--H.R.1591--
H.R.1591
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
Making emergency supplemental appropriations for the fiscal year ending September 30, 2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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, $460,000,000, to remain available until expended.
GENERAL PROVISION--THIS CHAPTER
SEC. 1101. There is hereby appropriated $40,000,000 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
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for `Salaries and Expenses, General Legal Activities', $1,648,000, to remain available until September 30, 2008.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for `Salaries and Expenses, United States Attorneys', $5,000,000, to remain available until September 30, 2008.
United States Marshals Service
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $6,450,000, to remain available until September 30, 2008.
National Security Division
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $1,736,000, to remain available until September 30, 2008.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $268,000,000, of which $258,000,000 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', of which $500,000 shall be transferred to and merged with `Department of Justice, Office of the Inspector General'.
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $12,166,000, 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', $8,853,350,000.
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', $86,023,000.
Reserve Personnel, Marine Corps
For an additional amount for `Reserve Personnel, Marine Corps', $5,660,000.
Reserve Personnel, Air Force
For an additional amount for `Reserve Personnel, Air Force', $11,573,000.
National Guard Personnel, Army
For an additional amount for `National Guard Personnel, Army', $545,286,000.
National Guard Personnel, Air Force
For an additional amount for `National Guard Personnel, Air Force', $44,033,000.
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', $4,676,670,000, of which up to $120,293,000 shall be transferred to Coast Guard, `Operating Expenses', for reimbursement for activities which support activities requested by the Navy.
Operation and Maintenance, Marine Corps
For an additional amount for `Operation and Maintenance, Marine Corps', $1,146,594,000.
Operation and Maintenance, Air Force
For an additional amount for `Operation and Maintenance, Air Force', $6,650,881,000.
Operation and Maintenance, Defense-Wide
For an additional amount for `Operation and Maintenance, Defense-Wide', $2,714,487,000, 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', $355,600,000, to remain available for transfer until September 30, 2008: Provided, That up to $50,000,000 may be obligated and expended for purposes of the Task Force to Improve Business and Stability Operations in Iraq.
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.
Strategic Reserve Readiness Fund
(INCLUDING TRANSFER OF FUNDS)
In addition to amounts provided in this or any other Act, for training, operations, repair of equipment, purchases of equipment, and other expenses related to improving the readiness of non-deployed United States military forces, $2,000,000,000, to remain available until September 30, 2009; of which $1,000,000,000 shall be transferred to `National Guard and Reserve Equipment' for the purchase of equipment for the Army National Guard; and of which $1,000,000,000 shall be transferred by the Secretary of Defense only to appropriations for military personnel, operation and maintenance, procurement, and defense working capital funds to accomplish the purposes provided herein: Provided, That the funds transferred shall be merged with and shall be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the Secretary of Defense shall, not fewer than thirty days prior to making transfers under this authority, notify the congressional defense committees in writing of the details of any such transfers made pursuant to this authority: Provided further, That funds shall be transferred to the appropriation accounts not later than 120 days after the enactment of this Act: 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.
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', $3,404,315,000, 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', $11,076,137,000, to remain available until September 30, 2009.
Aircraft Procurement, Navy
For an additional amount for `Aircraft Procurement, Navy', $1,090,287,000, 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', $748,749,000, to remain available until September 30, 2009.
Procurement, Marine Corps
For an additional amount for `Procurement, Marine Corps', $2,252,749,000, to remain available until September 30, 2009.
Aircraft Procurement, Air Force
For an additional amount for `Aircraft Procurement, Air Force', $2,106,468,000, to remain available until September 30, 2009.
Missile Procurement, Air Force
For an additional amount for `Missile Procurement, Air Force', $94,900,000, 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', $2,096,200,000, to remain available until September 30, 2009.
Procurement, Defense-Wide
For an additional amount for `Procurement, Defense-Wide', $980,050,000, 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', $100,006,000, to remain available until September 30, 2008.
Research, Development, Test and Evaluation, Navy
For an additional amount for `Research, Development, Test and Evaluation, Navy', $298,722,000, 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', $187,176,000, 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', $512,804,000, to remain available until September 30, 2008.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for `Defense Working Capital Funds', $1,315,526,000.
National Defense Sealift Fund
For an additional amount for `National Defense Sealift Fund', $5,000,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for `Defense Health Program', $3,251,853,000; of which $2,802,153,000 shall be for operation and maintenance, including $600,000,000 which shall be available for the treatment of Traumatic Brain Injury and Post Traumatic Stress Disorder and remain available until September 30, 2008; of which $118,000,000 shall be for procurement, to remain available until September 30, 2009; and of which $331,700,000 shall be for research, development, test and evaluation, to remain available until September 30, 2008: Provided, That if the Secretary of Defense determines that funds made available herein for the treatment of Traumatic Brain Injury and Post Traumatic Stress Disorder are in excess to the requirements of the Department of Defense he may transfer amounts in excess of that requirement to the Department of Veterans Affairs to be available only for the same purpose.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for `Drug Interdiction and Counter-Drug Activities, Defense', $254,665,000, to remain available until expended.
RELATED AGENCIES
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 chapter: 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.
(TRANSFER OF FUNDS)
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 chapter 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 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 operation and maintenance in this chapter to the Department of Defense, not to exceed $456,400,000 may be used, notwithstanding any other provision of law, to fund the Commanders' 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. Section 9010 of division A of Public Law 109-289 is amended by striking `2007' each place it appears and inserting `2008'.
SEC. 1309. 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. 1310. 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. 1311. None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of Iraq.
SEC. 1312. 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. 1313. (a) REPORT BY SECRETARY OF DEFENSE- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that contains individual transition readiness assessments by unit of Iraq and Afghan security forces. The Secretary of Defense shall submit to the congressional defense committees updates of the report required by this subsection every 90 days after the date of the submission of the report until October 1, 2008. The report and updates of the report required by this subsection shall be submitted in classified form.
(1) The Director of the Office of Management and Budget, in consultation with the Secretary of Defense; the Commander, Multi-National Security Transition Command--Iraq; and the Commander, Combined Security Transition Command--Afghanistan, shall submit to the congressional defense committees not later than 120 days after the date of the enactment of this Act and every 90 days thereafter a report on the proposed use of all funds under each of the headings `Iraq Security Forces Fund' and `Afghanistan Security Forces Fund' on a project-by-project basis, for which the obligation of funds is anticipated during the three-month period from such date, including estimates by the commanders referred to in this paragraph of the costs required to complete each such project.
(2) The report required by this subsection shall include the following:
(A) The use of all funds on a project-by-project basis for which funds appropriated under the headings referred to in paragraph (1) were obligated prior to the submission of the report, including estimates by the commanders referred to in paragraph (1) of the costs to complete each project.
(B) The use of all funds on a project-by-project basis for which funds were appropriated under the headings referred to in paragraph (1) in prior appropriations Acts, or for which funds were made available by transfer, reprogramming, or allocation from other headings in prior appropriations Acts, including estimates by the commanders referred to in paragraph (1) of the costs to complete each project.
(C) An estimated total cost to train and equip the Iraq and Afghan security forces, disaggregated by major program and sub-elements by force, arrayed by fiscal year.
(c) NOTIFICATION- The Secretary of Defense shall notify the congressional defense committees of any proposed new projects or transfers of funds between sub-activity groups in excess of $15,000,000 using funds appropriated by this Act under the headings `Iraq Security Forces Fund' and `Afghanistan Security Forces Fund'.
SEC. 1314. None of the funds appropriated or otherwise made available by this chapter may be obligated or expended to provide award fees to any defense contractor contrary to the provisions of section 814 of the National Defense Authorization Act, Fiscal Year 2007 (Public Law 109-364).
SEC. 1315. Not more than 85 percent of the funds appropriated in this chapter for operation and maintenance shall be available for obligation unless and until the Secretary of Defense submits to the congressional defense committees a report detailing the use of Department of Defense funded service contracts conducted in the theater of operations in support of United States military and reconstruction activities in Iraq and Afghanistan: Provided, That the report shall provide detailed information specifying the number of contracts and contract costs used to provide services in fiscal year 2006, with sub-allocations by major service categories: Provided further, That the report also shall include estimates of the number of contracts to be executed in fiscal year 2007: Provided further, That the report shall include the number of contractor personnel in Iraq and Afghanistan funded by the Department of Defense: Provided further, That the report shall be submitted to the congressional defense committees not later than August 1, 2007.
SEC. 1316. Section 1477 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `A death gratuity' and inserting `Subject to subsection (d), a death gratuity';
(2) by redesignating subsection (d) as subsection (e) and, in such subsection, by striking `If an eligible survivor dies before he' and inserting `If a person entitled to all or a portion of a death gratuity under subsection (a) or (d) dies before the person'; and
(3) by inserting after subsection (c) the following new subsection (d):
`(d) During the period beginning on the date of the enactment of this subsection and ending on September 30, 2007, a person covered by section 1475 or 1476 of this title may designate another person to receive not more than 50 percent of the amount payable under section 1478 of this title. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments up to the maximum of 50 percent, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with paragraphs (1) through (5) of subsection (a).'.
SEC. 1317. Section 9007 of Public Law 109-289 is amended by striking `20' and inserting `287'.
SEC. 1318. 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 medical facilities, or for facilities used to quarter individuals with medical conditions that may require medical supervision, as applicable, in the United States.
(2) Where appropriate, 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 the congressional defense committees 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) where appropriate, 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. 1319. 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. 1320. Independent Assessment of Capabilities of Iraqi Security Forces. (a) 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:
(1) 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.
(2) The training; equipping; command, control and intelligence capabilities; and logistics capacity of the ISF.
(3) The likelihood that, given the ISF's record of preparedness to date, following years of training and equipping by U.S. forces, the continued support of U.S. troops will contribute to the readiness of the ISF to fulfill the missions outlined in subparagraph (1).
(b) 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. 1321. AWARD OF MEDAL OF HONOR TO WOODROW W. KEEBLE FOR VALOR DURING KOREAN WAR. (a) Waiver of Time Limitations- Notwithstanding any applicable time limitation under section 3744 of title 10, United States Code, or any other time limitation with respect to the award of certain medals to individuals who served in the Armed Forces, the President may award to Woodrow W. Keeble the Medal of Honor under section 3741 of that title for the acts of valor described in subsection (b).
(b) Acts of Valor- The acts of valor referred to in subsection (a) are the acts of Woodrow W. Keeble, then-acting platoon leader, carried out on October 20, 1951, during the Korean War.
(TRANSFER OF FUNDS)
SEC. 1322. Of the amount appropriated under the heading `Other Procurement, Army', in title III of division A of Public Law 109-148, $6,250,000 shall be transferred to `Military Construction, Army'.
(TRANSFER OF FUNDS)
SEC. 1323. Notwithstanding any other provision of law, not to exceed $110,000,000 may be transferred to the `Economic Support Fund', Department of State, for use in programs in Pakistan from amounts appropriated by this Act as follows:
`Military Personnel, Army', $70,000,000.
`National Guard Personnel, Army', $13,183,000.
`Defense Health Program', $26,817,000.
CHAPTER 4
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for `Defense Nuclear Nonproliferation', $150,000,000, to remain available until expended.
GENERAL PROVISION--THIS CHAPTER
(TRANSFER OF FUNDS)
SEC. 1401. The Administrator of the National Nuclear Security Administration is authorized to transfer up to $1,000,000 from Defense Nuclear Nonproliferation to the Office of the Administrator during fiscal year 2007 supporting nuclear nonproliferation activities.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
Analysis and Operations
For an additional amount for `Analysis and Operations', $15,000,000, to remain available until September 30, 2008, to be used for support of the State and Local Fusion Center program.
United States Customs and Border Protection
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Salaries and Expenses', $115,000,000, to remain available until September 30, 2008, to be used to increase the number of officers, intelligence analysts and support staff responsible for container security inspections, and for other efforts to improve supply chain security: Provided, That up to $5,000,000 shall be transferred to Federal Law Enforcement Training Center `Salaries and Expenses', for basic training costs.
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, including the final Northern Border air wing, $120,000,000, to remain available until September 30, 2008.
United States Immigration and Customs Enforcement
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $10,000,000, to remain available until September 30, 2008.
Transportation Security Administration
AVIATION SECURITY
For an additional amount for `Aviation Security', $970,000,000; of which $815,000,000 shall be for procurement and installation of checked baggage explosives detection systems, to remain available until expended; of which $45,000,000 shall be for expansion of checkpoint explosives detection pilot systems, to remain available until expended; and of which $110,000,000 shall be for air cargo security, to remain available until September 30, 2009.
FEDERAL AIR MARSHALS
For an additional amount for `Federal Air Marshals', $8,000,000, to remain available until September 30, 2008.
National Protection and Programs
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
For an additional amount for `Infrastructure Protection and Information Security', $37,000,000, to remain available until September 30, 2008.
Office of Health Affairs
For an additional amount for `Office of Health Affairs' for nuclear event public health assessment and planning and other activities, $15,000,000, to remain available until September 30, 2008.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
For expenses for management and administration of the Federal Emergency Management Agency, $25,000,000, to remain available until September 30, 2008: Provided, That none of such funds made 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: Provided further, That unobligated amounts in the `Administrative and Regional Operations' and `Readiness, Mitigation, Response, and Recovery' accounts shall be transferred to `Management and Administration' and may be used for any purpose authorized for such amounts and subject to limitation on the use of such amounts.
STATE AND LOCAL PROGRAMS
For an additional amount for `State and Local Programs', $552,500,000; of which $190,000,000 shall be for port security grants pursuant to section 70107(l) of title 46, United States Code; of which $325,000,000 shall be for intercity rail passenger transportation, freight rail, and transit security grants; of which $35,000,000 shall be for regional grants and regional technical assistance to high risk urban areas for catastrophic event planning and preparedness; and of which $2,500,000 shall be for technical assistance: Provided, That none of the funds made available under this heading may be obligated for such regional grants and regional 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 regional technical assistance shall remain available until September 30, 2008.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For an additional amount for `Emergency Management Performance Grants', $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, $10,000,000, 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 security research, $10,000,000, 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.
SYSTEMS ACQUISITION
For an additional amount for `Systems Acquisition', $223,500,000, to remain available until expended: Provided, That none of the funds appropriated under this heading shall be obligated for full scale procurement of Advanced Spectroscopic Portal Monitors until the Secretary of Homeland Security has certified through a report to the Committees on Appropriations of the Senate and the House of Representatives that a significant increase in operational effectiveness will be achieved.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 1501. (a) AMENDMENTS- Section 550 of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by--
(1) in subsection (c), by striking `consistent with similar' and inserting `identical to the protections given';
(2) in subsection (c), by striking `, site security plans, and other information submitted to or obtained by the Secretary under this section, and related vulnerability or security information, shall be treated as if the information were classified material' and inserting `and site security plans shall be treated as sensitive security information (as that term is used in section 1520.5 of title 49, Code of Federal Regulations, or any subsequent regulations relating to the same matter)'; and
(3) by adding at the end of the section 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.'.
(b) REGULATORY CLARIFICATION- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall update the regulations administered by the Secretary that govern sensitive security information, including 49 CFR 1520, to ensure the protection of all information required to be protected under section 550(c) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note), as amended by paragraph (a).
SEC. 1502. 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. 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).
CHAPTER 6
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For an additional amount for `Salaries and Expenses', $6,437,000, as follows:
Allowances and Expenses
For an additional amount for allowances and expenses as authorized by House resolution or law, $6,437,000 for business continuity and disaster recovery, to remain available until expended.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for `Salaries and Expenses' of the Government Accountability Office, $374,000, to remain available until September 30, 2008.
CHAPTER 7
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for `Military Construction, Army', $1,255,890,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, 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, not to exceed $173,700,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That of the funds made available under this heading, $369,690,000 shall not be obligated or expended until the Secretary of Defense submits a detailed report explaining how military road construction is coordinated with NATO and coalition nations: Provided further, That of the funds made available under this heading, $401,700,000 shall not be obligated or expended until the Secretary of Defense submits a detailed stationing plan to support Army end-strength growth to the Committees on Appropriations of the House of Representatives and Senate: Provided further, That of the funds provided under this heading, $274,800,000 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 United States military personnel in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for `Military Construction, Navy and Marine Corps', $370,990,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, 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, not to exceed $49,600,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That of the funds made available under this heading, $324,270,000 shall not be obligated or expended until the Secretary of Defense submits a detailed stationing plan to support Marine Corps end-strength growth to the Committees on Appropriations of the House of Representatives and Senate.
Military Construction, Air Force
For an additional amount for `Military Construction, Air Force', $43,300,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, 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, not to exceed $3,000,000 shall be available for study, planning, design, and architect and engineer services.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), $3,136,802,000, to remain available until expended: Provided, That within 30 days of the enactment of this Act, the Secretary of Defense shall submit a detailed spending plan to the Committees on Appropriations of the House of Representatives and Senate.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 1701. Notwithstanding any other provision of law, none of the funds in this or any other Act may be used to close Walter Reed Army Medical Center until equivalent medical facilities at the Walter Reed National Military Medical Center at Naval Medical Center, Bethesda, Maryland, and/or the Fort Belvoir, Virginia, Community Hospital have been constructed and equipped: Provided, That to ensure that the quality of care provided by the Military Health System is not diminished during this transition, the Walter Reed Army Medical Center shall be adequately funded, to include necessary renovation and maintenance of existing facilities, to maintain the maximum level of inpatient and outpatient services.
Sec. 1702. Notwithstanding any other provision of law, none of the funds in this or any other Act shall be used to reorganize or relocate the functions of the Armed Forces Institute of Pathology (AFIP) until the Secretary of Defense has submitted, not later than December 31, 2007, a detailed plan and timetable for the proposed reorganization and relocation to the Committees on Appropriations and Armed Services of the Senate and House of Representatives. The plan shall take into consideration the recommendations of a study being prepared by the Government Accountability Office (GAO), provided that such study is available not later than 45 days before the date specified in this section, on the impact of dispersing selected functions of AFIP among several locations, and the possibility of consolidating those functions at one location. The plan shall include an analysis of the options for the location and operation of the Program Management Office for second opinion consults that are consistent with the recommendations of the Base Realignment and Closure Commission, together with the rationale for the option selected by the Secretary.
CHAPTER 8
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Diplomatic and Consular Programs', $870,658,000, to remain available until September 30, 2008, of which $96,500,000 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 of the amount available under this heading, $258,000 shall be transferred to, and merged with, funds available in fiscal year 2007 for expenses for the United States Commission on International Religious Freedom: Provided further, That 20 percent of the amount available for Iraq operations shall not be obligated until the Committees on Appropriations receive and approve a detailed plan for expenditure, prepared by the Secretary of State, and submitted within 60 days after the date of enactment of this Act: 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 terrorism rewards.
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Office of Inspector General', $36,500,000, to remain available until December 31, 2008: Provided, That $35,000,000 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', $20,000,000, to remain available until expended.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for `Contributions to International Organizations', $50,000,000, to remain available until September 30, 2008.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for `Contributions for International Peacekeeping Activities', $288,000,000, 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.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
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, if the President determines and reports to the Committees on Appropriations that the human-to-human transmission of the avian influenza virus is efficient and sustained, and is spreading internationally, 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 transferred to, and merged with, funds made available under this heading to combat avian influenza: Provided further, That funds made available pursuant to the authority of the previous proviso shall be 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', $165,000,000, to remain available until expended.
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', $8,700,000, 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', $3,500,000, to remain available until September 30, 2008.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For an additional amount for `Economic Support Fund', $2,649,300,000, to remain available until September 30, 2008: Provided, That of the funds appropriated under this heading, $57,400,000 shall be made available to nongovernmental organizations in Iraq for economic and social development programs and activities in areas of conflict: Provided further, That the responsibility for policy decisions and justifications for the use of funds appropriated by the previous proviso shall be the responsibility of the United States Chief of Mission in Iraq: Provided further, That none of the funds appropriated under this heading in this Act or in prior Acts making appropriations for foreign operations, export financing, and related programs may be made available for the Political Participation Fund and the National Institutions Fund: 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.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
For an additional amount for `Assistance for Eastern Europe and the Baltic States', $229,000,000, to remain available until September 30, 2008, for assistance for Kosovo.
Department of State
DEMOCRACY FUND
For an additional amount for `Democracy Fund', $260,000,000, to remain available until September 30, 2008: Provided, That of the funds appropriated under this heading, not less than $190,000,000 shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State, and not less than $60,000,000 shall be made available for the United States Agency for International Development, for democracy, human rights and rule of law programs in Iraq: Provided further, That not later than 60 days after enactment of this Act, 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.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for `International Narcotics Control and Law Enforcement', $257,000,000, 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', $130,500,000, to remain available until September 30, 2008, of which not less than $5,000,000 shall be made available to rescue Iraqi scholars.
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', $57,500,000, to remain available until September 30, 2008.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
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', $265,000,000, to remain available until September 30, 2008.
PEACEKEEPING OPERATIONS
For an additional amount for `Peacekeeping Operations', $230,000,000, to remain available until September 30, 2008: Provided, That of the funds appropriated under this heading, not less than $40,000,000 shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for assistance for Liberia for security sector reform: Provided further, That not later than 30 days after enactment of this Act and every 30 days thereafter until September 30, 2008, the Secretary of State shall submit a report to the Committees on Appropriations detailing the obligation and expenditure of funds made available under this heading in this Act and in prior Acts making appropriations for foreign operations, export financing, and related programs.
GENERAL PROVISIONS--THIS CHAPTER
AUTHORIZATION OF FUNDS
SEC. 1801. 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 OVERSIGHT AUTHORITY
SEC. 1802. 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'.
LEBANON
SEC. 1803. (a) LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR LEBANON- None of the funds made available in this Act under the heading `Economic Support Fund' for cash transfer assistance for the Government of Lebanon may be made available for obligation until the Secretary of State reports to the Committees on Appropriations on Lebanon's economic reform plan and on the specific conditions and verifiable benchmarks that have been agreed upon by the United States and the Government of Lebanon pursuant to the Memorandum of Understanding on cash transfer assistance for Lebanon.
(b) LIMITATION ON FOREIGN MILITARY FINANCING PROGRAM AND INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT ASSISTANCE FOR LEBANON- None of the funds made available in this Act under the heading `Foreign Military Financing Program' or `International Narcotics Control and Law Enforcement' for military or police assistance to Lebanon may be made available for obligation until the Secretary of State submits to the Committees on Appropriations a report on procedures established to determine eligibility of members and units of the armed forces and police forces of Lebanon to participate in United States training and assistance programs and on the end use monitoring of all equipment provided under such programs to the Lebanese armed forces and police forces.
(c) CERTIFICATION REQUIRED- 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.
(d) REPORT REQUIRED- Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on the Government of Lebanon's actions to implement section 14 of United Nations Security Council Resolution 1701 (August 11, 2006).
(e) SPECIAL AUTHORITY- 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 (division B of Public Law 109-289, as amended by Public Law 110-5).
DEBT RESTRUCTURING
SEC. 1804. 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.
GOVERNMENT ACCOUNTABILITY OFFICE
SEC. 1805. To facilitate effective oversight of programs and activities in Iraq by the Government Accountability Office (GAO), the Department of State shall provide GAO staff members the country clearances, life support, and logistical and security support necessary for GAO personnel to establish a presence in Iraq for periods of not less than 45 days.
HUMAN RIGHTS AND DEMOCRACY FUND
SEC. 1806. 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. 1807. (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 1 additional year.
(3) Not more than 10 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, 2007. 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. 1808. (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'.
`International Narcotics Control and Law Enforcement'.
`Migration and Refugee Assistance'.
(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.
SPENDING PLAN AND NOTIFICATION PROCEDURES
SEC. 1809. 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 heading `International Disaster and Famine Assistance': Provided, That funds appropriated under the headings in this chapter, except for funds appropriated under the heading named in this section, shall be subject to the regular notification procedures of the Committees on Appropriations.
CONDITIONS ON ASSISTANCE FOR PAKISTAN
SEC. 1810. None of the funds made available for assistance for the central Government of Pakistan under the heading `Economic Support Fund' in this title may be made available for non-project assistance until the Secretary of State submits to the Committees on Appropriations a report on the oversight mechanisms, performance benchmarks, and implementation processes for such funds: Provided, That notwithstanding any other provision of law, funds made available for non-project assistance pursuant to the previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds made available for assistance for Pakistan under the heading `Economic Support Fund' in this title, $5,000,000 shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State, for political party development and election observation programs.
CIVILIAN RESERVE CORPS
Sec. 1811. Of the funds appropriated by this Act under the heading `Diplomatic and Consular Programs', up to $50,000,000 may be made available to support and maintain a civilian reserve corps: Provided, That none of the funds for a civilian reserve corps may be obligated without specific authorization in a subsequent Act of Congress: Provided further, That funds made available under this section shall be subject to the regular notification procedures of the Committees on Appropriations.
COORDINATOR FOR IRAQ ASSISTANCE
SEC. 1812. (a) COORDINATOR FOR IRAQ ASSISTANCE- Not later than 30 days after the date of the enactment of this Act, the President shall appoint a Coordinator for Iraq Assistance (hereinafter in this section referred to as the `Coordinator'), by and with the advice and consent of the Senate, who shall report directly to the President.
(b) DUTIES- The Coordinator shall be responsible for--
(1) developing and implementing an overall strategy for political, economic, and military assistance for Iraq;
(2) coordinating and ensuring coherence of Iraq assistance programs and policy among all departments and agencies of the Government of the United States that are implementing assistance programs in Iraq, including the Department of State, the United States Agency for International Development, the Department of Defense, the Department of the Treasury, and the Department of Justice;
(3) working with the Government of Iraq in meeting the benchmarks described in section 1904(a) of this Act in order to ensure Iraq continues to be eligible to receive United States assistance described in such section;
(4) coordinating with other donors and international organizations that are providing assistance for Iraq;
(5) ensuring adequate management and accountability of United States assistance programs for Iraq;
(6) resolving policy and program disputes among departments and agencies of the United States Government that are implementing assistance programs in Iraq; and
(7) coordinating United States assistance programs with the reconstruction programs funded and implemented by the Government of Iraq.
(c) RANK AND STATUS- The Coordinator shall have the rank and status of ambassador.
CHAPTER 9
GENERAL PROVISIONS--THIS TITLE
SEC. 1901. (a) Congress finds that it is Defense Department policy that units should not be deployed for combat unless they are rated `fully mission capable'.
(b) None of the funds appropriated or otherwise made available in this or any other Act may be used to deploy any unit of the Armed Forces to Iraq unless the chief of the military department concerned has certified in writing to the Committees on Appropriations and the Committees on Armed Services at least 15 days in advance of the deployment that the unit is fully mission capable.
(c) For purposes of subsection (b), the term `fully mission capable' means capable of performing assigned mission essential tasks to prescribed standards under the conditions expected in the theater of operations, consistent with the guidelines set forth in the Department of Defense readiness reporting system.
(d) The President, by certifying in writing to the Committees on Appropriations and the Committees on Armed Services that the deployment to Iraq of a unit that is not assessed fully mission capable is required for reasons of national security and by submitting along with the certification a report in classified and unclassified form detailing the particular reason or reasons why the unit's deployment is necessary despite the chief of the military department's assessment that the unit is not fully mission capable, may waive the limitation prescribed in subsection (b) on a unit-by-unit basis.
SEC. 1902. (a) Congress finds that it is Defense Department policy that Army, Army Reserve, and National Guard units should not be deployed for combat beyond 365 days or that Marine Corps and Marine Corps Reserve units should not be deployed for combat beyond 210 days.
(b) None of the funds appropriated or otherwise made available in this or any other Act may be obligated or expended to initiate the development of, continue the development of, or execute any order that has the effect of extending the deployment for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve or Army National Guard beyond 365 days; or
(2) any unit of the Marine Corps or Marine Corps Reserve beyond 210 days.
(c) The limitation prescribed in subsection (b) shall not be construed to require force levels in Iraq to be decreased below the total United States force levels in Iraq prior to January 10, 2007.
(d) The President, by certifying in writing to the Committees on Appropriations and the Committees on Armed Services that the extension of a unit's deployment in Iraq beyond the periods specified in subsection (b) is required for reasons of national security and by submitting along with the certification a report in classified and unclassified form detailing the particular reason or reasons why the unit's extended deployment is necessary, may waive the limitations prescribed in subsection (b) on a unit-by-unit basis.
SEC. 1903. (a) Congress finds that it is Defense Department policy that Army, Army Reserve, and National Guard units should not be redeployed for combat if the unit has been deployed within the previous 365 consecutive days or that Marine Corps and Marine Corps Reserve units should not be redeployed for combat if the unit has been deployed within the previous 210 days.
(b) None of the funds appropriated or otherwise made available in this or any other Act may be obligated or expended to initiate the development of, continue the development of, or execute any order that has the effect of deploying for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve or Army National Guard if such unit has been deployed within the previous 365 consecutive days; or
(2) any unit of the Marine Corps or Marine Corps Reserve if such unit has been deployed within the previous 210 consecutive days.
(c) The limitation prescribed in subsection (b) shall not be construed to require force levels in Iraq to be decreased below the total United States force levels in Iraq prior to January 10, 2007.
(d) The President, by certifying in writing to the Committees on Appropriations and the Committees on Armed Services that the redeployment of a unit to Iraq in advance of the periods specified in subsection (b) is required for reasons of national security and by submitting along with the certification a report in classified and unclassified form detailing the particular reason or reasons why the unit's redeployment is necessary, may waive the limitations prescribed in subsection (b) on a unit-by-unit basis.
SEC. 1904. (a) The President shall make and transmit to Congress the following determinations, along with reports in classified and unclassified form detailing the basis for each determination, on or before July 1, 2007--
(1) whether the Government of Iraq has given United States Armed Forces and Iraqi Security Forces the authority to pursue all extremists, including Sunni insurgents and Shiite militias, and is making substantial progress in delivering necessary Iraqi Security Forces for Baghdad and protecting such Forces from political interference; intensifying efforts to build balanced security forces throughout Iraq that provide even-handed security for all Iraqis; ensuring that Iraq's political authorities are not undermining or making false accusations against members of the Iraqi Security Forces; eliminating militia control of local security; establishing a strong militia disarmament program; ensuring fair and just enforcement of laws; establishing political, media, economic, and service committees in support of the Baghdad Security Plan; and eradicating safe havens;
(2) whether the Government of Iraq is making substantial progress in meeting its commitment to pursue reconciliation initiatives, including enactment of a hydro-carbon law; adoption of legislation necessary for the conduct of provincial and local elections; reform of current laws governing the de-Baathification process; amendment of the Constitution of Iraq; and allocation of Iraqi revenues for reconstruction projects;
(3) whether the Government of Iraq and United States Armed Forces are making substantial progress in reducing the level of sectarian violence in Iraq; and
(4) whether the Government of Iraq is ensuring the rights of minority political parties in the Iraqi Parliament are protected.
(b) If the President fails to make any of the determinations specified in subsection (a), the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq no later than July 1, 2007, with a goal of completing such redeployment within 180 days.
(c) If the President makes the determinations specified in subsection (a), the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq not later than October 1, 2007, with a goal of completing such redeployment within 180 days.
(d) Notwithstanding any other provision of law, funds appropriated or otherwise made available in this or any other Act are immediately available for obligation and expenditure to plan and execute a safe and orderly redeployment of the Armed Forces from Iraq, as specified in subsections (b) and (c).
(e) After the conclusion of the redeployment specified in subsections (b) and (c), the Secretary of Defense may not deploy or maintain members of the Armed Forces in Iraq for any purpose other than the following:
(1) Protecting American diplomatic facilities and American citizens, including members of the United States Armed Forces.
(2) Serving in roles consistent with customary diplomatic positions.
(3) Engaging in targeted special actions limited in duration and scope to killing or capturing members of al-Qaeda and other terrorist organizations with global reach.
(4) Training and equipping members of the Iraqi Security Forces.
(f) Notwithstanding any other provision of law, 50 percent of the funds appropriated by title I of this Act for assistance to Iraq under each of the headings `Economic Support Fund' and `International Narcotics Control and Law Enforcement' shall be withheld from obligation until the President has made a certification to Congress that the Government of Iraq has enacted a broadly accepted hydro-carbon law that equitably shares oil revenues among all Iraqis; adopted legislation necessary for the conduct of provincial and local elections, taken steps to implement such legislation, and set a schedule to conduct provincial and local elections; reformed current laws governing the de-Baathification process to allow for more equitable treatment of individuals affected by such laws; amended the Constitution of Iraq consistent with the principles contained in Article 137 of such constitution; and allocated and begun expenditure of $10,000,000,000 in Iraqi revenues for reconstruction projects, including delivery of essential services, on an equitable basis.
(g) The requirement to withhold funds from obligation pursuant to subsection (f) shall not apply with respect to funds made available under the heading `Economic Support Fund' for continued support for the Community Action Program and Community Stabilization Program in Iraq administered by the United States Agency for International Development or for programs and activities to promote democracy in Iraq.
(h) Beginning on September 1, 2007, 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 regarding the criteria set forth in subsection (a).
TITLE II
ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY
CHAPTER 1
DEPARTMENT OF AGRICULTURE
GENERAL PROVISION--THIS CHAPTER
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 as in effect on September 30, 2006, notwithstanding the provisions of section 511 of said Act, $50,000,000, to remain available until expended: Provided, That the amount made available under this heading shall be for local law enforcement initiatives in the Gulf Coast region related to the aftermath of Hurricanes Katrina and Rita: Provided further, That these funds shall be apportioned among the States in quotient to their level of violent crime as estimated by the Federal Bureau of Investigation's Uniform Crime Report for the year 2005.
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 the consequences of Hurricanes Katrina and Rita on the shrimp and fishing industries, $110,000,000, to remain available until September 30, 2008.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
exploration capabilities
For an additional amount for `Exploration Capabilities' for necessary expenses related to the consequences of Hurricane Katrina, $35,000,000, to remain available until September 30, 2009.
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, $25,300,000, 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.
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, $1,407,700,000, 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 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 $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 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: Provided further, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide a monthly report to the House and Senate Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2301. The Secretary is authorized and directed to determine the value of eligible reimbursable expenses incurred by local governments in storm-proofing pumping stations, constructing safe houses for operators, and other interim flood control measures in and around the New Orleans metropolitan area that the Secretary determines to be integral to the overall plan to ensure operability of the stations during hurricanes, storms and high water events and the flood control plan for the area.
SEC. 2302. (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, subject to the approval of the House and Senate Committees on Appropriation.
SEC. 2303. 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. 2304. Using funds made available in Chapter 3 under title II of Public Law 109-234, 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.
CHAPTER 4
SMALL BUSINESS ADMINISTRATION
Disaster Loans Program Account
(INCLUDING TRANSFER OF FUNDS)
Of the unobligated balances under the heading `Small Business Administration, Disaster Loans Program Account', $25,069,000, to remain available until expended, shall be used for administrative expenses to carry out the disaster loan program, which may be transferred to and merged with `Small Business Administration, Salaries and Expenses'.
Of the unobligated balances under the heading `Small Business Administration, Disaster Loans Program Account', $25,000,000 shall be used for loans under section 7(b)(2) of the Small Business Act for businesses located in an area for which the President declared a major disaster because of the hurricanes in the Gulf of Mexico in calendar year 2005, of which not to exceed $8,750,000 is for direct administrative expenses and may be transferred to and merged with `Small Business Administration, Salaries and Expenses' to carry out the disaster loan program of the Small Business Administration.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Disaster Relief', $4,610,000,000, to remain available until expended: Provided, That $4,000,000 shall be transferred to `Office of Inspector General'.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2501. (a) IN GENERAL- Notwithstanding any other provision of law, including any agreement, the Federal share of assistance, including direct Federal assistance, provided for the States of Louisiana, Mississippi, Florida, Alabama, and Texas in connection with Hurricanes Katrina, Wilma, Dennis, and Rita under sections 403, 406, 407, and 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, and 5174) shall be 100 percent of the eligible costs under such sections.
(b) APPLICABILITY- The Federal share provided by subsection (a) shall apply to disaster assistance applied for before the date of enactment of this Act.
SEC. 2502. (a) Community Disaster Loan Act-
(1) IN GENERAL- Section 2(a) of the Community Disaster Loan Act of 2005 (Public Law 109-88) is amended by striking `Provided further, That notwithstanding section 417(c)(1) of the Stafford Act, such loans may not be canceled:'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall be effective on the date of enactment of the Community Disaster Loan Act of 2005 (Public Law 109-88).
(b) Emergency Supplemental Appropriations Act-
(1) IN GENERAL- 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) is amended under Federal Emergency Management Agency, `Disaster Assistance Direct Loan Program Account' by striking `Provided further, That notwithstanding section 417(c)(1) of such Act, such loans may not be canceled:'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall be effective on the date of enactment of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234).
SEC. 2503. (a) IN GENERAL- Section 2401 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234) is amended by striking `12 months' and inserting `24 months'.
(b) EFFECTIVE DATE- The amendment made by this section shall be effective on the date of enactment of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234).
CHAPTER 6
DEPARTMENT OF THE INTERIOR
National Park Service
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, $10,000,000, 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.
GENERAL PROVISION--THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
SEC. 2601. Of the disaster relief funds from Public Law 109-234, 120 Stat. 418, 461, (June 30, 2006), chapter 5, `National Park Service--Historic Preservation Fund', for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season that were allocated to the State of Mississippi by the National Park Service, $500,000 is hereby transferred to the `National Park Service--National Recreation and Preservation' appropriation: Provided, That these funds may be used to reconstruct destroyed properties that at the time of destruction were listed in the National Register of Historic Places and are otherwise qualified to receive these funds: Provided further, That the State Historic Preservation Officer certifies that, for the community where that destroyed property was located, the property is iconic to or essential to illustrating that community's historic identity, that no other property in that community with the same associative historic value has survived, and that sufficient historical documentation exists to ensure an accurate reproduction.
CHAPTER 7
DEPARTMENT OF EDUCATION
Higher Education
For an additional amount under part B of title VII of the Higher Education Act of 1965 (`HEA') for institutions of higher education (as defined in section 101 or section 102(c) of that Act) that are located in an area in which a major disaster was declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act related to Hurricanes Katrina or Rita, $30,000,000: Provided, That such funds shall be available to the Secretary of Education only for payments to help defray the expenses (which may include lost revenue, reimbursement for expenses already incurred, and construction) incurred by such institutions of higher education that were forced to close, relocate or significantly curtail their activities as a result of damage directly caused by such hurricanes and for payments to enable such institutions to provide grants to students who attend such institutions for academic years beginning on or after July 1, 2006: Provided further, That such payments shall be made in accordance with criteria established by the Secretary and made publicly available without regard to section 437 of the General Education Provisions Act, section 553 of title 5, United States Code, or part B of title VII of the HEA.
Hurricane Education Recovery
For carrying out activities authorized by subpart 1 of part D of title V of the Elementary and Secondary Education Act of 1965, $30,000,000, to remain available until expended, for use by the States of Louisiana, Mississippi, and Alabama primarily for recruiting, retaining, and compensating new and current teachers, school principals, assistant principals, principal resident directors, assistant directors, and other educators, who commit to work for at least three years in school-based positions in public elementary and secondary schools located in an area with respect to which a major disaster was declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) by reason of Hurricane Katrina or Hurricane Rita, including through such mechanisms as paying salary premiums, performance bonuses, housing subsidies, signing bonuses, and relocation costs and providing loan forgiveness, with priority given to teachers and school-based school principals, assistant principals, principal resident directors, assistant directors, and other educators who previously worked or lived in one of the affected areas, are currently employed (or become employed) in such a school in any of the affected areas after those disasters, and commit to continue that employment for at least 3 years, Provided, That funds available under this heading to such States may also be used for 1 or more of the following activities: (1) to build the capacity, knowledge, and skill of teachers and school-based school principals, assistant principals, principal resident directors, assistant directors, and other educators in such public elementary and secondary schools to provide an effective education, including the design, adaptation, and implementation of high-quality formative assessments; (2) the establishment of partnerships with nonprofit entities with a demonstrated track record in recruiting and retaining outstanding teachers and other school-based school principals, assistant principals, principal resident directors, and assistant directors; and (3) paid release time for teachers and principals to identify and replicate successful practices from the fastest-improving and highest-performing schools: Provided further, That the Secretary of Education shall allocate amounts available under this heading among such States that submit applications; that such allocation shall be based on the number of public elementary and secondary schools in each State that were closed for 19 days or more during the period beginning on August 29, 2005, and ending on December 31, 2005, due to Hurricane Katrina or Hurricane Rita; and that such States shall in turn allocate funds to local educational agencies, with priority given first to such agencies with the highest percentages of public elementary and secondary schools that are closed as a result of such hurricanes as of the date of enactment of this Act and then to such agencies with the highest percentages of public elementary and secondary schools with a student-teacher ratio of at least 25 to 1, and with any remaining amounts to be distributed to such agencies with demonstrated need, as determined by the State Superintendent of Education: Provided further, That, in the case of any State that chooses to use amounts available under this heading for performance bonuses, not later than 60 days after the date of enactment of this Act, and in collaboration with local educational agencies, teachers' unions, local principals' organizations, local parents' organizations, local business organizations, and local charter schools organizations, the State educational agency shall develop a plan for a rating system for performance bonuses, and if no agreement has been reached that is satisfactory to all consulting entities by such deadline, the State educational agency shall immediately send a letter notifying Congress and shall, not later than 30 days after such notification, establish and implement a rating system that shall be based on classroom observation and feedback more than once annually, conducted by multiple sources (including, but not limited to, principals and master teachers), and evaluated against research-based rubrics that use planning, instructional, and learning environment standards to measure teacher performance, except that the requirements of this proviso shall not apply to a State that has enacted a State law in 2006 authorizing performance pay for teachers.
PROGRAMS TO RESTART SCHOOL OPERATIONS
Funds made available under section 102 of the Hurricane Education Recovery Act (title IV of division B of Public Law 109-148) may be used by the States of Louisiana, Mississippi, Alabama, and Texas, in addition to the uses of funds described in section 102(e), for the following costs: (1) recruiting, retaining, and compensating new and current teachers, school principals, assistant principals, principal resident directors, assistant directors, and other educators for school-based positions in public elementary and secondary schools impacted by Hurricane Katrina or Hurricane Rita, including through such mechanisms as paying salary premiums, performance bonuses, housing subsidies, signing bonuses, and relocation costs and providing loan forgiveness; (2) activities to build the capacity, knowledge, and skills of teachers and school-based school principals, assistant principals, principal resident directors, assistant directors, and other educators in such public elementary and secondary schools to provide an effective education, including the design, adaptation, and implementation of high-quality formative assessments; (3) the establishment of partnerships with nonprofit entities with a demonstrated track record in recruiting and retaining outstanding teachers and school-based school principals, assistant principals, principal resident directors, and assistant directors; and (4) paid release time for teachers and principals to identify and replicate successful practices from the fastest-improving and highest-performing schools.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2701. Section 105(b) of title IV of division B of Public Law 109-148 is amended by adding at the end the following new sentence: `With respect to the program authorized by section 102 of this Act, the waiver authority in subsection (a) of this section shall be available until the end of fiscal year 2008.'.
SEC. 2702. Notwithstanding section 2002(c) of the Social Security Act (42 U.S.C. 1397a(c)), funds made available under the heading `Social Services Block Grant' in division B of Public Law 109-148 shall be available for expenditure by the States through the end of fiscal year 2009.
SEC. 2703. (a) In the event that Louisiana, Mississippi, Alabama, or Texas fails to meet its match requirement with funds appropriated in fiscal years 2006 or 2007, for fiscal years 2008 and 2009, the Secretary of Health and Human Services may waive the application of section 2617(d)(4) of the Public Health Service Act for Louisiana, Mississippi, Alabama, and Texas.
(b) The Secretary may not exercise the waiver authority available under subsection (a) to allow a grantee to provide less than a 25 percent matching grant.
(c) For grant years beginning in 2008, Louisiana, Mississippi, Alabama, and Texas and any eligible metropolitan area in Louisiana, Mississippi, Alabama, and Texas shall comply with each of the applicable requirements under title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et seq.).
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $682,942,000, to remain available until expended: Provided, That section 125(d)(1) of title 23, United States Code, shall not apply to emergency relief projects that respond to damage caused by the 2005-2006 winter storms in the State of California: Provided further, That of the unobligated balances of funds apportioned to each State under chapter 1 of title 23, United States Code, $682,942,000 are rescinded: Provided further, That such rescission shall not apply to the funds distributed in accordance with sections 130(f) and 104(b)(5) of title 23, United States Code; sections 133(d)(1) and 163 of such title, as in effect on the day before the date of enactment of Public Law 109-59; and the first sentence of section 133(d)(3)(A) of such title.
Federal Transit Administration
FORMULA GRANTS
For an additional amount to be allocated by the Secretary to recipients of assistance under chapter 53 of title 49, United States Code, directly affected by Hurricanes Katrina and Rita, $35,000,000, for the operating and capital costs of transit services, to remain available until expended: Provided, That the Federal share for any project funded from this amount shall be 100 percent.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Inspector General
For an additional amount for the Office of Inspector General, for the necessary costs related to the consequences of Hurricanes Katrina and Rita, $7,000,000, to remain available until expended.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2801. The third proviso under the heading `Department of Housing and Urban Development--Public and Indian Housing--Tenant-Based Rental Assistance' in chapter 9 of title I of division B of Public Law 109-148 (119 Stat. 2779) is amended by striking `for up to 18 months' and inserting `until December 31, 2007'.
SEC. 2802. Section 21033 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289, as amended by Public Law 110-5) is amended by adding after the third proviso: `: Provided further, That notwithstanding the previous proviso, except for applying the 2007 Annual Adjustment Factor and making any other specified adjustments, public housing agencies specified in category 1 below shall receive funding for calendar year 2007 based on the higher of the amounts the agencies would receive under the previous proviso or the amounts the agencies received in calendar year 2006, and public housing agencies specified in categories 2 and 3 below shall receive funding for calendar year 2007 equal to the amounts the agencies received in calendar year 2006, except that public housing agencies specified in categories 1 and 2 below shall receive funding under this proviso only if, and to the extent that, any such public housing agency submits a plan, approved by the Secretary, that demonstrates that the agency can effectively use within 12 months the funding that the agency would receive under this proviso that is in addition to the funding that the agency would receive under the previous proviso: (1) public housing agencies that are eligible for assistance under section 901 in Public Law 109-148 (119 Stat. 2781) or are located in the same counties as those eligible under section 901 and operate voucher programs under section 8(o) of the U.S. Housing Act of 1937 but do not operate public housing under section 9 of such Act, and any public housing agency that otherwise qualifies under this category must demonstrate that they have experienced a loss of rental housing stock as a result of the 2005 hurricanes; (2) public housing agencies that would receive less funding under the previous proviso than they would receive under this proviso and that have been placed in receivership or the Secretary has declared to be in breach of an Annual Contributions Contract by June 1, 2007; and (3) public housing agencies that spent more in calendar year 2006 than the total of the amounts of any such public housing agency's allocation amount for calendar year 2006 and the amount of any such public housing agency's available housing assistance payments undesignated funds balance from calendar year 2005 and the amount of any such public housing agency's available administrative fees undesignated funds balance through calendar year 2006'.
SEC. 2803. Section 901 of Public Law 109-148 is amended by deleting `calendar year 2006' and inserting `calendar years 2006 and 2007'.
TITLE III
OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for `Operations, Research, and Facilities', $60,400,000, to remain available until September 30, 2008: Provided, That the National Marine Fisheries Service shall cause such amounts 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.
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
OPERATION AND MAINTENANCE
For an additional amount for `Operation and Maintenance' to dredge navigation channels related to the consequences of 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), to support emergency operations, repairs and other activities in response to flood, drought and earthquake emergencies as authorized by law, $150,000,000, to remain available until expended: Provided, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide a monthly report to the House and Senate Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.
DEPARTMENT OF THE 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.
CHAPTER 3
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.
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 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 PROVISION--THIS CHAPTER
SEC. 3301. (a) For fiscal year 2007, payments shall be made from any revenues, fees, penalties, or miscellaneous receipts described in sections 102(b)(3) and 103(b)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note), not to exceed $100,000,000, and the payments shall be made, to the maximum extent practicable, in the same amounts, for the same purposes, and in the same manner as were made to States and counties in 2006 under that Act.
(b) There is appropriated $425,000,000, to remain available until December 31, 2007, to be used to cover any shortfall for payments made under this section from funds not otherwise appropriated.
(c) Titles II and III of Public Law 106-393 are amended, effective September 30, 2006, by striking `2006' and `2007' each place they appear and inserting `2007' and `2008', respectively.
CHAPTER 4
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH AND TRAINING
For an additional amount for `Department of Health and Human Services, Centers for Disease Control and Prevention, Disease Control, Research and Training', to carry out section 501 of the Federal Mine Safety and Health Act of 1977 and section 6 of the Mine Improvement and New Emergency Response Act of 2006, $13,000,000 for research to develop mine safety technology, including necessary repairs and improvements to leased laboratories: Provided, That progress reports on technology development shall be submitted to the House and Senate Committees on Appropriations and the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives on a quarterly basis: Provided further, That the amount provided under this heading shall remain available until September 30, 2008.
For an additional amount for `Department of Health and Human Services, Centers for Disease Control and Prevention, Disease Control, Research and Training', to carry out activities under section 5011(b) of the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (Public Law 109-148), $50,000,000, to remain available until expended.
Administration for Children and Families
LOW-INCOME HOME ENERGY ASSISTANCE
For an additional amount for `Low-Income Home Energy Assistance' under section 2604(a) through (d) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a) through (d)), $200,000,000.
For an additional amount for `Low-Income Home Energy Assistance' under section 2604(e) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), $200,000,000.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Public Health and Social Services Emergency Fund' to prepare for and respond to an influenza pandemic, $625,000,000, to remain available until expended: Provided, That this amount shall be for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided further, That products purchased with these funds may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile: Provided further, That notwithstanding section 496(b) of the Public Health Service Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic vaccine and other biologicals, where the Secretary finds such a contract necessary to secure sufficient supplies of such vaccines or biologicals: Provided further, That funds appropriated herein may be transferred to other appropriation accounts of the Department of Health and Human Services, as determined by the Secretary to be appropriate, to be used for the purposes specified in this sentence.
COVERED COUNTERMEASURE PROCESS FUND
For carrying out section 319F-4 of the Public Health Service Act (42 U.S.C. 247d-6e) to compensate individuals for injuries caused by H5N1 vaccine, in accordance with the declaration regarding avian influenza viruses issued by the Secretary of Health and Human Services on January 26, 2007, pursuant to section 319F-3(b) of such Act (42 U.S.C. 247d-6d(b)), $25,000,000, to remain available until expended.
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING RESCISSIONS)
SEC. 3401. (a). From unexpended balances available for the Training and Employment Services account under the Department of Labor, the following amounts are hereby rescinded--
(1) $3,589,000 transferred pursuant to the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107-38);
(2) $834,000 transferred pursuant to the Emergency Supplemental Appropriations Act of 1994 (Public Law 103-211); and
(3) $71,000 for the Consortium for Worker Education pursuant to the Emergency Supplemental Act, 2002 (Public Law 107-117).
(b) From unexpended balances available for the State Unemployment Insurance and Employment Service Operations account under the Department of Labor pursuant to the Emergency Supplemental Act, 2002 (Public Law 107-117), $4,100,000 are hereby rescinded.
SEC. 3402. (a) For an additional amount under `Department of Education, Safe Schools and Citizenship Education', $8,594,000 shall be available for Safe and Drug-Free Schools National Programs for competitive grants to local educational agencies to address youth violence and related issues.
(b) The competition under subsection (a) shall be limited to local educational agencies that operate schools currently identified as persistently dangerous under section 9532 of the Elementary and Secondary Education Act of 1965.
CHAPTER 5
LEGISLATIVE BRANCH
ARCHITECT OF THE CAPITOL
Capitol Power Plant
For an additional amount for `Capitol Power Plant', $50,000,000, for utility tunnel repairs and asbestos abatement, to remain available until September 30, 2011: Provided, That the Architect of the Capitol may not obligate any of the funds appropriated under this heading without approval of an obligation plan by the Committees on Appropriations of the Senate and House of Representatives.
CHAPTER 6
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
MEDICAL SERVICES
For an additional amount for `Medical Services', $466,778,000, to remain available until expended, of which $30,000,000 shall be for the establishment of at least one new Level I comprehensive polytrauma center; $9,440,000 shall be for the establishment of polytrauma residential transitional rehabilitation programs; $10,000,000 shall be for additional transition caseworkers; $20,000,000 shall be for substance abuse treatment programs; $20,000,000 shall be for readjustment counseling; $10,000,000 shall be for blind rehabilitation services; $100,000,000 shall be for enhancements to mental health services; $8,000,000 shall be for polytrauma support clinic teams; $5,356,000 shall be for additional polytrauma points of contact; $228,982,000 shall be for treatment of Operation Enduring Freedom and Operation Iraqi Freedom veterans; and $25,000,000 shall be for prosthetics.
MEDICAL ADMINISTRATION
For an additional amount for `Medical Administration', $250,000,000, to remain available until expended.
MEDICAL FACILITIES
For an additional amount for `Medical Facilities', $595,000,000, to remain available until expended, of which $45,000,000 shall be used for facility and equipment upgrades at the Department of Veterans Affairs polytrauma network sites; and $550,000,000 shall be for non-recurring maintenance as identified in the Department of Veterans Affairs Facility Condition Assessment report: Provided, That the amount provided under this heading for non-recurring maintenance shall be allocated in a manner not subject to the Veterans Equitable Resource Allocation: Provided further, That within 30 days of enactment of this Act the Secretary shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan, by project, for non-recurring maintenance prior to obligation: Provided further, That semi-annually, on October 1 and April 1, the Secretary shall submit to the Committees on Appropriations of both Houses of Congress a report on the status of funding for non-recurring maintenance, including obligations and unobligated balances for each project identified in the exp