HR 1591 EAS
In the Senate of the United States,
March 29, 2007.
Resolved, That the bill from the House of Representatives (H.R. 1591) entitled `An Act making emergency supplemental appropriations for the fiscal year ending September 30, 2007, and for other purposes.', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2007, and for other purposes, namely:
TITLE I
GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
PUBLIC LAW 480 TITLE II GRANTS
For an additional amount for `Public Law 480 Title II Grants', during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, for commodities supplied in connection with dispositions abroad under title II of said Act, $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', $12,500,000, 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', $32,500,000, to remain available until September 30, 2008: Provided, That of the amounts made available in this Act for `Educational and Cultural Exchange Programs', $15,000,000 is rescinded.
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.
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.
(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--
(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 and the United States Ambassador to Iraq shall jointly submit to Congress a report describing and assessing in detail the current progress being made by the Government of Iraq in meeting the benchmarks set forth in paragraph (1)(A).
SEC. 1316. INDEPENDENT ASSESSMENT OF CAPABILITIES OF THE IRAQI SECURITY FORCES. (a) Findings- Congress makes the following findings:
(1) The responsibility for Iraq's internal security and halting sectarian violence must rest primarily with the Government of Iraq, relying on the Iraqi Security Forces (ISF).
(2) In quarterly reports to Congress, and in testimony before a number of congressional committees, the Department of Defense reported progress towards training and equipping Iraqi Security Forces; however, the subsequent performance of the Iraqi Security Forces has been uneven and occasionally appeared inconsistent with those reports.
(3) On November 15, 2005, President Bush said, `The plan [is] that we will train Iraqi troops to be able to take the fight to the enemy. And as I have consistently said, as the Iraqis stand up, we will stand down'.
(4) On January 10, 2007, the President announced a new strategy, which consists of three basic elements: diplomatic, economic, and military; the central component of the military element being an augmentation of the present level of the U.S. military forces with more than 20,000 additional U.S. military troops to Iraq to `work alongside Iraqi units and be embedded in their formations. Our troops will have a well-defined mission: to help Iraqis clear and secure neighborhoods, to help them protect the local population, and to help ensure that the Iraqi forces left behind are capable of providing the security that Baghdad needs'.
(5) The President said on January 10, 2007, that `I've made it clear to the Prime Minister and Iraq's other leaders that America's commitment is not open-ended' so as to dispel the contrary impression that exists.
(6) The latest National Intelligence Estimate (NIE) on Iraq, entitled `Prospects for Iraq's Stability: A Challenging Road Ahead,' released in January 2007, found: `If strengthened Iraqi Security Forces (ISF), more loyal to the government and supported by Coalition forces, are able to reduce levels of violence and establish more effective security for Iraq's population, Iraqi leaders could have an opportunity to begin the process of political compromise necessary for longer term stability, political progress, and economic recovery'.
(7) The NIE also stated that `[d]espite real improvements, the Iraqi Security Forces (ISF)--particularly the Iraqi police--will be hard pressed in the next 12-18 months to execute significantly increased security responsibilities'.
(8) The current and prospective readiness of the ISF is critical to (A) the long term stability of Iraq, (B) the force protection of U.S. forces conducting combined operations with the ISF; and (C) the scale of U.S. forces deployed to Iraq.
(b) Independent Assessment of Capabilities of Iraqi Security Forces-
(1) IN GENERAL- Of the amount appropriated or otherwise made available for the Department of Defense, $750,000 is provided to commission an independent, private-sector entity, which operates as a 501(c)(3) with recognized credentials and expertise in military affairs, to prepare an independent report assessing the following:
(A) The readiness of the Iraqi Security Forces (ISF) to assume responsibility for maintaining the territorial integrity of Iraq, denying international terrorists a safe haven, and bringing greater security to Iraq's 18 provinces in the next 12-18 months, and bringing an end to sectarian violence to achieve national reconciliation.
(B) The training; equipping; command, control and intelligence capabilities; and logistics capacity of the ISF.
(C) The likelihood that, given the ISF's record of preparedness to date, following years of training and equipping by US forces, the continued support of US troops will contribute to the readiness of the ISF to fulfill the missions outlined in subparagraph (A).
(2) REPORT- Not later than 120 days after passage of this Act, the designated private sector entity shall provide an unclassified report, with a classified annex, containing its findings, to the House and Senate Committees on Armed Services, Appropriations, Foreign Relations, and Intelligence.
SEC. 1317. (a)(1) Notwithstanding any other provision of law, the Secretary of Veterans Affairs (referred to in this section as the `Secretary') may convey to the State of Texas, without consideration, all right, title, and interest of the United States in and to the parcel of real property comprising the location of the Marlin, Texas, Department of Veterans Affairs Medical Center.
(2) The property conveyed under paragraph (1) shall be used by the State of Texas for the purposes of a prison.
(b) In carrying out the conveyance under subsection (a), the Secretary--
(1) shall not be required to comply with, and shall not be held liable under, any Federal law (including a regulation) relating to the environment or historic preservation; but
(2) may, at the discretion of the Secretary, conduct environmental cleanup on the parcel to be conveyed, at a cost not to exceed $500,000, using amounts made available for environmental cleanup of sites under the jurisdiction of the Secretary.
SEC. 1318. REDEVELOPMENT OF INDUSTRIAL SECTOR IN IRAQ. Of the amount appropriated or otherwise made available by this chapter under the heading `Iraq Freedom Fund', up to $100,000,000 may be obligated and expended for purposes of the Task Force to Improve Business and Stability Operations in Iraq.
SEC. 1319. Additional Amount for Procurement, Marine Corps, for Acceleration of Procurement of Additional 2,500 Mine Resistant Ambush Protected Vehicles for the Armed Forces- (a) Additional Amount- The amount appropriated by this chapter under the heading `Procurement, Marine Corps' is hereby increased by $1,500,000,000, with the amount of the increase to be available to the Marine Corps for the procurement of an additional 2,500 Mine Resistant Ambush Protected (MRAP) vehicles for the regular and reserve components of the Armed Forces by not later than December 31, 2007.
(b) Supplement Not Supplant- The amount available under subsection (a) for the procurement of vehicles described in that subsection is in addition to any other amounts available under this chapter for that purpose.
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.'.
SEC. 1503. LINKING OF AWARD FEES UNDER DEPARTMENT OF HOMELAND SECURITY CONTRACTS TO SUCCESSFUL ACQUISITION OUTCOMES. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes (which outcomes shall be specified in terms of cost, schedule, and performance).
SEC. 1504. DOMESTIC PREPAREDNESS EQUIPMENT TECHNICAL ASSISTANCE PROGRAM. (a) ADDITIONAL AMOUNT FOR STATE AND LOCAL PROGRAMS- The amount appropriated or otherwise made available by this chapter under the heading `STATE AND LOCAL PROGRAMS' is hereby increased by $5,000,000.
(b) AVAILABILITY FOR DOMESTIC PREPAREDNESS EQUIPMENT TECHNICAL ASSISTANCE PROGRAM- Of the amount appropriated or otherwise made available by this chapter under the heading `STATE AND LOCAL PROGRAMS', as increased by subsection (a), $5,000,000 shall be available for the Domestic Preparedness Equipment Technical Assistance Program (DPETAP).
(c) OFFSET- The amount appropriated or otherwise made available by this chapter under the heading `UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES' is hereby reduced by $5,000,000.
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 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.
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'.
`Assistance for Eastern Europe and Baltic States'.
`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.
SPENDING PLAN AND NOTIFICATION PROCEDURES
SEC. 1711. 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.
CIVILIAN RESERVE CORPS
Sec. 1712. Of the funds appropriated by this Act under the headings `DIPLOMATIC AND CONSULAR PROGRAMS' and `Economic Support Fund' (except for the Community Action Program), up to $50,000,000 may be made available to support and maintain a civilian reserve corps. Funds made available under 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 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.
SEC. 2304. The Chief of Engineers shall investigate the overall technical advantages, disadvantages and operational effectiveness of operating the new pumping stations at the mouths of the 17th Street, Orleans Avenue and London Avenue canals in the New Orleans area directed for construction in Public Law 109-234 concurrently or in series with existing pumping stations serving these canals and the advantages, disadvantages and technical operational effectiveness of removing the existing pumping stations and configuring the new pumping stations and associated canals to handle all needed discharges; and the advantages, disadvantages and technical operational effectiveness of replacing or improving the floodwalls and levees adjacent to the three outfall canals: Provided, That the analysis should be conducted at Federal expense: Provided further, That the analysis shall be completed and furnished to the Congress not later than three months after enactment of this Act.
SEC. 2305. Using funds made available in Chapter 3 under title II of Public Law 109-234 (120 Stat. 453), under the heading `Investigations', the Secretary of the Army, in consultation with other agencies and the State of Louisiana shall accelerate completion as practicable the final report of the Chief of Engineers recommending a comprehensive plan to deauthorize deep draft navigation on the Mississippi River Gulf Outlet: Provided, That the plan shall incorporate and build upon the Interim Mississippi River Gulf Outlet Deep-Draft De-Authorization Report submitted to Congress in December 2006 pursuant to Public Law 109-234.
SEC. 2306. (a) Section 111 of Public Law 108-137 (117 Stat. 1835) is amended by--
(1) adding the following language at the end of subsection (a):
`Such activities also may include the provision of financial assistance to facilitate the buy-out of properties located in areas identified by the State of Oklahoma as areas that are or will be at risk of damage caused by land subsidence and other necessary and closely associated properties otherwise identified by the State of Oklahoma; however, any buyout of such properties shall not be considered to be part of a Federally assisted program or project for purposes of 42 U.S.C. 4601 et. seq., consistent with section 2301 of Public Law 109-234 (120 Stat. 455-456).'; and
(2) striking the first sentence of subsection (d) and inserting the following language in lieu thereof:
`(d) Non-Federal interests shall be responsible for operating and maintaining any restoration alternatives constructed or carried out pursuant to this section.'.
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
(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).
(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--
(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--
(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) Termination of Program- Section 711(c) of the Small Business Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended by inserting after `January 1, 1989' the following: `, and shall terminate on the date of enactment of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007'.
SEC. 2403. RESERVIST PROGRAMS. (a) DEFINITIONS- In this section--
(1) the term `activated' means receiving an order placing a Reservist on active duty;
(2) the term `active duty' has the meaning given that term in section 101 of title 10, United States Code;
(3) the terms `Administration' and `Administrator' mean the Small Business Administration and the Administrator thereof, respectively;
(4) the term `Reservist' means a member of a reserve component of the Armed Forces, as described in section 10101 of title 10, United States Code;
(5) the term `Service Corps of Retired Executives' means the Service Corps of Retired Executives authorized by section 8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1));
(6) the term `small business concern' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632);
(7) the term `small business development center' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648); and
(8) the term `women's business center' means a women's business center described in section 29 of the Small Business Act (15 U.S.C. 656).
(b) Application Period- Section 7(b)(3)(C) of the Small Business Act (15 U.S.C. 636(b)(3)(C)) is amended by striking `90 days' and inserting `1 year'.
(c) Pre-consideration Process-
(1) DEFINITION- In this subsection, the term `eligible Reservist' means a Reservist who--
(A) has not been ordered to active duty;
(B) expects to be ordered to active duty during a period of military conflict; and
(C) can reasonably demonstrate that the small business concern for which that Reservist is a key employee will suffer economic injury in the absence of that Reservist.
(2) ESTABLISHMENT- Not later than 6 months after the date of enactment of this Act, the Administrator shall establish a pre-consideration process, under which the Administrator--
(A) may collect all relevant materials necessary for processing a loan to a small business concern under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) before an eligible Reservist employed by that small business concern is activated; and
(B) shall distribute funds for any loan approved under subparagraph (A) if that eligible Reservist is activated.
(d) Outreach and Technical Assistance Program-
(1) IN GENERAL- Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Veterans Affairs and the Secretary of Defense, shall develop a comprehensive outreach and technical assistance program (in this subsection referred to as the `program') to--
(A) market the loans available under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) to Reservists, and family members of Reservists, that are on active duty and that are not on active duty; and
(B) provide technical assistance to a small business concern applying for a loan under that section.
(2) COMPONENTS- The program shall--
(A) incorporate appropriate websites maintained by the Administration, the Department of Veterans Affairs, and the Department of Defense; and
(B) require that information on the program is made available to small business concerns directly through--
(i) the district offices and resource partners of the Administration, including small business development centers, women's business centers, and the Service Corps of Retired Executives; and
(ii) other Federal agencies, including the Department of Veterans Affairs and the Department of Defense.
(A) IN GENERAL- Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter until the date that is 30 months after such date of enactment, the Administrator shall submit to Congress a report on the status of the program.
(B) CONTENTS- Each report submitted under subparagraph (A) shall include--
(i) for the 6-month period ending on the date of that report--
(I) the number of loans approved under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3));
(II) the number of loans disbursed under that section; and
(III) the total amount disbursed under that section; and
(ii) recommendations, if any, to make the program more effective in serving small business concerns that employ Reservists.
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 5174) shall be 100 percent of the eligible costs under such sections.
(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. SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION PROGRAM. (a) Reauthorization of the Secure Rural Schools and Community Self-Determination Act of 2000- The Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-393) is amended by striking sections 1 through 403 and inserting the following:
`SECTION 1. SHORT TITLE.
`This Act may be cited as the `Secure Rural Schools and Community Self-Determination Act of 2000'.
`SEC. 2. PURPOSES.
`The purposes of this Act are--
`(1) to stabilize and transition payments to counties to provide funding for schools and roads that supplements other available funds;
`(2) to make additional investments in, and create additional employment opportunities through, projects that--
`(A)(i) improve the maintenance of existing infrastructure;
`(ii) implement stewardship objectives that enhance forest ecosystems; and
`(iii) restore and improve land health and water quality;
`(B) enjoy broad-based support; and
`(C) have objectives that may include--
`(i) road, trail, and infrastructure maintenance or obliteration;
`(ii) soil productivity improvement;
`(iii) improvements in forest ecosystem health;
`(iv) watershed restoration and maintenance;
`(v) the restoration, maintenance, and improvement of wildlife and fish habitat;
`(vi) the control of noxious and exotic weeds; and
`(vii) the reestablishment of native species; and
`(3) to improve cooperative relationships among--
`(A) the people that use and care for Federal land; and
`(B) the agencies that manage the Federal land.
`SEC. 3. DEFINITIONS.
`(1) ADJUSTED SHARE- The term `adjusted share' means the number equal to the quotient obtained by dividing--
`(A) the number equal to the quotient obtained by dividing--
`(i) the base share for the eligible county; by
`(ii) the income adjustment for the eligible county; by
`(B) the number equal to the sum of the quotients obtained under subparagraph (A) and paragraph (8)(A) for all eligible counties.
`(2) BASE SHARE- The term `base share' means the number equal to the average of--
`(A) the quotient obtained by dividing--
`(i) the number of acres of Federal land described in paragraph (7)(A) in each eligible county; by
`(ii) the total number acres of Federal land in all eligible counties in all eligible States; and
`(B) the quotient obtained by dividing--
`(i) the amount equal to the average of the 3 highest 25-percent payments and safety net payments made to each eligible State for each eligible county during the eligibility period; by
`(ii) the amount equal to the sum of the averages calculated under clause (i) and paragraph (9)(B)(i) for all eligible counties in all eligible States during the eligibility period.
`(3) COUNTY PAYMENT- The term `county payment' means the payment for an eligible county calculated under section 101(b).
`(4) ELIGIBLE COUNTY- The term `eligible county' means any county that--
`(A) contains Federal land (as defined in paragraph (7)); and
`(B) elects to receive a share of the State payment or the county payment under section 102(b).
`(5) ELIGIBILITY PERIOD- The term `eligibility period' means fiscal year 1986 through fiscal year 1999.
`(6) ELIGIBLE STATE- The term `eligible State' means a State or territory of the United States that received a 25-percent payment for 1 or more fiscal years of the eligibility period.
`(7) FEDERAL LAND- The term `Federal land' means--
`(A) land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012); and
`(B) such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land as are or may hereafter come under the jurisdiction of the Department of the Interior, which have heretofore or may hereafter be classified as timberlands, and power-site land valuable for timber, that shall be managed, except as provided in the former section 3 of the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest production.
`(8) 50-Percent ADJUSTED SHARE- The term `50-percent adjusted share' means the number equal to the quotient obtained by dividing--
`(A) the number equal to the quotient obtained by dividing--
`(i) the 50-percent base share for the eligible county; by
`(ii) the income adjustment for the eligible county; by
`(B) the number equal to the sum of the quotients obtained under subparagraph (A) and paragraph (1)(A) for all eligible counties.
`(9) 50-Percent BASE SHARE- The term `50-percent base share' means the number equal to the average of--
`(A) the quotient obtained by dividing--
`(i) the number of acres of Federal land described in paragraph (7)(B) in each eligible county; by
`(ii) the total number acres of Federal land in all eligible counties in all eligible States; and
`(B) the quotient obtained by dividing--
`(i) the amount equal to the average of the 3 highest 50-percent payments made to each eligible county during the eligibility period; by
`(ii) the amount equal to the sum of the averages calculated under clause (i) and paragraph (2)(B)(i) for all eligible counties in all eligible States during the eligibility period.
`(10) 50-percent PAYMENT- The term `50-percent payment' means the payment that is the sum of the 50-percent share otherwise paid to a county pursuant to title II of the Act of August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), and the payment made to a county pursuant to the Act of May 24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et seq.).
`(11) FULL FUNDING AMOUNT- The term `full funding amount' means--
`(A) $526,079,656 for fiscal year 2007;
`(B) $520,000,000 for fiscal year 2008; and
`(C) for fiscal year 2009 and each fiscal year thereafter, the amount that is equal to 90 percent of the full funding amount for the preceding fiscal year.
`(12) INCOME ADJUSTMENT- The term `income adjustment' means the square of the quotient obtained by dividing--
`(A) the per capita personal income for each eligible county; by
`(B) the median per capita personal income of all eligible counties.
`(13) PER CAPITA PERSONAL INCOME- The term `per capita personal income' means the most recent per capita personal income data, as determined by the Bureau of Economic Analysis.
`(14) SAFETY NET PAYMENTS- The term `safety net payments' means the special payment amounts paid to States and counties required by section 13982 or 13983 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500 note; 43 U.S.C. 1181f note).
`(15) SECRETARY CONCERNED- The term `Secretary concerned' means--
`(A) the Secretary of Agriculture or the designee of the Secretary of Agriculture with respect to the Federal land described in paragraph (7)(A); and
`(B) the Secretary of the Interior or the designee of the Secretary of the Interior with respect to the Federal land described in paragraph (7)(B).
`(16) STATE PAYMENT- The term `State payment' means the payment for an eligible State calculated under section 101(a).
`(17) 25-Percent PAYMENT- The term `25-percent payment' means the payment to States required by the sixth paragraph under the heading of `FOREST SERVICE' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
`TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL LAND
`SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL LAND.
`(a) State Payment- For each of fiscal years 2007 through 2011, the Secretary of Agriculture shall calculate for each eligible State an amount equal to the sum of the products obtained by multiplying--
`(1) the adjusted share for each eligible county within the eligible State; by
`(2) the full funding amount for the fiscal year.
`(b) County Payment- For each of fiscal years 2007 through 2011, the Secretary of the Interior shall calculate for each eligible county that received a 50-percent payment during the eligibility period an amount equal to the product obtained by multiplying--
`(1) the 50-percent adjusted share for the eligible county; by
`(2) the full funding amount for the fiscal year.
`SEC. 102. PAYMENTS TO STATES AND COUNTIES.
`(a) Payment Amounts- Except as provided in section 103, the Secretary of the Treasury shall pay to--
`(1) a State an amount equal to the sum of the amounts elected under subsection (b) by each county within the State for--
`(A) if the county is eligible for the 25-percent payment, the share of the 25-percent payment; or
`(B) the share of the State payment of the eligible county; and
`(2) a county an amount equal to the amount elected under subsection (b) by each county for--
`(A) if the county is eligible for the 50-percent payment, the 50-percent payment; or
`(B) the county payment for the eligible county.
`(b) Election to Receive Payment Amount-
`(1) ELECTION; SUBMISSION OF RESULTS-
`(A) IN GENERAL- The election to receive a share of the State payment, the county payment, a share of the State payment and the county payment, a share of the 25-percent payment, the 50-percent payment, or a share of the 25-percent payment and the 50-percent payment, as applicable, shall be made at the discretion of each affected county by August 1, 2007, and August 1 of each second fiscal year thereafter, in accordance with paragraph (2), and transmitted to the Secretary concerned by the Governor of each eligible State.
`(B) FAILURE TO TRANSMIT- If an election for an affected county is not transmitted to the Secretary concerned by the date specified under subparagraph (A), the affected county shall be considered to have elected to receive a share of the State payment, the county payment, or a share of the State payment and the county payment, as applicable.
`(2) DURATION OF ELECTION-
`(A) IN GENERAL- A county election to receive a share of the 25-percent payment or 50-percent payment, as applicable shall be effective for 2 fiscal years.
`(B) FULL FUNDING AMOUNT- If a county elects to receive a share of the State payment or the county payment, the election shall be effective for all subsequent fiscal years through fiscal year 2011.
`(3) SOURCE OF PAYMENT AMOUNTS- The payment to an eligible State or eligible county under this section for a fiscal year shall be derived from--
`(A) any revenues, fees, penalties, or miscellaneous receipts, exclusive of deposits to any relevant trust fund, special account, or permanent operating funds, received by the Federal Government from activities by the Bureau of Land Management or the Forest Service on the applicable Federal land; and
`(B) to the extent of any shortfall, out of any amounts in the Treasury of the United States not otherwise appropriated.
`(c) Distribution and Expenditure of Payments-
`(1) DISTRIBUTION METHOD- A State that receives a payment under subsection (a) for Federal land described in section 3(7)(A) shall distribute the appropriate payment amount among the appropriate counties in the State in accordance with--
`(A) the Act of May 23, 1908 (16 U.S.C. 500); and
`(B) section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
`(2) EXPENDITURE PURPOSES- Subject to subsection (d), payments received by a State under subsection (a) and distributed to counties in accordance with paragraph (1) shall be expended as required by the laws referred to in paragraph (1).
`(d) Expenditure Rules for Eligible Counties-
`(A) USE OF PORTION IN SAME MANNER AS 25-PERCENT PAYMENT OR 50-PERCENT PAYMENT, AS APPLICABLE- Except as provided in paragraph (3)(B), if an eligible county elects to receive its share of the State payment or the county payment, not less than 80 percent, but not more than 85 percent, of the funds shall be expended in the same manner in which the 25-percent payments or 50-percent payment, as applicable, are required to be expended.
`(B) ELECTION AS TO USE OF BALANCE- Except as provided in subparagraph (C), an eligible county shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to subparagraph (A):
`(i) Reserve any portion of the balance for projects in accordance with title II.
`(ii) Reserve not more than 7 percent of the total share for the eligible county of the State payment or the county payment for projects in accordance with title III.
`(iii) Return the portion of the balance not reserved under clauses (i) and (ii) to the Treasury of the United States.
`(C) COUNTIES WITH MODEST DISTRIBUTIONS- In the case of each eligible county to which more than $100,000, but less than $350,000, is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection (a), the eligible county, with respect to the balance of any funds not expended pursuant to subparagraph (A) for that fiscal year, shall--
`(i) reserve any portion of the balance for--
`(I) carrying out projects under title II;
`(II) carrying out projects under title III; or
`(III) a combination of the purposes described in subclauses (I) and (II); or
`(ii) return the portion of the balance not reserved under clause (i) to the Treasury of the United States.
`(2) DISTRIBUTION OF FUNDS-
`(A) IN GENERAL- Funds reserved by an eligible county under subparagraph (B)(i) or (C)(i)(I) of paragraph (1) shall be deposited in a special account in the Treasury of the United States.
`(B) AVAILABILITY- Amounts deposited under subparagraph (A) shall--
`(i) be available for expenditure by the Secretary concerned, without further appropriation; and
`(ii) remain available until expended in accordance with title II.
`(i) IN GENERAL- An eligible county shall notify the Secretary concerned of an election by the eligible county under this subsection not later than September 30 of each fiscal year.
`(ii) FAILURE TO ELECT- Except as provided in subparagraph (B), if the eligible county fails to make an election by the date specified in clause (i), the eligible county shall--
`(I) be considered to have elected to expend 85 percent of the funds in accordance with paragraph (1)(A); and
`(II) return the balance to the Treasury of the United States.
`(B) COUNTIES WITH MINOR DISTRIBUTIONS- In the case of each eligible county to which less than $100,000 is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection (a), the eligible county may elect to expend all the funds in the same manner in which the 25-percent payments or 50-percent payments, as applicable, are required to be expended.
`(e) Time for Payment- The payments required under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year.
`SEC. 103. TRANSITION PAYMENTS TO THE STATES OF CALIFORNIA, OREGON, AND WASHINGTON.
`(a) Definitions- In this section:
`(1) ADJUSTED AMOUNT- The term `adjusted amount' means, with respect to a covered State--
`(A) for fiscal year 2007--
`(i) the sum of the amounts paid in fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2007; and
`(ii) the sum of the amounts paid in fiscal year 2006 under section 103(a)(2) (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 102(b) to receive the county payment for fiscal year 2007;
`(B) for fiscal year 2008, 90 percent of--
`(i) the sum of the amounts paid in fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2008; and
`(ii) the sum of the amounts paid in fiscal year 2006 under section 103(a)(2) (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 102(b) to receive the county payment for fiscal year 2008;
`(C) for fiscal year 2009, 81 percent of--
`(i) the sum of the amounts paid in fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2009; and
`(ii) the sum of the amounts paid in fiscal year 2006 under section 103(a)(2) (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 102(b) to receive the county payment for fiscal year 2009; and
`(D) for fiscal year 2010, 73 percent of--
`(i) the sum of the amounts paid in fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2010; and