, not less
than $6,000,000 shall be made available for assistance for
elections, reintegration of ex-combatants, and other
assistance to support the peace process in Nepal: Provided
further, That of the funds appropriated under this heading,
not less than $3,200,000 shall be made available,
notwithstanding any other provision of law, for assistance
for Vietnam for environmental remediation of dioxin storage
sites and to support health programs in communities near
those sites: Provided further, That funds made available
pursuant to the previous proviso should be matched, to the
maximum extent possible, with contributions from other
governments, multilateral organizations, and private sources:
Provided further, That of the funds made available under this
heading, not less than $6,000,000 shall be made available for
typhoon reconstruction assistance for the Philippines:
Provided further, That of the funds made available under this
heading, not less than $110,000,000 shall be made available
for assistance for Pakistan, of which not less than
$5,000,000 shall be made available for political party
development and election monitoring activities: Provided
further, That of the funds appropriated under this heading,
not less than $2,000,000 shall be made available to support
the peace process in northern Uganda: Provided further, That
of the funds made available under the heading ``Economic
Support Fund'' in Public Law 109-234 for Iraq to promote
democracy, rule of law and reconciliation, $2,000,000 should
be made available for the United States Institute of Peace
for programs and activities in Afghanistan to remain
available until September 30, 2008.

DEPARTMENT OF STATE

Assistance for Eastern Europe and the Baltic States

For an additional amount for ``Assistance for Eastern
Europe and the Baltic States'', $214,000,000, to remain
available until September 30, 2008, for assistance for
Kosovo.

Democracy Fund

For an additional amount for ``Democracy Fund'',
$465,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
not less than $385,000,000 shall be made available for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights and Labor, Department of State, for democracy,
human rights, and rule of law programs in Iraq: Provided
further, That prior to the initial obligation of funds made
available under this heading for Iraq for the Political
Participation Fund or the National Institutions Fund, the
Secretary of State shall submit a report to the Committees on
Appropriations describing a comprehensive, long-term
strategy, with goals and expected results, for strengthening
and advancing democracy in Iraq: Provided further, That of
the funds appropriated under this heading, not less than
$5,000,000 shall be made available for media and
reconciliation programs in Somalia.

International Narcotics Control and Law Enforcement

(including rescission of funds)

For an additional amount for ``International Narcotics
Control and Law Enforcement'', $210,000,000, to remain
available until September 30, 2008.
Of the amounts made available for procurement of a maritime
patrol aircraft for the Colombian Navy under this heading in
Public Law 109-234, $13,000,000 are rescinded.

Migration and Refugee Assistance

For an additional amount for ``Migration and Refugee
Assistance'', $143,000,000, to remain available until
September 30, 2008: Provided, That of the funds appropriated
under this heading, not less than $65,000,000 shall be made
available for assistance for Iraqi refugees including not
less than $5,000,000 to rescue Iraqi scholars, and not less
than $18,000,000 shall be made available for assistance for
Afghan refugees.

United States Emergency Refugee and Migration Assistance Fund

For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $55,000,000, to
remain available until expended.

Nonproliferation, Anti-terrorism, Demining and Related Programs

For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $27,500,000, to
remain available until September 30, 2008.

DEPARTMENT OF THE TREASURY

International Affairs Technical Assistance Program

For an additional amount for ``International Affairs
Technical Assistance'', $2,750,000, to remain available until
September 30, 2008.

[[Page S3765]]

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

Foreign Military Financing Program

For an additional amount for ``Foreign Military Financing
Program'', $220,000,000, to remain available until September
30, 2008, for assistance for Lebanon.

Peacekeeping Operations

(including transfer of funds)

For an additional amount for ``Peacekeeping Operations'',
$323,000,000, to remain available until September 30, 2008,
of which up to $128,000,000 may be transferred, subject to
the regular notification procedures of the Committees on
Appropriations, to ``Contributions to International
Peacekeeping Activities'', to be made available,
notwithstanding any other provision of law, for assessed
costs of United Nations Peacekeeping Missions: Provided, That
of the funds appropriated under this heading, not less than
$45,000,000 shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961, for assistance for
Liberia for security sector reform.

GENERAL PROVISIONS--THIS CHAPTER

authorization of funds

Sec. 1701. Funds appropriated by this title may be
obligated and expended notwithstanding section 10 of Public
Law 91-672 (22 U.S.C. 2412), section 15 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).

extension of availability of funds

Sec. 1702. Section 1302(a) of Public Law 109-234 is amended
by striking ``one additional year'' and inserting in lieu
thereof ``two additional years''.

EXTENSION OF OVERSIGHT AUTHORITY

Sec. 1703. Section 3001(o)(1)(B) of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of
Public Law 95-452), as amended by section 1054(b) of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2397) and section 2 of
the Iraq Reconstruction Accountability Act of 2006 (Public
Law 109-440), is amended by inserting ``or fiscal year 2007''
after ``fiscal year 2006''.

DEBT RESTRUCTURING

Sec. 1704. 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.

JORDAN

(Including Transfer of Funds)

Sec. 1705. Of the funds appropriated by this Act for
assistance for Iraq under the heading ``Economic Support
Fund'' that are available to support Provincial
Reconstruction Team activities, up to $100,000,000 may be
transferred to, and merged with, funds appropriated by this
Act under the headings ``Foreign Military Financing Program''
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' for assistance for Jordan: Provided, That funds
transferred pursuant to this section shall be subject to the
regular notification procedures of the Committees on
Appropriations.

LEBANON

Sec. 1706. Prior to the initial obligation of funds made
available in this Act for assistance for Lebanon under the
headings ``Foreign Military Financing Program'' and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', the Secretary of State shall certify to the
Committees on Appropriations that all practicable efforts
have been made to ensure that such assistance is not provided
to or through any individual, or private or government
entity, that advocates, plans, sponsors, engages in, or has
engaged in, terrorist activity: Provided, That this section
shall be effective notwithstanding section 534(a) of Public
Law 109-102, which is made applicable to funds appropriated
for fiscal year 2007 by the Continuing Appropriations
Resolution, 2007, as amended.

HUMAN RIGHTS AND DEMOCRACY FUND

Sec. 1707. The Assistant Secretary of State for Democracy,
Human Rights and Labor shall be responsible for all policy,
funding, and programming decisions regarding funds made
available under this Act and prior Acts making appropriations
for foreign operations, export financing and related programs
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights and Labor.

INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN

Sec. 1708. (a) In General.--Subject to paragraph (2), the
Inspector General of the Department of State and the
Broadcasting Board of Governors (referred to in this section
as the ``Inspector General'') may use personal services
contracts to engage citizens of the United States to
facilitate and support the Office of the Inspector General's
oversight of programs and operations related to Iraq and
Afghanistan. Individuals engaged by contract to perform such
services shall not, by virtue of such contract, be considered
to be employees of the United States Government for purposes
of any law administered by the Office of Personnel
Management. The Secretary of State may determine the
applicability to such individuals of any law administered by
the Secretary concerning the performance of such services by
such individuals.
(b) Conditions.--The authority under paragraph (1) is
subject to the following conditions:
(1) The Inspector General determines that existing
personnel resources are insufficient.
(2) The contract length for a personal services contractor,
including options, may not exceed 1 year, unless the
Inspector General makes a finding that exceptional
circumstances justify an extension of up to 2 additional
years.
(3) Not more than 20 individuals may be employed at any
time as personal services contractors under the program.
(c) Termination of Authority.--The authority to award
personal services contracts under this section shall
terminate on December 31, 2008. A contract entered into prior
to the termination date under this paragraph may remain in
effect until not later than December 31, 2009.
(d) Other Authorities Not Affected.--The authority under
this section is in addition to any other authority of the
Inspector General to hire personal services contractors.

FUNDING TABLES

Sec. 1709. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries
in the amounts contained in the respective tables included in
the report accompanying this Act:
``Diplomatic and Consular Programs''.
``Educational and Cultural Exchange Programs''.
``International Disaster and Famine Assistance''.
``Economic Support Fund''.
``Assistance for Eastern Europe and Baltic States''.
``Democracy Fund''.
``Migration and Refugee Assistance''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Peacekeeping Operations''.
(b) Any proposed increases or decreases to the amounts
contained in the tables in the accompanying report shall be
subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.

BENCHMARKS FOR CERTAIN RECONSTRUCTION ASSISTANCE FOR IRAQ

Sec. 1710. (a) Benchmarks.--Notwithstanding any other
provision of law, fifty percent of the funds appropriated by
this Act for assistance for Iraq under the headings
``Economic Support Fund'' and ``International Narcotics and
Law Enforcement'' shall be withheld from obligation until the
President certifies to the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on
Appropriations and Foreign Affairs of the House of
Representatives that the Government of Iraq has--
(1) enacted a broadly accepted hydro-carbon law that
equitably shares oil revenues among all Iraqis;
(2) 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;
(3) reformed current laws governing the de-Baathification
process to allow for more equitable treatment of individuals
affected by such laws;
(4) amended the Constitution of Iraq consistent with the
principles contained in Article 137 of such constitution; and
(5) allocated and begun expenditure of $10,000,000,000 in
Iraqi revenues for reconstruction projects, including
delivery of essential services, on an equitable basis.
(b) Exemptions.--The requirement to withhold funds from
obligation pursuant to subsection (a) shall not apply with
respect to funds made available under the heading ``Economic
Support Fund'' that are administered by the United States
Agency for International Development for continued support
for the Community Action Program, assistance for civilian
victims of the military operations, and the Community
Stabilization Program in Iraq, or for programs and activities
to promote democracy, governance, human rights, and rule of
law.
(c) Report.--At the time the President certifies to the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives that the Government
of Iraq has met the benchmarks described in subsection (a),
the President shall submit to such Committees a report that
contains a detailed description of the specific actions that
the Government of Iraq has taken to meet each of the
benchmarks referenced in the certification.

RELIEF FOR IRAQI, HMONG AND OTHER REFUGEES WHO DO NOT POSE A THREAT TO
THE UNITED STATES

Sec. 1711. (a) Amendment to Authority to Determine the Bar
to Admission Inapplicable.--Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i))
is amended to read as follows: ``The Secretary of State,
after consultation with the Attorney General and the
Secretary of Homeland Security, or the Secretary of Homeland
Security, after consultation with the Secretary of State and
the Attorney

[[Page S3766]]

General, may determine in such Secretary's sole unreviewable
discretion that subsection (a)(3)(B) shall not apply with
respect to an alien within the scope of that subsection, or
that subsection (a)(3)(B)(vi)(III) shall not apply to a
group. Such a determination shall neither prejudice the
ability of the United States Government to commence criminal
or civil proceedings involving a beneficiary of such a
determination or any other person, nor create any substantive
or procedural right or benefit for a beneficiary of such a
determination or any other person. Notwithstanding any other
provision of law (statutory or non-statutory), including but
not limited to section 2241 of title 28, or any other habeas
corpus provision, and sections 1361 and 1651 of such title,
no court shall have jurisdiction to review such a
determination or revocation except in a proceeding for review
of a final order of removal pursuant to section 242 and only
to the extent provided in section 242(a)(2)(D). The Secretary
of State may not exercise the discretion provided in this
clause with respect to an alien at any time during which the
alien is the subject of pending removal proceedings under
section 1229a of title 8.''.
(b) Automatic Relief for the Hmong and Other Groups That do
Not Pose a Threat to the United States.--Section 212(a)(3)(B)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)) is amended--
(1) in clause (vi) in the matter preceding section (I), by
striking ``As'' and inserting ``Except as provided in clause
(vii), as''; and
(2) by adding at the end the following new clause:
``(vii) Notwithstanding clause (vi), for purposes of this
section the Hmong, the Montagnards, the Karen National Union/
Karen Liberation Army (KNU/KNLA), the Chin National Front/
Chin National Army (CNF/CNA), the Chin National League for
Democracy (CNLD), the Kayan New Land Party (KNLP), the Arakan
Liberation Party (ALP), the Mustangs, the Alzados, and the
Karenni National Progressive Party shall not be considered to
be a terrorist organization on the basis of any act or event
occurring before the date of enactment of this section.
Nothing in this subsection may be construed to alter or limit
the authority of the Secretary of State and Secretary of
Homeland Security to exercise their discretionary authority
pursuant to 212(d)(3)(B)(i) (8 U.S.C. 1182(d)(3)(B)(i)).''.
(c) Duress Exception.--Section 212(a)(3)(B)(iv)(VI) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(iv)(VI)) is amended by adding ``other than an
act carried out under duress'' after ``act'' and before
``that the actor knows''.
(d) Technical Correction.--Section 212(a)(3)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii))
is amended by striking ``Subclause (VII)'' and inserting
``Subclause (IX)''.
(e) Regulations.--Section 212(d)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(3)(B)) is amended by
adding the following subsection:
``(iii) Not later than 180 days after the date of enactment
of this Act, the Secretary of the Department of Homeland
Security and Secretary of State shall each publish in the
Federal Register regulations establishing the process by
which the eligibility of a refugee, asylum seeker, or
individual seeking to adjust his immigration status is
considered eligible for any of the exceptions authorized by
clause (i), including a timeline for issuing a
determination.''.
(f) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this section,
and these amendments and sections 212(a)(3)(B) and
212(d)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B) and 1182(d)(3)(B)), as amended by these
sections, shall apply to--
(1) removal proceedings instituted before, on, or after the
date of enactment of this section; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.

SPENDING PLAN AND NOTIFICATION PROCEDURES

Sec. 1712. Not later than 45 days after enactment of this
Act the Secretary of State shall submit to the Committees on
Appropriations a report detailing planned expenditures for
funds appropriated under the headings in this chapter, except
for funds appropriated under the headings ``International
Disaster and Famine Assistance'', ``Office of the United
States Agency for International Development Inspector
General'', and ``Office of the Inspector General'': Provided,
That funds appropriated under the headings in this chapter,
except for funds appropriated under the headings named in
this section, shall be subject to the regular notification
procedures of the Committees on Appropriations.

TITLE II

KATRINA RECOVERY, VETERANS' CARE AND FOR OTHER PURPOSES

CHAPTER 1

GENERAL PROVISION--THIS CHAPTER

emergency forestry conservation reserve program

Sec. 2101. Section 1231(k)(2) of the Food Security Act of
1985 (16 U.S.C. 3831(k)(2)) is amended by striking ``During
calendar year 2006, the'' and inserting ``The''.

CHAPTER 2

DEPARTMENT OF JUSTICE

Office of Justice Programs

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for ``State and Local Law
Enforcement Assistance'', for discretionary grants authorized
by subpart 2 of part E, of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, notwithstanding the
provisions of section 511 of said Act, $170,000,000, to
remain available until September 30, 2008: Provided, That of
the amount made available under this heading, $70,000,000
shall be for local law enforcement initiatives in the gulf
coast region related to the aftermath of Hurricanes Katrina
and Rita, of which no less than $55,000,000 shall be for the
State of Louisiana: Provided further, That of the amount made
available under this heading, $100,000,000 shall be for
reimbursing State and local law enforcement entities for
security and related costs, including overtime, associated
with the 2008 Presidential Candidate Nominating Conventions,
of which $50,000,000 shall be for the city of Denver,
Colorado and $50,000,000 shall be for the city of St. Paul,
Minnesota: Provided further, That the Department of Justice
shall report to the Committees on Appropriations of the House
and the Senate on a quarterly basis on the expenditure of the
funds provided in the previous proviso.

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ``Operations, Research, and
Facilities'', for necessary expenses related to fisheries
disasters, $165,900,000, to remain available until September
30, 2008: Provided, That of the amount provided under this
heading, the National Marine Fisheries Service shall cause
$60,400,000 to be distributed among eligible recipients of
assistance for the commercial fishery failure designated
under section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(a)) and
declared by the Secretary of Commerce on August 10, 2006:
Provided further, That of the amount provided under this
heading, $105,500,000 shall be for necessary expenses related
to the consequences of Hurricanes Katrina and Rita on shrimp
and fishing industries.

PROCUREMENT, ACQUISITION, AND CONSTRUCTION

For an additional amount for ``Procurement, Acquisition and
Construction'', for necessary expenses related to disaster
response and preparedness of the Gulf of Mexico coast,
$6,000,000, to remain available until September 30, 2008.

fisheries disaster mitigation fund

For an additional amount for a ``Fisheries Disaster
Mitigation Fund'', $50,000,000, to remain available until
expended for use in mitigating the effects of commercial
fisheries failures and fishery resource disasters as
determined under the Magnuson Stevens Act (16 U.S.C. 1801 et
seq.) or the Interjurisdictional Fisheries Act (16 U.S.C.
4101 et seq.): Provided, That the Secretary of Commerce shall
obligate funds provided under this heading according to the
Magnuson Stevens Conservation Act, as amended, the
Interjurisdictional Fisheries Act, as amended, or other Acts
as the Secretary determines to be appropriate.

GENERAL PROVISION--THIS CHAPTER

Sec. 2201. Up to $48,000,000 of amounts made available to
the National Aeronautics and Space Administration in Public
Law 109-148 and Public Law 109-234 for emergency hurricane
and other natural disaster-related expenses may be used to
reimburse hurricane-related costs incurred by NASA in fiscal
year 2005.

CHAPTER 3

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

CONSTRUCTION

For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $150,000,000, to remain
available until expended, which may be used to continue
construction of projects related to interior drainage for the
greater New Orleans metropolitan area.

operation and maintenance

For an additional amount for ``Operation and Maintenance''
to dredge navigation channels related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$3,000,000, to remain available until expended.

Flood Control and Coastal Emergencies

For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses
relating to the consequences of Hurricanes Katrina and Rita
and for other purposes, $1,557,700,000, to remain available
until expended: Provided, That $1,300,000,000 of the amount
provided may be used by the Secretary of the Army to carry
out projects and measures to provide the level of protection
necessary to achieve the certification required for the 100-
year level of flood protection in accordance with the
national flood insurance program under the base flood
elevations in existence at the time of construction of the
enhancements for the West Bank

[[Page S3767]]

and Vicinity and Lake Ponchartrain and Vicinity, Louisiana,
projects, as described under the heading ``Flood Control and
Coastal Emergencies'', in chapter 3 of Public Law 109-148:
Provided further, That $150,000,000 of the amount provided
may be used to support emergency operations, repairs and
other activities in response to flood, drought and earthquake
emergencies as authorized by law: Provided further, That
$107,700,000 of the amount provided may be used to implement
the projects for hurricane storm damage reduction, flood
damage reduction, and ecosystem restoration within Hancock,
Harrison, and Jackson Counties, Mississippi substantially in
accordance with the Report of the Chief of Engineers dated
December 31, 2006, and entitled ``Mississippi, Coastal
Improvements Program Interim Report, Hancock, Harrison, and
Jackson Counties, Mississippi'': Provided further, That
projects authorized for implementation under this Chief's
report shall be carried out at full Federal expense, except
that the non-Federal interests shall be responsible for
providing any lands, easements, rights-of-way, disposal
areas, and relocations required for construction of the
project and for all costs associated with operation and
maintenance of the project: Provided further, That any
project using funds appropriated under this heading shall be
initiated only after non-Federal interests have entered into
binding agreements with the Secretary requiring the non-
Federal interests to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation costs of
the project and to hold and save the United States free from
damages due to the construction or operation and maintenance
of the project, except for damages due to the fault or
negligence of the United States or its contractors.

DEPARTMENT OF INTERIOR

Bureau of Reclamation

WATER AND RELATED RESOURCES

For an additional amount for ``Water and Related
Resources'', $18,000,000, to remain available until expended
for drought assistance: Provided, That drought assistance may
be provided under the Reclamation States Drought Emergency
Act or other applicable Reclamation authorities to assist
drought plagued areas of the West.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 2301. The Secretary is authorized and directed to
reimburse local governments for expenses they have incurred
in storm-proofing pumping stations, constructing safe houses
for operators, and other interim flood control measures in
and around the New Orleans metropolitan area, provided the
Secretary determines those elements of work and related
expenses to be integral to the overall plan to ensure
operability of the stations during hurricanes, storms and
high water events and the flood control plan for the area.
Sec. 2302. The limitation concerning total project costs in
section 902 of the Water Resources Development Act of 1986,
as amended (33 U.S.C. 2280), shall not apply during fiscal
year 2008 to any water resources project for which funds were
made available during fiscal year 2007.
Sec. 2303. (a) The Secretary of the Army is authorized and
directed to utilize funds remaining available for obligation
from the amounts appropriated in chapter 3 of Public Law 109-
234 under the heading ``Flood Control and Coastal
Emergencies'' for projects in the greater New Orleans
metropolitan area to prosecute these projects in a manner
which promotes the goal of continuing work at an optimal
pace, while maximizing, to the greatest extent practicable,
levels of protection to reduce the risk of storm damage to
people and property.
(b) The expenditure of funds as provided in subsection (a)
may be made without regard to individual amounts or purposes
specified in chapter 3 of Public Law 109-234.
(c) Any reallocation of funds that are necessary to
accomplish the goal established in subsection (a) are
authorized. Reallocation of funds in excess of $250,000,000
or 50 percent, whichever is less, of the individual amounts
specified in chapter 3 of Public Law 109-234 require
notifications of the House and Senate Committees on
Appropriation.

CHAPTER 4

SMALL BUSINESS ADMINISTRATION

Disaster Loans Program Account

(including transfer of funds)

For an additional amount for ``Disaster Loans Program
Account'' for administrative expenses to carry out the
disaster loan program, $25,069,000, to remain available until
expended, which may be transferred to and merged with ``Small
Business Administration, Salaries and Expenses''.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 2401. Economic Injury Disaster Loans. (a)
Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``covered small business concern'' means a
small business concern--
(A) that is located in any area in Louisiana or Mississippi
for which the President declared a major disaster because of
Hurricane Katrina of 2005 or Hurricane Rita of 2005;
(B) that has not more than 50 full-time employees; and
(C) that--
(i)(I) suffered a substantial economic injury as a result
of Hurricane Katrina of 2005 or Hurricane Rita of 2005,
because of a reduction in travel or tourism to the area
described in subparagraph (A); and
(II) demonstrates that, during the 1-year period ending on
August 28, 2005, not less than 45 percent of the revenue of
that small business concern resulted from tourism or travel
related sales; or
(ii)(I) suffered a substantial economic injury as a result
of Hurricane Katrina of 2005 or Hurricane Rita of 2005; and
(II) operates in a parish or county for which the
population on the date of enactment of this Act, as
determined by the Administrator, is not greater than 75
percent of the population of that parish or county before
August 28, 2005, based on the most recent United States
population estimate available before August 28, 2005;
(3) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122); and
(4) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 632).
(b) Appropriation.--
(1) In general.--There are appropriated, out of any money
in the Treasury not otherwise appropriated, $25,000,000 to
the Administrator, which, except as provided in paragraph (2)
or (3), shall be used for loans under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)) to covered small
business concerns.
(2) Administrative expenses.--Of the amounts made available
under paragraph (1), not more than $8,750,000 may be
transferred to and merged with ``Salaries and Expenses'' to
carry out the disaster loan program of the Small Business
Administration.
(3) Other uses of funds.--The Administrator may use amounts
made available under paragraph (1) for other purposes
authorized for amounts in the ``Disaster Loans Program
Account'' or transfer such amounts to and merge such amounts
with ``Salaries and Expenses'', if--
(A) such amounts are--
(i) not obligated on the later of 5 months after the date
of enactment of this Act and August 29, 2007; or
(ii) necessary to provide assistance in the event of a
major disaster; and
(B) not later than 5 days before any such use or transfer
of amounts, the Administrator provides written notification
of such use or transfer to the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House
of Representatives.
Sec. 2402. Other Programs. (a) HUBZones.--Section 3(p) of
the Small Business Act (15 U.S.C. 632(p)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``or'';
(B) in subparagraph (E), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(F) an area in which the President has declared a major
disaster (as that term is defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122)) as a result of Hurricane Katrina of
August 2005 or Hurricane Rita of September 2005, during the
time period described in paragraph (8).''; and
(2) by adding at the end the following:
``(8) Time period.--The time period for the purposes of
paragraph (1)(F)--
``(A) shall be the 2-year period beginning on the later of
the date of enactment of this paragraph and August 29, 2007;
and
``(B) may, at the discretion of the Administrator, be
extended to be the 3-year period beginning on the later of
the date of enactment of this paragraph and August 29,
2007.''.
(b) Relief From Test Program.--Section 711(d) of the Small
Business Competitive Demonstration Program Act of 1988 (15
U.S.C. 644 note) is amended--
(1) by striking ``The Program'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
Program''; and
(2) by adding at the end the following:
``(2) Exception.--
``(A) In general.--The Program shall not apply to any
contract related to relief or reconstruction from Hurricane
Katrina of 2005 or Hurricane Rita of 2005 during the time
period described in subparagraph (B).
``(B) Time period.--The time period for the purposes of
subparagraph (A)--
``(i) shall be the 2-year period beginning on the later of
the date of enactment of this paragraph and August 29, 2007;
and
``(ii) may, at the discretion of the Administrator, be
extended to be the 3-year period beginning on the later of
the date of enactment of this paragraph and August 29,
2007.''.

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Disaster Relief

For an additional amount for ``Disaster Relief'' for
necessary expenses under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$4,310,000,000, to remain available until expended.

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, Alabama, and Texas
in connection with Hurricanes Katrina 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

[[Page S3768]]

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 applied for before the date of enactment of this
Act.
(2) Limitation.--In the case of disaster assistance
provided under sections 403, 406, and 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, the
Federal share provided by subsection (a) shall be limited to
assistance provided for projects for which applications have
been prepared for the Federal Emergency Management Agency
before the date of enactment of this Act.
Sec. 2502. (a) Section 2(a) of the Community Disaster Loan
Act of 2005 (Public Law 109-88; 119 Stat. 2061) is amended by
striking ``: Provided further, That notwithstanding section
417(c)(1) of the Stafford Act, such loans may not be
canceled''.
(b) Chapter 4 of title II of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 471)
is amended under the heading ``Disaster Assistance Direct
Loan Program Account'' under the heading ``Federal Emergency
Management Agency'' under the heading ``Department of
Homeland Security'', by striking ``Provided further, That
notwithstanding section 417(c)(1) of such Act, such loans may
not be canceled:''.
Sec. 2503. Section 2401 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 460)
is amended by striking ``12 months'' and inserting ``24
months''.

CHAPTER 6

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

Wildland Fire Management

(Including Transfer of Funds)

For an additional amount for ``Wildland Fire Management'',
$100,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such
funds shall only become available if funds previously
provided for wildland fire suppression will be exhausted
imminently and the Secretary of the Interior notifies the
House and Senate Committees on Appropriations in writing of
the need for these additional funds: Provided further, That
such funds are also available for repayment to other
appropriations accounts from which funds were transferred for
wildfire suppression.

United States Fish and Wildlife Service

Resource Management

For an additional amount for ``Resource Management'' for
the detection of highly pathogenic avian influenza in wild
birds, including the investigation of morbidity and mortality
events, targeted surveillance in live wild birds, and
targeted surveillance in hunter-taken birds, $7,398,000, to
remain available until September 30, 2008.

National Park Service

Operation of the National Park System

For an additional amount for ``Operation of the National
Park System'' for the detection of highly pathogenic avian
influenza in wild birds, including the investigation of
morbidity and mortality events, $525,000, to remain available
until September 30, 2008.

Historic Preservation Fund

For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$15,000,000, to remain available until September 30, 2008:
Provided, That the funds provided under this heading shall be
provided to the State Historic Preservation Officer, after
consultation with the National Park Service, for grants for
disaster relief in areas of Louisiana impacted by Hurricanes
Katrina or Rita: Provided further, That grants shall be for
the preservation, stabilization, rehabilitation, and repair
of historic properties listed in or eligible for the National
Register of Historic Places, for planning and technical
assistance: Provided further, That grants shall only be
available for areas that the President determines to be a
major disaster under section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) due to Hurricanes Katrina or Rita: Provided further,
That individual grants shall not be subject to a non-Federal
matching requirement: Provided further, That no more than 5
percent of funds provided under this heading for disaster
relief grants may be used for administrative expenses.

United States Geological Survey

Surveys, Investigations, and Research

For an additional amount for ``Surveys, Investigations, and
Research'' for the detection of highly pathogenic avian
influenza in wild birds, including the investigation of
morbidity and mortality events, targeted surveillance in live
wild birds, and targeted surveillance in hunter-taken birds,
$5,270,000, to remain available until September 30, 2008.

DEPARTMENT OF AGRICULTURE

Forest Service

National Forest System

For an additional amount for ``National Forest System'' for
the implementation of a nationwide initiative to increase
protection of national forest lands from foreign drug-
trafficking organizations, including funding for additional
law enforcement personnel, training, equipment and
cooperative agreements, $12,000,000, to remain available
until expended.

Wildland Fire Management

(Including Transfer of Funds)

For an additional amount for ``Wildland Fire Management'',
$400,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such
funds shall only become available if funds provided
previously for wildland fire suppression will be exhausted
imminently and the Secretary of Agriculture notifies the
House and Senate Committees on Appropriations in writing of
the need for these additional funds: Provided further, That
such funds are also available for repayment to other
appropriation accounts from which funds were transferred for
wildfire suppression.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 2601. (a) For fiscal year 2007, payments shall be made
from any revenues, fees, penalties, or miscellaneous receipts
described in sections 102(b)(3) and 103(b)(2) of the Secure
Rural Schools and Community Self-Determination Act of 2000
(Public Law 106-393; 16 U.S.C. 500 note), not to exceed
$100,000,000, and the payments shall be made, to the maximum
extent practicable, in the same amounts, for the same
purposes, and in the same manner as were made to States and
counties in 2006 under that Act.
(b) There is appropriated $425,000,000 to be used to cover
any shortfall for payments made under this section.
(c) Titles II and III of Public Law 106-393 are amended,
effective September 30, 2006, by striking ``2006'' and
``2007'' each place they appear and inserting ``2007'' and
``2008'', respectively.
Sec. 2602. Disaster relief funds from Public Law 109-234,
120 Stat. 418, 461, (June 30, 2006), chapter 5, ``National
Park Service--Historic Preservation Fund,'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, may be used to
reconstruct destroyed properties that at the time of
destruction were listed in the National Register of Historic
Places and are otherwise qualified to receive these funds:
Provided, That the State Historic Preservation Officer
certifies that, for the community where that destroyed
property was located, that the property is iconic to or
essential to illustrating that community's historic identity,
that no other property in that community with the same
associative historic value has survived, and that sufficient
historical documentation exists to ensure an accurate
reproduction.

CHAPTER 7

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

DISEASE CONTROL, RESEARCH AND TRAINING

For an additional amount for ``Department of Health and
Human Services, Centers for Disease Control and Prevention,
Disease Control, Research and Training'', to carry out
section 501 of the Federal Mine Safety and Health Act of 1977
and section 6 of the Mine Improvement and New Emergency
Response Act of 2006, $13,000,000 for research to develop
mine safety technology, including necessary repairs and
improvements to leased laboratories: Provided, That progress
reports on technology development shall be submitted to the
House and Senate Committees on Appropriations and the
Committee on Health, Education, Labor and Pensions of the
Senate and the Committee on Education and Labor of the House
of Representatives on a quarterly basis: Provided further,
That the amount provided under this heading shall remain
available until September 30, 2008.

Administration for Children and Families

LOW-INCOME HOME ENERGY ASSISTANCE

For an additional amount for ``Low-Income Home Energy
Assistance'' under section 2604(a) through (d) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)
through (d)), $320,000,000.
For an additional amount for ``Low-Income Home Energy
Assistance'' under section 2604(e) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623(e)),
$320,000,000.

Office of the Secretary

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Public Health and Social
Services Emergency Fund'' to prepare for and respond to an
influenza pandemic, $820,000,000, to remain available until
expended: Provided, That this amount shall be for activities
including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and
other surveillance tools: Provided further, That products
purchased with these funds may, at the discretion of the
Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile: Provided further, That
notwithstanding section 496(b) of the Public Health Service
Act, funds may be used for the construction or renovation of
privately owned facilities for the production of pandemic
vaccine and other biologicals, where the Secretary finds such
a contract necessary to secure sufficient supplies of such
vaccines or biologicals: Provided further, That funds
appropriated herein may be transferred to other appropriation
accounts of the Department of Health and Human Services, as
determined by the Secretary to be appropriate,

[[Page S3769]]

to be used for the purposes specified in this sentence.

COVERED COUNTERMEASURE PROCESS FUND

For carrying out section 319F-4 of the Public Health
Service Act (42 U.S.C. 247d-6e) to compensate individuals for
injuries caused by H5N1 vaccine, in accordance with the
declaration regarding avian influenza viruses issued by the
Secretary of Health and Human Services on January 26, 2007,
pursuant to section 319F-3(b) of such Act (42 U.S.C. 247d-
6d(b)), $50,000,000, to remain available until expended.

DEPARTMENT OF EDUCATION

Higher Education

For an additional amount under part B of title VII of the
Higher Education Act of 1965 (``HEA'') for institutions of
higher education (as defined in section 102 of that Act) that
are located in an area in which a major disaster was declared
in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act related to
hurricanes in the Gulf of Mexico in calendar year 2005,
$30,000,000: Provided, That such funds shall be available to
the Secretary of Education only for payments to help defray
the expenses (which may include lost revenue, reimbursement
for expenses already incurred, and construction) incurred by
such institutions of higher education that were forced to
close, relocate or significantly curtail their activities as
a result of damage directly caused by such hurricanes and for
payments to enable such institutions to provide grants to
students who attend such institutions for academic years
beginning on or after July 1, 2006: Provided further, That
such payments shall be made in accordance with criteria
established by the Secretary and made publicly available
without regard to section 437 of the General Education
Provisions Act, section 553 of title 5, United States Code,
or part B of title VII of the HEA.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 2701. Section 105(b) of title IV of division B of
Public Law 109-148 is amended by adding at the end the
following new sentence: ``With respect to the program
authorized by section 102 of this Act, the waiver authority
in subsection (a) of this section shall be available until
the end of fiscal year 2008.''

(including rescission)

Sec. 2702. (a) From unexpended balances of the amounts made
available in the 2001 Emergency Supplemental Appropriations
Act for Recovery from and Response to Terrorist Attacks on
the United States (Public Law 107-38) for the Employment
Training Administration, Training and Employment Services
under the Department of Labor, $3,589,000 are rescinded.
(b) For an additional amount for the Centers for Disease
Control and Prevention for carrying out activities under
section 5011(b) of the Emergency Supplemental Appropriations
Act to Address Hurricanes in the Gulf of Mexico and Pandemic
Influenza, 2006 (Public Law 109-148), $3,589,000.
Sec. 2703. Notwithstanding section 2002(c) of the Social
Security Act (42 U.S.C. 1397a(c)), funds made available under
the heading ``Social Services Block Grant'' in division B of
Public Law 109-148 shall be available for expenditure by the
States through the end of fiscal year 2008.
Sec. 2704. 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.--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).
``(C) Appropriation; allotment authority.--For the purpose
of providing additional allotments to remaining shortfall
States under this paragraph there is appropriated, out of any
funds in the Treasury not otherwise appropriated, such sums
as are necessary for fiscal year 2007.''.
(b) Conforming Amendments.--Section 2104(h) of such Act (42
U.S.C. 1397dd(h)) (as so added), is amended--
(1) in paragraph (1)(B), by striking ``subject to paragraph
(4)(B) and'';
(2) in paragraph (2)(B), by striking ``subject to paragraph
(4)(B) and'';
(3) in paragraph (5)(A), by striking ``and (3)'' and
inserting ``(3), and (4)''; and
(4) in paragraph (6)--
(A) in the first sentence_
(i) by inserting ``or allotted'' after ``redistributed'';
and
(ii) by inserting ``or allotments'' after
``redistributions''; and
(B) by striking ``and (3)'' and inserting ``(3), and (4)''.
(c) General Effective Date; Applicability.--Except as
otherwise provided, the amendments made by this section take
effect on the date of enactment of this Act and apply without
fiscal year limitation.
Sec. 2705. Notwithstanding any other provision of law, the
Secretary of Health and Human Services shall not, prior to
the date that is 2 years after the date of enactment of this
Act, take any action to finalize, or otherwise implement
provisions--
(1) contained in the proposed rule published on January 18,
2007, on pages 2236 through 2258 of volume 72, Federal
Register (relating to parts 433, 447, and 457 of title 42,
Code of Federal Regulations) or any other rule that would
affect the Medicaid program established under title XIX of
the Social Security Act or the State Children's Health
Insurance Program established under title XXI of such Act in
a similar manner; or
(2) restricting payments for graduate medical education
under the Medicaid program.
(b) Increase in Basic Rebate for Single Source Drugs and
Innovator Multiple Source Drugs.--Section 1927(c)(1)(B)(i) of
the Social Security Act (42 U.S.C. 1396r-8(c)(1)(B)(i)) is
amended--
(1) in subclause (IV), by striking ``and'' after the
semicolon;
(2) in subclause (V)--
(A) by inserting ``and before April 1, 2007,'' after
``1995,''; and
(B) by striking the period and inserting ``; and''; and
(3) by adding at the end the following:

``(VI) after March 31, 2007, is 20 percent.''.

Sec. 2706. (a) For grant years beginning in 2006-2007, the
Secretary of Health and Human Services may waive the
requirements of, with respect to Louisiana, Mississippi,
Alabama, and Texas and any eligible metropolitan area in
Louisiana, Mississippi, Alabama, and Texas, the following
sections of the Public Health Service Act:
(1) Section 2612(e)(1) of such Act (42 U.S.C. 300ff-
21(b)(1)).
(2) Section 2617(b)(7)(E) of such Act (42 U.S.C. 300ff-
27(b)(7)(E)).
(3) Section 2617(d) of such Act (42 U.S.C. 300ff-27(d)),
except that such waiver shall apply so that the matching
requirement is reduced to $1 for each $4 of Federal funds
provided under the grant involved.
(b) If the Secretary of Health and Human Services grants a
waiver under subsection (b), the Secretary--
(1) may not prevent Louisiana, Mississippi, Alabama, and
Texas or any eligible metropolitan area in Louisiana,
Mississippi, Alabama, and Texas from receiving or utilizing,
or both, funds granted or distributed, or both, pursuant to
title XXVI of the Public Health Service Act (42 U.S.C. 300ff-
11 et seq.) because of the failure of Louisiana, Mississippi,
Alabama, and Texas or any eligible metropolitan area in
Louisiana, Mississippi, Alabama, and Texas to comply with the
requirements of the sections listed in paragraphs (1) through
(3) of subsection (a);
(2) may not take action due to such noncompliance; and
(3) shall assess, evaluate, and review Louisiana,
Mississippi, Alabama, and Texas or any eligible metropolitan
area's eligibility for funds under such title XXVI as if
Louisiana, Mississippi, Alabama, and Texas or such eligible
metropolitan area had fully complied with the requirements of
the sections listed in paragraphs (1) through (3) of
subsection (a).
(c) For grant years beginning in 2008, Louisiana,
Mississippi, Alabama, and Texas and any eligible metropolitan
area in Louisiana, Mississippi, Alabama, and Texas shall
comply with each of the applicable requirements under title
XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et
seq.).

CHAPTER 8

LEGISLATIVE BRANCH

ARCHITECT OF THE CAPITOL

Capitol Power Plant

For an additional amount for ``Capitol Power Plant'',
$25,000,000, for emergency utility tunnel repairs and
asbestos abatement, to remain available until September 30,
2011: Provided, That the Architect of the Capitol may not
obligate any of the funds appropriated under this heading
without approval of an obligation plan by the Committees on
Appropriations of the Senate and House of Representatives.

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'' of
the Government Accountability Office, $374,000, to remain
available until expended.

[[Page S3770]]

CHAPTER 9

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military Construction, Air Force Reserve

(Including Rescission of Funds)

For an additional amount for ``Military Construction, Air
Force Reserve'', $3,096,000, to remain available until
September 30, 2011: Provided, That such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law.
Of the funds appropriated for ``Military Construction, Air
Force Reserve'' under Public Law 109-114, $3,096,000 are
hereby rescinded.

Department of Defense Base Closure Account, 2005

For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $3,136,802,000, to remain available until
expended.

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

MEDICAL SERVICES

For an additional amount for ``Medical Services'',
$454,131,000, to remain available until expended, of which
$50,000,000 shall be for the establishment of new Level I
comprehensive polytrauma centers; $9,440,000 shall be for the
establishment of polytrauma residential transitional
rehabilitation programs; $20,000,000 shall be for additional
transition caseworkers; $30,000,000 shall be for substance
abuse treatment programs; $20,000,000 for readjustment
counseling; $10,000,000 shall be for blind rehabilitation
services; $100,000,000 shall be for enhancements to mental
health services; $8,000,000 shall be for polytrauma support
clinic teams; $5,356,000 for additional polytrauma points of
contacts; and $201,335,000 shall be for treatment of
Operation Enduring Freedom and Operation Iraqi Freedom
veterans.

MEDICAL ADMINISTRATION

For an additional amount for ``Medical Administration'',
$250,000,000, to remain available until expended.

MEDICAL FACILITIES

For an additional amount for ``Medical Facilities'',
$595,000,000, to remain available until expended, of which
$45,000,000 shall be used for facility and equipment upgrades
at the Department of Veterans Affairs polytrauma
rehabilitation centers and the polytrauma network sites; and
$550,000,000 shall be for non-recurring maintenance as
identified in the Department of Veterans Affairs Facility
Condition Assessment report: Provided, That the amount
provided under this heading for non-recurring maintenance
shall be allocated in a manner outside of the Veterans
Equitable Resource Allocation and specific to the needs and
geographic distribution of Operation Enduring Freedom and
Operation Iraqi Freedom veterans: Provided further, That
within 30 days of enactment of this Act the Secretary shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for non-recurring maintenance
prior to obligation.

MEDICAL AND PROSTHETIC RESEARCH

For an additional amount for ``Medical and Prosthetic
Research'', $30,000,000, to remain available until expended,
which shall be used for research related to the unique
medical needs of returning Operation Enduring Freedom and
Operation Iraqi Freedom veterans.

Departmental Administration

GENERAL OPERATING EXPENSES

For an additional amount for ``General Operating
Expenses'', $46,000,000, to remain available until expended,
for the hiring and training of new pension and compensation
claims processing personnel.

INFORMATION TECHNOLOGY SYSTEMS

For an additional amount for ``Information Technology
Systems'', $36,100,000, to remain available until expended,
of which $20,000,000 shall be for information technology
support and improvements for processing of OIF/OEF veterans
benefits claims, including making electronic DOD medical
records available for claims processing and enabling
electronic benefits applications by veterans; $1,000,000
shall be for the digitization of benefits records; and
$15,100,000 shall be for electronic data breach and
remediation and prevention.

CONSTRUCTION, MINOR PROJECTS

For an additional amount for ``Construction, Minor
Projects'', $355,907,000, to remain available until expended,
of which $36,000,000 shall be for construction costs
associated with the establishment of polytrauma residential
transitional rehabilitation programs.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 2901. (a) Notwithstanding any other provision of law,
none of the funds in this or any other Act shall be used to
downsize staff or to close, realign or phase out essential
services at Walter Reed Army Medical Center until equivalent
medical facilities at the Walter Reed National Military
Medical Center at Naval Medical Center, Bethesda, Maryland,
and/or the Fort Belvoir, Virginia, Community Hospital have
been constructed and equipped, and until the Secretary of
Defense has certified in writing to the Congress that:
(1) the new facilities at Walter Reed National Military
Medical Center at Bethesda and/or the Fort Belvoir Community
Hospital are complete and fully operational, and
(2) replacement medical facilities at Walter Reed National
Military Medical Center at Bethesda have adequate capacity to
meet both the existing and projected demand for complex
medical care and services, including outpatient and medical
hold facilities, for combat veterans and other military
personnel.
(b) Not later than 30 days after enactment of this Act, the
Secretary of Defense shall provide to the Committees on
Appropriations of the Senate and House of Representatives a
report and proposed timetable outlining the Department's plan
to transition patients, staff and medical services to the new
facilities at Bethesda and Fort Belvoir without compromising
patient care, staffing requirements or facility maintenance
at the Walter Reed Medical Center.
(c) To ensure that the quality of care provided by the
Military Health System is not diminished during this
transition, the Walter Reed Army Medical Center shall be
adequately funded, to include necessary renovation and
maintenance of existing facilities, to continue the maximum
level of inpatient and outpatient services.
Sec. 2902. Within existing funds appropriated to
Departmental Administration, General Operating Expenses for
fiscal year 2007, and within 30 days after enactment of this
Act, the Department of Veterans Affairs shall contract with
the National Academy of Public Administration for the purpose
of conducting an independent study and analysis of the
organizational structure, management and coordination
processes, including Seamless Transition, utilized by the
Department of Veterans affairs to:
(1) provide health care to active duty and veterans of
Operation Enduring Freedom and Operation Iraqi Freedom; and
(2) provide benefits to veterans of Operation Enduring
Freedom and Operation Iraqi Freedom.
Sec. 2903. The Director of the Congressional Budget Office
shall, not later than November 15, 2007, submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report projecting appropriations necessary
for the Departments of Defense and Veterans Affairs to
continue providing necessary health care to veterans of the
conflicts in Iraq and Afghanistan. The projections should
span several scenarios for the duration and number of forces
deployed in Iraq and Afghanistan, and more generally, for the
long-term health care needs of deployed troops engaged in the
global war on terrorism over the next ten years.

CHAPTER 10

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Federal-Aid Highways

Emergency Relief Program

(including rescission of funds)

For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, $388,903,000, to remain available until expended:
Provided, That of the unobligated balances of funds
apportioned to each State under chapter 1 of title 23, United
States Code, $388,903,000 are rescinded: Provided further,
That such rescission shall not apply to the funds distributed
in accordance with sections 130(f) and 104(b)(5) of title 23,
United States Code; sections 133(d)(1) and 163 of such title,
as in effect on the day before the date of enactment of
Public Law 109-59; and the first sentence of section
133(d)(3)(A) of such title: Provided further, That section
4103 of title III of this Act shall not apply to the first
proviso under this paragraph.

Federal Transit Administration

Formula Grants

For an additional amount to be allocated by the Secretary
to recipients of assistance under chapter 53 of title 49,
United States Code, directly affected by Hurricanes Katrina
and Rita, $75,000,000, for the operating and capital costs of
transit services, to remain available until expended:
Provided, That the Federal share for any project funded from
this amount shall be 100 percent.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Inspector General

For an additional amount for the Office of Inspector
General, for the necessary costs related to the consequences
of Hurricanes Katrina and Rita, $5,000,000, to remain
available until expended.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3001. Notwithstanding part 750 of title 23, Code of
Federal Regulations (or a successor regulation), if permitted
by State law, a nonconforming sign that is or has been
damaged, destroyed, abandoned, or discontinued as a result of
a hurricane that is determined to be an act of God (as
defined by State law) may be repaired, replaced, or
reconstructed if the replacement sign has the same dimensions
as the original sign, and said sign is located within a State
found within Federal Emergency Management Agency Region IV or
VI. The provisions of this section shall cease to be in
effect twenty-four months following the date of enactment of
this Act.
Sec. 3002. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by adding after the
third proviso: ``: Provided further, That notwithstanding the
previous proviso, except for applying the 2007 Annual
Adjustment Factor and making any other specified adjustments,
public housing agencies that are eligible for

[[Page S3771]]

assistance under section 901 in Public Law 109-148 (119 Stat.
2781) shall receive funding for calendar year 2007 based on
the amount such public housing agencies were eligible to
receive in calendar year 2006''.

TITLE III

OTHER MATTERS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Farm Service Agency

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'' of
the Farm Service Agency, $75,000,000, to remain available
until expended: Provided, That this amount shall only be
available for the modernization and repair of the computer
systems used by the Farm Service Agency (including all
software, hardware, and personnel required for modernization
and repair): Provided further, That of this amount
$27,000,000 shall be made available 60 days after the date on
which the Farm Service Agency submits to the Committee on
Appropriations of the Senate, the Committee on Appropriations
of the House of Representatives, and the Government
Accountability Office a spending plan for the funds.

GENERAL PROVISIONS--THIS CHAPTER

(rescission)

Sec. 3101. Of the unobligated balances of funds made
available pursuant to section 298(a) of the Trade Act of 1974
(19 U.S.C. 2401G(a)), $75,000,000 are rescinded.
Sec. 3102. (a) Section 1237A(f) of the Food Security Act of
1985 (16 U.S.C. 3837a(f)) is amended in the first sentence by
striking ``fair market value of the land less the fair market
value of such land encumbered by the easement'' and inserting
``fair market value of the land as determined in accordance
with the method of valuation used by the Secretary as of
January 1, 2003''.
(b) Section 1238I(c)(1) of the Food Security Act of 1985
(16 U.S.C. 3838i(c)(1)) is amended by inserting at the end
the following:
``(C) Valuation.--The Secretary shall determine fair market
value under this paragraph in accordance with the method of
valuation used by the Secretary as of January 1, 2003.''.
Sec. 3103. Subsection (b)(1) of section 313A of the Rural
Electrification Act shall not apply in the case of a
cooperative lender that has previously received a guarantee
under section 313A and such additional guarantees shall not
exceed the amount provided for in Public Law 110-5.

CHAPTER 2

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3201. Section 20314 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by striking
``Resources.'' and inserting in lieu thereof: ``Resources:
Provided, That $22,762,000 of the amount provided be for
geothermal research and development activities.''.
Sec. 3202. Hereafter, federal employees at the National
Energy Technology Laboratory shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 3203. Prohibition on Certain Uses of Funds by BPA.
None of the funds made available under this or any other Act
shall be used during fiscal year 2007 to make, or plan or
prepare to make, any payment on bonds issued by the
Administrator of the Bonneville Power Administration
(referred in this section as the ``Administrator'') or for an
appropriated Federal Columbia River Power System investment,
if the payment is both--
(1) greater, during any fiscal year, than the payments
calculated in the rate hearing of the Administrator to be
made during that fiscal year using the repayment method used
to establish the rates of the Administrator as in effect on
October 1, 2006; and
(2) based or conditioned on the actual or expected net
secondary power sales receipts of the Administrator.

CHAPTER 3

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3301. The structure of any of the offices or
components within the Office of National Drug Control Policy
shall remain as they were on October 1, 2006. None of the
funds appropriated or otherwise made available in the
Continuing Appropriations Resolution, 2007 (Public Law 110-5)
may be used to implement a reorganization of offices within
the Office of National Drug Control Policy without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 3302. Funds made available in section 21075 of the
Continuing Appropriations Resolution, 2007 (Public Law 110-5)
shall be made available to a 501(c)(3) entity: (1) with a
wide anti-drug coalition network and membership base, and one
with a demonstrated track record and specific expertise in
providing technical assistance, training, evaluation,
research, and capacity building to community anti-drug
coalitions; (2) with authorization from Congress, both prior
to fiscal year 2007, and in fiscal years 2008 through 2012,
to perform the duties described in subsection (1) of this
section; and (3) that has previously received funding from
Congress, including through a competitive process as well as
direct funding, for providing the duties described in
subsection (1) of this section: Provided, That funds
appropriated in section 21075 shall be obligated within sixty
days after enactment of this Act.
Sec. 3303. Funds made available under section 613 of Public
Law 109-108 (119 Stat. 2338) for Nevada's Commission on
Economic Development shall be made available to the Nevada
Center for Entrepreneurship and Technology (CET).
Sec. 3304. From the amount provided by section 21067 of the
Continuing Appropriations Resolution, 2007 (Public Law 110-
5), the National Archives and Records Administration may
obligate monies necessary to carry out the activities of the
Public Interest Declassification Board.
Sec. 3305. None of the funds appropriated or otherwise made
available in section 21063 of the Continuing Appropriations
Resolution, 2007 (Public Law 110-5) for the ``General
Services Administration, Real Property Activities, Federal
Buildings Fund'', may be obligated for design, construction,
or acquisition until the House and Senate Committees on
Appropriations approve a revised detailed plan, by project,
on the use of such funds: Provided, That the new plan shall
include funding for completion of courthouse construction
projects which received funding in fiscal year 2006 above a
level of $5,000,000: Provided further, That such plan shall
be provided by the Administrator of the General Services
Administration to the House of Representatives and the Senate
Committees on Appropriations within seven days of enactment.
Sec. 3306. Notwithstanding the notice requirement of the
Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006, 119 Stat. 2509 (Public Law 109-
115), as continued in section 104 of the Continuing
Appropriations Resolution, 2007 (Public Law 110-5), the
District of Columbia Courts may reallocate not more than
$1,000,000 of the funds provided for fiscal year 2007 under
the Federal Payment to the District of Columbia Courts for
facilities among the items and entities funded under that
heading for operations.
Sec. 3307. (a) Not later than 90 days after the date of
enactment of this Act, the Secretary of the Treasury, in
coordination with the Securities and Exchange Commission and
in consultation with the Departments of State and Energy,
shall prepare and submit to the Senate Committee on
Appropriations, the House of Representatives Committee on
Appropriations, the Senate Foreign Relations Committee, and
the House Foreign Affairs Committee an unclassified report,
suitable to be made public, that contains the names of (1)
all companies trading in securities that are registered under
section 12 of the Securities Exchange Act of 1934 (15 U.S.C.
781) which either directly or through a parent or subsidiary
company, including partly-owned subsidiaries, conduct
business operations in Sudan relating to natural resource
extraction, including oil-related activities and mining of
minerals; and (2) the names of all other companies, which
either directly or through a parent or subsidiary company,
including partly-owned subsidiaries, conduct business
operations in Sudan relating to natural resource extraction,
including oil-related activities and mining of minerals. The
reporting provision shall not apply to companies operating
under licenses from the Office of Foreign Assets Control or
otherwise expressly exempted under United States law from
having to obtain such licenses in order to operate in Sudan.
(b) Not later than 20 days after enactment, the Secretary
of the Treasury shall inform the aforementioned committees of
Congress of any statutory or other legal impediments to the
successful completion of this report.
(c) Not later than 45 days following the submission to
Congress of the list of companies conducting business
operations in Sudan relating to natural resource extraction
required above, the General Services Administration shall
determine whether the United States Government has an active
contract for the procurement of goods or services with any of
the identified companies, and provide notification to the
appropriate committees of Congress of the companies, nature
of the contract, and dollar amounts involved.

(including rescission)

Sec. 3308. (a) Of the funds provided for the General
Services Administration, ``Office of Inspector General'' in
section 21061 of the Continuing Appropriations Resolution,
2007 (division B of Public Law 109-289, as amended by Public
Law 110-5), $8,000,000 are rescinded.
(b) For an additional amount for the General Services
Administration, ``Office of Inspector General'', $8,000,000,
to remain available until September 30, 2008.
Sec. 3309. Section 21073 of the Continuing Appropriations
Resolution, 2007 (Public Law 110-5) is amended by adding a
new subsection (j) as follows:
``(j) Notwithstanding section 101, any appropriation or
funds made available to the District of Columbia pursuant to
this division for `Federal Payment for Foster Care
Improvement in the District of Columbia' shall be available
in accordance with an expenditure plan submitted by the Mayor
of the District of Columbia not later than 60 days after the
enactment of this section which details the activities to be
carried out with such Federal Payment.''.

CHAPTER 4

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3401. Any unobligated balances remaining from prior
appropriations for United States Coast Guard, ``Retired Pay''
shall remain available until expended in the account

[[Page S3772]]

and for the purposes for which the appropriations were
provided, including the payment of obligations otherwise
chargeable to lapsed or current appropriations for this
purpose.
Sec. 3402. Integrated Deepwater System. (a) Competition for
Acquisition and Modification of Assets.--
(1) In general.--The Commandant of the Coast Guard shall
utilize full and open competition for any contract entered
into after the date of enactment of this Act that provides
for the acquisition or modification of assets under, or in
support of, the Integrated Deepwater System Program of the
Coast Guard.
(2) Exceptions.--Paragraph (1) shall not apply to the
following:
(A) The acquisition or modification of the following asset
classes for which assets of the class and related systems and
components under the Integrated Deepwater System are under a
contract for production:
(i) National Security Cutter;
(ii) Maritime Patrol Aircraft;
(iii) Deepwater Command, Control, Communications, Computer,
Intelligence, Surveillance, and Reconnaissance (C4ISR)
System; and
(iv) HC-130J Fleet Introduction.
(B) The modification of any legacy asset class under the
Integrated Deepwater System Program being performed by a
Coast Guard entity.
(b) Chair of Product and Oversight Teams.--The Commandant
of the Coast Guard shall assign an appropriate officer or
employee of the Coast Guard to act as chair of each of the
following:
(1) Each integrated product team under the Integrated
Deepwater System Program.
(2) Each higher-level team assigned to the oversight of a
product team referred to in paragraph (1).
(c) Life-cycle Cost Estimate.--The Commandant of the Coast
Guard may not enter into a contract for lead asset production
under the Integrated Deepwater System Program until the
Commandant obtains an independent estimate of life-cycle
costs of the asset concerned.
(d) Review of Acquisitions and Major Design Changes.--
(1) In general.--With the exception of assets covered under
(a)(2) of this section, the Commandant of the Coast Guard may
not carry out an action described in paragraph (2) unless an
independent third party with no financial interest in the
development, construction, or modification of any component
of the Integrated Deepwater System Program, selected by the
Commandant for purposes of the subsection, determines that
such action is advisable.
(2) Covered Actions.--The actions described in the
paragraph are as follows:
(A) The acquisition or modification of an asset under the
Integrated Deepwater System Program.
(B) The implementation of a major design change for an
asset under the Integrated Deepwater System Program.
(e) Linking of Award Fees to Successful Acquisition
Outcomes.--The Commandant of the Coast Guard shall require
that all contracts under the Integrated Deepwater System
Program that provide award fees link such fees to successful
acquisition outcomes (which shall be defined in terms of
cost, schedule, and performance).
(f) Contractual Agreements.--
(1) In general.--The Commandant of the Coast Guard may not
award or issue any contract, task or delivery order, letter
contract modification thereof, or other similar contract, for
the acquisition or modification of an asset under the
Integrated Deepwater System Program unless the Coast Guard
and the contractor concerned have formally agreed to all
terms and conditions.
(2) Exception.--A contract, task or delivery order, letter
contract, modification thereof, or other similar contract
described in paragraph (1) may be awarded or issued if the
head of contracting activity of the Coast Guard determines
that a compelling need exists for the award or issue of such
instrument.
(g) Designation of Technical Authority.--The Commandant of
the Coast Guard shall designate the Assistant Commandant of
the Coast Guard for Engineering and Logistics as the
technical authority for all engineering, design, and
logistics decisions pertaining to the Integrated Deepwater
System Program.
(h) Report on Personnel Required for Acquisition
Management.--Not later than 30 days after the date of the
enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives; the Committee on
Commerce, Science and Transportation of the Senate; and the
Committee on Transportation and Infrastructure of the House
of Representatives a report on the resources (including
training, staff, and expertise) required by the Coast Guard
to provide appropriate management and oversight of the
Integrated Deepwater System Program.
(i) Comptroller General Report on Progress.--Not later than
60 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives; the Committee on Commerce, Science and
Transportation of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing and assessing the
progress of the Coast Guard in complying with the
requirements of this section.
Sec. 3403. None of the funds provided in this Act or any
other Act may be used to alter or reduce operations within
the Civil Engineering Program of the Coast Guard nationwide,
including the civil engineering units, facilities, design and
construction centers, maintenance and logistics command
centers, the Coast Guard Academy and the Coast Guard Research
and Development Center, except as specifically authorized by
a statute enacted after the date of enactment of this Act.

CHAPTER 5

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3501. Section 20515 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting before
the period: ``; and of which, not to exceed $143,628,000
shall be available for contract support costs under the terms
and conditions contained in Public Law 109-54''.
Sec. 3502. Section 20512 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting after
the first dollar amount: ``, of which not to exceed
$7,300,000 shall be transferred to the `Indian Health
Facilities' account; the amount in the second proviso shall
be $18,000,000; the amount in the third proviso shall be
$525,099,000; the amount in the ninth proviso shall be
$269,730,000; and the $15,000,000 allocation of funding under
the eleventh proviso shall not be required''.
Sec. 3503. 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''.
Sec. 3504. Of the funds made available to the United States
Fish and Wildlife Service for fiscal year 2007 under the
heading ``Land Acquisition'', not to exceed $1,980,000 may be
used for land conservation partnerships authorized by the
Highlands Conservation Act of 2004.
Sec. 3505. The Administrator of the Environmental
Protection Agency shall grant to the Water Environment
Research Foundation (WERF) such sums as were directed in
fiscal year 2005 and fiscal year 2006 for the On-Farm
Assessment and Environmental Review program: Provided, That
not less than 95 percent of funds made available shall be
used by WERF to award competitively a contract to perform the
program's environmental assessments: Provided further, That
WERF shall not retain more than 5 percent of such sums for
administrative expenses.

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 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.

GENERAL PROVISIONS--THIS CHAPTER

(TRANSFER OF FUNDS)

Sec. 3601. Section 20602 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting the
following after ``$5,000,000'': ``(together with an
additional $7,000,000 which shall be transferred by the
Pension Benefit Guaranty Corporation as an authorized
administrative cost)''.
Sec. 3602. 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. 3603. (a) From the amounts available for Department of
Education, Safe Schools and Citizenship Education as provided
by the Continuing Appropriations Resolution, 2007,
$321,500,000 shall be available for Safe and Drug-Free
Schools State Grants and $247,335,000 shall be available for
Safe and Drug-Free Schools National Programs.
(b) Of the amount available for Safe and Drug-Free National
Programs, not less than $25,000,000 shall be for competitive
grants to local educational agencies to address youth
violence and related issues.
(c) The competition under subsection (b) shall be limited
to local educational agencies that operate schools currently
identified as persistently dangerous under section 9532 of
the Elementary and Secondary Education Act of 1965.

[[Page S3773]]

Sec. 3604. 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.

(transfer of funds)

Sec. 3605. Notwithstanding sections 20639 and 20640 of the
Continuing Appropriations Resolution, 2007, as amended by
section 2 of the Revised Continuing Appropriations
Resolution, 2007 (Public Law 110-5), the Chief Executive
Officer of the Corporation for National and Community Service
may transfer an amount of not more than $1,360,000 from the
account under the heading ``National and Community Service
Programs, Operating Expenses'' under the heading
``Corporation for National and Community Service'', to the
account under the heading ``Salaries and Expenses'' under the
heading ``Corporation for National and Community Service''.
Sec. 3606. Section 1310.12(a) of title 45 of the Code of
Federal Regulations (October 1, 2004) shall be effective 30
days after enactment of this Act except that any vehicles in
use to transport Head Start children as of January 1, 2007,
shall not be subject to a requirement under that part
regarding rear emergency exit doors for two years after the
date of enactment.
The Secretary of Health and Human Services shall revise the
allowable alternate vehicle standards described in that part
1310 (or any corresponding similar regulation or ruling) to
exempt from Federal seat spacing requirements and supporting
seating requirements related to compartmentalization any
vehicle used to transport children for a Head Start program
if the vehicle meets federal motor vehicle safety standards
for seating systems, occupant crash protection, seat belt
assemblies, and child restraint anchorage systems consistent
with that part 1310 (or any corresponding similar regulation
or ruling). Such revision shall be made in a manner
consistent with the findings of the National Highway Traffic
Safety Administration, pursuant to its study on occupant
protection on Head Start transit vehicles, related to the
Government Accountability Office report GAO-06-767R.

(including rescission)

Sec. 3607. (a) From the amounts made available by the
Continuing Appropriations Resolution, 2007 (Public Law 109-
289, as amended by the Revised Continuing Appropriations
Resolution, 2007 (Public Law 110-5)) for the Office of the
Secretary, General Departmental Management under the
Department of Health and Human Services, $1,000,000 are
rescinded.
(b) For the activities carried out by the Secretary of
Education under section 3(a) of Public Law 108-406 (42 U.S.C.
15001 note), $1,000,000.

(including RESCISSION)

Sec. 3608. (a) From the amounts made available by the
Continuing Appropriations Resolution, 2007 for ``Department
of Education, Student Aid Administration'', $2,000,000 are
rescinded.
(b) For an additional amount for ``Department of Education,
Higher Education'' under part B of title VII of the Higher
Education Act of 1965 which shall be used to make a grant to
the University of Vermont for the Educational Excellence
Program, $2,000,000.
Sec. 3609. Section 1820 of the Social Security Act (42
U.S.C. 1395i-4) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Delta Health Initiative.--
``(1) In general.--The Secretary is authorized to award a
grant to the Delta Health Alliance, a nonprofit alliance of
academic institutions in the Mississippi Delta region, to
solicit and fund proposals from local governments, hospitals,
health care clinics, academic institutions, and rural public
health-related entities and organizations for research
development, educational programs, health care services, job
training, planning, construction, and the equipment of public
health-related facilities in the Mississippi Delta region.
``(2) Federal interest in property.--With respect to funds
used under this subsection for construction or alteration of
property, the Federal interest in the property shall last for
a period of 1 year following completion or until the Federal
Government is compensated for its proportionate interest in
the property if the property use changes or the property is
transferred or sold, whichever time period is less. At the
conclusion of such period, the Notice of Federal Interest in
such property shall be removed.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this subsection in fiscal year 2007 and in each
of the five succeeding fiscal years.''.

CHAPTER 7

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3701. Section 2(c) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 121d(c)) is amended by
adding at the end the following:
``(3) The Secretary of the Senate may transfer from the
fund to the Senate Employee Child Care Center proceeds from
the sale of holiday ornaments by the Senate Gift Shop for the
purpose of funding necessary activities and expenses of the
Center, including scholarships, educational supplies, and
equipment.''.

(including rescission)

Sec. 3702. (a) Of the funds provided for the ``Capitol
Guide Service and Special Services Office'' in section
20703(a) of the Continuing Appropriations Resolution, 2007
(as added by section 2 of the Revised Continuing
Appropriations Resolution, 2007 (Public Law 110-5)),
$3,500,000 are rescinded.
(b) For an additional amount for ``Capitol Guide Service
and Special Services Office'', $3,500,000, to remain
available until September 30, 2008.

CHAPTER 8

GENERAL PROVISION--THIS CHAPTER

Sec. 3801. Notwithstanding any other provision of law,
appropriations made by Public Law 110-5, or any other Act,
which the Secretary of Veterans Affairs contributes to the
Department of Defense/Department of Veterans Affairs Health
Care Sharing Incentive Fund under the authority of section
8111(d) of title 38, United States Code, shall remain
available until expended for any purpose authorized by
section 8111 of title 38, United States Code.

CHAPTER 9

GENERAL PROVISIONS--THIS CHAPTER

CONSULTATION REQUIREMENT

Sec. 3901. Of the funds provided in the Revised Continuing
Appropriations Resolution, 2007 (Public Law 110-5) for the
United States-China Economic and Security Review Commission,
$1,000,000 shall be available for obligation only in
accordance with a spending plan submitted to and approved by
the Committees on Appropriations which addresses the
recommendations of the Government Accountability Office's
audit of the Commission.

TECHNICAL AMENDMENT

Sec. 3902. (a) Notwithstanding any other provision of law,
subsection (c) under the heading ``Assistance for the
Independent States of the Former Soviet Union'' in Public Law
109-102, shall not apply to funds appropriated by the
Continuing Appropriations Resolution, 2007 (Public Law 109-
289, division B) as amended by Public Laws 109-369, 109-383,
and 110-5.
(b) Section 534(k) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) is amended, in the second proviso, by
inserting after ``subsection (b) of that section'' the
following: ``and the requirement that a majority of the
members of the board of directors be United States citizens
provided in subsection (d)(3)(B) of that section''.
(c) Subject to section 101(c)(2) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5), the amount of funds
appropriated for ``Foreign Military Financing Program''
pursuant to such Resolution shall be construed to be the
total of the amount appropriated for such program by section
20401 of that Resolution and the amount made available for
such program by section 591 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) which is made applicable to the fiscal
year 2007 by the provisions of such Resolution.

CHAPTER 10

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Federal Housing Enterprise Oversight

Salaries and Expenses

(including transfer of funds)

For an additional amount to carry out the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992,
$4,800,000, to remain available until expended, to be derived
from the Federal Housing Enterprises Oversight Fund and to be
subject to the same terms and conditions pertaining to funds
provided under this heading in Public Law 109-115: Provided,
That not to exceed the total amount provided for these
activities for fiscal year 2007 shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received
during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more
than $0.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 4001. Hereafter, funds limited or appropriated for the
Department of Transportation may be obligated or expended to
grant authority to a Mexican motor carrier to operate beyond
United States municipalities and commercial zones on the
United States-Mexico border only to the extent that--
(1) granting such authority is first tested as part of a
pilot program;
(2) such pilot program complies with the requirements of
section 350 of Public Law 107-87 and the requirements of
section 31315(c) of title 49, United States Code, related to
pilot programs; and
(3) simultaneous and comparable authority to operate within
Mexico is made available to motor carriers domiciled in the
United States.
Sec. 4002. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by adding after the
second proviso: ``: Provided further, That

[[Page S3774]]

paragraph (2) under such heading in Public Law 109-115 (119
Stat. 2441) shall be funded at $149,300,000, but additional
section 8 tenant protection rental assistance costs may be
funded in 2007 by using unobligated balances, notwithstanding
the purposes for which such amounts were appropriated,
including recaptures and carryover, remaining from funds
appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual
Contributions for Assisted Housing'', the heading ``Housing
Certificate Fund'', and the heading ``Project-Based Rental
Assistance'' for fiscal year 2006 and prior fiscal years:
Provided further, That paragraph (3) under such heading in
Public Law 109-115 (119 Stat. 2441) shall be funded at
$47,500,000: Provided further, That paragraph (4) under such
heading in Public Law 109-115 (119 Stat. 2441) shall be
funded at $5,900,000: Provided further, That paragraph (5)
under such heading in Public Law 109-115 (119 Stat. 2441)
shall be funded at $1,281,100,000, of which $1,251,100,000
shall be allocated for the calendar year 2007 funding cycle
on a pro rata basis to public housing agencies based on the
amount public housing agencies were eligible to receive in
calendar year 2006, and of which up to $30,000,000 shall be
available to the Secretary to allocate to public housing
agencies that need additional funds to administer their
section 8 programs, with up to $20,000,000 to be for fees
associated with section 8 tenant protection rental
assistance''.
Sec. 4003. The dates for subsidy reductions and
demonstrations for discontinuance of reductions in operating
subsidy under the new operating fund formula, pursuant to HUD
regulations at 24 CFR 990.230, shall be moved forward so that
the first demonstration date for asset management compliance
shall be September 1, 2007, and reductions in subsidy for
calendar year 2007 shall be limited to the 5 percent amount
referred to in such regulations. Any public housing agency
that has filed information to demonstrate compliance on or
prior to April 15, 2007 shall be permitted to re-file the
same or different information to demonstrate such compliance
on or before September 1, 2007.

CHAPTER 11

GENERAL PROVISIONS--THIS ACT

AVAILABILITY OF FUNDS

Sec. 4101. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.

EMERGENCY DESIGNATION FOR TITLE I

Sec. 4102. Amounts provided in title I of this Act are
designated as emergency requirements pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.

EMERGENCY DESIGNATION FOR TITLE II

Sec. 4103. Amounts provided in title II of this Act are
designated as emergency requirements pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.

TITLE IV--EMERGENCY FARM RELIEF

SEC. 401. SHORT TITLE.

This title may be cited as the ``Emergency Farm Relief Act
of 2007''.

SEC. 402. 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) Applicable crop.--The term ``applicable crop'' means 1
or more crops planted, or prevented from being planted,
during, as elected by the producers on a farm, 1 of--
(A) the 2005 crop year;
(B) the 2006 crop year; or
(C) that part of the 2007 crop year that takes place before
the end of the applicable period.
(3) Applicable period.--The term ``applicable period''
means the period beginning on January 1, 2005 and ending on
February 28, 2007.
(4) 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).
(5) 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).
(6) 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.).
(7) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) poultry;
(D) sheep;
(E) swine; and
(F) other livestock, as determined by the Secretary.
(8) Natural disaster declaration.--The term ``natural
disaster declaration'' means a natural disaster declared by
the Secretary during the applicable period under section
321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)).
(9) 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).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.

Subtitle A--Agricultural Production Losses

SEC. 411. 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 55 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 20
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 applicable 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 farm described in subsection
(a) that incurred a quality loss for the applicable crop 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) 55 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)

[[Page S3775]]

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) Election of Crop Year.--If a producer incurred
qualifying crop losses in more than 1 of the crop years
during the applicable period, the producers on a farm shall
elect to receive assistance under this section for losses
incurred in only 1 of the crop years.
(f) Payment Limitation.--
(1) Limitation.--Assistance provided under this section to
the producers on a farm 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.
(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 producers on the
farm receive for losses to the same crop.
(B) The value of the crop that was not lost (if any), as
estimated by the Secretary.
(g) 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. 412. DAIRY ASSISTANCE.

The Secretary shall use $95,000,000 of funds of the
Commodity Credit Corporation to make payments to dairy
producers for dairy production losses in disaster counties.

SEC. 413. MILK INCOME LOSS CONTRACT PROGRAM.

Section 1502(c)(3) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``August'' and all
that follows through the end and inserting ``September 30,
2007, 34 percent.''; and
(3) by striking subparagraph (C).

SEC. 414. 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 the
applicable period for losses (including losses due to
blizzards that began in calendar year 2006 and continued in
January 2007) due to a disaster, as determined by the
Secretary, except that the payment rate shall be 80 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 the
applicable period 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.
(4) Payments for reduction in grazing on federal land.--
(A) In general.--In carrying out this subsection, the
Secretary shall make payments to livestock producers that are
in proportion to any reduction during calendar year 2007 in
grazing on Federal land in a disaster county leased by the
producers a result of actions described in subparagraph (B).
(B) Federal actions.--Actions referred to in subparagraph
(A) are actions taken during calendar year 2007 by the Bureau
of Land Management or other Federal agency to restrict or
prohibit grazing otherwise allowed under the terms of the
lease of the producers in order to expedite the recovery of
the Federal land from drought, wildfire, or other natural
disaster declared by the Secretary during the applicable
period.
(5) Limitation.--The Secretary shall ensure, to the maximum
extent practicable, that producers on a farm do not receive
duplicative payments under this subsection and another
Federal program with respect to any loss.
(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 the applicable period
(including losses due to blizzards that began in calendar
year 2006 and continued in January 2007) due to a disaster,
as determined by the Secretary, including losses due to
hurricanes, floods, anthrax, wildfires, and extreme heat.
(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 to
producers located in disaster counties 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, by the producers.
(2) Ineligibility for other assistance.--A producer that
receives assistance under this subsection shall not be
eligible to receive assistance under subsection (a).
(d) Election of Production Year.--If a producer incurred
qualifying production losses in more than one of the
production years, the producers on a farm shall elect to
receive assistance under this section in only one of the
production years.
(e) Exception.--Notwithstanding any other provision of this
section, livestock producers on a farm shall be eligible to
receive assistance under subsection (a) or livestock
indemnity payments under subsection (b) if the producers on a
farm--
(1) have livestock operations in a county included in the
geographic area covered by a major disaster or emergency
designated by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) due to blizzards, ice storms, or other winter-
related causes during the period of December 2006 through
January 2007; and
(2) meet all eligibility requirements for the assistance or
payments other than the requirements relating to disaster
declarations by the Secretary under subsections (a) and
(b)(1).

SEC. 415. FLOODED CROP AND GRAZING LAND.

(a) In General.--The Secretary shall compensate eligible
owners of flooded crop and grazing land in 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.--

[[Page S3776]]

(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 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. 416. SUGAR BEET AND SUGAR CANE 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 applicable crop.
(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 $3,000,000 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)).
(d) Election of Crop Year.--If a producer incurred
qualifying crop losses in more than one of the crop years
during the applicable period, the producers on a farm shall
elect to receive assistance under this section for losses
incurred in only one of the crop years.

SEC. 417. 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. 418. 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. 421. 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 during
the applicable period.
(b) Grants to Qualified States.--
(1) In general.--The Secretary shall use $100,000,000 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 $500,000.
(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 during the applicable period 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 $15,000,000 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.

(B) Emergency grants to assist low-income migrant and
seasonal farmworkers.--
(i) Funds made available by this subtitle may be used to
carry out assistance programs in States that are consistent
with the purpose and intent of the program authorized at
section 2281 of the Food, Agriculture, Conservation and Trade
Act of 1990 (42 U.S.C. 5177a).
(ii) In carrying out this subparagraph, a qualified State
may waive the gross income requirement at subparagraph (A)(i)
of this paragraph.
(3) Requirements.--A direct payment to small business under
this subsection shall--
(A) be limited to not more than 2 years of documented
losses; and
(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.
(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--Forestry

SEC. 431. TREE ASSISTANCE PROGRAM.

(a) Definition of Tree.--In this section, the term ``tree''
includes--
(1) a tree (including a Christmas tree, ornamental tree,
nursery tree, and potted tree);
(2) a bush (including a shrub, nursery shrub, nursery bush,
ornamental bush, ornamental shrub, potted bush, and potted
shrub); and
(3) a vine (including a nursery vine and ornamental vine).
(b) Program.--Except as otherwise provided in this section,
the Secretary shall use such sums as are necessary of the
funds of the Commodity Credit Corporation to provide
assistance under the terms and conditions of the tree
assistance program established under subtitle C of title X of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8201 et seq.) to--
(1) producers who suffered tree losses in disaster
counties; and
(2) fruit and tree nut producers in disaster counties.
(c) Costs.--Funds made available under this section shall
also be made available to cover costs associated with tree
pruning,

[[Page S3777]]

tree rehabilitation, and other appropriate tree-related
activities as determined by the Secretary.
(d) Scope of Assistance.--Assistance under this section
shall compensate for losses resulting from disasters during
the applicable period.

Subtitle D--Conservation

SEC. 441. EMERGENCY CONSERVATION PROGRAM.

The Secretary shall use an additional $35,000,000 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.), of which $3,000,000 shall be to repair broken
irrigation pipelines and damaged and collapsed water tanks,
$1,000,000 to provide emergency loans for losses of
agricultural income, and $2,000,000 to repair ditch
irrigation systems in conjunction with the Presidential
declaration of a major disaster (FEMA-1664-DR), dated October
17, 2006, and related determinations issued under the
authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford
Act): Provided, That the Secretary may transfer a portion of
these funds to the Natural Resources Conservation Service, to
include Resource Conservation and Development councils.

SEC. 442. EMERGENCY WATERSHED PROTECTION PROGRAM.

The Secretary shall use an additional $50,000,000 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. 443. CONSERVATION SECURITY PROGRAM.

Section 20115 of Public Law 110-5 is amended by striking
``section 726'' and inserting in lieu thereof ``section 726;
section 741''.

Subtitle E--Farm Service Agency

SEC. 451. FUNDING FOR ADDITIONAL PERSONNEL AND ADMINISTRATIVE
SUPPORT.

The Secretary shall use $30,000,000 of funds of the
Commodity Credit Corporation--
(1) of which $9,000,000 shall be used to hire additional
County Farm Service Agency personnel to expedite the
implementation of, and delivery under, the agricultural
disaster and economic assistance programs under this title;
and
(2) to be used as the Secretary determines to be necessary
to carry out this and other agriculture and disaster
assistance programs.

Subtitle F--Miscellaneous

SEC. 461. CONTRACT WAIVER.

In carrying out this title and 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 crop
insurance pilot program relating to forage.

SEC. 462. INSECT INFESTATIONS.

(a) In General.--The Secretary, acting through the
Administrator of the Animal and Plant Health Inspection
Service, shall use not less than $20,000,000 of funds made
available from the Commodity Credit Corporation for the
Animal and Plant Health Inspection Service to survey and
control insect infestations in the States of Nevada, Idaho,
and Utah.
(b) Use of Funds.--Funds described in subsection (a) shall
be used in a manner that promotes cooperative efforts between
Federal programs (including the plant protection and
quarantine program of the Animal and Plant Health Inspection
Service) and State and local programs carried out, in whole
or in part, with Federal funds to fight insect outbreaks.

SEC. 463. 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. 464. 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.

Subtitle G--Emergency Designation

SEC. 471. 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).
This Act may be cited as the ``U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007''.
______

SA 642. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 641 proposed by Mr. Byrd to the bill H.R. 1591, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2007, and for other purposes; which was ordered to lie on
the table; as follows:

On page 60, line 13, strike ``$150,000,000'' and insert
``$755,000,000''.

On page 60, line 16, insert after ``area'' the following:
``Provided, That $605,000,000 shall be for construction of
the Inner Harbor Navigation Canal Lock replacement project,
to remain available until expended''.
______

SA 643. Mr. COCHRAN (for himself, Mr. McCain, Mr. Lieberman, Mr.
Graham, Mr. Warner, Mr. Stevens, Mr. Brownback, Mr. Shelby, Mr. Craig,
Mr. Allard, Mr. Bennett, and Mr. Enzi) proposed an amendment to
amendment SA 641 proposed by Mr. Byrd to the bill H.R. 1591, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2007, and for other purposes; as follows:

On page 24, strike line 16 and all that follows through
page 26, line 24 and insert:

``SEC. 1315. BENCHMARKS FOR THE GOVERNMENT OF IRAQ.--''

______

SA 644. Mr. REID submitted an amendment intended to be proposed by
him to the bill H.R. 1591, making emergency supplemental appropriations
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

On page 41, line 19 strike $214,000,000 and insert
$214,000,001
______

SA 645. Mr. REID submitted an amendment intended to be proposed by
him to the bill H.R. 1591, making emergency supplemental appropriations
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

In the amendment strike $214,000,001 and insert
$214,000,002.
______

SA 646. Mrs. HUTCHISON submitted an amendment intended to be proposed
by her to the bill H.R. 1591, making emergency supplemental
appropriations 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. ___. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs is authorized to convey without
consideration to the State of Texas all right, title, and
interest of the United States in and to a parcel of real
property comprising the location of the Marlin, Texas
Department of Veterans Affairs Medical Center. In so
conveying, the Secretary need not comply with Federal laws
relating to the environment and historic preservation.
However, the Secretary may at his discretion undertake
environmental cleanup at a cost not to exceed $500,000
utilizing appropriations available for the environmental
cleanup of sites under the Department's jurisdiction. The
purpose of the conveyance is to permit the State of Texas to
utilize the property for purposes of a prison.''
______

SA 647. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill H.R. 1591, making emergency supplemental
appropriations for the fiscal year ending September 30, 2007, and for
other purposes; which was ordered to lie on the table; as follows:

On page 72, between lines 7 and 8, insert the following:

SEC. 2504. MAJOR DISASTER OR EMERGENCY BENEFITS.

(a) Fraud in Connection With Major Disaster or Emergency
Benefits.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1040. Fraud in connection with major disaster or
emergency benefits

``(a) Whoever, in a circumstance described in subsection
(b) of this section, knowingly--
``(1) falsifies, conceals, or covers up by any trick,
scheme, or device any material fact; or
``(2) makes any materially false, fictitious, or fraudulent
statement or representation, or makes or uses any false
writing or document knowing the same to contain any
materially false, fictitious, or fraudulent statement or
representation,
in any matter involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection
with a major disaster declaration under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170) or an

[[Page S3778]]

emergency declaration under section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191), or in connection with any procurement of
property or services related to any emergency or major
disaster declaration as a prime contractor with the United
States or as a subcontractor or supplier on a contract in
which there is a prime contract with the United States, shall
be fined under this title, imprisoned not more than 30 years,
or both.
``(b) A circumstance described in this subsection is any
instance where--
``(1) the authorization, transportation, transmission,
transfer, disbursement, or payment of the benefit is in or
affects interstate or foreign commerce;
``(2) the benefit is transported in the mail at any point
in the authorization, transportation, transmission, transfer,
disbursement, or payment of that benefit; or
``(3) the benefit is a record, voucher, payment, money, or
thing of value of the United States, or of any department or
agency thereof.
``(c) In this section, the term `benefit' means any record,
voucher, payment, money or thing of value, good, service,
right, or privilege provided by the United States, a State or
local government, or other entity.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding at
the end the following new item:

``1040. Fraud in connection with major disaster or emergency
benefits.''.
(b) Increased Criminal Penalties for Engaging in Wire,
Radio, and Television Fraud During and Relation to a
Presidentially Declared Major Disaster or Emergency.--Section
1343 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed,
or paid in connection with, a presidentially declared major
disaster or emergency (as those terms are defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)), or'' after ``If the
violation''.
(c) Increased Criminal Penalties for Engaging in Mail Fraud
During and in Relation to a Presidentially Declared Major
Disaster or Emergency.--Section 1341 of title 18, United
States Code, is amended by inserting: ``occurs in relation
to, or involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection
with, a presidentially declared major disaster or emergency
(as those terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)), or'' after ``If the violation''.
(d) Directive to Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance
with this subsection, the United States Sentencing Commission
forthwith shall--
(A) promulgate sentencing guidelines or amend existing
sentencing guidelines to provide for increased penalties for
persons convicted of fraud or theft offenses in connection
with a major disaster declaration under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170) or an emergency declaration under
section 501 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191); and
(B) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives an explanation of actions taken by the
Commission pursuant to subparagraph (A) and any additional
policy recommendations the Commission may have for combating
offenses described in that subparagraph.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall--
(A) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses
described in paragraph (1) and the need for aggressive and
appropriate law enforcement action to prevent such offenses;
(B) assure reasonable consistency with other relevant
directives and with other guidelines;
(C) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(D) make any necessary conforming changes to the sentencing
guidelines; and
(E) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(3) Emergency authority and deadline for commission
action.--The Commission shall promulgate the guidelines or
amendments provided for under this subsection as soon as
practicable, and in any event not later than the 30 days
after the date of enactment of this Act, in accordance with
the procedures set forth in section 21(a) of the Sentencing
Reform Act of 1987, as though the authority under that Act
had not expired.

____________________