Clerk session vote number: 181
Description: Making emergency supplemental appropriations and additional supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, and for other purposes.
Bill summary: U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007
- Title I: Supplemental Appropriations for Defense, International Affairs, and Other Security-Related Needs - Chapter 1
- Makes additional FY2007 appropriations to the Department of Agriculture, Foreign Agricultural Service, for commodities supplied in connection with dispositions abroad under Public Law 480 Title II Grants.
- Makes additional FY2007 appropriations to the
Department of Justice, to remain available through FY2008, for general legal activities, U.S. Attorneys, the U.S. Marshals Service, the National Security Division, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Prison System.
(Sec. 1201) Requires funds provided in this Act for the U.S. Marshals Service and for general legal activities to be made available according to related language in the joint explanatory statement accompanying the conference report on
of the 110th Congress (
H. Rept. 110-107
- Makes emergency supplemental appropriations for the Department of Defense (DOD) for FY2007 for: (1) military personnel; (2) operation and maintenance (O&M); (3) the Afghanistan Security Forces Fund; (4) the Iraq Security Forces Fund; (5) the Iraq Freedom Fund; (6) the Joint Improvised Explosive Device Defeat Fund; (7) procurement; (8) research, development, test and evaluation; (9) Defense Working Capital Funds; (10) the National Defense Sealift Fund; (11) the Defense Health Program; (12) defense drug interdiction and counter-drug activities; and (13) the Intelligence Community Management Account.
(Sec. 1302) Authorizes the Secretary of Defense (Secretary, for purposes of this chapter), in the national interest, to transfer between appropriations up to $3.5 billion of the funds made available to DOD in this title. Requires congressional notification of each transfer.
(Sec. 1306) Authorizes the Secretary to use specified funds to support counter-drug activities of the governments of Afghanistan and Pakistan.
(Sec. 1307) Allows specified O&M funds to be used to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction in Iraq and Afghanistan). Requires quarterly reports from the Secretary to the congressional defense committees on the use of such funds.
(Sec. 1308) Continues through FY2008 required reports from the Secretary to Congress on progress toward military and political stability in Iraq.
(Sec. 1311) Increases from 20 to 287 the number of heavy and light armored vehicles authorized to be purchased by DOD for force protection purposes in Iraq and Afghanistan.
(Sec. 1312) Authorizes the use of specified funds from the Iraq Security Forces Fund to assist the government of Iraq to support the disarmament, demobilization, and reintegration of militias and illegal armed groups.
(Sec. 1313) Provides for the transfer of appropriated funds from specified military accounts to the Economic Support Fund, for use in programs in Pakistan.
(Sec. 1314) States that, hereafter, U.S. strategy in Iraq shall be conditioned on the Iraqi government meeting specified political, security, and economic benchmarks, as told to Members of Congress by the President, the Secretary of State, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, and reflected in the Iraqi government's commitments to the United States and the international community. Requires the President to submit reports to Congress on how the Iraqi government is or is not achieving progress in accomplishing the benchmarks, and to advise Congress on how that assessment requires, or does not require, changes to the strategy announced on January 10, 2007. Provides report deadlines.
Prohibits the obligation or expenditure of funds from the Economic Support Fund unless and until the President certifies that the Iraqi government is making sufficient progress in each of the benchmarks. Allows the President to waive such requirement upon submission to Congress of a detailed justification for the waiver.
Requires the President to direct the orderly redeployment of U.S. forces from Iraq if the components of the Iraqi government reach a consensus, as recited in a resolution, directing a redeployment of U.S. Forces
Requires an independent assessment by the Comptroller General on whether the benchmarks are being met.
Authorizes appropriations for DOD for an independent assessment by a private entity on: (1) the readiness of the Iraqi Security Forces (ISF) to assume security responsibility in Iraq; (2) the training, equipment, command, control, intelligence, and logistics capacity of the ISF; and (3) the likelihood that continued support of U.S. troops will contribute to the readiness of the ISF to fulfill its missions. Requires an assessment results report from such entity to specified congressional committees.
- Makes supplemental appropriations for FY2007 for the Department of Energy, National Nuclear Security Administration, for defense nuclear nonproliferation.
- Makes additional appropriations for FY2007 for DOD for military construction.
(Sec. 1501) Requires that funds provided in this Act for the Military Construction accounts of the Army, Navy and Marine Corps, and Air Force shall be made available under the conditions contained in the joint explanatory statement accompanying the conference report on
of the 110th Congress.
Directs the Secretary to submit to the appropriations committees all reports requested in House Report 110-60 and Senate Report 110-37.
- Makes additional appropriations for FY2007 for the Department of State for: (1) diplomatic and consular programs; (2) the Office of Inspector General; (3) educational and cultural exchange programs; and (4) international peacekeeping activities.
Makes additional appropriations for FY2007 for the Broadcasting Board of Governors for international broadcasting operations.
Makes additional appropriations for FY2007 for the United States Agency for International Development (USAID) for: (1) the Child Survival and Health Programs Fund; (2) international disaster and famine assistance; and (3) operating expenses.
Makes additional appropriations for FY2007 for: (1) the Economic Support Fund; (2) assistance for Eastern Europe and the Baltic States; (3) the Democracy Fund for democracy programs in Iraq; (4) international narcotics and law enforcement; (5) migration and refugee assistance; (6) the United States Emergency Refugee and Migration Assistance Fund; (7) nonproliferation, antiterrorism, demining and related programs; (8) the Department of the Treasury's international affairs technical assistance program; (9) the Foreign Military Financing Program; and (10) peacekeeping operations.
(Sec. 1601) Authorizes the obligation and expenditure of funds appropriated under this title notwithstanding specified provisions of the State Department Basic Authorities Act of 1956, the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, and the National Security Act of 1947.
Title II: Hurricane Katrina Recovery
- Makes additional appropriations to the Department of Homeland Security for disaster relief.
Title III: Additional Defense, International Affairs, and Homeland Security Provisions -
Chapter 1 -
Makes additional appropriations to the Department of Agriculture, Foreign Agricultural Service, for commodities supplied in connection with dispositions abroad under Public Law 480 Title II Grants.
(Sec. 3101) Makes specified appropriations to reimburse the Commodity Credit Corporation for the release of eligible commodities for emergency humanitarian food needs in developing countries under the Bill Emerson Humanitarian Trust Act, in order to replenish the Bill Emerson Humanitarian Trust.
Chapter 2 -
Makes additional appropriations, to remain available through FY2008, to the Department of Justice for the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration.
Allocates certain funds, including funds for the Office of the Inspector General, to implement corrective actions in response to the findings and recommendations in the Office of Inspector General report, "A Review of the Federal Bureau of Investigation's Use of National Security Letters."
(Sec. 3201) Declares that funds provided in this Act to the FBI for salaries and expenses shall be made available according to related language in the joint explanatory statement accompanying the conference report on
of the 110th Congress (
H. Rept. 110-107
- Makes additional appropriations to the Department of Defense (DOD)-Military for: (1) military and reserve personnel of the Army, Navy, Marine Corps, and Air Force; (2) operation and maintenance (O&M), Navy; (3) the Strategic Reserve Readiness Fund; (4) procurement of mine resistant ambush protected vehicles for the Army, Navy, Marine Corps, Air Force, and defense-wide; and (5) the Defense Health Program.
(Sec. 3301) Prohibits any funds from being obligated or expended by the U.S. government to: (1) establish any military installation or base for the permanent stationing of U.S. Armed Forces in Iraq; or (2) exercise U.S. control over any oil resource of Iraq.
(Sec. 3302) Prohibits the use of funds under this Act in contravention of specified laws enacted or regulations promulgated to implement the United Nations (UN) Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
(Sec. 3303) Requires quarterly reports to the congressional defense committees from: (1) the Secretary of Defense on the transition readiness assessments of Iraq and Afghan security forces; and (2) the Director of the Office of Management and Budget (OMB) on proposed uses of funds in the Iraq Security Forces Fund and the Afghanistan Security Forces Fund. Directs the Secretary to notify such committees of any new projects or transfers of such funds between sub-activity groups in excess of $15 million.
(Sec. 3304) Prohibits the obligation of funds to provide award fees to any defense contractor contrary to the provisions of section 814 (Linking of Award and Incentive Fees to Acquisition Outcomes) of the National Defense Authorization Act, Fiscal Year 2007.
(Sec. 3305) Prohibits the obligation of more than 85% of the additional O&M funds in this Act until the Secretary reports to the defense committees on the use of contracted services in the theater of operations in support of U.S. military and reconstruction activities in Iraq and Afghanistan.
(Sec. 3306) Authorizes a member of the Armed Forces, during the period beginning on the date of enactment of this chapter and ending on September 30, 2007, to designate another person (in lieu of a codified list of survivors) to receive up to 50% of the death gratuity payable to such member upon his or her death from active-duty military service.
(Sec. 3307) Directs the Secretary to inspect annually, for maintenance and operation quality control purposes, each DOD military medical treatment facility, each military quarters housing medical hold personnel, and each military quarters housing medical holdover personnel. Requires: (1) the correction of deficiencies found; and (2) a report from the Secretary to the congressional defense committees setting forth appropriate standards in the event that no maintenance or operations standards exist at any such facility, or if current standards are inadequate.
(Sec. 3308) Authorizes the President to award the Medal of Honor to Woodrow W. Keeble for acts of valor during the Korean War.
(Sec. 3309) Requires the transfer of specified funds under the Department of Defense Appropriations Act, 2006 to military construction, Army.
(Sec. 3310) Directs the Secretary, acting through the DOD Office of Economic Adjustment or the DOD Office of Dependents Education, to use specified defense-wide O&M funds to make grants and supplement other federal funds to provide special assistance to local educational agencies in districts adversely affected by significant changes in the military population.
(Sec. 3311) Declares the finding of Congress that: (1) U.S. Military units should not enter into combat unless they are fully capable of performing their assigned mission; and (2) this is the policy of the Department of Defense. Directs the Secretary of Defense to notify Congress of any changes to this policy.
Chapter 4 -
Makes additional appropriations, to remain available until expended, to the Department of Energy, National Nuclear Security Administration, for Defense Nuclear Nonproliferation.
(Sec. 3401) Authorizes the Administrator of the National Nuclear Security Administration to transfer up to $1 million from Defense Nuclear Nonproliferation to the Office of the Administrator during FY2007 supporting nuclear nonproliferation activities.
- Makes additional appropriations, to remain available through FY2008 or until expended, to the Department of Homeland Security (DHS) for: (1) Analysis and Operations to support the State and Local Fusion Center program; (2) Customs and Border Protection (CBP) to increase the number of officers, intelligence analysts, and support staff responsible for container security inspections and for other efforts to improve supply chain security, with a specified amount transferred to the Federal Law Enforcement Training Center for basic training costs; (3) Air and Marine Interdiction, Operations, Maintenance, and Procurement for air and marine operations on the Northern Border; (4) Immigration and Customs Enforcement (ICE); (5) the Transportation Security Administration (TSA) for aviation security, including the procurement and installation of checked baggage explosives detection systems, checkpoint explosives detection pilot systems, and air cargo security, and for Federal Air Marshals; (6) National Protection and Programs for infrastructure protection and information security and for the Office of Health Affairs for nuclear event public health assessment and planning and other activities; (7) the Federal Emergency Management Agency (FEMA), including management and administration, state and local programs (for port security grants, intercity rail passenger transportation, freight rail, and transit security grants, regional grants and regional technical assistance to high risk urban areas for catastrophic event planning and preparedness), and emergency management performance grants; (8) Citizenship and Immigration Services (CIS) to address backlogs of security checks associated with pending applications and petitions; (9) Science and Technology for research, development, acquisition, and operations for air cargo security research; and (10) the Domestic Nuclear Detection Office for non-container, rail aviation, and intermodal radiation detection activities, and for systems acquisition.
(Sec. 3501) Prohibits the use of funds provided in this Act or in the such Act to carry out provisions of the Homeland Security Act of 2002 regarding reorganization.
(Sec. 3502) Directs the Secretary to require all DHS contracts that provide award fees to link such fees to successful acquisition outcomes, which shall be specified in terms of cost, schedule, and performance.
- Makes additional appropriations to: (1) the House of Representatives; and (2) the Government Accountability Office (GAO), to remain available through FY2008.
- Makes additional appropriations, to remain available through FY2008, to DOD for the Department of Defense Base Closure Account 2005.
(Sec. 3701) Prohibits the use of any funds to close Walter Reed Army Medical Center until equivalent medical facilities at the Walter Reed National Medical Center at Naval Medical Center, Bethesda, Maryland, and/or the Fort Belvoir, Virginia, Community Hospital have been constructed and equipped. Requires adequate funding of the Walter Reed Army Medical Center, during any such transition, to maintain the maximum level of inpatient and outpatient services.
(Sec. 3702) Prohibits the use of any funds to reorganize or relocate the functions of the Armed Forces Institute of Pathology (AFIP) until the Secretary of Defense has submitted to the congressional defense and appropriations committees a detailed plan and timetable for the proposed reorganization and relocation. Outlines plan requirements, including consideration of a related study being prepared by the GAO.
(Sec. 3703) Directs the Secretary of the Navy to transfer to the Secretary of the Air Force certain land, easements, and facilities at NASJRB Willow Grove for use by the Pennsylvania National Guard and other DOD components, government agencies, and associated users to perform national defense, homeland security, and emergency preparedness missions.
- Makes additional appropriations, to remain available through FY2008, to the Department of State for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the Office of Inspector General; (3) educational and cultural exchange programs; and (4) international organizations.
Makes additional appropriations, to remain available through FY2008, to the U.S. Agency for International Development (USAID) for: (1) international disaster and famine assistance; and (2) operating expenses, including the Office of Inspector General.
Makes additional appropriations, to remain available through FY2008, to: (1) the Economic Support Fund; (2) the Democracy Fund; (3) international narcotics control and law enforcement; (4) migration and refugee assistance; (5) the United States Emergency Refugee and Migration Assistance Fund; (6) nonproliferation, antiterrorism, demining, and related programs; and (7) the foreign military financing program and peacekeeping operations.
Rescinds specified funds for procurement of a maritime patrol aircraft for the Colombian Navy.
(Sec. 3801) Amends the additional Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004, as amended by the John Warner National Defense Authorization Act for Fiscal Year 2007 and the Iraq Reconstruction Accountability Act of 2006, to: (1) revise the calculation provision for termination of the Office of the Special Inspector General for Iraq Reconstruction; and (2) extend its oversight authority through FY2007.
(Sec. 3802) Prohibits the availability of Economic Support Fund assistance to the government of Lebanon under this Act until the Secretary of State reports to the congressional appropriations committees on Lebanon's economic reform plan and on the specific conditions and verifiable benchmarks agreed upon by the United States and Lebanon pursuant to the Memorandum of Understanding on cash transfer assistance for Lebanon.
Prohibits the availability to Lebanon of military financing or narcotics control/law enforcement fund assistance under this Act until the Secretary reports to the same committees on: (1) procedures established to determine eligibility of members and units of the armed forces and police forces of Lebanon to participate in U.S. training and assistance programs; and (2) the end use monitoring of all equipment provided under such programs.
Requires the Secretary to certify to such committees, before the initial obligation of certain military and antiterrorism assistance funds for Lebanon, that efforts have been made to ensure that such assistance is not provided to terrorist or terrorist-supporting individuals or entities.
(Sec. 3803) Authorizes the use of FY2007 appropriations for Department of the Treasury bilateral economic assistance to assist Liberia in retiring its debts to the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the African Development Bank.
(Sec. 3804) Directs the Department of State to provide GAO staff members country clearances, life support, and logistical and security support necessary for GAO personnel to establish a presence in Iraq for periods of at least 45 days.
(Sec. 3805) Makes the Assistant Secretary of State for Democracy, Human Rights and Labor 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.
(Sec. 3806) Authorizes, and sets forth the conditions under which, the Inspector General of the Department of State and the Broadcasting Board of Governors may use personal services contracts to engage U.S. citizens to support the Office of the Inspector General's oversight of Iraq and Afghanistan programs.
(Sec. 3807) Sets forth specified funding tables.
(Sec. 3808) Directs the Secretary to report to the congressional appropriations committees on planned expenditures of funds under this chapter, except those for International Disaster and Famine Assistance.
(Sec. 3809) Prohibits the availability of economic support fund assistance under this Act to the government of Pakistan for nonproject assistance until the Secretary reports to the congressional appropriations committees on the oversight mechanisms, performance benchmarks, and implementation processes for such funds.
Sets aside amounts for political party development and election observation programs.
(Sec. 3810) Authorizes the use of specified funds under this Act for a civilian reserve corps.
(Sec. 3811) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend for an additional year the availability of certain funds in the Iraq Relief and Reconstruction Fund under the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004, if they are initially obligated before expiration of the period of availability.
(Sec. 3812) Amends the National Defense Authorization Act for Fiscal Year 2006 to authorize special immigrant status for certain Afghan or Iraqi translators or interpreters working with the U.S. Armed Forces or federal agencies under the Chief of Mission in Afghanistan and Iraq. (Currently, such status is authorized for Afghan and Iraqi translators working with U.S. Armed Forces in Afghanistan and Iraq.)
Authorizes: (1) additional FY2007-FY2008 entrants (up to 500 annually); and (2) adjustment to permanent resident status.
Title IV: Additional Hurricane Disaster Relief and Recovery
Chapter 1 -
(Sec. 4101) Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to carry out an emergency forestry conservation reserve pilot program beyond 2006 in states determined to have suffered damage to merchantable timber in counties affected by hurricanes during 2005.
- Makes additional appropriations to the Department of Justice (DOJ) for state and local law enforcement assistance for discretionary grants authorized under the Omnibus Crime Control and Safe Streets Act of 1968, as in effect on September 30, 2006. Provides that such amounts shall be for local law enforcement initiatives in the Gulf Coast region related to the aftermath of Hurricanes Katrina and Rita and shall be apportioned among the states in quotient to their level of violent crime as estimated by the Federal Bureau of Investigation's (FBI) Uniform Crime Report for 2005.
Makes additional appropriations to the Department of Commerce for the National Oceanic and Atmospheric Administration (NOAA) for Operations, Research, and Facilities for necessary expenses related to the consequences of Hurricanes Katrina and Rita on the shrimp and fishing industries.
Makes additional appropriations to the National Aeronautics and Space Administration (NASA) for necessary expenses related to the consequences of Hurricane Katrina.
(Sec. 4201) Declares that funds provided in this Act to NOAA for Operations, Research, and Facilities shall be made available according to the language relating to such account in the joint explanatory statement accompanying the conference report on
of the 110th Congress (
H. Rept. 110-107
(Sec. 4202) Makes sums available to NASA for emergency hurricane and other natural disaster-related expenses to reimburse hurricane-related costs incurred by NASA in FY2005.
- Makes additional appropriations to the Department of the Army, Corps of Engineers-Civil, for construction for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, which may be used to continue construction of projects related to interior drainage for the greater New Orleans metropolitan area.
Authorizes the use of specified funds by the Secretary of the Army to: (1) carry out projects and measures related to flood control and coastal emergencies for the West Bank and Vicinity and Lake Ponchartrain and Vicinity, Louisiana, projects; (2) support emergency operations, repairs, and other activities in response to flood, drought, and earthquake emergencies as authorized by law; and (3) implement the projects for hurricane storm damage reduction, flood damage reduction, and ecosystem restoration within Hancock, Harrison, and Jackson Counties, Mississippi, in accordance with the Report of the Chief of Engineers dated December 31, 2006. Directs the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, to provide a monthly report to the House and Senate Appropriations Committees detailing the allocation and obligation of these funds.
(Sec. 4301) Directs the Secretary to: (1) determine the value of eligible reimbursable expenses incurred by local governments in storm-proofing pumping stations, constructing safe houses for operators, and other interim flood control measures in and around the New Orleans metropolitan area that the Secretary determines to be integral to the overall plan to ensure operability of the stations during hurricanes, storms, and high water events and the flood control plan for the area; and (2) utilize funds remaining available for obligation from amounts appropriated for Flood Control and Coastal Emergencies for projects in the greater New Orleans metropolitan area to prosecute such projects in a manner which promotes the goal of continuing work at an optimal pace while maximizing levels of protection to reduce the risk of storm damage to people and property.
(Sec. 4303) Directs the Chief of Engineers to investigate and report to Congress on the overall technical advantages, disadvantages, and operational effectiveness of: (1) operating the new pumping stations at the mouths of the 17th Street, Orleans Avenue, and London Avenue canals in the New Orleans area directed for construction concurrently or in series with existing pumping stations serving these canals; (2) removing the existing pumping stations and configuring the new pumping stations and associated canals to handle all needed discharges; and (3) replacing or improving the floodwalls and levees adjacent to the three outfall canals.
(Sec. 4304) Directs the Secretary to accelerate completion of a comprehensive plan to deauthorize deep draft navigation on the Mississippi River Gulf Outlet.
- Makes specified unobligated balances from appropriations to the Small Business Administration's (SBA) Disaster Loans Program Account available for administrative expenses to carry out the disaster loan program. Requires specified sums to be used for loans for businesses located in an area for which the President declared a major disaster because of the hurricanes in the Gulf of Mexico in 2005.
Transfers a certain portion of such balances to the FEMA Disaster Relief account.
- Makes additional FY2007 appropriations to DHS for FEMA for Disaster Relief, with a portion to be transferred to the Office of Inspector General.
Directs the Government Accountability Office to review how FEMA develops its estimates of the funds needed to respond to any given disaster as described in House Report 110-60 accompanying
(Sec. 4501) Sets the federal share of assistance provided for Louisiana, Mississippi, Florida, Alabama, and Texas in connection with Hurricanes Katrina, Wilma, Dennis, and Rita under the Stafford Act at 100% of eligible costs. Provides that such federal share shall apply to disaster assistance applied for before this Act's enactment.
States that the federal share of certain disaster assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act shall be limited to assistance provided for projects for which a "request for public assistance form" has been submitted.
(Sec. 4502) Amends the Community Disaster Loan Act of 2005 and the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to repeal prohibitions against canceling certain disaster loans authorized under the Stafford Act to assist local governments in providing essential services.
(Sec. 4503) Extends the period for which FEMA may provide funds to a state or local government to pay utility costs resulting from the provision of temporary housing units to evacuees from hurricanes of the 2005 season.
- Makes additional FY2007 appropriations to the Department of the Interior for the National Park Service (NPS) for the Historic Preservation Fund for necessary expenses related to the consequences of the 2005 hurricanes, subject to specified requirements.
(Sec. 4601) Permits specified relief funds for Hurricane Katrina and other 2005 hurricane damage that were allocated to Mississippi by NPs to be used to reconstruct qualified properties that were listed in the National Register of Historic Places at the time of destruction.
- Makes additional appropriations to the Department of Education for: (1) institutions of higher education located in major disaster areas which were forced to close, relocate, or significantly curtail their activities as a result of hurricane damage; (2) specified Hurricane Education Recovery activities in Louisiana, Mississippi, and Alabama; and (3) programs to restart elementary and secondary school operations.
(Sec. 4701) Amends the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 to extend through FY2008 specified waiver authority of the Secretary of Agriculture, especially authority to waive application of the rural area or similar limitations under any program administered by the Rural Development Mission Area, for the emergency watershed protection program in 2005 hurricane disaster areas.
(Sec. 4702) Makes available for state expenditure through FY2008 certain Social Services Block Grant funds for necessary expenses related to the consequences of the 2005 hurricanes, which have been provided under the additional Appropriations to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006.
(Sec. 4703) Authorizes the Secretary of Health and Human Services, for FY2008-FY2009, to waive certain matching funds requirements of the Public Health Service Act for grants for health care and support services for individuals and families with HIV/AIDS in Louisiana, Mississippi, Alabama, and Texas, if such states fail to meet those match requirements for FY2006 or FY2007. Prohibits such a waiver, however, that would allow a grantee to provide less than a 25% matching grant.
Requires such states, and any eligible metropolitan area in them, to comply with each applicable grant program requirement.
- Makes additional appropriations for the Department of Transportation (DOT) for: (1) the Federal Highway Administration for the emergency relief program; and (2) the Federal Transit Administration for operating and capital costs of transit services.
Makes additional appropriations to the Department of Housing and Urban Development (HUD) for the Office of Inspector General.
(Sec. 4801) Amends the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 to extend until December 31, 2007, the authority of the HUD Secretary to waive requirements for income eligibility and tenant contribution under section 8 of the United States Housing Act of 1937 with respect to tenant-based rental assistance in public and Indian housing.
(Sec. 4802) Prescribes formulae for the funding of three specified categories of public housing agencies during calendar 2007.
(Sec. 4803) Amends the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 to extend through calendar 2007 the authority of the HUD Secretary to permit a public housing agency to combine assistance under the United States Housing Act of 1937 to facilitate the use of funds to assist families who were receiving housing assistance immediately before the 2005 hurricanes and were displaced from their housing by them.
Chapter 9 -
Makes additional appropriations to the Department of Veterans Affairs, to remain available through FY2008, for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season.
Rescinds the same amount from certain funds otherwise made available through FY2007 by the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 for minor projects construction by the Department of Veterans Affairs.
Title V: Other Emergency Appropriations
- (Sec. 5101) Makes additional appropriations to the Secretary of Agriculture, to remain available until expended, for programs and activities providing recovery assistance in response to major disaster damage in Kansas from severe storms, tornadoes, and flooding (FEMA-1699-DR, dated May 6, 2007) for needs not met by FEMA or private insurers.
Authorizes the Secretary use such funds to respond to any other presidential declaration of major disaster issued during FY2007 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or a Secretary of Agriculture declaration of a natural disaster, for events occurring before the enactment of this Act.
- Makes additional appropriations to the Department of Commerce, to remain available through FY2008, for the National Oceanic and Atmospheric Administration (GNU) for Operations, Research, and Facilities. Directs the National Marine Fisheries Service to cause distribution of such amounts among eligible recipients of assistance for the commercial fishery failure declared by the Secretary of Commerce on August 10, 2006.
- Makes additional appropriations to the Department of the Army, Corps of Engineers-Civil, for: (1) certain flood damage reduction studies and associated construction; (2) operation and maintenance to dredge navigation channels related to consequences of the 2005 hurricanes; and (3) flood control and coastal emergencies to support emergency operations, repairs, and other activities in response to flood, drought, and earthquake emergencies.
Makes additional appropriations to the Department of the Interior for the Bureau of Reclamation for water and related resources to assist drought plagued areas of the West.
- Makes additional appropriations to the Department of the Interior for: (1) the Bureau of Land Management (BLM) for urgent wildland fire suppression activities; and (2) the U.S. Fish and Wildlife Service, the National Park Service (NPs), and the U.S. Geological Survey for the detection of highly pathogenic avian influenza in wild birds.
Makes additional appropriations to the Department of Agriculture for: (1) the National Forest System for implementation of a nationwide initiative to increase protection of national forest lands from drug-trafficking organizations; and (2) wildland fire management.
(Sec. 5401) Appropriates additional funds to the Department of Agriculture for FY2007 for payments to be made, to the maximum extent practicable, in the same amounts and in the same manner as were paid to states and counties in 2006 under the Secure Rural Schools and Community Self-Determination Act of 2000.
- Makes additional appropriations to the Department of Health and Human Services for the Centers for Disease Control and Prevention, for: (1) research to develop mine safety technology; and (2) purposes related to the September 11, 2001, terrorist attacks on the United States.
(Sec. 5501) Rescinds certain funds from unexpended balances available for Training and Employment Services and State Unemployment Insurance and Employment Service Operations of the Department of Labor.
(Sec. 5502) Makes additional funds available to the Department of Education for Safe and Drug-Free Schools National Programs for competitive grants to local educational agencies (LEAs) to address youth violence and related issues.
(Sec. 5503) Declares that unobligated balances from funds appropriated to the Department of Health and Human Services in the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 for bioterrorism preparedness and disaster response activities in the Office of the Secretary shall also be available for the construction, renovation, and improvement of facilities on federally-owned land for continuity of operations activities.
- Makes additional appropriations to: (1) the U.S. Capitol Police, to remain available until expended, for a radio modernization program; and (2) the Architect of the Capitol, to remain available through FY2011, for utility tunnel repairs and asbestos abatement in the Capitol Power Plant.
- Makes additional appropriations to the Department of Veterans Affairs (VA) for the Veterans Health Administration for: (1) medical services; (2) medical administration; (3) medical facilities; (4) medical and prosthetic research; (5) general operating expenses; (6) information technology systems; and (7) minor projects construction.
(Sec. 5701) Requires the Director of the Congressional Budget Office (CBO) to report to the congressional appropriations committees projecting appropriations necessary for Department of Defense (DOD) and VA to continue providing necessary health care to veterans of the conflicts in Iraq and Afghanistan.
(Sec. 5702) Declares that appropriations made by the Revised Continuing Appropriations Resolution, 2007, which the Secretary of Veterans Affairs contributes to the Department of Defense/Department of Veterans Affairs Health Care Sharing Incentive Fund, shall remain available until expended for any authorized purpose of the Fund.
(Sec. 5703) Authorizes the Secretary of Veterans Affairs to convey to the state of Texas, without consideration, all federal right, title, and interest in and to specified real property comprising the location of the Marlin, Texas, Department of Veterans Affairs Medical Center, for the purposes of a prison. Authorizes environmental cleanup on the parcel to be conveyed.
(Sec. 5704) States that funds provided in this chapter shall be made available for programs under the conditions contained in certain language of the joint explanatory statement of managers accompanying the conference report on
of the 110th Congress (
H. Rept. 110-107
Directs the Secretary of Veterans Affairs to submit all reports requested in House Report 110-60 and Senate Report 110-37 to the congressional appropriations committees.
(Sec. 5705) Amends federal veterans law to terminate on September 30, 2007, the authority of the Secretary of Veterans Affairs under the demonstration program of referral and counseling for veterans transitioning from certain institutions who are at risk for homelessness.
Title VI: Other Matters
- Makes additional appropriations for salary and expenses to the Department of Agriculture, Farm Service Agency.
(Sec. 6101) Allocates FY2007 funding for the Office of Women's Health of the Food and Drug Administration (FDA).
(Sec. 6102) Prohibits use of funds available to the Department of Agriculture (USDA) for FY2007 to implement the risk-based inspection program in the 30 prototype locations announced on February 22, 2007, by the Under Secretary for Food Safety, or at any other locations, until: (1) the USDA Office of Inspector General (OIG) has provided its findings to the Food Safety and Inspection Service (FSIS) and congressional appropriations committees on the data used in support of the development and design of such program; and (2) FSIS has addressed and resolved issues identified by OIG.
- (Sec. 6201) Classifies federal employees at the National Energy Technology Laboratory as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998.
(Sec. 6202) Prohibits use of funds made available during FY2007 to make, plan, or prepare to make, any payment on bonds issued by the Administrator of the Bonneville Power Administration 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 Administrator's rate hearing using the repayment method used to establish the Administrator's rates as in effect on October 1, 2006; and (2) based or conditioned on the Administrator's actual or expected net secondary power sales receipts.
- (Sec. 6301) Amends the Help America Vote Act of 2002 to extend from the first federal election after January 1, 2006, until the first federal election after March 1, 2008, the election by which a state must ensure that all punch card or lever voting systems in qualifying precincts must be replaced, if it certifies to the Election Assistance Administration that it will not meet the original deadline.
(Sec. 6302) Requires the structure of any of the offices or components within the Office of National Drug Control Policy to remain as they were on October 1, 2006. Prohibits use of the funds appropriated or otherwise made available in the Revised Continuing Appropriations Resolution, 2007 to implement a reorganization of offices within such Office without the explicit approval of the congressional appropriations committees.
(Sec. 6303) Authorizes the National Archives and Records Administration to obligate certain monies for the Public Interest Declassification Board.
(Sec. 6304) Authorizes the District of Columbia Courts, notwithstanding a certain notice requirement, to reallocate specified FY2007 funds for the federal payment to such Courts from facilities to operations.
(Sec. 6305) Requires the Secretary of the Treasury, in coordination with the Securities and Exchange Commission (SEC), to report to specified congressional committees the names of all companies which either directly or indirectly conduct business operations in Sudan relating to natural resource extraction (including oil-related activities and mining of minerals). Excludes companies operating under licenses from the Office of Foreign Assets Control or otherwise expressly exempted under federal law from having to obtain such licenses in order to operate in Sudan.
Requires the General Services Administration (GSA) to notify the appropriate congressional committees whether the federal government has an active procurement contract with any of the identified companies, as well as the nature of the contract and dollar amounts involved.
(Sec. 6306) Rescinds specified FY2007 funds provided for the GSA Office of the Inspector General in the Revised Continuing Appropriations Resolution, 2007. Makes additional funds, in the same amount, available to GSA for such purpose, to remain available through FY2008.
Directs the Office of Inspector General to use specified funds: (1) to hire additional staff for internal audits and investigations; and (2) for one-time associated needs such as information technology and other such administrative support.
(Sec. 6307) Amends the Revised Continuing Appropriations Resolution, 2007 to require any appropriation or funds made available to the District of Columbia for the federal payment for foster care improvement to be available in accordance with a detailed expenditure plan submitted by the Mayor within 60 days after the enactment of this Act.
(Sec. 6308) Declares the sense of Congress that the Small Business Administration will provide, through funds available within amounts already appropriated for Small Business Administration disaster assistance, physical and economic injury disaster loans to Kansas businesses and homeowners devastated by the severe tornadoes, storms, and flooding that occurred beginning on May 4, 2007.
- (Sec. 6401) Requires up to a specified amount of unobligated balances remaining from prior appropriations for U.S. Coast Guard retired pay to remain available until expended, including for payment of obligations otherwise chargeable to lapsed or current appropriations.
Requires the Coast Guard by a certain date to submit to the congressional appropriations committees: (1) a report on steps being taken to improve the accuracy of its estimates for the Retired Pay appropriation; and (2) quarterly reports on the use of unobligated balances made available by this Act to address the projected shortfall in the Retired Pay appropriation, as well as updated estimates for FY2008.
(Sec. 6402) Requires major procurement contracts, first-tier subcontracts, delivery or task orders entered into by the Coast Guard, first-tier subcontracts under them, and tasks or delivery orders issued pursuant to such contracts or subcontracts to contain specified requirements.
Prohibits the Commandant from entering into any procurement for lead asset production, or implement any major asset design change, unless an independent third party with no financial interest in any Program component determines that such action is advisable.
Prohibits obligation of certain funds available for the Integrated Deepwater Systems program until congressional appropriations committees receive an expenditure plan directly from the Coast Guard meeting specified criteria.
(Sec. 6403) Prohibits the use of funds 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 enactment of this Act.
(Sec. 6404) Rescinds specified unobligated balances made available pursuant to the Department of Homeland Security Act, 2006 to the Department of Homeland Security (DHS).
Makes additional appropriations to: (1) the U.S. Coast Guard for acquisition, construction, and improvements, to remain available through FY2009, to mitigate the Service's patrol boat operational gap; and (2) the Office of the Under Secretary for Management for an independent study to compare the DHS senior career and political staffing levels and senior career training programs with those of similarly structured cabinet-level agencies.
Directs DHS to report to the congressional appropriations committees on senior staffing, and the Government Accountability Office to report on the strengths and weakness of this senior staffing report within 90 days after its submission.
(Sec. 6405) Prohibits entities performing lead system integrator functions in the acquisition of a major system by DHS after June 1, 2007, from having any direct financial interest in the development or construction of any individual system or element of any system of systems.
Allows an exception to this prohibition for a particular entity if: (1) the Secretary of Homeland Security certifies to specified congressional committees that the entity was selected to develop or construct the system or element concerned through the use of competitive procedures, and DHS took appropriate steps to prevent any organizational conflict of interest in the selection process; or (2) a subcontractor selected the entity to serve as a lower-tier subcontractor, through a process over which the entity exercised no control.
Requires the Secretary to update DHS acquisition regulations by June 1, 2007, to reflect this section.
- (Sec. 6501) Amends the Revised Continuing Appropriations Resolution, 2007 to make certain funds available for: (1) contract support costs of the Department of the Interior, Bureau of Indian Affairs, Operation of Indian Programs; (2) the Department of Health and Human Services for the Indian Health Service; and (3) the Department of Agriculture for the Save America's Treasures program of the Forest Service.
(Sec. 6504) Makes certain FY2007 funds available to the Department of the Interior, U.S. Fish and Wildlife Service for land conservation partnerships authorized by the Highlands Conservation Act of 2004.
- Transfers to the Public Health and Social Services Emergency Fund, to carry out advanced research and development activities, certain funds provided by the Revised Continuing Appropriations Resolution, 2007 to the Department of Health and Human Services for the National Institute of Allergy and Infectious Diseases and for the Office of its Director.
Makes additional appropriations to the National Council on Disability, to remain available until expended, for necessary expenses related to the requirements of the Post-Katrina Emergency Management Reform Act of 2006, as enacted by the Department of Homeland Security Appropriations Act, 2007.
(Sec. 6601) Amends the Revised Continuing Appropriations Resolution, 2007 to require the Pension Benefit Guaranty Corporation to transfer certain funds, to remain available through FY2008, to the Employee Benefits Security Administration, Department of Labor for the development of an electronic Form 5500 filing system (EFAST2).
(Sec. 6602) Prohibits the use of certain funds available to the Mine Safety and Health Administration under the Revised Continuing Appropriations Resolution, 2007 to enter into or carry out a contract for the performance by a contractor of any operations or services pursuant to the public-private competitions conducted under Office of Management and Budget Circular A-76.
Requires the classification of federal employees at the Mine Safety and Health Administration as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998.
(Sec. 6603) Amends the Revised Continuing Appropriations Resolution, 2007 to provide funding for the Women's Bureau in the Department of Labor.
(Sec. 6604) Makes specified funds available to Poison Control Centers in the Department of Health and Human Services from funds appropriated in the Revised Continuing Appropriations Resolution, 2007 for its Health Resources and Services Administration.
(Sec. 6605) Rescinds $500,000 from funds made available by the Revised Continuing Appropriations Resolution, 2007 to the Department of Health and Human Services for the Office of the Secretary.
(Sec. 6606) Amends the Revised Continuing Appropriations Resolution, 2007 to increase the amount available to the Department of Education, Education for the Disadvantaged for basic grants, school improvement grants, and grants for quality initiatives for as well as a clearinghouse on comprehensive school reform.
(Sec. 6607) Makes the mandatory funding in the Department of Education Appropriations Act, 2006 for alternative financing programs under the Assistive Technology Act of 1998 inapplicable to the Revised Continuing Appropriations Resolution, 2007.
(Sec. 6608) Rescinds $500,000 from funds made available by the Revised Continuing Appropriations Resolution, 2007 for administrative expenses of the Department of Education. Exempts from such rescission those funds available to the Office for Civil Rights and the Office of the Inspector General.
(Sec. 6609) Authorizes the Chief Executive Officer of the Corporation for National and Community Service to transfer up to a certain amount of funds from the Corporation's operating expenses account to its salaries and expenses account.
(Sec. 6610) Makes 45 CFR 1310.12(a), which requires use of school buses or allowable alternate vehicles for the transport of Head Start children, effective 30 days after enactment of this Act.
Requires the Secretary of Health and Human Services to review and revise allowable alternate vehicle standards (or any corresponding similar regulation or ruling), consistent with specified findings, to exempt from federal seat spacing and supporting seating requirements related to compartmentalization any vehicle used to transport children for a Head Start program, if the vehicle meets all other applicable federal motor vehicle safety standards, including those for seating systems, occupant crash protection, seat belt assemblies, and child restraint anchorage systems.
Provides that, until the Secretary completes such review and revision, the provisions of 45 CFR 1310.12(a) relating to federal seat spacing and supporting seating requirements related to compartmentalization shall not apply to any allowable alternate vehicle used to transport children for a Head Start program if it meets all other applicable federal motor vehicle safety standards.
(Sec. 6611) Amends the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Pension Protection Act of 2006, and the Internal Revenue Code with respect to the option of a multiemployer plan to revoke an earlier, otherwise irrevocable election not to be treated as one (that is, to opt once again to be treated as a multiemployer plan).
Revises the criteria a plan must meet to make such an election, particularly the dating of the three recent plan years during which the plan would have qualified as a multiemployer plan if if had not made the earlier election not to be treated as one.
(Sec. 6612) Amends the Internal Revenue Code with respect to the qualified transfer of any excess pension assets of a defined benefit plan to a health benefits account which is part of such plan.
Revises requirements for qualified transfers to cover collectively bargained retiree health benefits.
(Sec. 6614) Amends the Pension Protection Act of 2006 to make a technical amendment to special funding rules for certain plans maintained by commercial passenger airlines which are not multiemployer plans. Extends the last applicable plan year for which the plan is covered by the old minimum funding standards, and thereby exempt from the revised standards under such Act.
(Sec. 6615) Amends the Pension Protection Act of 2006 with respect to the election of special funding rules by the sponsor of a non-multiemployer (single-employer) defined benefit pension plan maintained by a commercial passenger airline. Requires the sponsor electing to use ERISA and Internal Revenue Code minimum funding standards to use, in determining the funding target for each of the plan years during a specified 10-year period, an interest rate of 8.25% percent (rather than the segment rates calculated on the basis of the corporate bond yield curve).
- Makes additional appropriations to the legislative branch for a payment to: (1) Gloria W. Norwood, widow of Charles W. Norwood, Jr., a Representative from Georgia; and (2) James McDonald, Jr., widower of Juanita Millender-McDonald, a Representative from the State of California.
(Sec. 6701) Establishes in the Office of the Architect of the Capitol (AOC) the position of Chief Executive Officer for Visitor Services, appointed by the AOC, who shall be responsible for the operation and management of the Capitol Visitor Center, subject to AOC direction.
- (Sec. 6801) Makes inapplicable to the Revised Continuing Appropriations Resolution, 2007 specified earmarks in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (FOEFRPA 2006) for assistance for Ukraine for nuclear reactor safety initiatives and coal mine safety programs.
Amends FOEFRPA 2006 to exempt the Middle East Foundation, or any other similar entity whose purpose is to support democracy, governance, human rights, and the rule of law in the Middle East region, from any requirement that a majority of its board of directors be U.S. Citizens.
(Sec. 6802) Makes certain funding limitations inapplicable to FY2007 appropriations for the administration of foreign affairs, diplomatic, and consular programs.
- Makes additional appropriations for salaries and expenses to the Department of Housing and Urban Development (HUD) for the Office of Federal Housing Enterprise Oversight.
(Sec. 6901) Authorizes the obligation or expenditure of Department of Transportation funds to grant authority to a Mexican motor carrier to operate beyond U.S. 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) the pilot program complies with federal requirements; and (3) simultaneous and comparable authority to operate within Mexico is made available to motor carriers domiciled in the United States.
Prescribes monitoring, reporting, and certain action requirements for such pilot program.
Requires a separate pilot program, limited to vehicles of the pertinent type, if the Secretary of Transportation in any fiscal year seeks to grant operating authority to initiate cross-border operations beyond U.S. Municipalities and commercial zones on the U.S.-Mexico border either with Mexico-domiciled motor coaches or Mexico-domiciled commercial motor vehicles carrying placardable quantities of hazardous materials. Requires each such separate pilot program to: (1) follow the same requirements and processes stipulated for the main pilot program; and (2) be planned, conducted and evaluated in concert with DHS or its Inspector General.
(Sec. 6902) States that certain funds provided for the National Transportation Safety Board (salaries and expenses) under the Revised Continuing Appropriations Resolution, 2007 include amounts necessary to make certain capital lease payments due in FY2007.
(Sec. 6903) Amends the Revised Continuing Appropriations Resolution, 2007 and the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 with respect to the funding of section 8 tenant protection rental assistance costs and project-based rental assistance.
(Sec. 6904) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2001 to revise requirements for the renewal of expiring project-based certificate projects under the public housing agency project-based voucher program.
Title VII: Elimination of SCHIP Shortfall and Other Health Matters
- Makes additional FY2007 appropriations (to the Department of Health and Human Services, Centers for Medicare and Medicaid Services, State Children's Health Insurance Fund) to provide additional allotments to remaining FY2007 SCHIP shortfall states.
(Sec. 7001) Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to allot each remaining SCHIP shortfall state the amount necessary to eliminate the remainder of FY2007 funding shortfalls.
(Sec. 7002) Imposes a one-year moratorium on implementation of a proposed rule ("Medicaid Program; Cost Limit for Providers Operated by Units of Government and Provisions To Ensure the Integrity of Federal-State Financial Partnership") relating to the federal-state financial partnerships under SCHIP and SSA title XIX (Medicaid).
Prohibits the Secretary of Health and Human Services, at any time before the end of such one-year period, from taking any action to: (1) finalize (or otherwise implement) provisions contained in the proposed rule; or (2) restrict Medicaid payments for graduate medical education (GME).
Declares that the Secretary shall not be prohibited during such moratorium from taking any administrative action to: (1) enforce a provision of law in effect as of the date of enactment of this Act with respect to the Medicaid program or SCHIP; or (2) promulgate or implement a new rule or provision during such period with respect to such programs, other than one subject to this moratorium.
Amends SSA title XIX (Medicaid) to require the use of tamper-resistant prescription pads under the Medicaid program.
Authorizes any state operating a Pharmacy Plus waiver which would otherwise expire on June 30, 2007, to elect to continue to operate it through December 31, 2009. Describes a Pharmacy Plus waiver as a Secretary-approved waiver of certain federal requirements for state Medicaid plans regarding a state (Wisconsin) demonstration program that provides coverage for prescription drugs for individuals age 65 or over whose family income does not exceed 200% of the poverty line.
Title VIII: Fair Minimum Wage and Tax Relief
Subtitle A: Fair Minimum Wage
- Fair Minimum Wage Act of 2007 - (Sec. 8102) Amends the Fair Labor Standards Act of 1938 to increase the federal minimum wage to: (1) $5.85 an hour on the 60th day after the enactment of this Act; (2) $6.55 an hour 12 months after that 60th day; and (3) $7.25 an hour 24 months after that 60th day. Makes such minimum wage increases applicable to American Samoa and the Commonwealth of the Northern Mariana Islands on a different transitional basis.
(Sec. 8104) Directs the Secretary of Labor to study and report to Congress within eight months after the enactment of this Act on: (1) the impact of such minimum wage increases; and (2) the impact of any further increases on living standards and rates of employment in American Samoa and the Commonwealth of the Northern Mariana Islands.
Subtitle B: Small Business Tax Incentives
- Small Business and Work Opportunity Tax Act of 2007 -
Part 1: Small Business Tax Relief Provisions
Subpart A: General Provisions
- (Sec. 8211) Amends the Internal Revenue Code to extend the work opportunity tax credit through August 31, 2011.
Establishes as a new targeted group under such credit designated community residents (in lieu of high risk youth). Requires such residents to be between 18 and 40 and have a principal place of abode in an empowerment zone, enterprise community, renewal community, or rural renewal community (defined as an area outside a metropolitan statistical area that has had a net population loss during specified periods).
Modifies the definition of vocational rehabilitation referral for purposes of such credit to include certain individual work plans developed and implemented by an employment network under the Social Security Act.
Expands the eligibility of disabled veterans for such credit and increases the amount of their wages eligible for such credit from $6,000 to $12,000.
(Sec. 8212) Increases to $125,000 (with annual inflation adjustments) the expensing allowance for small business assets and extends such expensing allowance through 2010.
(Sec. 8213) Allows employers to claim a business tax credit for social security taxes paid with respect to employee cash tips without regard to any increase in the federal minimum wage rate.
(Sec. 8214) Allows a full credit against alternative minimum tax liability for the work opportunity tax credit and the tax credit for social security taxes paid with respect to employee cash tips.
(Sec. 8215) Allows married couples who file joint tax returns to elect to conduct their business activities as qualified joint ventures without being taxed as a partnership. Defines "qualified joint venture" as a trade or business entity in which the only members are a husband and wife who materially participate in such ventures. Allows participating spouses to conduct their individual business activities as sole proprietors and divide their items of income and expense in accordance with their respective interests in such venture.
Subpart B: Gulf Opportunity Zone Tax Incentives
- (Sec. 8221) Amends the Internal Revenue Code to extend through 2008 the increased expensing allowance for business property in the Gulf Opportunity Zone.
(Sec. 8222) Qualifies certain buildings in the Gulf Opportunity Zone, the Rita GO Zone, and the Wilma GO Zone placed in service before 2011 for the housing tax credit without regard to certain otherwise applicable restrictions if such buildings receive (or received) a state or local housing credit allocation in 2006, 2007, or 2008.
Extends through 2010 the treatment of GO Zones as difficult development areas for purposes of the increased housing tax credit.
Excludes certain assistance provided under the Housing and Community Development Act of 1974 (e.g., community development block grants), the Department of Defense Appropriations Act, 2006, or the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, in determining whether GO Zone buildings eligible for the housing tax credit are federally subsidized and therefor subject to limitations on such tax credit.
(Sec. 8223) Treats qualified GO Zone repair and reconstruction loans provided prior to January 1, 2011, as qualified rehabilitation loans for purposes of the tax exemption for exempt facility and mortgage bonds.
(Sec. 8224) Directs the Comptroller General to study and report to the House Ways and Means Committee and the Senate Finance Committee on state and local practices in allocating and utilizing tax incentives provided by this Act. Requires such committees to hold public hearings if the report includes findings of significant fraud, waste, or abuse.
Subpart C: Subchapter S Provisions
- (Sec. 8231) Redefines "passive investment income" for purposes of S corporation revocation rules to exclude gain from the sale or exchange of stock or securities as an item of passive investment income.
(Sec. 8232) Excludes restricted bank director stock from treatment as S corporation stock.
(Sec. 8233) Sets forth a special accounting rule for banks that become S corporations and that change from the reserve method of accounting for bad debts.
(Sec. 8234) Revises the tax treatment of sales of stock of wholly-owned subsidiaries of S corporations.
(Sec. 8235) Sets forth a special rule for the treatment of the pre-1983 accumulated earnings and profits of certain corporations described by the Small Business Jobs Protection Act of 1996.
(Sec. 8236) Allows a tax deduction for any interest expense paid or accrued on indebtedness incurred by an electing small business trust (ESBT) to acquire stock in an S corporation.
Part 2: Revenue Provisions
- (Sec. 8241) Expands the age limitation provisions for minor children whose unearned income is treated as income of their parents for income tax purposes to include certain dependents under age 19 and students under the age of 24.
(Sec. 8242) Increases from 18 to 36 months the period during which the Internal Revenue Service (IRS) is required to notify taxpayers of tax deficiencies before the suspension period for interest and penalties on underpayments of tax takes effect.
(Sec. 8243) Allows a levy on taxpayer assets to satisfy employment tax liabilities without granting a pre-levy collection due process hearing.
(Sec. 8244) Makes permanent the authority for charging IRS user fees.
(Sec. 8245) Increases the penalty for tendering a bad check or money order for payment of taxes.
(Sec. 8246) Extends to all types of tax returns (currently, limited to income tax returns) tax penalties on tax return preparers. Increases penalties for understatements of tax due by tax return preparers who take unrealistic positions or engage in willful or reckless conduct in preparing returns.
(Sec. 8247) Imposes a penalty for the filing of erroneous tax refund claims.
(Sec. 8248) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase in the third quarter of 2012 the estimated tax rate (from 106.25% to 114.25%) for corporations with assets of $1 billion or more.
Subtitle C: Small Business Incentives
- Small Business and Work Opportunity Act of 2007 - (Sec. 8302) Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to revise requirements for small business regulatory compliance guides by: (1) requiring such guides to be published on the website of the federal agency promulgating a rule requiring small business compliance; (2) making such guides available to small businesses at the same time a federal agency rule becomes effective; and (3) including in such guides an explanation of actions a small business must take to comply with a federal agency rule. Requires each agency head to report annually to specified congressional committees on the agency's compliance with such requirements.
(Sec. 8303) Directs the Secretary of Health and Human Services to establish a grant program to assist states in encouraging the establishment and operation of employer-operated child care centers. Prohibits states from awarding a grant in excess of $500,000 to any single grant applicant. Requires states to report misuse of grant funds to the Secretary.
Requires the Secretary to conduct a two-year and a four-year study on various aspects of the employer-provided child care program and to report to Congress on such studies. Authorizes appropriations. Terminates such program after FY2012.
(Sec. 8304) Requires the Secretary of the Treasury to study and report to Congress on the benefits, costs, and other consequences of making the program for advance payment of the earned income tax credit available to all recipients of such credit.
(Sec. 8305) Amends the Small Business Act to allow existing women's business centers to apply for three-year grants on an ongoing basis. Prohibits such centers from disclosing information about any assistance recipient without the recipient's consent except pursuant to a civil or criminal enforcement action or as required for financial auditing purposes.
(Sec. 8306) Amends the Buy American Act to require the head of each federal agency to report to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on the amount of agency acquisitions in FY2007-FY2011 of articles, materials, and supplies manufactured outside the United States. Requires such reports to be made publicly available. Exempts intelligence agencies from such requirement.
Title IX: Agricultural Assistance
- (Sec. 9001) Appropriates FY2007 amounts for emergency financial assistance to producers on a farm that incurred qualifying quantity or quality losses for the 2005 or 2006 crop, or that part of the 2007 crop year before February 28, 2007, due to damaging weather or any related condition (including crop diseases, insects, and delayed planting). Requires that an eligible crop must have been planted before February 28, 2007, or in the case of prevented planting or other total loss, would have been planted before such date. Requires a producer who suffered qualifying losses to elect assistance for only one of such years.
(Sec. 9002) Appropriates amounts for payments through the livestock compensation program for livestock assistance for disaster-caused losses between January 1, 2005 and February 28, 2007, including losses from blizzards that began in 2006 and continued into January 2007.
States that a producer: (1) shall elect to receive payments in only one of such years, and that such losses must have been incurred in a disaster-designated county; and (2) may elect to receive compensation for wildfire-caused losses in the 2007 grazing season.
Appropriates amounts for livestock indemnity payments to producers on farms in disaster-designated counties that have incurred livestock losses between January 1, 2005 and February 28, 2007, including losses from blizzards that started in 2006 and continued into January 2007. Requires a producer who suffered qualifying losses to elect assistance for only one of such years.
(Sec. 9003) Appropriates amounts for agricultural and farm production land cleanup and restoration under the emergency conservation program.
(Sec. 9004) Reduces producer payments under sections 9001 and 9002 by amounts received for the same or similar loss under: (1) the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006; (2) an agricultural disaster assistance provision contained in the announcement of the Secretary of Agriculture (Secretary in this title) on January 26, 2006, or August 29, 2006; or (3) the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006.
(Sec. 9005) Sets forth administrative requirements.
(Sec. 9006) Amends the Farm Security and Rural Investment Act of 2002 to revise national dairy market loss payment amount provisions.
States that the emergency designation declared under section 10002 of this Act shall not apply to this section except with respect to FY2007 and FY2008.
(Sec. 9007) Appropriates amounts for dairy production losses in disaster counties.
(Sec. 9008) Directs the Secretary, in states with a shortage of claims adjusters, to permit the use of one certified claims adjuster with respect to animal forage crops (under the noninsured crop disaster assistance program).
(Sec. 9009) Appropriates amounts for emergency grants for low-income migrant and seasonal farmworkers.
(Sec. 9011) Appropriates amounts for Farm Service Agency salaries and expenses.
(Sec. 9012) States that, in carrying out crop disaster and livestock assistance under this title, the Secretary shall require forage producers to have participated in a crop insurance pilot program or the noninsured crop disaster assistance program during the crop year for which compensation is received.
Title X: General Provision
- (Sec. 10001) Declares that no part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided in this Act.
(Sec. 10002) Designates amounts in this Act (except those in titles VI and VIII) as emergency requirements, necessary to meet emergency needs, pursuant to
S. Con. Res. 21
(110th Congress), the FY2008 budget resolution.
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Bill titles: Making emergency supplemental appropriations and additional supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, and for other purposes.; Making emergency supplemental appropriations for the fiscal year ending September 30, 2007, and for other purposes.; Fair Minimum Wage Act of 2007; Small Business and Work Opportunity Act of 2007; Small Business and Work Opportunity Tax Act of 2007
Links for more info on the vote: congress.gov