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HR 1591 Iraq Accountability Act Passed 3-23-07

H.R.1591


U.S. Troop Readiness, Veterans' Health, and Iraq Accountability Act, 2007 (Engrossed as Agreed to or Passed by House)

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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; and

(3) whether the Government of Iraq and United States Armed Forces are making substantial progress in reducing the level of sectarian violence in Iraq.

(b) On or before October 1, 2007, the President--

(1) shall certify to the 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 billion in Iraqi revenues for reconstruction projects, including delivery of essential services, on an equitable basis; or

(2) shall report to the Congress that he is unable to make such certification.

(c) If in the transmissions to Congress required by subsection (a) the President determines that any of the conditions specified in such subsection have not been met, or if the President is unable to make the certification specified in subsection (b) by the required date, the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq and complete such redeployment within 180 days.

(d) If the President makes the certification specified in subsection (b), the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq not later than March 1, 2008, and complete such redeployment within 180 days.

(e) 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 (c) and (d).

(f) After the conclusion of the 180-day period for redeployment specified in subsections (c) and (d), 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 U.S. 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 members of the Iraqi Security Forces.

(g) 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 `IRAQ SECURITY FORCES FUND', `ECONOMIC SUPPORT FUND', and `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT' shall be withheld from obligation until the President has made a certification to Congress regarding the matters specified in subsection (b)(1).

(h) The requirement to withhold funds from obligation pursuant to subsection (g) 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.

SEC. 1905. (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(b) 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.

SEC. 1906. 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.

SEC. 1907. CONGRESSIONAL PLEDGE TO FULLY SUPPORT MEMBERS OF THE ARMED FORCES IN HARM'S WAY.

(a) FINDINGS- Congress makes the following findings:

(1) On September 14, 2001, both the Senate and the House of Representatives passed S.J. Res. 23 of the 107th Congress, which became Public Law 107-40 and authorized the use of military force in Afghanistan.

(2) On October 10, 2002, the House of Representatives passed H.J. Res. 114 of the 107th Congress, which authorized the use of military force in Iraq.

(3) After passage by the Senate, H.J. Res. 114 became Public Law 107-243, the Authorization for Use of Military Force Against Iraq Resolution of 2002.

(4) Members of the United States Armed Forces have served honorably in their mission to fight terrorism and protect the greater security of the United States.

(5) These members of the Armed Forces and their families have made many sacrifices, in many cases the ultimate sacrifice, to protect the security of the United States and the freedom Americans hold dear.

(6) Congress and the American people are forever grateful to the members of the Armed Forces for the service they have provided to the United States.

(b) FAITHFUL SUPPORT OF CONGRESS- Congress will fully support the needs of members of the Armed Forces who the Commander in Chief has deployed in harm's way in support of Operation Iraqi Freedom and Operation Enduring Freedom, and their families.

SEC. 1908. SENSE OF THE CONGRESS REGARDING PRESIDENT AS COMMANDER IN CHIEF AND CONGRESSIONAL POWER TO DECLARE WAR.

(a) It is the sense of Congress that Congress acknowledges the President as the Commander in Chief, and that role is granted solely to the President by article II, section 2, of the United States Constitution.

(b) It is further the sense of Congress that Congress has the power solely to declare war under article I, section 8, clause 11, of the United States Constitution.

SEC. 1909. SENSE OF CONGRESS REGARDING CONDUCT OF IRAQ WAR BY COMMANDERS.

It is the sense of Congress that, because the commanders of the United States Armed Forces in Iraq have the training, experience, and first-hand knowledge of the situation on the ground--

(1) the commanders should be allowed to conduct the war and manage the movements of the troops; and

(2) Congress should remain focused on executing its oversight role.

TITLE II--ADDITIONAL HURRICANE DISASTER

RELIEF AND RECOVERY

CHAPTER 1

DEPARTMENT OF AGRICULTURE

GENERAL PROVISIONS--THIS CHAPTER

SEC. 2101. In addition to the funds provided elsewhere in this Act, $25,000,000 is appropriated to the Secretary of Agriculture, to remain available through September 30, 2008, to resume the 2005 Hurricanes Livestock Indemnity Program to provide additional compensation to livestock producers in the geographic area covered by the natural disaster declaration related to Hurricane Katrina or Hurricane Rita that suffered losses in excess of the maximum amount of assistance authorized under the 2005 Hurricanes Livestock Indemnity Program. The total amount of assistance that an eligible producer may receive for such additional livestock losses under this section, the 2005 Hurricanes Livestock Indemnity Program, or any other provision of law may not exceed twice the maximum amount of assistance authorized under the 2005 Hurricanes Livestock Indemnity Program. The amount provided under this section is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

SEC. 2102. In addition to the funds provided elsewhere in the Act, $15,000,000 is appropriated to the Secretary of Agriculture, to remain available through September 30, 2008, for the purpose of providing assistance, in connection with the provision of emergency financial assistance for losses for 2005 or 2006 crops due to damaging weather or any related condition, to producers with respect to irrigated crops in the geographic area covered by the natural disaster declaration related to Hurricane Katrina or Hurricane Rita that, due to contamination by saltwater intrusion resulting from Hurricane Katrina or Hurricane Rita, were planted in 2006 and suffered a loss or were prevented from being planted. However, the factors otherwise applicable under section 1480.12(g) of title 7, Code of Federal Regulations, shall not apply to the provision of such assistance. The amount provided under this section is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

SEC. 2103. In addition to the funds provided elsewhere in this Act, $100,000,000 is appropriated to the Secretary of Agriculture, to remain available through September 30, 2008, to resume the 2005 Hurricanes Citrus Program to provide additional compensation to citrus producers in the geographic area covered by the natural disaster declaration related to Hurricane Katrina or Hurricane Rita that suffered losses in excess of the maximum amount of assistance authorized under the 2005 Hurricanes Citrus Program. The total amount of assistance that an eligible producer may receive for such additional citrus losses under this section, the 2005 Hurricanes Citrus Program, or any other provision of law may not exceed twice the maximum amount of assistance authorized under the 2005 Hurricanes Citrus Program. The amount provided under this section is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

CHAPTER 2

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 Hurricane Katrina on the shrimp and menhaden fishing industries, $120,000,000, to remain available until September 30, 2008: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

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: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

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: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

CHAPTER 3

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

CONSTRUCTION

For an additional amount for `Construction' to reduce the risk of hurricane and storm damage to the Mississippi coastal area, $37,080,000, to remain available until expended: Provided, That such sums shall be subject to authorization: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

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 related to the consequences of Hurricane Katrina, $1,300,000,000, to remain available until expended: Provided, That this amount shall be used to restore the flood damage reduction and hurricane and storm damage reduction projects, and related works, to provide the level of protection for which they were designed, and to accelerate completion of unconstructed portions of authorized hurricane, storm damage reduction and flood control projects in the greater New Orleans and south Louisiana area at full Federal expense: Provided further, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide, at a minimum, a monthly report to the House and Senate Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than July 30, 2007: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

GENERAL PROVISION--THIS CHAPTER

SEC. 2301. Up to $650,000,000 of the appropriations made available under the heading `Flood Control and Coastal Emergencies' in title II, chapter 3 of Public Law 109-234, for projects in the greater New Orleans metropolitan area that remain available as of the date of enactment of this Act may be used by the Secretary of the Army to improve protection at the Inner Harbor Navigation Canal, as described under the heading `Flood Control and Coastal Emergencies', in chapter 3 of Public Law 109-234: Provided, That the obligation of these funds may be made without regard to individual amounts specified in title II, chapter 3 of Public Law 109-234: Provided further, That the expenditure of such funds shall not be considered a transfer or reprogramming under any provision of law and shall be carried out in accordance with the terms and conditions specified in an Act making appropriations for energy and water development or any other appropriations Act making additional funds available for energy and water development: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

CHAPTER 4

SMALL BUSINESS ADMINISTRATION

Disaster Loans Program Account

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': Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for `Disaster Relief', $4,310,000,000, to remain available until expended: Provided, That $4,000,000 shall be transferred to `Office of Inspector General': Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

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-

(1) IN GENERAL- Subject to paragraph (2), the Federal share provided by subsection (a) shall apply to disaster assistance provided 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 project worksheets have been approved by the Federal Emergency Management Agency 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 the heading `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).

(c) The amounts provided in this section are designated as emergency requirements pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

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 HEALTH AND HUMAN SERVICES

Administration for Children and Families

SOCIAL SERVICES BLOCK GRANT

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: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

DEPARTMENT OF EDUCATION

Innovation and Improvement

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 for the following costs: (1) recruiting and compensating teachers, principals, other school administrators, and other educators for positions in reopening public elementary and secondary schools impacted by Hurricane Katrina or Hurricane Rita, including through such mechanisms as paying salary premiums, performance bonuses, housing subsidies and relocation costs; and (2) activities to build the capacity of reopening such public elementary and secondary schools to provide an effective education, including the design, adaptation, and implementation of high-quality formative assessments; the establishment of partnerships with nonprofit entities with a demonstrated track record in recruiting and retaining outstanding teachers and other school leaders; and paid release time for teachers and principals to identify and replicate successful practices from the fastest-improving and highest-performing schools: Provided, That the Secretary of Education shall allocate such funds 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 30 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, on a competitive basis, to local education agencies, giving priority 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 the highest percentages of public elementary and secondary schools with a student-teacher ratio of at least 25 to 1: Provided further, That not later than 60 days after the date of enactment of this Act, the State educational agency, in cooperation with local educational agencies, teachers' unions, local principals' organizations, local parents' organizations, local business organizations, and local charter schools organizations, shall develop a plan for a rating system for performance bonuses and if the State educational agency has failed to reach such an agreement that is satisfactory to all consulting entities by such deadline, the State educational agency shall immediately notify Congress of such failure and reasons for it and shall, not later than 30 days after such notification, establish and implement a rating system that shall be based on strong learning gains for students and growth in student achievement, based on classroom observation and feedback at least 4 times annually, conducted by multiple sources (including principals and master teachers), and evaluated against research-validated rubrics that use planning, instructional, and learning environment standards to measure teaching performance: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

Hurricane Education Recovery

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 and compensating teachers, principals, other school administrators, and other educators for positions in reopening public elementary and secondary schools impacted by Hurricane Katrina or Hurricane Rita, including through such mechanisms as paying salary premiums, performance bonuses, housing subsidies and relocation costs; and (2) activities to build the capacity of reopening such public elementary and secondary schools to provide an effective education, including the design, adaptation, and implementation of high-quality formative assessments; the establishment of partnerships with nonprofit entities with a demonstrated track record in recruiting and retaining outstanding teachers and other school leaders; and paid release time for teachers and principals to identify and replicate successful practices from the fastest-improving and highest-performing schools: Provided, That not later than 60 days after the date of enactment of this Act, the State educational agency, in cooperation with local educational agencies, teachers' unions, local principals' organizations, local parents' organizations, local business organizations, and local charter schools organizations, shall develop a plan for a rating system for performance bonuses and if the State educational agency has failed to reach such an agreement that is satisfactory to all consulting entities by such deadline, the State educational agency shall immediately notify Congress of such failure and reasons for it and shall, not later than 30 days after such notification, establish and implement a rating system that shall be based on strong learning gains for students and growth in student achievement, based on classroom observation and feedback at least 4 times annually, conducted by multiple sources (including principals and master teachers), and evaluated against research-validated rubrics that use planning, instructional, and learning environment standards to measure teaching performance: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

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 for at least 30 consecutive calendar days between August 25, 2005, and January 1, 2006, 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: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress), as made applicable to the House of Representatives by section 511(a)(4) of H. Res. 6 (110th Congress).

GENERAL PROVISION--THIS CHAPTER

SEC. 2601.

 
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