Calendar No. 83
110th CONGRESS
1st Session
S. 965
[Report No. 110-37]
Making emergency supplemental appropriations for the fiscal year
ending September 30, 2007, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 22, 2007
Mr. BYRD, from the Committee on Appropriations, reported the following
original bill, which was read twice and placed on the calendar
A BILL
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, $475,000,000, to remain
available until expended.
GENERAL PROVISION--THIS CHAPTER
SEC. 1101. There is hereby appropriated $82,000,000 to reimburse the Commodity
Credit Corporation for the release of eligible commodities under section
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1):
Provided, That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used to replenish the Bill Emerson Humanitarian
Trust.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for `Office of the Inspector General', $500,000,
to remain available until September 30, 2008.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for `Salaries and Expenses, General Legal Activities',
$4,093,000, to remain available until September 30, 2008.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for `Salaries and Expenses, United States Attorneys',
$5,000,000, to remain available until September 30, 2008.
United States Marshals Service
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For an additional amount for `Salaries and Expenses, United States Marshals
Service', $25,000,000, to remain available until September 30, 2008.
National Security Division
Salaries and Expenses
For an additional amount for `Salaries and Expenses,' $1,736,000, to remain
available until September 30, 2008.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $348,260,000, of which
$338,260,000 is to remain available until September 30, 2008 and $10,000,000
is to remain available until expended to implement corrective actions in
response to the findings and recommendations in the Department of Justice
Office of Inspector General report entitled, `A Review of the Federal Bureau
of Investigation's Use of National Security Letters'.
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $25,100,000, to remain
available until September 30, 2008.
Bureau of Alcohol, Tobacco, Firearms, and Explosives
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $4,000,000, to remain
available until September 30, 2008.
Federal Prison System
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $17,000,000, to remain
available until September 30, 2008.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for `Military Personnel, Army', $8,870,270,000.
Military Personnel, Navy
For an additional amount for `Military Personnel, Navy', $1,100,410,000.
Military Personnel, Marine Corps
For an additional amount for `Military Personnel, Marine Corps', $1,495,827,000.
Military Personnel, Air Force
For an additional amount for `Military Personnel, Air Force', $1,218,587,000.
Reserve Personnel, Army
For an additional amount for `Reserve Personnel, Army', $147,244,000.
Reserve Personnel, Navy
For an additional amount for `Reserve Personnel, Navy', $77,523,000.
Reserve Personnel, Air Force
For an additional amount for `Reserve Personnel, Air Force', $9,073,000.
National Guard Personnel, Army
For an additional amount for `National Guard Personnel, Army', $474,978,000.
National Guard Personnel, Air Force
For an additional amount for `National Guard Personnel, Air Force', $41,533,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for `Operation and Maintenance, Army', $20,373,379,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Navy', $4,865,003,000,
of which $120,293,000 shall be transferred to Coast Guard, `Operating Expenses',
for reimbursement for activities in support of activities requested by the
Navy.
Operation and Maintenance, Marine Corps
For an additional amount for `Operation and Maintenance, Marine Corps',
$1,101,594,000.
Operation and Maintenance, Air Force
For an additional amount for `Operation and Maintenance, Air Force', $6,685,881,000.
Operation and Maintenance, Defense-Wide
For an additional amount for `Operation and Maintenance, Defense-Wide',
$2,790,669,000, of which--
(1) not to exceed $25,000,000 may be used for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi Freedom and
Operation Enduring Freedom; and
(2) not to exceed $200,000,000, to remain available until expended, may
be used for payments to reimburse Pakistan, Jordan, and other key cooperating
nations, for logistical, military, and other support provided to United
States military operations, notwithstanding any other provision of law:
Provided, That such payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of State,
and in consultation with the Director of the Office of Management and
Budget, may determine, in his discretion, based on documentation determined
by the Secretary of Defense to adequately account for the support provided,
and such determination is final and conclusive upon the accounting officers
of the United States, and 15 days following notification to the appropriate
congressional committees: Provided further, That the Secretary
of Defense shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for `Operation and Maintenance, Army Reserve',
$74,049,000.
Operation and Maintenance, Navy Reserve
For an additional amount for `Operation and Maintenance, Navy Reserve',
$111,066,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for `Operation and Maintenance, Marine Corps Reserve',
$13,591,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for `Operation and Maintenance, Air Force Reserve',
$10,160,000.
Operation and Maintenance, Army National Guard
For an additional amount for `Operation and Maintenance, Army National Guard',
$83,569,000.
Operation and Maintenance, Air National Guard
For an additional amount for `Operation and Maintenance, Air National Guard',
$38,429,000.
Afghanistan Security Forces Fund
For an additional amount for `Afghanistan Security Forces Fund', $5,906,400,000,
to remain available until September 30, 2008.
Iraq Security Forces Fund
For an additional amount for `Iraq Security Forces Fund', $3,842,300,000,
to remain available until September 30, 2008.
Iraq Freedom Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Iraq Freedom Fund', $455,600,000, to remain
available for transfer until September 30, 2008.
Joint Improvised Explosive Device Defeat Fund
For an additional amount for `Joint Improvised Explosive Device Defeat Fund',
$2,432,800,000, to remain available until September 30, 2009.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for `Aircraft Procurement, Army', $619,750,000,
to remain available until September 30, 2009.
Missile Procurement, Army
For an additional amount for `Missile Procurement, Army', $111,473,000,
to remain available until September 30, 2009.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for `Procurement of Weapons and Tracked Combat
Vehicles, Army', $3,400,315,000, to remain available until September 30,
2009.
Procurement of Ammunition, Army
For an additional amount for `Procurement of Ammunition, Army', $681,500,000,
to remain available until September 30, 2009.
Other Procurement, Army
For an additional amount for `Other Procurement, Army', $10,589,272,000,
to remain available until September 30, 2009.
Aircraft Procurement, Navy
For an additional amount for `Aircraft Procurement, Navy', $963,903,000,
to remain available until September 30, 2009.
Weapons Procurement, Navy
For an additional amount for `Weapons Procurement, Navy', $163,813,000,
to remain available until September 30, 2009.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for `Procurement of Ammunition, Navy and Marine
Corps', $159,833,000, to remain available until September 30, 2009.
Other Procurement, Navy
For an additional amount for `Other Procurement, Navy', $722,506,000, to
remain available until September 30, 2009.
Procurement, Marine Corps
For an additional amount for `Procurement, Marine Corps', $1,703,389,000,
to remain available until September 30, 2009.
Aircraft Procurement, Air Force
For an additional amount for `Aircraft Procurement, Air Force', $1,431,756,000,
to remain available until September 30, 2009.
Missile Procurement, Air Force
For an additional amount for `Missile Procurement, Air Force', $78,900,000,
to remain available until September 30, 2009.
Procurement of Ammunition, Air Force
For an additional amount for `Procurement of Ammunition, Air Force', $6,000,000,
to remain available until September 30, 2009.
Other Procurement, Air Force
For an additional amount for `Other Procurement, Air Force', $1,972,131,000,
to remain available until September 30, 2009.
Procurement, Defense-Wide
For an additional amount for `Procurement, Defense-Wide', $903,092,000,
to remain available until September 30, 2009.
National Guard and Reserve Equipment
For an additional amount for `National Guard and Reserve Equipment', $1,000,000,000,
to remain available until September 30, 2009.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for `Research, Development, Test and Evaluation,
Army', $125,576,000, to remain available until September 30, 2008.
Research, Development, Test and Evaluation, Navy
For an additional amount for `Research, Development, Test and Evaluation,
Navy', $308,212,000, to remain available until September 30, 2008.
Research, Development, Test and Evaluation, Air Force
For an additional amount for `Research, Development, Test and Evaluation,
Air Force', $233,869,000, to remain available until September 30, 2008.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for `Research, Development, Test and Evaluation,
Defense-Wide', $522,804,000, to remain available until September 30, 2008.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
For an additional amount for `National Defense Sealift Fund', $5,000,000.
Defense Working Capital Funds
For an additional amount for `Defense Working Capital Funds', $1,315,526,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for `Defense Health Program', $2,466,847,000; of
which $2,277,147,000 shall be for operation and maintenance; of which $118,000,000,
to remain available for obligation until September 30, 2009, shall be for
Procurement; and of which $71,700,000, to remain available for obligation
until September 30, 2008, shall be for Research, development, test and evaluation.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Drug Interdiction and Counter-Drug Activities,
Defense', $254,665,000, to remain available until expended: Provided,
That these funds may be used only for such activities related to Afghanistan
and Central Asia: Provided further, That the Secretary of Defense
may transfer such funds only to appropriations for military personnel; operation
and maintenance; procurement; and research, development, test and evaluation:
Provided further, That the funds transferred shall be merged with
and be available for the same purposes and for the same time period as the
appropriation to which transferred: Provided further, That the
transfer authority provided in this paragraph is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation.
RELATED AGENCY
Intelligence Community Management Account
For an additional amount for `Intelligence Community Management Account',
$71,726,000.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 1301. Appropriations provided in this chapter are available for obligation
until September 30, 2007, unless otherwise provided in this chapter.
(TRANSFER OF FUNDS)
SEC. 1302. Upon his determination that such action is necessary in the national
interest, the Secretary of Defense may transfer between appropriations up
to $3,500,000,000 of the funds made available to the Department of Defense
in this title: Provided, That the Secretary shall notify the Congress
promptly of each transfer made pursuant to the authority in this section:
Provided further, That the authority provided in this section is
in addition to any other transfer authority available to the Department
of Defense and is subject to the same terms and conditions as the authority
provided in section 8005 of the Department of Defense Appropriations Act,
2007 (Public Law 109-289; 120 Stat. 1257), except for the fourth proviso:
Provided further, That funds previously transferred to the `Joint
Improvised Explosive Device Defeat Fund' and the `Iraq Security Forces Fund'
under the authority of section 8005 of Public Law 109-289 and transferred
back to their source appropriations accounts shall not be taken into account
for purposes of the limitation on the amount of funds that may be transferred
under section 8005.
SEC. 1303. Funds appropriated in this chapter, or made available by the
transfer of funds in or pursuant to this chapter, for intelligence activities
are deemed to be specifically authorized by the Congress for purposes of
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
SEC. 1304. None of the funds provided in this chapter may be used to finance
programs or activities denied by Congress in fiscal years 2006 or 2007 appropriations
to the Department of Defense or to initiate a procurement or research, development,
test and evaluation new start program without prior written notification
to the congressional defense committees.
SEC. 1305. During fiscal year 2007, the Secretary of Defense may transfer
not to exceed $6,300,000 of the amounts in or credited to the Defense Cooperation
Account, pursuant to 10 U.S.C. 2608, to such appropriations or funds of
the Department of Defense as he shall determine for use consistent with
the purposes for which such funds were contributed and accepted: Provided,
That such amounts shall be available for the same time period as the appropriation
to which transferred: Provided further, That the Secretary shall
report to the Congress all transfers made pursuant to this authority.
SEC. 1306. (a) AUTHORITY TO PROVIDE SUPPORT- Of the amount appropriated
by this title under the heading, `Drug Interdiction and Counter-Drug Activities,
Defense', not to exceed $60,000,000 may be used for support for counter-drug
activities of the Governments of Afghanistan, Kazakhstan, and Pakistan:
Provided, That such support shall be in addition to support provided
for the counter-drug activities of such Governments under any other provision
of the law.
(1) Except as specified in subsection (b)(2) of this section, the support
that may be provided under the authority in this section shall be limited
to the types of support specified in section 1033(c)(1) of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85, as
amended by Public Laws 106-398, 108-136, and 109-364) and conditions on
the provision of support as contained in section 1033 shall apply for
fiscal year 2007.
(2) The Secretary of Defense may transfer vehicles, aircraft, and detection,
interception, monitoring and testing equipment to said Governments for
counter-drug activities.
SEC. 1307. (a) From funds made available for operations and maintenance
in this title to the Department of Defense, not to exceed $456,400,000 may
be used, notwithstanding any other provision of law, to fund the Commander's
Emergency Response Program, for the purpose of enabling military commanders
in Iraq and Afghanistan to respond to urgent humanitarian relief and reconstruction
requirements within their areas of responsibility by carrying out programs
that will immediately assist the Iraqi and Afghan people.
(b) QUARTERLY REPORTS- Not later than 15 days after the end of each fiscal
year quarter, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the allocation
and use of funds during that quarter that were made available pursuant to
the authority provided in this section or under any other provision of law
for the purposes of the programs under subsection (a).
SEC. 1308. During fiscal year 2007, supervision and administration costs
associated with projects carried out with funds appropriated to `Afghanistan
Security Forces Fund' or `Iraq Security Forces Fund' in this chapter may
be obligated at the time a construction contract is awarded: Provided,
That for the purpose of this section, supervision and administration costs
include all in-house Government costs.
SEC. 1309. Section 1005(c)(2) of the National Defense Authorization Act,
Fiscal Year 2007 (Public Law 109-364) is amended by striking `$310,277,000'
and inserting `$376,446,000'.
SEC. 1310. None of the funds appropriated or otherwise made available by
this or any other Act shall be obligated or expended by the United States
Government for a purpose as follows:
(1) To establish any military installation or base for the purpose of
providing for the permanent stationing of United States Armed Forces in
Iraq.
(2) To exercise United States control over any oil resource of Iraq.
SEC. 1311. None of the funds made available in this Act may be used in contravention
of the following laws enacted or regulations promulgated to implement the
United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code;
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of
1998 (division G of Public Law 105-277; 112 Stat. 2681-822; 8 U.S.C. 1231
note) and regulations prescribed thereto, including regulations under
part 208 of title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations; and
(3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
SEC. 1312. Section 9007 of Public Law 109-289 is amended by striking `20'
and inserting `287'.
SEC. 1313. INSPECTION OF MILITARY MEDICAL TREATMENT FACILITIES, MILITARY
QUARTERS HOUSING MEDICAL HOLD PERSONNEL, AND MILITARY QUARTERS HOUSING MEDICAL
HOLDOVER PERSONNEL.L (a) Periodic Inspection Required-
(1) IN GENERAL- Not later than 180 days after the date of the enactment
of this Act, and annually thereafter, the Secretary of Defense shall inspect
each facility of the Department of Defense as follows:
(A) Each military medical treatment facility.
(B) Each military quarters housing medical hold personnel.
(C) Each military quarters housing medical holdover personnel.
(2) PURPOSE- The purpose of an inspection under this subsection is to
ensure that the facility or quarters concerned meets acceptable standards
for the maintenance and operation of medical facilities, quarters housing
medical hold personnel, or quarters housing medical holdover personnel,
as applicable.
(b) Acceptable Standards- For purposes of this section, acceptable standards
for the operation and maintenance of military medical treatment facilities,
military quarters housing medical hold personnel, or military quarters housing
medical holdover personnel are each of the following:
(1) Generally accepted standards for the accreditation of non-military
medical facilities, or for facilities used to quarter individuals with
medical conditions that may require medical supervision, as applicable,
in the United States.
(2) Standards under the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(c) Additional Inspections on Identified Deficiencies-
(1) IN GENERAL- In the event a deficiency is identified pursuant to subsection
(a) at a facility or quarters described in paragraph (1) of that subsection--
(A) the commander of such facility or quarters, as applicable, shall
submit to the Secretary a detailed plan to correct the deficiency; and
(B) the Secretary shall reinspect such facility or quarters, as applicable,
not less often than once every 180 days until the deficiency is corrected.
(2) CONSTRUCTION WITH OTHER INSPECTIONS- An inspection of a facility or
quarters under this subsection is in addition to any inspection of such
facility or quarters under subsection (a).
(d) Reports on Inspections- A complete copy of the report on each inspection
conducted under subsections (a) and (c) shall be submitted in unclassified
form to the applicable military medical command and to the congressional
defense committees.
(e) Report on Standards- In the event no standards for the maintenance and
operation of military medical treatment facilities, military quarters housing
medical hold personnel, or military quarters housing medical holdover personnel
exist as of the date of the enactment of this Act, or such standards as
do exist do not meet acceptable standards for the maintenance and operation
of such facilities or quarters, as the case may be, the Secretary shall,
not later than 30 days after that date, submit to Congress a report setting
forth the plan of the Secretary to ensure--
(1) the adoption by the Department of standards for the maintenance and
operation of military medical facilities, military quarters housing medical
hold personnel, or military quarters housing medical holdover personnel,
as applicable, that meet--
(A) acceptable standards for the maintenance and operation of such facilities
or quarters, as the case may be; and
(B) standards under the Americans with Disabilities Act of 1990; and
(2) the comprehensive implementation of the standards adopted under paragraph
(1) at the earliest date practicable.
SEC. 1314. From funds made available for the `Iraq Security Forces Fund'
for fiscal year 2007, up to $155,500,000 may be used, notwithstanding any
other provision of law, to provide assistance, with the concurrence of the
Secretary of State, to the Government of Iraq to support the disarmament,
demobilization, and reintegration of militias and illegal armed groups.
SEC. 1315. REVISION OF UNITED STATES POLICY ON IRAQ. (a) Findings- Congress
makes the following findings:
(1) Congress and the American people will continue to support and protect
the members of the United States Armed Forces who are serving or have
served bravely and honorably in Iraq.
(2) The circumstances referred to in the Authorization for Use of Military
Force Against Iraq Resolution of 2002 (Public Law 107-243) have changed
substantially.
(3) United States troops should not be policing a civil war, and the current
conflict in Iraq requires principally a political solution.
(4) United States policy on Iraq must change to emphasize the need for
a political solution by Iraqi leaders in order to maximize the chances
of success and to more effectively fight the war on terror.
(b) Prompt Commencement of Phased Redeployment of United States Forces From
Iraq-
(1) TRANSITION OF MISSION- The President shall promptly transition the
mission of United States forces in Iraq to the limited purposes set forth
in paragraph (2).
(2) COMMENCEMENT OF PHASED REDEPLOYMENT FROM IRAQ- The President shall
commence the phased redeployment of United States forces from Iraq not
later than 120 days after the date of the enactment of this Act, with
the goal of redeploying, by March 31, 2008, all United States combat forces
from Iraq except for a limited number that are essential for the following
purposes:
(A) Protecting United States and coalition personnel and infrastructure.
(B) Training and equipping Iraqi forces.
(C) Conducting targeted counter-terrorism operations.
(3) COMPREHENSIVE STRATEGY- Paragraph (2) shall be implemented as part
of a comprehensive diplomatic, political, and economic strategy that includes
sustained engagement with Iraq's neighbors and the international community
for the purpose of working collectively to bring stability to Iraq.
(4) REPORTS REQUIRED- Not later than 60 days after the date of the enactment
of this Act, and every 90 days thereafter, the President shall submit
to Congress a report on the progress made in transitioning the mission
of the United States forces in Iraq and implementing the phased redeployment
of United States forces from Iraq as required under this subsection, as
well as a classified campaign plan for Iraq, including strategic and operational
benchmarks and projected redeployment dates of United States forces from
Iraq.
(c) Benchmarks for the Government of Iraq-
(1) SENSE OF CONGRESS- It is the sense of Congress that--
(A) achieving success in Iraq is dependent on the Government of Iraq
meeting specific benchmarks, as reflected in previous commitments made
by the Government of Iraq, including--
(i) deploying trained and ready Iraqi security forces in Baghdad;
(ii) strengthening the authority of Iraqi commanders to make tactical
and operational decisions without political intervention;
(iii) disarming militias and ensuring that Iraqi security forces are
accountable only to the central government and loyal to the constitution
of Iraq;
(iv) enacting and implementing legislation to ensure that the energy
resources of Iraq benefit all Iraqi citizens in an equitable manner;
(v) enacting and implementing legislation that equitably reforms the
de-Ba'athification process in Iraq;
(vi) ensuring a fair process for amending the constitution of Iraq
so as to protect minority rights; and
(vii) enacting and implementing rules to equitably protect the rights
of minority political parties in the Iraqi Parliament; and
(B) each benchmark set forth in subparagraph (A) should be completed
expeditiously and pursuant to a schedule established by the Government
of Iraq.
(2) REPORT- Not later than 30 days after the date of the enactment of
this Act, and every 60 days thereafter, the Commander, Multi-National
Forces-Iraq shall submit to Congress a report describing and assessing
in detail the current progress being made by the Government of Iraq in
meeting the benchmarks set forth in paragraph (1)(A).
CHAPTER 4
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for `Defense Nuclear Nonproliferation', $63,000,000.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
United States Customs and Border Protection
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $140,000,000, to remain
available until September 30, 2008.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
For an additional amount for `Air and Marine Interdiction, Operations, Maintenance,
and Procurement', for air and marine operations on the Northern Border and
the Great Lakes, including the final Northern Border air wing, $75,000,000,
to remain available until September 30, 2008.
Immigration and Customs Enforcement
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $20,000,000, to remain
available until September 30, 2008.
Transportation Security Administration
AVIATION SECURITY
For an additional amount for `Aviation Security', $660,000,000; of which
$600,000,000 shall be for procurement and installation of checked baggage
explosives detection systems, to remain available until expended; and $60,000,000
shall be for air cargo security, to remain available until September 30,
2008.
FEDERAL AIR MARSHALS
For an additional amount for `Federal Air Marshals', $15,000,000, to remain
available until September 30, 2008.
Preparedness
management and administration
For an additional amount for `Office of the Chief Medical Officer' for nuclear
preparedness and other activities, $18,000,000, to remain available until
September 30, 2008.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
For an additional amount for `Infrastructure Protection and Information
Security' for chemical site security activities, $18,000,000, to remain
available until September 30, 2008.
Federal Emergency Management Agency
ADMINISTRATIVE AND REGIONAL OPERATIONS
For an additional amount for `Administrative and Regional Operations' for
necessary expenses related to title V of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq. (as amended by section 611 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 701 note; Public Law 109-295))),
$20,000,000, to remain available until September 30, 2008: Provided,
That none of the funds available under this heading may be obligated until
the Committees on Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure.
STATE AND LOCAL PROGRAMS
For an additional amount for `State and Local Programs', $850,000,000; of
which $190,000,000 shall be for port security pursuant to section 70107(l)
of title 46 United States Code; $625,000,000 shall be for intercity rail
passenger transportation, freight rail, and transit security grants; and
$35,000,000 shall be for regional grants and technical assistance to high
risk urban areas for catastrophic event planning and preparedness: Provided,
That none of the funds made available under this heading may be obligated
for such regional grants and technical assistance until the Committees on
Appropriations of the Senate and the House of Representatives receive and
approve a plan for expenditure: Provided further, That funds for
such regional grants and technical assistance shall remain available until
September 30, 2008.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For an additional amount for `Emergency Management Performance Grants' for
necessary expenses related to the Nationwide Plan Review, $100,000,000.
United States Citizenship and Immigration Services
For an additional amount for expenses of `United States Citizenship and
Immigration Services' to address backlogs of security checks associated
with pending applications and petitions, $30,000,000, to remain available
until September 30, 2008: Provided, That none of the funds made
available under this heading shall be available for obligation until the
Secretary of Homeland Security, in consultation with the United States Attorney
General, submits to the Committees on Appropriations of the Senate and the
House of Representatives a plan to eliminate the backlog of security checks
that establishes information sharing protocols to ensure United States Citizenship
and Immigration Services has the information it needs to carry out its mission.
Science and Technology
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For an additional amount for `Research, Development, Acquisition, and Operations'
for air cargo research, $15,000,000, to remain available until expended.
Domestic Nuclear Detection Office
RESEARCH, DEVELOPMENT, AND OPERATIONS
For an additional amount for `Research, Development, and Operations' for
non-container, rail, aviation and intermodal radiation detection activities,
$39,000,000, to remain available until expended.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 1501. None of the funds provided in this Act, or Public Law 109-295,
shall be available to carry out section 872 of Public Law 107-296.
SEC. 1502. Section 550 of the Department of Homeland Security Appropriations
Act, 2007 (6 U.S.C. 121 note) is amended by adding at the end the following:
`(h) This section shall not preclude or deny any right of any State or political
subdivision thereof to adopt or enforce any regulation, requirement, or
standard of performance with respect to chemical facility security that
is more stringent than a regulation, requirement, or standard of performance
issued under this section, or otherwise impair any right or jurisdiction
of any State with respect to chemical facilities within that State, unless
there is an actual conflict between this section and the law of that State.'.
CHAPTER 6
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for `Military Construction, Army', $1,261,390,000,
to remain available until September 30, 2008: Provided, That such
funds may be obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law: Provided
further, That of the funds provided under this heading, $280,300,000
shall not be obligated or expended until the Secretary of Defense certifies
that none of the funds are to be used for the purpose of providing facilities
for the permanent basing of U.S. military personnel in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for `Military Construction, Navy and Marine Corps',
$347,890,000, to remain available until September 30, 2008: Provided,
That such funds may be obligated and expended to carry out planning and
design and military construction projects not otherwise authorized by law.
Military Construction, Air Force
For an additional amount for `Military Construction, Air Force', $34,700,000,
to remain available until September 30, 2008: Provided, That such
funds may be obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law.
CHAPTER 7
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for `Diplomatic and Consular Programs', $815,796,000,
to remain available until September 30, 2008, of which $70,000,000 for World
Wide Security Upgrades is available until expended: Provided, That
of the funds appropriated under this heading, not more than $20,000,000
shall be made available for public diplomacy programs: Provided further,
That prior to the obligation of funds pursuant to the previous proviso,
the Secretary of State shall submit a report to the Committees on Appropriations
describing a comprehensive public diplomacy strategy, with goals and expected
results, for fiscal years 2007 and 2008: Provided further, That
within 15 days of enactment of this Act, the Office of Management and Budget
shall apportion $15,000,000 from amounts appropriated or otherwise made
available by chapter 8 of title II of division B of Public Law 109-148 under
the heading `Emergencies in the Diplomatic and Consular Service' for emergency
evacuations: Provided further, That of the amount made available
under this heading for Iraq, not to exceed $20,000,000 may be transferred
to, and merged with, funds in the `Emergencies in the Diplomatic and Consular
Service' appropriations account, to be available only for emergency evacuations
and terrorism rewards.
OFFICE OF INSPECTOR GENERAL
For an additional amount for `Office of Inspector General', $36,500,000,
to remain available until December 31, 2008: Provided, That of
the funds appropriated under this heading, not less than $1,500,000 shall
be made available for activities related to oversight of assistance furnished
for Iraq and Afghanistan with funds appropriated in this Act and in prior
appropriations Acts: Provided further, That $35,000,000 of these
funds shall be transferred to the Special Inspector General for Iraq Reconstruction
for reconstruction oversight.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for `Educational and Cultural Exchange Programs',
$25,000,000, to remain available until expended.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for `Contributions to International Organizations',
$59,000,000, to remain available until September 30, 2008.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for `Contributions for International Peacekeeping
Activities', $200,000,000, to remain available until September 30, 2008.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for `International Broadcasting Operations' for
activities related to broadcasting to the Middle East, $10,000,000, to remain
available until September 30, 2008.
FOREIGN OPERATIONS
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for `Child Survival and Health Programs Fund',
$161,000,000, to remain available until September 30, 2008: Provided,
That notwithstanding any other provision of law, funds made available under
the heading `Millennium Challenge Corporation' and `Global HIV/AIDS Initiative'
in prior Acts making appropriations for foreign operations, export financing
and related programs may be made available to combat the avian influenza,
subject to the regular notification procedures of the Committees on Appropriations.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for `International Disaster and Famine Assistance',
$187,000,000, to remain available until expended: Provided, That
of the funds appropriated under this heading, not less than $65,000,000
shall be made available for assistance for internally displaced persons
in Iraq, not less than $18,000,000 shall be made available for emergency
shelter, fuel and other assistance for internally displaced persons in Afghanistan,
not less than $10,000,000 shall be made available for assistance for northern
Uganda, not less than $10,000,000 shall be made available for assistance
for eastern Democratic Republic of the Congo, and not less than $10,000,000
shall be made available for assistance for Chad.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
For an additional amount for `Operating Expenses of the United States Agency
for International Development', $5,700,000, to remain available until September
30, 2008.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
OFFICE OF INSPECTOR GENERAL
For an additional amount for `Operating Expenses of the United States Agency
for International Development Office of Inspector General', $4,000,000,
to remain available until September 30, 2008: Provided, That of
the funds appropriated under this heading, not less than $3,000,000 shall
be made available for activities related to oversight of assistance furnished
for Iraq with funds appropriated in this Act and in prior appropriations
Acts, and not less than $1,000,000 shall be made available for activities
related to oversight of assistance furnished for Afghanistan with funds
appropriated in this Act and in prior appropriations Acts.
OTHER BILATERAL ECONOMIC ASSISTANCE
Economic Support Fund
For an additional amount for `Economic Support Fund', $2,602,200,000, to
remain available until September 30, 2008: Provided, That of the
funds appropriated under this heading that are available for assistance
for Iraq, not less than $100,000,000 shall be made available to the United
States Agency for International Development for continued support for its
Community Action Program in Iraq, of which not less than $5,000,000 shall
be made available for the fund established by section 2108 of Public Law
109-13: Provided further, That of the funds appropriated under
this heading that are available for assistance for Afghanistan, not less
than $10,000,000 shall be made available to the United States Agency for
International Development for continued support for its Afghan Civilian
Assistance Program: Provided further, That of the funds appropriated
under this heading, not less than $6,000,000 shall be made available for
assistance for elections, reintegration of ex-combatants, and other assistance
to support the peace process in Nepal: Provided further, That of
the funds appropriated under this heading, not less than $3,200,000 shall
be made available, notwithstanding any other provision of law, for assistance
for Vietnam for environmental remediation of dioxin storage sites and to
support health programs in communities near those sites: Provided further,
That funds made available pursuant to the previous proviso should be matched,
to the maximum extent possible, with contributions from other governments,
multilateral organizations, and private sources: Provided further,
That of the funds made available under this heading, not less than $6,000,000
shall be made available for typhoon reconstruction assistance for the Philippines:
Provided further, That of the funds made available under this heading,
not less than $110,000,000 shall be made available for assistance for Pakistan,
of which not less than $5,000,000 shall be made available for political
party development and election monitoring activities: Provided further,
That of the funds appropriated under this heading, not less than $2,000,000
shall be made available to support the peace process in northern Uganda:
Provided further, That of the funds made available under the heading
`Economic Support Fund' in Public Law 109-234 for Iraq to promote democracy,
rule of law and reconciliation, $2,000,000 should be made available for
the United States Institute of Peace for programs and activities in Afghanistan
to remain available until September 30, 2008.
DEPARTMENT OF STATE
Assistance for Eastern Europe and the Baltic States
For an additional amount for `Assistance for Eastern Europe and the Baltic
States', $214,000,000, to remain available until September 30, 2008, for
assistance for Kosovo.
Democracy Fund
For an additional amount for `Democracy Fund', $465,000,000, to remain available
until September 30, 2008: Provided, That of the funds appropriated
under this heading, not less than $385,000,000 shall be made available for
the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights
and Labor, Department of State, for democracy, human rights, and rule of
law programs in Iraq: Provided further, That prior to the initial
obligation of funds made available under this heading for Iraq for the Political
Participation Fund or the National Institutions Fund, the Secretary of State
shall submit a report to the Committees on Appropriations describing a comprehensive,
long-term strategy, with goals and expected results, for strengthening and
advancing democracy in Iraq: Provided further, That of the funds
appropriated under this heading, not less than $5,000,000 shall be made
available for media and reconciliation programs in Somalia.
International Narcotics Control and Law Enforcement
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for `International Narcotics Control and Law Enforcement',
$210,000,000, to remain available until September 30, 2008.
Of the amounts made available for procurement of a maritime patrol aircraft
for the Colombian Navy under this heading in Public Law 109-234, $13,000,000
are rescinded.
Migration and Refugee Assistance
For an additional amount for `Migration and Refugee Assistance', $143,000,000,
to remain available until September 30, 2008: Provided, That of
the funds appropriated under this heading, not less than $65,000,000 shall
be made available for assistance for Iraqi refugees including not less than
$5,000,000 to rescue Iraqi scholars, and not less than $18,000,000 shall
be made available for assistance for Afghan refugees.
United States Emergency Refugee and Migration Assistance Fund
For an additional amount for `United States Emergency Refugee and Migration
Assistance Fund', $55,000,000, to remain available until expended.
Nonproliferation, Anti-terrorism, Demining and Related Programs
For an additional amount for `Nonproliferation, Anti-Terrorism, Demining
and Related Programs', $27,500,000, to remain available until September
30, 2008.
DEPARTMENT OF THE TREASURY
International Affairs Technical Assistance Program
For an additional amount for `International Affairs Technical Assistance',
$2,750,000, to remain available until September 30, 2008.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Foreign Military Financing Program
For an additional amount for `Foreign Military Financing Program', $220,000,000,
to remain available until September 30, 2008, for assistance for Lebanon.
Peacekeeping Operations
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Peacekeeping Operations', $323,000,000, to
remain available until September 30, 2008, of which up to $128,000,000 may
be transferred, subject to the regular notification procedures of the Committees
on Appropriations, to `Contributions to International Peacekeeping Activities',
to be made available, notwithstanding any other provision of law, for assessed
costs of United Nations Peacekeeping Missions: Provided, That of
the funds appropriated under this heading, not less than $45,000,000 shall
be made available, notwithstanding section 660 of the Foreign Assistance
Act of 1961, for assistance for Liberia for security sector reform.
GENERAL PROVISIONS--THIS CHAPTER
AUTHORIZATION OF FUNDS
SEC. 1701. Funds appropriated by this title may be obligated and expended
notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section
15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 414(a)(1)).
EXTENSION OF AVAILABILITY OF FUNDS
SEC. 1702. Section 1302(a) of Public Law 109-234 is amended by striking
`one additional year' and inserting in lieu thereof `two additional years'.
EXTENSION OF OVERSIGHT AUTHORITY
SEC. 1703. Section 3001(o)(1)(B) of the Emergency Supplemental Appropriations
Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108-106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of
Public Law 95-452), as amended by section 1054(b) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2397) and section 2 of the Iraq Reconstruction Accountability Act
of 2006 (Public Law 109-440), is amended by inserting `or fiscal year 2007'
after `fiscal year 2006'.
DEBT RESTRUCTURING
SEC. 1704. Amounts appropriated for fiscal year 2007 for `Bilateral Economic
Assistance--Department of the Treasury--Debt Restructuring' may be used
to assist Liberia in retiring its debt arrearages to the International Monetary
Fund, the International Bank for Reconstruction and Development, and the
African Development Bank.
JORDAN
(INCLUDING TRANSFER OF FUNDS)
SEC. 1705. Of the funds appropriated by this Act for assistance for Iraq
under the heading `Economic Support Fund' that are available to support
Provincial Reconstruction Team activities, up to $100,000,000 may be transferred
to, and merged with, funds appropriated by this Act under the headings `Foreign
Military Financing Program' and `Nonproliferation, Anti-terrorism, Demining
and Related Programs' for assistance for Jordan: Provided, That
funds transferred pursuant to this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
LEBANON
SEC. 1706. Prior to the initial obligation of funds made available in this
Act for assistance for Lebanon under the headings `Foreign Military Financing
Program' and `Nonproliferation, Anti-terrorism, Demining and Related Programs',
the Secretary of State shall certify to the Committees on Appropriations
that all practicable efforts have been made to ensure that such assistance
is not provided to or through any individual, or private or government entity,
that advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity: Provided, That this section shall be effective notwithstanding
section 534(a) of Public Law 109-102, which is made applicable to funds
appropriated for fiscal year 2007 by the Continuing Appropriations Resolution,
2007, as amended.
HUMAN RIGHTS AND DEMOCRACY FUND
SEC. 1707. The Assistant Secretary of State for Democracy, Human Rights
and Labor shall be responsible for all policy, funding, and programming
decisions regarding funds made available under this Act and prior Acts making
appropriations for foreign operations, export financing and related programs
for the Human Rights and Democracy Fund of the Bureau of Democracy, Human
Rights and Labor.
INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN
SEC. 1708. (a) IN GENERAL- Subject to paragraph (2), the Inspector General
of the Department of State and the Broadcasting Board of Governors (referred
to in this section as the `Inspector General') may use personal services
contracts to engage citizens of the United States to facilitate and support
the Office of the Inspector General's oversight of programs and operations
related to Iraq and Afghanistan. Individuals engaged by contract to perform
such services shall not, by virtue of such contract, be considered to be
employees of the United States Government for purposes of any law administered
by the Office of Personnel Management. The Secretary of State may determine
the applicability to such individuals of any law administered by the Secretary
concerning the performance of such services by such individuals.
(b) CONDITIONS- The authority under paragraph (1) is subject to the following
conditions:
(1) The Inspector General determines that existing personnel resources
are insufficient.
(2) The contract length for a personal services contractor, including
options, may not exceed 1 year, unless the Inspector General makes a finding
that exceptional circumstances justify an extension of up to 2 additional
years.
(3) Not more than 20 individuals may be employed at any time as personal
services contractors under the program.
(c) TERMINATION OF AUTHORITY- The authority to award personal services contracts
under this section shall terminate on December 31, 2008. A contract entered
into prior to the termination date under this paragraph may remain in effect
until not later than December 31, 2009.
(d) OTHER AUTHORITIES NOT AFFECTED- The authority under this section is
in addition to any other authority of the Inspector General to hire personal
services contractors.
FUNDING TABLES
SEC. 1709. (a) Funds provided in this Act for the following accounts shall
be made available for programs and countries in the amounts contained in
the respective tables included in the report accompanying this Act:
`Diplomatic and Consular Programs'.
`Educational and Cultural Exchange Programs'.
`International Disaster and Famine Assistance'.
`Assistance for Eastern Europe and Baltic States'.
`Migration and Refugee Assistance'.
`Nonproliferation, Anti-Terrorism, Demining and Related Programs'.
`Peacekeeping Operations'.
(b) Any proposed increases or decreases to the amounts contained in the
tables in the accompanying report shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
BENCHMARKS FOR CERTAIN RECONSTRUCTION ASSISTANCE FOR IRAQ
SEC. 1710. (a) BENCHMARKS- Notwithstanding any other provision of law, fifty
percent of the funds appropriated by this Act for assistance for Iraq under
the headings `Economic Support Fund' and `International Narcotics and Law
Enforcement' shall be withheld from obligation until the President certifies
to the Committees on Appropriations and Foreign Relations of the Senate
and the Committees on Appropriations and Foreign Affairs of the House of
Representatives that the Government of Iraq has--
(1) enacted a broadly accepted hydro-carbon law that equitably shares
oil revenues among all Iraqis;
(2) adopted legislation necessary for the conduct of provincial and local
elections, taken steps to implement such legislation, and set a schedule
to conduct provincial and local elections;
(3) reformed current laws governing the de-Baathification process to allow
for more equitable treatment of individuals affected by such laws;
(4) amended the Constitution of Iraq consistent with the principles contained
in Article 137 of such constitution; and
(5) allocated and begun expenditure of $10,000,000,000 in Iraqi revenues
for reconstruction projects, including delivery of essential services,
on an equitable basis.
(b) EXEMPTIONS- The requirement to withhold funds from obligation pursuant
to subsection (a) shall not apply with respect to funds made available under
the heading `Economic Support Fund' that are administered by the United
States Agency for International Development for continued support for the
Community Action Program, assistance for civilian victims of the military
operations, and the Community Stabilization Program in Iraq, or for programs
and activities to promote democracy, governance, human rights, and rule
of law.
(c) REPORT- At the time the President certifies to the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives that the Government
of Iraq has met the benchmarks described in subsection (a), the President
shall submit to such Committees a report that contains a detailed description
of the specific actions that the Government of Iraq has taken to meet each
of the benchmarks referenced in the certification.
RELIEF FOR IRAQI, HMONG AND OTHER REFUGEES WHO DO NOT POSE A THREAT TO
THE UNITED STATES
SEC. 1711. (a) AMENDMENT TO AUTHORITY TO DETERMINE THE BAR TO ADMISSION
INAPPLICABLE- Section 212(d)(3)(B)(i) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as follows: `The Secretary
of State, after consultation with the Attorney General and the Secretary
of Homeland Security, or the Secretary of Homeland Security, after consultation
with the Secretary of State and the Attorney General, may determine in such
Secretary's sole unreviewable discretion that subsection (a)(3)(B) shall
not apply with respect to an alien within the scope of that subsection,
or that subsection (a)(3)(B)(vi)(III) shall not apply to a group. Such a
determination shall neither prejudice the ability of the United States Government
to commence criminal or civil proceedings involving a beneficiary of such
a determination or any other person, nor create any substantive or procedural
right or benefit for a beneficiary of such a determination or any other
person. Notwithstanding any other provision of law (statutory or non-statutory),
including but not limited to section 2241 of title 28, or any other habeas
corpus provision, and sections 1361 and 1651 of such title, no court shall
have jurisdiction to review such a determination or revocation except in
a proceeding for review of a final order of removal pursuant to section
242 and only to the extent provided in section 242(a)(2)(D). The Secretary
of State may not exercise the discretion provided in this clause with respect
to an alien at any time during which the alien is the subject of pending
removal proceedings under section 1229a of title 8.'.
(b) AUTOMATIC RELIEF FOR THE HMONG AND OTHER GROUPS THAT DO NOT POSE A THREAT
TO THE UNITED STATES- Section 212(a)(3)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (vi) in the matter preceding section (I), by striking `As'
and inserting `Except as provided in clause (vii), as'; and
(2) by adding at the end the following new clause:
`(vii) Notwithstanding clause (vi), for purposes of this section the
Hmong, the Montagnards, the Karen National Union/Karen Liberation
Army (KNU/KNLA), the Chin National Front/Chin National Army (CNF/CNA),
the Chin National League for Democracy (CNLD), the Kayan New Land
Party (KNLP), the Arakan Liberation Party (ALP), the Mustangs, the
Alzados, and the Karenni National Progressive Party shall not be considered
to be a terrorist organization on the basis of any act or event occurring
before the date of enactment of this section. Nothing in this subsection
may be construed to alter or limit the authority of the Secretary
of State and Secretary of Homeland Security to exercise their discretionary
authority pursuant to 212(d)(3)(B)(i) (8 U.S.C. 1182(d)(3)(B)(i)).'.
(c) DURESS EXCEPTION- Section 212(a)(3)(B)(iv)(VI) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)) is amended by adding `other
than an act carried out under duress' after `act' and before `that the actor
knows'.
(d) TECHNICAL CORRECTION- Section 212(a)(3)(B)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is amended by striking `Subclause
(VII)' and inserting `Subclause (IX)'.
(e) REGULATIONS- Section 212(d)(3)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(3)(B)) is amended by adding the following subsection:
`(iii) Not later than 180 days after the date of enactment of this
Act, the Secretary of the Department of Homeland Security and Secretary
of State shall each publish in the Federal Register regulations establishing
the process by which the eligibility of a refugee, asylum seeker,
or individual seeking to adjust his immigration status is considered
eligible for any of the exceptions authorized by clause (i), including
a timeline for issuing a determination.'.
(f) EFFECTIVE DATE- The amendments made by this section shall take effect
on the date of enactment of this section, and these amendments and sections
212(a)(3)(B) and 212(d)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)), as amended by these sections, shall
apply to--
(1) removal proceedings instituted before, on, or after the date of enactment
of this section; and
(2) acts and conditions constituting a ground for inadmissibility, excludability,
deportation, or removal occurring or existing before, on, or after such
date.
SPENDING PLAN AND NOTIFICATION PROCEDURES
SEC. 1712. Not later than 45 days after enactment of this Act the Secretary
of State shall submit to the Committees on Appropriations a report detailing
planned expenditures for funds appropriated under the headings in this chapter,
except for funds appropriated under the headings `International Disaster
and Famine Assistance', `Office of the United States Agency for International
Development Inspector General', and `Office of the Inspector General': Provided,
That funds appropriated under the headings in this chapter, except for funds
appropriated under the headings named in this section, shall be subject
to the regular notification procedures of the Committees on Appropriations.
TITLE II
KATRINA RECOVERY, VETERANS' CARE AND FOR OTHER PURPOSES
CHAPTER 1
GENERAL PROVISION--THIS CHAPTER
EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM
Sec. 2101. Section 1231(k)(2) of the Food Security Act of 1985 (16 U.S.C.
3831(k)(2)) is amended by striking `During calendar year 2006, the' and
inserting `The'.
CHAPTER 2
DEPARTMENT OF JUSTICE
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for `State and Local Law Enforcement Assistance',
for discretionary grants authorized by subpart 2 of part E, of title I of
the Omnibus Crime Control and Safe Streets Act of 1968, notwithstanding
the provisions of section 511 of said Act, $170,000,000, to remain available
until September 30, 2008: Provided, That of the amount made available
under this heading, $70,000,000 shall be for local law enforcement initiatives
in the gulf coast region related to the aftermath of Hurricanes Katrina
and Rita, of which no less than $55,000,000 shall be for the State of Louisiana:
Provided further, That of the amount made available under this
heading, $100,000,000 shall be for reimbursing State and local law enforcement
entities for security and related costs, including overtime, associated
with the 2008 Presidential Candidate Nominating Conventions, of which $50,000,000
shall be for the city of Denver, Colorado and $50,000,000 shall be for the
city of St. Paul, Minnesota: Provided further, That the Department
of Justice shall report to the Committees on Appropriations of the House
and the Senate on a quarterly basis on the expenditure of the funds provided
in the previous proviso.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for `Operations, Research, and Facilities', for
necessary expenses related to fisheries disasters, $165,900,000, to remain
available until September 30, 2008: Provided, That of the amount
provided under this heading, the National Marine Fisheries Service shall
cause $60,400,000 to be distributed among eligible recipients of assistance
for the commercial fishery failure designated under section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a))
and declared by the Secretary of Commerce on August 10, 2006: Provided
further, That of the amount provided under this heading, $105,500,000
shall be for necessary expenses related to the consequences of Hurricanes
Katrina and Rita on shrimp and fishing industries.
PROCUREMENT, ACQUISITION, AND CONSTRUCTION
For an additional amount for `Procurement, Acquisition and Construction',
for necessary expenses related to disaster response and preparedness of
the Gulf of Mexico coast, $6,000,000, to remain available until September
30, 2008.
FISHERIES DISASTER MITIGATION FUND
For an additional amount for a `Fisheries Disaster Mitigation Fund', $50,000,000,
to remain available until expended for use in mitigating the effects of
commercial fisheries failures and fishery resource disasters as determined
under the Magnuson Stevens Act (16 U.S.C. 1801 et seq.) or the Interjurisdictional
Fisheries Act (16 U.S.C. 4101 et seq.): Provided, That the Secretary
of Commerce shall obligate funds provided under this heading according to
the Magnuson Stevens Conservation Act, as amended, the Interjurisdictional
Fisheries Act, as amended, or other Acts as the Secretary determines to
be appropriate.
GENERAL PROVISION--THIS CHAPTER
SEC. 2201. Up to $48,000,000 of amounts made available to the National Aeronautics
and Space Administration in Public Law 109-148 and Public Law 109-234 for
emergency hurricane and other natural disaster-related expenses may be used
to reimburse hurricane-related costs incurred by NASA in fiscal year 2005.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
For an additional amount for `Construction' for necessary expenses related
to the consequences of Hurricane Katrina and other hurricanes of the 2005
season, $150,000,000, to remain available until expended, which may be used
to continue construction of projects related to interior drainage for the
greater New Orleans metropolitan area.
OPERATION AND MAINTENANCE
For an additional amount for `Operation and Maintenance' to dredge navigation
channels related to the consequences of Hurricane Katrina and other hurricanes
of the 2005 season, $3,000,000, to remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for `Flood Control and Coastal Emergencies', as
authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n),
for necessary expenses relating to the consequences of Hurricanes Katrina
and Rita and for other purposes, $1,557,700,000, to remain available until
expended: Provided, That $1,300,000,000 of the amount provided
may be used by the Secretary of the Army to carry out projects and measures
to provide the level of protection necessary to achieve the certification
required for the 100-year level of flood protection in accordance with the
national flood insurance program under the base flood elevations in existence
at the time of construction of the enhancements for the West Bank and Vicinity
and Lake Ponchartrain and Vicinity, Louisiana, projects, as described under
the heading `Flood Control and Coastal Emergencies', in chapter 3 of Public
Law 109-148: Provided further, That $150,000,000 of the amount
provided may be used to support emergency operations, repairs and other
activities in response to flood, drought and earthquake emergencies as authorized
by law: Provided further, That $107,700,000 of the amount provided
may be used to implement the projects for hurricane storm damage reduction,
flood damage reduction, and ecosystem restoration within Hancock, Harrison,
and Jackson Counties, Mississippi substantially in accordance with the Report
of the Chief of Engineers dated December 31, 2006, and entitled `Mississippi,
Coastal Improvements Program Interim Report, Hancock, Harrison, and Jackson
Counties, Mississippi': Provided further, That projects authorized
for implementation under this Chief's report shall be carried out at full
Federal expense, except that the non-Federal interests shall be responsible
for providing any lands, easements, rights-of-way, disposal areas, and relocations
required for construction of the project and for all costs associated with
operation and maintenance of the project: Provided further, That
any project using funds appropriated under this heading shall be initiated
only after non-Federal interests have entered into binding agreements with
the Secretary requiring the non-Federal interests to pay 100 percent of
the operation, maintenance, repair, replacement, and rehabilitation costs
of the project and to hold and save the United States free from damages
due to the construction or operation and maintenance of the project, except
for damages due to the fault or negligence of the United States or its contractors.
DEPARTMENT OF INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for `Water and Related Resources', $18,000,000,
to remain available until expended for drought assistance: Provided,
That drought assistance may be provided under the Reclamation States Drought
Emergency Act or other applicable Reclamation authorities to assist drought
plagued areas of the West.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2301. The Secretary is authorized and directed to reimburse local governments
for expenses they have incurred in storm-proofing pumping stations, constructing
safe houses for operators, and other interim flood control measures in and
around the New Orleans metropolitan area, provided the Secretary determines
those elements of work and related expenses to be integral to the overall
plan to ensure operability of the stations during hurricanes, storms and
high water events and the flood control plan for the area.
SEC. 2302. The limitation concerning total project costs in section 902
of the Water Resources Development Act of 1986, as amended (33 U.S.C. 2280),
shall not apply during fiscal year 2008 to any water resources project for
which funds were made available during fiscal year 2007.
SEC. 2303. (a) The Secretary of the Army is authorized and directed to utilize
funds remaining available for obligation from the amounts appropriated in
chapter 3 of Public Law 109-234 under the heading `Flood Control and Coastal
Emergencies' for projects in the greater New Orleans metropolitan area to
prosecute these projects in a manner which promotes the goal of continuing
work at an optimal pace, while maximizing, to the greatest extent practicable,
levels of protection to reduce the risk of storm damage to people and property.
(b) The expenditure of funds as provided in subsection (a) may be made without
regard to individual amounts or purposes specified in chapter 3 of Public
Law 109-234.
(c) Any reallocation of funds that are necessary to accomplish the goal
established in subsection (a) are authorized. Reallocation of funds in excess
of $250,000,000 or 50 percent, whichever is less, of the individual amounts
specified in chapter 3 of Public Law 109-234 require notifications of the
House and Senate Committees on Appropriation.
CHAPTER 4
SMALL BUSINESS ADMINISTRATION
Disaster Loans Program Account
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Disaster Loans Program Account' for administrative
expenses to carry out the disaster loan program, $25,069,000, to remain
available until expended, which may be transferred to and merged with `Small
Business Administration, Salaries and Expenses'.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2401. ECONOMIC INJURY DISASTER LOANS. (a) Definitions- In this section--
(1) the term `Administrator' means the Administrator of the Small Business
Administration;
(2) the term `covered small business concern' means a small business concern--
(A) that is located in any area in Louisiana or Mississippi for which
the President declared a major disaster because of Hurricane Katrina
of 2005 or Hurricane Rita of 2005;
(B) that has not more than 50 full-time employees; and
(i)(I) suffered a substantial economic injury as a result of Hurricane
Katrina of 2005 or Hurricane Rita of 2005, because of a reduction
in travel or tourism to the area described in subparagraph (A); and
(II) demonstrates that, during the 1-year period ending on August
28, 2005, not less than 45 percent of the revenue of that small business
concern resulted from tourism or travel related sales; or
(ii)(I) suffered a substantial economic injury as a result of Hurricane
Katrina of 2005 or Hurricane Rita of 2005; and
(II) operates in a parish or county for which the population on the
date of enactment of this Act, as determined by the Administrator,
is not greater than 75 percent of the population of that parish or
county before August 28, 2005, based on the most recent United States
population estimate available before August 28, 2005;
(3) the term `major disaster' has the meaning given that term in section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122); and
(4) the term `small business concern' has the meaning given that term
in section 3 of the Small Business Act (15 U.S.C. 632).
(1) IN GENERAL- There are appropriated, out of any money in the Treasury
not otherwise appropriated, $25,000,000 to the Administrator, which, except
as provided in paragraph (2) or (3), shall be used for loans under section
7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) to covered small
business concerns.
(2) ADMINISTRATIVE EXPENSES- Of the amounts made available under paragraph
(1), not more than $8,750,000 may be transferred to and merged with `Salaries
and Expenses' to carry out the disaster loan program of the Small Business
Administration.
(3) OTHER USES OF FUNDS- The Administrator may use amounts made available
under paragraph (1) for other purposes authorized for amounts in the `Disaster
Loans Program Account' or transfer such amounts to and merge such amounts
with `Salaries and Expenses', if--
(i) not obligated on the later of 5 months after the date of enactment
of this Act and August 29, 2007; or
(ii) necessary to provide assistance in the event of a major disaster;
and
(B) not later than 5 days before any such use or transfer of amounts,
the Administrator provides written notification of such use or transfer
to the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives.
SEC. 2402. OTHER PROGRAMS. (a) HUBZones- Section 3(p) of the Small Business
Act (15 U.S.C. 632(p)) is amended--
(A) in subparagraph (D), by striking `or';
(B) in subparagraph (E), by striking the period at the end and inserting
`; or'; and
(C) by adding at the end the following:
`(F) an area in which the President has declared a major disaster (as
that term is defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)) as a result of
Hurricane Katrina of August 2005 or Hurricane Rita of September 2005,
during the time period described in paragraph (8).'; and
(2) by adding at the end the following:
`(8) TIME PERIOD- The time period for the purposes of paragraph (1)(F)--
`(A) shall be the 2-year period beginning on the later of the date of
enactment of this paragraph and August 29, 2007; and
`(B) may, at the discretion of the Administrator, be extended to be
the 3-year period beginning on the later of the date of enactment of
this paragraph and August 29, 2007.'.
(b) Relief From Test Program- Section 711(d) of the Small Business Competitive
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended--
(1) by striking `The Program' and inserting the following:
`(1) IN GENERAL- Except as provided in paragraph (2), the Program'; and
(2) by adding at the end the following:
`(A) IN GENERAL- The Program shall not apply to any contract related
to relief or reconstruction from Hurricane Katrina of 2005 or Hurricane
Rita of 2005 during the time period described in subparagraph (B).
`(B) TIME PERIOD- The time period for the purposes of subparagraph (A)--
`(i) shall be the 2-year period beginning on the later of the date
of enactment of this paragraph and August 29, 2007; and
`(ii) may, at the discretion of the Administrator, be extended to
be the 3-year period beginning on the later of the date of enactment
of this paragraph and August 29, 2007.'.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
DISASTER RELIEF
For an additional amount for `Disaster Relief' for necessary expenses under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $4,310,000,000, to remain available until expended.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2501. (a) IN GENERAL- Notwithstanding any other provision of law, including
any agreement, the Federal share of assistance, including direct Federal
assistance, provided for the States of Louisiana, Mississippi, Alabama,
and Texas in connection with Hurricanes Katrina and Rita under sections
403, 406, 407, and 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b, 5172, 5173, and 5174) shall be 100 percent
of the eligible costs under such sections.
(1) IN GENERAL- Subject to paragraph (2), the Federal share provided by
subsection (a) shall apply to disaster assistance applied for before the
date of enactment of this Act.
(2) LIMITATION- In the case of disaster assistance provided under sections
403, 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, the Federal share provided by subsection (a) shall be
limited to assistance provided for projects for which applications have
been prepared for the Federal Emergency Management Agency before the date
of enactment of this Act.
SEC. 2502. (a) Section 2(a) of the Community Disaster Loan Act of 2005 (Public
Law 109-88; 119 Stat. 2061) is amended by striking `: Provided further,
That notwithstanding section 417(c)(1) of the Stafford Act, such loans may
not be canceled'.
(b) Chapter 4 of title II of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public
Law 109-234; 120 Stat. 471) is amended under the heading `Disaster Assistance
Direct Loan Program Account' under the heading `Federal Emergency Management
Agency' under the heading `Department of Homeland Security', by striking
`Provided further, That notwithstanding section 417(c)(1) of such
Act, such loans may not be canceled:'.
SEC. 2503. Section 2401 of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public
Law 109-234; 120 Stat. 460) is amended by striking `12 months' and inserting
`24 months'.
CHAPTER 6
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Wildland Fire Management', $100,000,000, to
remain available until expended, for urgent wildland fire suppression activities:
Provided, That such funds shall only become available if funds
previously provided for wildland fire suppression will be exhausted imminently
and the Secretary of the Interior notifies the House and Senate Committees
on Appropriations in writing of the need for these additional funds: Provided
further, That such funds are also available for repayment to other
appropriations accounts from which funds were transferred for wildfire suppression.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For an additional amount for `Resource Management' for the detection of
highly pathogenic avian influenza in wild birds, including the investigation
of morbidity and mortality events, targeted surveillance in live wild birds,
and targeted surveillance in hunter-taken birds, $7,398,000, to remain available
until September 30, 2008.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For an additional amount for `Operation of the National Park System' for
the detection of highly pathogenic avian influenza in wild birds, including
the investigation of morbidity and mortality events, $525,000, to remain
available until September 30, 2008.
HISTORIC PRESERVATION FUND
For an additional amount for the `Historic Preservation Fund' for necessary
expenses related to the consequences of Hurricane Katrina and other hurricanes
of the 2005 season, $15,000,000, to remain available until September 30,
2008: Provided, That the funds provided under this heading shall
be provided to the State Historic Preservation Officer, after consultation
with the National Park Service, for grants for disaster relief in areas
of Louisiana impacted by Hurricanes Katrina or Rita: Provided further,
That grants shall be for the preservation, stabilization, rehabilitation,
and repair of historic properties listed in or eligible for the National
Register of Historic Places, for planning and technical assistance: Provided
further, That grants shall only be available for areas that the President
determines to be a major disaster under section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2))
due to Hurricanes Katrina or Rita: Provided further, That individual
grants shall not be subject to a non-Federal matching requirement: Provided
further, That no more than 5 percent of funds provided under this heading
for disaster relief grants may be used for administrative expenses.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for `Surveys, Investigations, and Research' for
the detection of highly pathogenic avian influenza in wild birds, including
the investigation of morbidity and mortality events, targeted surveillance
in live wild birds, and targeted surveillance in hunter-taken birds, $5,270,000,
to remain available until September 30, 2008.
DEPARTMENT OF AGRICULTURE
Forest Service
NATIONAL FOREST SYSTEM
For an additional amount for `National Forest System' for the implementation
of a nationwide initiative to increase protection of national forest lands
from foreign drug-trafficking organizations, including funding for additional
law enforcement personnel, training, equipment and cooperative agreements,
$12,000,000, to remain available until expended.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Wildland Fire Management', $400,000,000, to
remain available until expended, for urgent wildland fire suppression activities:
Provided, That such funds shall only become available if funds
provided previously for wildland fire suppression will be exhausted imminently
and the Secretary of Agriculture notifies the House and Senate Committees
on Appropriations in writing of the need for these additional funds: Provided
further, That such funds are also available for repayment to other
appropriation accounts from which funds were transferred for wildfire suppression.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2601. (a) For fiscal year 2007, payments shall be made from any revenues,
fees, penalties, or miscellaneous receipts described in sections 102(b)(3)
and 103(b)(2) of the Secure Rural Schools and Community Self-Determination
Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note), not to exceed $100,000,000,
and the payments shall be made, to the maximum extent practicable, in the
same amounts, for the same purposes, and in the same manner as were made
to States and counties in 2006 under that Act.
(b) There is appropriated $425,000,000 to be used to cover any shortfall
for payments made under this section.
(c) Titles II and III of Public Law 106-393 are amended, effective September
30, 2006, by striking `2006' and `2007' each place they appear and inserting
`2007' and `2008', respectively.
SEC. 2602. Disaster relief funds from Public Law 109-234, 120 Stat. 418,
461, (June 30, 2006), chapter 5, `National Park Service--Historic Preservation
Fund,' for necessary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season, may be used to reconstruct destroyed
properties that at the time of destruction were listed in the National Register
of Historic Places and are otherwise qualified to receive these funds: Provided,
That the State Historic Preservation Officer certifies that, for the community
where that destroyed property was located, that the property is iconic to
or essential to illustrating that community's historic identity, that no
other property in that community with the same associative historic value
has survived, and that sufficient historical documentation exists to ensure
an accurate reproduction.
CHAPTER 7
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH AND TRAINING
For an additional amount for `Department of Health and Human Services, Centers
for Disease Control and Prevention, Disease Control, Research and Training',
to carry out section 501 of the Federal Mine Safety and Health Act of 1977
and section 6 of the Mine Improvement and New Emergency Response Act of
2006, $13,000,000 for research to develop mine safety technology, including
necessary repairs and improvements to leased laboratories: Provided,
That progress reports on technology development shall be submitted to the
House and Senate Committees on Appropriations and the Committee on Health,
Education, Labor and Pensions of the Senate and the Committee on Education
and Labor of the House of Representatives on a quarterly basis: Provided
further, That the amount provided under this heading shall remain available
until September 30, 2008.
Administration for Children and Families
LOW-INCOME HOME ENERGY ASSISTANCE
For an additional amount for `Low-Income Home Energy Assistance' under section
2604(a) through (d) of the Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8623(a) through (d)), $320,000,000.
For an additional amount for `Low-Income Home Energy Assistance' under section
2604(e) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.
8623(e)), $320,000,000.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Public Health and Social Services Emergency
Fund' to prepare for and respond to an influenza pandemic, $820,000,000,
to remain available until expended: Provided, That this amount
shall be for activities including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and other surveillance
tools: Provided further, That products purchased with these funds
may, at the discretion of the Secretary of Health and Human Services, be
deposited in the Strategic National Stockpile: Provided further, That
notwithstanding section 496(b) of the Public Health Service Act, funds may
be used for the construction or renovation of privately owned facilities
for the production of pandemic vaccine and other biologicals, where the
Secretary finds such a contract necessary to secure sufficient supplies
of such vaccines or biologicals: Provided further, That funds appropriated
herein may be transferred to other appropriation accounts of the Department
of Health and Human Services, as determined by the Secretary to be appropriate,
to be used for the purposes specified in this sentence.
COVERED COUNTERMEASURE PROCESS FUND
For carrying out section 319F-4 of the Public Health Service Act (42 U.S.C.
247d-6e) to compensate individuals for injuries caused by H5N1 vaccine,
in accordance with the declaration regarding avian influenza viruses issued
by the Secretary of Health and Human Services on January 26, 2007, pursuant
to section 319F-3(b) of such Act (42 U.S.C. 247d-6d(b)), $50,000,000, to
remain available until expended.
DEPARTMENT OF EDUCATION
Higher Education
For an additional amount under part B of title VII of the Higher Education
Act of 1965 (`HEA') for institutions of higher education (as defined in
section 102 of that Act) that are located in an area in which a major disaster
was declared in accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act related to hurricanes in the Gulf of
Mexico in calendar year 2005, $30,000,000: Provided, That such
funds shall be available to the Secretary of Education only for payments
to help defray the expenses (which may include lost revenue, reimbursement
for expenses already incurred, and construction) incurred by such institutions
of higher education that were forced to close, relocate or significantly
curtail their activities as a result of damage directly caused by such hurricanes
and for payments to enable such institutions to provide grants to students
who attend such institutions for academic years beginning on or after July
1, 2006: Provided further, That such payments shall be made in
accordance with criteria established by the Secretary and made publicly
available without regard to section 437 of the General Education Provisions
Act, section 553 of title 5, United States Code, or part B of title VII
of the HEA.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2701. Section 105(b) of title IV of division B of Public Law 109-148
is amended by adding at the end the following new sentence: `With respect
to the program authorized by section 102 of this Act, the waiver authority
in subsection (a) of this section shall be available until the end of fiscal
year 2008.'
(INCLUDING RESCISSION)
SEC. 2702. (a) From unexpended balances of the amounts made available in
the 2001 Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public Law 107-38) for
the Employment Training Administration, Training and Employment Services
under the Department of Labor, $3,589,000 are rescinded.
(b) For an additional amount for the Centers for Disease Control and Prevention
for carrying out activities under section 5011(b) of the Emergency Supplemental
Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic
Influenza, 2006 (Public Law 109-148), $3,589,000.
SEC. 2703. Notwithstanding section 2002(c) of the Social Security Act (42
U.S.C. 1397a(c)), funds made available under the heading `Social Services
Block Grant' in division B of Public Law 109-148 shall be available for
expenditure by the States through the end of fiscal year 2008.
SEC. 2704. Elimination of Remainder of SCHIP Funding Shortfalls for Fiscal
Year 2007. (a) Elimination of Remainder of Funding Shortfalls, Tiered Match,
and Other Limitation on Expenditures- Section 2104(h) of the Social Security
Act (42 U.S.C. 1397dd(h)), as added by section 201(a) of the National Institutes
of Health Reform Act of 2006 (Public Law 109-482), is amended--
(1) in the heading for paragraph (2), by striking `REMAINDER OF REDUCTION'
and inserting `PART'; and
(2) by striking paragraph (4) and inserting the following:
`(4) ADDITIONAL AMOUNTS TO ELIMINATE REMAINDER OF FISCAL YEAR 2007 FUNDING
SHORTFALLS-
`(A) IN GENERAL- The Secretary shall allot to each remaining shortfall
State described in subparagraph (B) such amount as the Secretary determines
will eliminate the estimated shortfall described in such subparagraph
for the State for fiscal year 2007.
`(B) REMAINING SHORTFALL STATE DESCRIBED- For purposes of subparagraph
(A), a remaining shortfall State is a State with a State child health
plan approved under this
