`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2863 Enrolled Bill (ENR)]


        H.R.2863

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2006, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                               DIVISION A

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2006, for military functions administered by the 
Department of Defense and for other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $28,191,287,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $22,788,101,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $8,968,884,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers' Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, $23,199,850,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $3,172,669,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,686,099,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$513,001,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,296,646,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$4,912,794,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,267,732,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $11,478,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $24,105,470,000: Provided, That of 
funds made available under this heading, $2,000,000 shall be available 
for Fort Baker, in accordance with the terms and conditions as provided 
under the heading ``Operation and Maintenance, Army'', in Public Law 
107-117: Provided further, That notwithstanding any other provision of 
law, the Secretary of the Army may provide a grant of up to $10,000,000 
from funds made available in this or any other Department of Defense 
Appropriations Act to the Army Distaff Foundation.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $6,003,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$29,995,383,000.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$3,695,256,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $30,313,136,000.

                Operation and Maintenance, Defense-Wide


                      (INCLUDING TRANSFER OF FUNDS)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$18,500,716,000: Provided, That not more than $25,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code: Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity 
for confidential military purposes: Provided further, That 
notwithstanding any other provision of law, of the funds provided in 
this Act for Civil Military programs under this heading, $500,000 shall 
be available for a grant for Outdoor Odyssey, Roaring Run, 
Pennsylvania, to support the Youth Development and Leadership program 
and Department of Defense STARBASE program: Provided further, That of 
the funds made available under this heading, $4,250,000 is available 
for contractor support to coordinate a wind test demonstration project 
on an Air Force installation using wind turbines manufactured in the 
United States that are new to the United States market and to execute 
the renewable energy purchasing plan: Provided further, That of the 
funds provided under this heading, not less than $27,009,000 shall be 
made available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of 
Defense, the office of the Secretary of a military department, or the 
service headquarters of one of the Armed Forces into a legislative 
affairs or legislative liaison office: Provided further, That 
$4,000,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary to operation and maintenance 
appropriations or research, development, test and evaluation 
appropriations, to be merged with and to be available for the same time 
period as the appropriations to which transferred: Provided further, 
That any ceiling on the investment item unit cost of items that may be 
purchased with operation and maintenance funds shall not apply to the 
funds described in the preceding proviso: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,973,382,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,244,795,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $202,734,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,499,286,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $4,491,109,000: Provided, 
That $8,500,000 shall be available for the operations and development 
of training and technology for the Joint Interagency Training Center-
East and the affiliated Center for National Response at the Memorial 
Tunnel and for providing homeland defense/security and traditional 
warfighting training to the Department of Defense, other federal 
agency, and state and local first responder personnel at the Joint 
Interagency Training Center-East.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $4,701,306,000.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $11,236,000, of which not to exceed 
$5,000 may be used for official representation purposes.

                    Environmental Restoration, Army


                      (including transfer of funds)

    For the Department of the Army, $407,865,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 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.

                    Environmental Restoration, Navy


                      (including transfer of funds)

    For the Department of the Navy, $305,275,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 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.

                  Environmental Restoration, Air Force


                      (including transfer of funds)

    For the Department of the Air Force, $406,461,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: 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.

                Environmental Restoration, Defense-Wide


                      (including transfer of funds)

    For the Department of Defense, $28,167,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 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.

         Environmental Restoration, Formerly Used Defense Sites


                      (INCLUDING TRANSFER OF FUNDS)

    For the Department of the Army, $256,921,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 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.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 2557, and 2561 of title 
10, United States Code), $61,546,000, to remain available until 
September 30, 2007.

              Former Soviet Union Threat Reduction Account

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and military 
contacts, $415,549,000, to remain available until September 30, 2008: 
Provided, That of the amounts provided under this heading, $15,000,000 
shall be available only to support the dismantling and disposal of 
nuclear submarines, submarine reactor components, and security 
enhancements for transport and storage of nuclear warheads in the 
Russian Far East.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $2,653,280,000, to remain available for obligation until 
September 30, 2008: Provided, That $75,000,000 of the funds provided in 
this paragraph are available only for the purpose of acquiring four (4) 
HH-60L medical evacuation variant Blackhawk helicopters for the Army 
Reserve: Provided further, That three (3) UH-60 Blackhawk helicopters 
in addition to those referred to in the preceding proviso shall be 
available only for the Army Reserve.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,208,919,000, to remain available for obligation until 
September 30, 2008.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$1,391,615,000, to remain available for obligation until September 30, 
2008.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,733,020,000, to remain available for 
obligation until September 30, 2008.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; and the 
purchase of 14 vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles but 
not to exceed $255,000 per vehicle; communications and electronic 
equipment; other support equipment; spare parts, ordnance, and 
accessories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $4,594,031,000, to 
remain available for obligation until September 30, 2008.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $9,774,749,000, to remain available for obligation 
until September 30, 2008.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $2,659,978,000, to remain available 
for obligation until September 30, 2008.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $851,841,000, to remain available for 
obligation until September 30, 2008.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long leadtime components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
        Carrier Replacement Program (AP), $626,913,000;
        NSSN, $1,637,698,000;
        NSSN (AP), $763,786,000;
        SSGN, $286,516,000;
        CVN Refuelings, $1,318,563,000;
        CVN Refuelings (AP), $20,000,000;
        SSBN Submarine Refuelings, $230,193,000;
        SSBN Submarine Refuelings (AP), $62,248,000;
        DD(X) (AP), $715,992,000;
        DDG-51 Destroyer, $150,000,000;
        DDG-51 Destroyer Modernization, $50,000,000;
        LCS, $440,000,000;
        LHD-8, $197,769,000;
        LPD-17, $1,344,741,000;
        LHA-R, $150,447,000;
        LCAC Landing Craft Air Cushion, $100,000,000;
        Prior year shipbuilding costs, $517,523,000;
        Service Craft, $45,455,000; and
        For outfitting, post delivery, conversions, and first 
    destination transportation, $369,387,000.
    In all: $9,027,231,000, to remain available for obligation until 
September 30, 2010: Provided, That additional obligations may be 
incurred after September 30, 2010, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only, and the purchase of 9 vehicles required for physical security of 
personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $255,000 per vehicle; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $5,444,294,000, to remain available for obligation 
until September 30, 2008.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $1,398,955,000, to remain available for obligation 
until September 30, 2008.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $12,737,215,000, to remain available for 
obligation until September 30, 2008.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes including rents and transportation of things, 
$5,174,474,000, to remain available for obligation until September 30, 
2008.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,016,887,000, to remain available for 
obligation until September 30, 2008.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only, and the purchase of 2 vehicles required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $255,000 per 
vehicle; lease of passenger motor vehicles; and expansion of public and 
private plants, Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $14,060,714,000, to remain available for obligation until 
September 30, 2008.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only, and the 
purchase of 5 vehicles required for physical security of personnel, 
notwithstanding prior limitations applicable to passenger vehicles but 
not to exceed $255,000 per vehicle; expansion of public and private 
plants, equipment, and installation thereof in such plants, erection of 
structures, and acquisition of land for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway, $2,573,964,000, to 
remain available for obligation until September 30, 2008.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces, $180,000,000, to remain available for 
obligation until September 30, 2008: Provided, That the Chiefs of the 
Reserve and National Guard components shall, not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective Reserve or National Guard component.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $58,248,000, to remain available 
until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$11,172,397,000, to remain available for obligation until September 30, 
2007.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$18,993,135,000, to remain available for obligation until September 30, 
2007: Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces: Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$21,999,649,000, to remain available for obligation until September 30, 
2007.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $19,798,599,000, to remain 
available for obligation until September 30, 2007.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $168,458,000, to remain available for obligation 
until September 30, 2007.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,154,940,000.

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,089,056,000, to remain available until 
expended: Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components (that 
is; engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes: Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law, 
$20,221,212,000, of which $19,299,787,000 shall be for Operation and 
maintenance, of which not to exceed 2 percent shall remain available 
until September 30, 2007, and of which up to $10,212,427,000 may be 
available for contracts entered into under the TRICARE program; of 
which $379,119,000, to remain available for obligation until September 
30, 2008, shall be for Procurement; and of which $542,306,000, to 
remain available for obligation until September 30, 2007, shall be for 
Research, development, test and evaluation: Provided, That 
notwithstanding any other provision of law, of the amount made 
available under this heading for Research, development, test and 
evaluation, not less than $5,300,000 shall be available for HIV 
prevention educational activities undertaken in connection with U.S. 
military training, exercises, and humanitarian assistance activities 
conducted primarily in African nations.

            Chemical Agents and Munitions Destruction, Army

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions, to include construction of facilities, in accordance 
with the provisions of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of 
other chemical warfare materials that are not in the chemical weapon 
stockpile, $1,400,827,000, of which $1,216,514,000 shall be for 
Operation and maintenance; $116,527,000 shall be for Procurement to 
remain available until September 30, 2008; $67,786,000 shall be for 
Research, development, test and evaluation, of which $53,026,000 shall 
only be for the Assembled Chemical Weapons Alternatives (ACWA) program, 
to remain available until September 30, 2007; and no less than 
$119,300,000 may be for the Chemical Stockpile Emergency Preparedness 
Program, of which $36,800,000 shall be for activities on military 
installations and $82,500,000 shall be to assist State and local 
governments.

         Drug Interdiction and Counter-Drug Activities, Defense


                      (INCLUDING TRANSFER OF FUNDS)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation, $917,651,000: Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred: 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: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $209,687,000, of which $208,687,000 shall be for Operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $1,000,000, to remain available until September 
30, 2008, shall be for Procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $244,600,000.

               Intelligence Community Management Account


                      (including transfer of funds)

    For necessary expenses of the Intelligence Community Management 
Account, $422,344,000, of which $27,454,000 for the Advanced Research 
and Development Committee shall remain available until September 30, 
2007: Provided, That of the funds appropriated under this heading, 
$39,000,000 shall be transferred to the Department of Justice for the 
National Drug Intelligence Center to support the Department of 
Defense's counter-drug intelligence responsibilities, and of the said 
amount, $1,500,000 for Procurement shall remain available until 
September 30, 2008 and $1,000,000 for Research, development, test and 
evaluation shall remain available until September 30, 2007: Provided 
further, That the National Drug Intelligence Center shall maintain the 
personnel and technical resources to provide timely support to law 
enforcement authorities and the intelligence community by conducting 
document and computer exploitation of materials collected in Federal, 
State, and local law enforcement activity associated with counter-drug, 
counter-terrorism, and national security investigations and operations.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980: Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.
    Sec. 8003. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004. No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.


                           (transfer of funds)

    Sec. 8005. Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$3,750,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section must be made prior to June 30, 
2006: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.


                           (transfer of funds)

    Sec. 8006. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds: Provided, That transfers may be made between such 
funds: Provided further, That transfers may be made between working 
capital funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' appropriation 
accounts in such amounts as may be determined by the Secretary of 
Defense, with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital funds in 
this Act, no obligations may be made against a working capital fund to 
procure or increase the value of war reserve material inventory, unless 
the Secretary of Defense has notified the Congress prior to any such 
obligation.
    Sec. 8007. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in session in advance to the congressional defense 
committees.
    Sec. 8008. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any 1 year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any 1 year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
congressional defense committees: Provided further, That the execution 
of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procurement: 
Provided further, That none of the funds provided in this Act may be 
used for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract--
        (1) the Secretary of Defense has submitted to Congress a budget 
    request for full funding of units to be procured through the 
    contract;
        (2) cancellation provisions in the contract do not include 
    consideration of recurring manufacturing costs of the contractor 
    associated with the production of unfunded units to be delivered 
    under the contract;
        (3) the contract provides that payments to the contractor under 
    the contract shall not be made in advance of incurred costs on 
    funded units; and
        (4) the contract does not provide for a price adjustment based 
    on a failure to award a follow-on contract.
    Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
        UH-60/MH-60 Helicopters;
        C-17 Globemaster;
        Apache Block II Conversion; and
        Modernized Target Acquisition Designation Sight/Pilot Night 
    Vision Sensor (MTADS/PNVS).
    Sec. 8009. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, That funds 
available for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using Civic Action 
Teams in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239: Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.
    Sec. 8010. (a) During fiscal year 2006, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2007 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2007 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2007.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8011. None of the funds appropriated in this or any other Act 
may be used to initiate a new installation overseas without 30-day 
advance notification to the Committees on Appropriations.
    Sec. 8012. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8013. None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this subsection 
shall not apply to those members who have reenlisted with this option 
prior to October 1, 1987: Provided further, That this subsection 
applies only to active components of the Army.
    Sec. 8014. (a) Limitation on Conversion to Contractor 
Performance.--None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by more than 10 Department of 
Defense civilian employees unless--
        (1) the conversion is based on the result of a public-private 
    competition that includes a most efficient and cost effective 
    organization plan developed by such activity or function;
        (2) the Competitive Sourcing Official determines that, over all 
    performance periods stated in the solicitation of offers for 
    performance of the activity or function, the cost of performance of 
    the activity or function by a contractor would be less costly to 
    the Department of Defense by an amount that equals or exceeds the 
    lesser of--
            (A) 10 percent of the most efficient organization's 
        personnel-related costs for performance of that activity or 
        function by Federal employees; or
            (B) $10,000,000; and
        (3) the contractor does not receive an advantage for a proposal 
    that would reduce costs for the Department of Defense by--
            (A) not making an employer-sponsored health insurance plan 
        available to the workers who are to be employed in the 
        performance of that activity or function under the contract; or
            (B) offering to such workers an employer-sponsored health 
        benefits plan that requires the employer to contribute less 
        towards the premium or subscription share than the amount that 
        is paid by the Department of Defense for health benefits for 
        civilian employees under chapter 89 of title 5, United States 
        Code.
    (b) Exceptions.--
        (1) The Department of Defense, without regard to subsection (a) 
    of this section or subsections (a), (b), or (c) of section 2461 of 
    title 10, United States Code, and notwithstanding any 
    administrative regulation, requirement, or policy to the contrary 
    shall have full authority to enter into a contract for the 
    performance of any commercial or industrial type function of the 
    Department of Defense that--
            (A) is included on the procurement list established 
        pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 
        47);
            (B) is planned to be converted to performance by a 
        qualified nonprofit agency for the blind or by a qualified 
        nonprofit agency for other severely handicapped individuals in 
        accordance with that Act; or
            (C) is planned to be converted to performance by a 
        qualified firm under at least 51 percent ownership by an Indian 
        tribe, as defined in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)), 
        or a Native Hawaiian Organization, as defined in section 
        8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
        (2) This section shall not apply to depot contracts or 
    contracts for depot maintenance as provided in sections 2469 and 
    2474 of title 10, United States Code.
    (c) Treatment of Conversion.--The conversion of any activity or 
function of the Department of Defense under the authority provided by 
this section shall be credited toward any competitive or outsourcing 
goal, target, or measurement that may be established by statute, 
regulation, or policy and is deemed to be awarded under the authority 
of, and in compliance with, subsection (h) of section 2304 of title 10, 
United States Code, for the competition or outsourcing of commercial 
activities.


                           (transfer of funds)

    Sec. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8016. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section manufactured will include cutting, heat treating, quality 
control, testing of chain and welding (including the forging and shot 
blasting process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and mooring chain 
shall be considered to be produced or manufactured in the United States 
if the aggregate cost of the components produced or manufactured in the 
United States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.
    Sec. 8017. None of the funds available to the Department of Defense 
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand 
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 
pistols.
    Sec. 8018. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) or TRICARE shall be available for the reimbursement of any 
health care provider for inpatient mental health service for care 
received when a patient is referred to a provider of inpatient mental 
health care or residential treatment care by a medical or health care 
professional having an economic interest in the facility to which the 
patient is referred: Provided, That this limitation does not apply in 
the case of inpatient mental health services provided under the program 
for persons with disabilities under subsection (d) of section 1079 of 
title 10, United States Code, provided as partial hospital care, or 
provided pursuant to a waiver authorized by the Secretary of Defense 
because of medical or psychological circumstances of the patient that 
are confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, the 
intensity of services required by the patient, and the availability of 
that care.
    Sec. 8019. No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8020. In addition to the funds provided elsewhere in this Act, 
$8,000,000 is appropriated only for incentive payments authorized by 
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code or a small business 
owned and controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to any fiscal 
year: Provided further, That notwithstanding section 430 of title 41, 
United States Code, this section shall be applicable to any Department 
of Defense acquisition of supplies or services, including any contract 
and any subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part by any subcontractor or 
supplier defined in section 1544 of title 25, United States Code or a 
small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code: Provided 
further, That, during the current fiscal year and hereafter, businesses 
certified as 8(a) by the Small Business Administration pursuant to 
section 8(a)(15) of Public Law 85-536, as amended, shall have the same 
status as other program participants under section 602 of Public Law 
100-656, 102 Stat. 3825 (Business Opportunity Development Reform Act of 
1988) for purposes of contracting with agencies of the Department of 
Defense.
    Sec. 8021. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of 24 
months after initiation of such study with respect to a single function 
activity or 30 months after initiation of such study for a multi-
function activity.
    Sec. 8022. Funds appropriated by this Act for the American Forces 
Information Service shall not be used for any national or international 
political or psychological activities.
    Sec. 8023. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
    Sec. 8024. During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, That upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.
    Sec. 8025. (a) Of the funds made available in this Act, not less 
than $31,109,000 shall be available for the Civil Air Patrol 
Corporation, of which--
        (1) $24,288,000 shall be available from ``Operation and 
    Maintenance, Air Force'' to support Civil Air Patrol Corporation 
    operation and maintenance, readiness, counterdrug activities, and 
    drug demand reduction activities involving youth programs;
        (2) $6,000,000 shall be available from ``Aircraft Procurement, 
    Air Force''; and
        (3) $821,000 shall be available from ``Other Procurement, Air 
    Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8026. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other non-profit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year: Provided, 
That a member of any such entity referred to previously in this 
subsection shall be allowed travel expenses and per diem as authorized 
under the Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2006 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2006, not more than 
5,517 staff years of technical effort (staff years) may be funded for 
defense FFRDCs: Provided, That of the specific amount referred to 
previously in this subsection, not more than 1,050 staff years may be 
funded for the defense studies and analysis FFRDCs: Provided further, 
That this subsection shall not apply to staff years funded in the 
National Intelligence Program (NIP).
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2007 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$46,000,000.
    Sec. 8027. None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy or armor steel plate for use 
in any Government-owned facility or property under the control of the 
Department of Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement restrictions shall 
apply to any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate: Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of the enactment of this Act.
    Sec. 8028. For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives. In addition, for any 
matter pertaining to basic allowance for housing, facilities 
sustainment, restoration and modernization, environmental restoration 
and the Defense Health Program, ``congressional defense committees'' 
also means the Subcommittee on Military Quality of Life and Veterans 
Affairs, and Related Agencies of the Committee on Appropriations of the 
House of Representatives.
    Sec. 8029. During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids: Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8030. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2006. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreement Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means title III of the Act entitled ``An Act making appropriations for 
the Treasury and Post Office Departments for the fiscal year ending 
June 30, 1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
    Sec. 8031. Appropriations contained in this Act that remain 
available at the end of the current fiscal year, and at the end of each 
fiscal year hereafter, as a result of energy cost savings realized by 
the Department of Defense shall remain available for obligation for the 
next fiscal year to the extent, and for the purposes, provided in 
section 2865 of title 10, United States Code.
    Sec. 8032. The President shall include with each budget for a 
fiscal year submitted to the Congress under section 1105 of title 31, 
United States Code, and hereafter, materials that shall identify 
clearly and separately the amounts requested in the budget for 
appropriation for that fiscal year for salaries and expenses related to 
administrative activities of the Department of Defense, the military 
departments, and the defense agencies.
    Sec. 8033. Notwithstanding any other provision of law, funds 
available during the current fiscal year and hereafter for ``Drug 
Interdiction and Counter-Drug Activities, Defense'' may be obligated 
for the Young Marines program.


                      (including transfer of funds)

    Sec. 8034. During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8035. (a) In General.--Notwithstanding any other provision of 
law, the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States of 
North Dakota, South Dakota, Montana, and Minnesota relocatable military 
housing units located at Grand Forks Air Force Base and Minot Air Force 
Base that are excess to the needs of the Air Force.
    (b) Processing of Requests.--The Secretary of the Air Force shall 
convey, at no cost to the Air Force, military housing units under 
subsection (a) in accordance with the request for such units that are 
submitted to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of North Dakota, South 
Dakota, Montana, and Minnesota.
    (c) Resolution of Housing Unit Conflicts.--The Operation Walking 
Shield Program shall resolve any conflicts among requests of Indian 
tribes for housing units under subsection (a) before submitting 
requests to the Secretary of the Air Force under subsection (b).
    (d) Indian Tribe Defined.--In this section, the term ``Indian 
tribe'' means any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 
Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8036. During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance 
may be used to purchase items having an investment item unit cost of 
not more than $250,000.
    Sec. 8037. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2007 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2007 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2007 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8038. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2007: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended: Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2007.
    Sec. 8039. Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8040. Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $10,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8041. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means title 
III of the Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 1934, 
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
    Sec. 8042. None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
        (1) as a result of thorough technical evaluation, only one 
    source is found fully qualified to perform the proposed work;
        (2) the purpose of the contract is to explore an unsolicited 
    proposal which offers significant scientific or technological 
    promise, represents the product of original thinking, and was 
    submitted in confidence by one source; or
        (3) the purpose of the contract is to take advantage of unique 
    and significant industrial accomplishment by a specific concern, or 
    to insure that a new product or idea of a specific concern is given 
    financial support: Provided, That this limitation shall not apply 
    to contracts in an amount of less than $25,000, contracts related 
    to improvements of equipment that is in development or production, 
    or contracts as to which a civilian official of the Department of 
    Defense, who has been confirmed by the Senate, determines that the 
    award of such contract is in the interest of the national defense.
    Sec. 8043. (a) Except as provided in subsection (b) and (c), none 
of the funds made available by this Act may be used--
        (1) to establish a field operating agency; or
        (2) to pay the basic pay of a member of the Armed Forces or 
    civilian employee of the department who is transferred or 
    reassigned from a headquarters activity if the member or employee's 
    place of duty remains at the location of that headquarters.
    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, 
if the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to--
        (1) field operating agencies funded within the National 
    Intelligence Program; or
        (2) an Army field operating agency established to eliminate, 
    mitigate, or counter the effects of improvised explosive devices, 
    and, as determined by the Secretary of the Army, other similar 
    threats.
    Sec. 8044. The Secretary of Defense, acting through the Office of 
Economic Adjustment of the Department of Defense, may use funds made 
available in this Act under the heading ``Operation and Maintenance, 
Defense-Wide'' to make grants and supplement other Federal funds in 
accordance with the guidance provided in the Joint Explanatory 
Statement of the Committee of Conference to accompany the conference 
report on the bill H.R. 2863, and the projects specified in such 
guidance shall be considered to be authorized by law.


                              (Rescissions)

    Sec. 8045. Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
        ``Missile Procurement, Army, 2004/2006'', $20,000,000;
        ``Missile Procurement, Army, 2005/2007'', $14,931,000;
        ``Other Procurement, Army, 2005/2007'', $68,637,000;
        ``Aircraft Procurement, Navy, 2005/2007'', $16,800,000;
        ``Shipbuilding and Conversion, Navy, 2005/2009'', $42,200,000;
        ``Other Procurement, Navy, 2005/2007'', $43,000,000;
        ``Procurement, Marine Corps, 2005/2007'', $4,300,000;
        ``Missile Procurement, Air Force, 2005/2007'', $92,000,000;
        ``Other Procurement, Air Force, 2005/2007'', $3,400,000;
        ``Research, Development, Test and Evaluation, Army, 2005/
    2006'', $4,300,000;
        ``Research, Development, Test and Evaluation, Navy, 2005/
    2006'', $32,755,000; and
        ``Research, Development, Test and Evaluation, Air Force, 2005/
    2006'', $63,400,000.
    Sec. 8046. None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, the Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8047. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
    Sec. 8048. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program, the Joint Military Intelligence Program, and the 
Tactical Intelligence and Related Activities aggregate: Provided, That 
nothing in this section authorizes deviation from established Reserve 
and National Guard personnel and training procedures.
    Sec. 8049. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003, level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-
based budgeting.
    Sec. 8050. Up to $2,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available to 
contract for the installation, repair, and maintenance of an on-base 
and adjacent off-base wastewater/treatment facility and infrastructure 
critical to base operations and the public health and safety of 
community residents in the vicinity of the NCTAMS.
    Sec. 8051. Notwithstanding any other provision of law, that not 
more than 35 percent of funds provided in this Act for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8052. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.
    Sec. 8053. Up to $3,000,000 of the funds appropriated in title II 
of this Act under the heading ``Operation and Maintenance, Army'', may 
be made available to contract with the Army Historical Foundation, a 
nonprofit organization, for services required to solicit non-Federal 
donations to support construction and operation of the National Museum 
of the United States Army at Fort Belvoir, Virginia: Provided, That 
notwithstanding any other provision of law, the Army is authorized to 
receive future payments in this or the subsequent fiscal year from any 
nonprofit organization chartered to support the National Museum of the 
United States Army to reimburse amounts expended by the Army pursuant 
to this section: Provided further, That any reimbursements received 
pursuant to this section shall be merged with ``Operation and 
Maintenance, Army'' and shall be made available for the same purposes 
and for the same time period as that appropriation account.


                           (transfer of funds)

    Sec. 8054. Appropriations available under the heading ``Operation 
and Maintenance, Defense-Wide'' for the current fiscal year and 
hereafter for increasing energy and water efficiency in Federal 
buildings may, during their period of availability, be transferred to 
other appropriations or funds of the Department of Defense for projects 
related to increasing energy and water efficiency, to be merged with 
and to be available for the same general purposes, and for the same 
time period, as the appropriation or fund to which transferred.
    Sec. 8055. None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.
    Sec. 8056. None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8057. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the current fiscal 
year for construction or service performed in whole or in part in a 
State (as defined in section 381(d) of title 10, United States Code) 
which is not contiguous with another State and has an unemployment rate 
in excess of the national average rate of unemployment as determined by 
the Secretary of Labor, shall include a provision requiring the 
contractor to employ, for the purpose of performing that portion of the 
contract in such State that is not contiguous with another State, 
individuals who are residents of such State and who, in the case of any 
craft or trade, possess or would be able to acquire promptly the 
necessary skills: Provided, That the Secretary of Defense may waive the 
requirements of this section, on a case-by-case basis, in the interest 
of national security.
    Sec. 8058. None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8059. (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the 
funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate are notified 15 
days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
        (1) any international peacekeeping or peace-enforcement 
    operation under the authority of chapter VI or chapter VII of the 
    United Nations Charter under the authority of a United Nations 
    Security Council resolution; and
        (2) any other international peacekeeping, peace-enforcement, or 
    humanitarian assistance operation.
    (c) Required Notice.--A notice under subsection (a) shall include 
the following:
        (1) A description of the equipment, supplies, or services to be 
    transferred.
        (2) A statement of the value of the equipment, supplies, or 
    services to be transferred.
        (3) In the case of a proposed transfer of equipment or 
    supplies--
            (A) a statement of whether the inventory requirements of 
        all elements of the Armed Forces (including the reserve 
        components) for the type of equipment or supplies to be 
        transferred have been met; and
            (B) a statement of whether the items proposed to be 
        transferred will have to be replaced and, if so, how the 
        President proposes to provide funds for such replacement.
    Sec. 8060. None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
        (1) such costs are for a bonus or otherwise in excess of the 
    normal salary paid by the contractor to the employee; and
        (2) such bonus is part of restructuring costs associated with a 
    business combination.


                      (including transfer of funds)

    Sec. 8061. During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8062. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
        (1) the obligation would have been properly chargeable (except 
    as to amount) to the expired or closed account before the end of 
    the period of availability or closing of that account;
        (2) the obligation is not otherwise properly chargeable to any 
    current appropriation account of the Department of Defense; and
        (3) in the case of an expired account, the obligation is not 
    chargeable to a current appropriation of the Department of Defense 
    under the provisions of section 1405(b)(8) of the National Defense 
    Authorization Act for Fiscal Year 1991, Public Law 101-510, as 
    amended (31 U.S.C. 1551 note): Provided, That in the case of an 
    expired account, if subsequent review or investigation discloses 
    that there was not in fact a negative unliquidated or unexpended 
    balance in the account, any charge to a current account under the 
    authority of this section shall be reversed and recorded against 
    the expired account: Provided further, That the total amount 
    charged to a current appropriation under this section may not 
    exceed an amount equal to 1 percent of the total appropriation for 
    that account.
    Sec. 8063. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8064. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, 
regional or municipal services, if provisions are included for the 
consideration of United States coal as an energy source.
    Sec. 8065. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program: Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.
    Sec. 8066. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa, and funds available to the 
Department of Defense shall be made available to provide transportation 
of medical supplies and equipment, on a nonreimbursable basis, to the 
Indian Health Service when it is in conjunction with a civil-military 
project.
    Sec. 8067. None of the funds made available in this Act may be used 
to approve or license the sale of the F/A-22 advanced tactical fighter 
to any foreign government.
    Sec. 8068. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
        (1) contracts and subcontracts entered into on or after the 
    date of the enactment of this Act; and
        (2) options for the procurement of items that are exercised 
    after such date under contracts that are entered into before such 
    date if the option prices are adjusted for any reason other than 
    the application of a waiver granted under subsection (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 
8109, 8211, 8215, and 9404.
    Sec. 8069. (a) Prohibition.--None of the funds made available by 
this Act may be used to support any training program involving a unit 
of the security forces of a foreign country if the Secretary of Defense 
has received credible information from the Department of State that the 
unit has committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to conduct 
any training program referred to in subsection (a), full consideration 
is given to all credible information available to the Department of 
State relating to human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) if he 
determines that such waiver is required by extraordinary circumstances.
    (d) Report.--Not more than 15 days after the exercise of any waiver 
under subsection (c), the Secretary of Defense shall submit a report to 
the congressional defense committees describing the extraordinary 
circumstances, the purpose and duration of the training program, the 
United States forces and the foreign security forces involved in the 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8070. None of the funds appropriated or made available in this 
Act to the Department of the Navy shall be used to develop, lease or 
procure the T-AKE class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire 
capability for national security purposes or there exists a significant 
cost or quality difference.
    Sec. 8071. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8072. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project may only be obligated 30 days after a 
report, including a description of the project, the planned acquisition 
and transition strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense committees: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying to the congressional defense 
committees that it is in the national interest to do so.
    Sec. 8073. The Secretary of Defense shall provide a classified 
quarterly report beginning 30 days after enactment of this Act, to the 
House and Senate Appropriations Committees, Subcommittees on Defense on 
certain matters as directed in the classified annex accompanying this 
Act.
    Sec. 8074. During the current fiscal year, refunds attributable to 
the use of the Government travel card, refunds attributable to the use 
of the Government Purchase Card and refunds attributable to official 
Government travel arranged by Government Contracted Travel Management 
Centers may be credited to operation and maintenance, and research, 
development, test and evaluation accounts of the Department of Defense 
which are current when the refunds are received.
    Sec. 8075. (a) Registering Financial Management Information 
Technology Systems With DOD Chief Information Officer.--None of the 
funds appropriated in this Act may be used for a mission critical or 
mission essential financial management information technology system 
(including a system funded by the defense working capital fund) that is 
not registered with the Chief Information Officer of the Department of 
Defense. A system shall be considered to be registered with that 
officer upon the furnishing to that officer of notice of the system, 
together with such information concerning the system as the Secretary 
of Defense may prescribe. A financial management information technology 
system shall be considered a mission critical or mission essential 
information technology system as defined by the Under Secretary of 
Defense (Comptroller).
    (b) Certifications as to Compliance With Financial Management 
Modernization Plan.--
        (1) During the current fiscal year, a financial management 
    automated information system, a mixed information system supporting 
    financial and non-financial systems, or a system improvement of 
    more than $1,000,000 may not receive Milestone A approval, 
    Milestone B approval, or full rate production, or their equivalent, 
    within the Department of Defense until the Under Secretary of 
    Defense (Comptroller) certifies, with respect to that milestone, 
    that the system is being developed and managed in accordance with 
    the Department's Financial Management Modernization Plan. The Under 
    Secretary of Defense (Comptroller) may require additional 
    certifications, as appropriate, with respect to any such system.
        (2) The Chief Information Officer shall provide the 
    congressional defense committees timely notification of 
    certifications under paragraph (1).
    (c) Certifications as to Compliance With Clinger-Cohen Act.--
        (1) During the current fiscal year, a major automated 
    information system may not receive Milestone A approval, Milestone 
    B approval, or full rate production approval, or their equivalent, 
    within the Department of Defense until the Chief Information 
    Officer certifies, with respect to that milestone, that the system 
    is being developed in accordance with the Clinger-Cohen Act of 1996 
    (40 U.S.C. 1401 et seq.). The Chief Information Officer may require 
    additional certifications, as appropriate, with respect to any such 
    system.
        (2) The Chief Information Officer shall provide the 
    congressional defense committees timely notification of 
    certifications under paragraph (1). Each such notification shall 
    include, at a minimum, the funding baseline and milestone schedule 
    for each system covered by such a certification and confirmation 
    that the following steps have been taken with respect to the 
    system:
            (A) Business process reengineering.
            (B) An analysis of alternatives.
            (C) An economic analysis that includes a calculation of the 
        return on investment.
            (D) Performance measures.
            (E) An information assurance strategy consistent with the 
        Department's Global Information Grid.
    (d) Definitions.--For purposes of this section:
        (1) The term ``Chief Information Officer'' means the senior 
    official of the Department of Defense designated by the Secretary 
    of Defense pursuant to section 3506 of title 44, United States 
    Code.
        (2) The term ``information technology system'' has the meaning 
    given the term ``information technology'' in section 5002 of the 
    Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
    Sec. 8076. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority: Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8077. Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32 may 
perform duties in support of the ground-based elements of the National 
Ballistic Missile Defense System.
    Sec. 8078. None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8079. Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under 
section 2667 of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to any 
organization specified in section 508(d) of title 32, United States 
Code, or any other youth, social, or fraternal non-profit organization 
as may be approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8080. None of the funds appropriated by this Act shall be used 
for the support of any nonappropriated funds activity of the Department 
of Defense that procures malt beverages and wine with nonappropriated 
funds for resale (including such alcoholic beverages sold by the drink) 
on a military installation located in the United States unless such 
malt beverages and wine are procured within that State, or in the case 
of the District of Columbia, within the District of Columbia, in which 
the military installation is located: Provided, That in a case in which 
the military installation is located in more than one State, purchases 
may be made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt beverages 
and wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another State: 
Provided further, That alcoholic beverages other than wine and malt 
beverages, in contiguous States and the District of Columbia shall be 
procured from the most competitive source, price and other factors 
considered.
    Sec. 8081. Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite and ground 
control segments of such system's modernization program.


                      (including transfer of funds)

    Sec. 8082. Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $147,900,000 shall remain 
available until expended: Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government: Provided 
further, That the Secretary of Defense is authorized to enter into and 
carry out contracts for the acquisition of real property, construction, 
personal services, and operations related to projects described in 
further detail in the Classified Annex accompanying the Department of 
Defense Appropriations Act, 2006, consistent with the terms and 
conditions set forth therein: Provided further, That contracts entered 
into under the authority of this section may provide for such 
indemnification as the Secretary determines to be necessary: Provided 
further, That projects authorized by this section shall comply with 
applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary 
of Defense.
    Sec. 8083. Section 8106 of the Department of Defense Appropriations 
Act, 1997 (titles I through VIII of the matter under subsection 101(b) 
of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall 
continue in effect to apply to disbursements that are made by the 
Department of Defense in fiscal year 2006.
    Sec. 8084. In addition to amounts provided elsewhere in this Act, 
$2,200,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended: Provided, That 
notwithstanding any other provision of law, these funds shall be 
available only for a grant to the Fisher House Foundation, Inc., only 
for the construction and furnishing of additional Fisher Houses to meet 
the needs of military family members when confronted with the illness 
or hospitalization of an eligible military beneficiary.
    Sec. 8085. (a) The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental and medical equipment of the Department of 
Defense, at no cost to the Department of Defense, to Indian Health 
Service facilities and to federally-qualified health centers (within 
the meaning of section 1905(l)(2)(B) of the Social Security Act (42 
U.S.C. 1396d(l)(2)(B))).
    (b) In carrying out this provision, the Secretary of Defense shall 
give the Indian Health Service a property disposal priority equal to 
the priority given to the Department of Defense and its twelve special 
screening programs in distribution of surplus dental and medical 
supplies and equipment.
    Sec. 8086. Amounts appropriated in title II of this Act are hereby 
reduced by $265,000,000 to reflect savings attributable to efficiencies 
and management improvements in the funding of miscellaneous or other 
contracts in the military departments, as follows:
        (1) From ``Operation and Maintenance, Army'', $26,000,000.
        (2) From ``Operation and Maintenance, Navy'', $85,000,000.
        (3) From ``Operation and Maintenance, Air Force'', 
    $154,000,000.
    Sec. 8087. The total amount appropriated or otherwise made 
available in this Act is hereby reduced by $100,000,000 to limit 
excessive growth in the procurement of advisory and assistance 
services, to be distributed as follows:
    ``Operation and Maintenance, Army'', $25,000,000.
    ``Operation and Maintenance, Navy'', $10,000,000.
    ``Operation and Maintenance, Air Force'', $30,000,000.
    ``Operation and Maintenance, Defense-Wide'', $35,000,000.


                      (including transfer of funds)

    Sec. 8088. Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$132,866,000 shall be made available for the Arrow missile defense 
program: Provided, That of this amount, $60,250,000 shall be available 
for the purpose of producing Arrow missile components in the United 
States and Arrow missile components and missiles in Israel to meet 
Israel's defense requirements, consistent with each nation's laws, 
regulations and procedures, and $10,000,000 shall be available for the 
purpose of the initiation of a joint feasibility study designated the 
Short Range Ballistic Missile Defense (SRBMD) initiative: Provided 
further, That funds made available under this provision for production 
of missiles and missile components may be transferred to appropriations 
available for the procurement of weapons and equipment, to be merged 
with and to be available for the same time period and the same purposes 
as the appropriation to which transferred: Provided further, That the 
transfer authority provided under this provision is in addition to any 
other transfer authority contained in this Act.


                      (including transfer of funds)

    Sec. 8089. Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $517,523,000 shall be 
available until September 30, 2006, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer such funds to the following 
appropriations in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:
        To:
            Under the heading ``Shipbuilding and Conversion, Navy, 
        1998/2006'':
                New SSN, $28,000,000.
            Under the heading ``Shipbuilding and Conversion, Navy, 
        1999/2006'':
                LPD-17 Amphibious Transport Dock Ship Program, 
            $95,000,000;
                New SSN, $72,000,000.
            Under the heading ``Shipbuilding and Conversion, Navy, 
        2000/2006'':
                LPD-17 Amphibious Transport Dock Ship Program, 
            $94,800,000.
            Under the heading ``Shipbuilding and Conversion, Navy, 
        2001/2006'':
                Carrier Replacement Program, $145,023,000;
                New SSN, $82,700,000.
    Sec. 8090. The Secretary of the Navy may settle, or compromise, and 
pay any and all admiralty claims under section 7622 of title 10, United 
States Code arising out of the collision involving the U.S.S. 
GREENEVILLE and the EHIME MARU, in any amount and without regard to the 
monetary limitations in subsections (a) and (b) of that section: 
Provided, That such payments shall be made from funds available to the 
Department of the Navy for operation and maintenance.
    Sec. 8091. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code for occupations listed 
in section 7403(a)(2) of title 38, United States Code as well as the 
following:
        Pharmacists, Audiologists, and Dental Hygienists.
            (A) The requirements of section 7403(g)(1)(A) of title 38, 
        United States Code shall apply.
            (B) The limitations of section 7403(g)(1)(B) of title 38, 
        United States Code shall not apply.
    Sec. 8092. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2006 until the enactment of the Intelligence Authorization Act for 
fiscal year 2006.
    Sec. 8093. None of the funds in this Act may be used to initiate a 
new start program without prior written notification to the Office of 
Secretary of Defense and the congressional defense committees.
    Sec. 8094. The amounts appropriated in title II of this Act are 
hereby reduced by $250,000,000 to reflect cash balance and rate 
stabilization adjustments in Department of Defense Working Capital 
Funds, as follows:
        (1) From ``Operation and Maintenance, Army'', $100,000,000.
        (2) From ``Operation and Maintenance, Navy'', $50,000,000.
        (3) From ``Operation and Maintenance, Air Force'', 
    $100,000,000.
    Sec. 8095. (a) In addition to the amounts provided elsewhere in 
this Act, the amount of $5,100,000 is hereby appropriated to the 
Department of Defense for ``Operation and Maintenance, Army National 
Guard''. Such amount shall be made available to the Secretary of the 
Army only to make a grant in the amount of $5,100,000 to the entity 
specified in subsection (b) to facilitate access by veterans to 
opportunities for skilled employment in the construction industry.
    (b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a nonprofit 
labor-management co-operation committee provided for by section 
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C. 
186(c)(9)), for the purposes set forth in section 6(b) of the Labor 
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
    Sec. 8096. Financing and Fielding of Key Army Capabilities.--The 
Department of Defense and the Department of the Army shall make future 
budgetary and programming plans to fully finance the Non-Line of Sight 
Future Force cannon and resupply vehicle program (NLOS-C) in order to 
field this system in fiscal year 2010, consistent with the broader plan 
to field the Future Combat System (FCS) in fiscal year 2010: Provided, 
That if the Army is precluded from fielding the FCS program by fiscal 
year 2010, then the Army shall develop the NLOS-C independent of the 
broader FCS development timeline to achieve fielding by fiscal year 
2010. In addition the Army will deliver eight (8) combat operational 
pre-production NLOS-C systems by the end of calendar year 2008. These 
systems shall be in addition to those systems necessary for 
developmental and operational testing: Provided further, That the Army 
shall ensure that budgetary and programmatic plans will provide for no 
fewer than seven (7) Stryker Brigade Combat Teams.
    Sec. 8097. Up to $2,125,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific 
Missile Range Facility may be made available to contract for the 
repair, maintenance, and operation of adjacent off-base water, 
drainage, and flood control systems, electrical upgrade to support 
additional missions critical to base operations, and support for a 
range footprint expansion to further guard against encroachment.
    Sec. 8098. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $33,350,000 is hereby 
appropriated to the Department of Defense, to remain available until 
September 30, 2006: Provided, That the Secretary of Defense shall make 
grants in the amounts specified as follows: $3,850,000 to the Intrepid 
Sea-Air-Space Foundation; $1,000,000 to the Pentagon Memorial Fund, 
Inc.; $4,400,000 to the Center for Applied Science and Technologies at 
Jordan Valley Innovation Center; $1,000,000 to the Vietnam Veterans 
Memorial Fund for the Teach Vietnam initiative; $500,000 to the 
Westchester County World Trade Center Memorial; $1,000,000 to the Women 
in Military Service for America Memorial Foundation; $2,000,000 to The 
Presidio Trust; $500,000 to George Mason University for the Clinic for 
Legal Assistance to Servicemembers; $850,000 to the Fort Des Moines 
Memorial Park and Education Center; $1,000,000 to the American Civil 
War Center at Historic Tredegar; $1,500,000 to the Museum of Flight, 
American Heroes Collection; $1,000,000 to the National Guard Youth 
Foundation; $2,550,000 to the United Services Organization; $1,700,000 
to the Dwight D. Eisenhower Memorial Commission; $1,000,000 to the Iraq 
Cultural Heritage Assistance Project; $1,350,000 to the Pacific 
Aviation Museum-Pearl Harbor; $1,500,000 to the Red Cross Consolidated 
Blood Services Facility; $150,000 to the Telluride Adaptive Sports 
Program; $4,000,000 to T.H.A.N.K.S USA; $1,500,000 to the Battleship 
Texas Foundation to Restore and Preserve the Battleship Texas; and 
$1,000,000 to the Pennsylvania Veterans Museum Media Armory.
    Sec. 8099. Notwithstanding section 2583(a) of title 10, United 
States Code, but subject to the limitations of section 2583(e) of title 
10, United States Code, during the current fiscal year the Secretary of 
the military department concerned may make a military working dog 
available for adoption by its former handler.
    Sec. 8100. The budget of the President for fiscal year 2007 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code shall include separate budget justification documents for 
costs of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Operation and 
Maintenance accounts, and the Procurement accounts: Provided, That 
these documents shall include a description of the funding requested 
for each contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations account: 
Provided further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop strength for 
each Active and Reserve component, and estimates of the major weapons 
systems deployed in support of each contingency: Provided further, That 
these documents shall include budget exhibits OP-5 and OP-32 (as 
defined in the Department of Defense Financial Management Regulation) 
for all contingency operations for the budget year and the two 
preceding fiscal years.
    Sec. 8101. None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 8102. Of the amounts provided in title II of this Act under 
the heading ``Operation and Maintenance, Defense-Wide'', $20,000,000 is 
available for the Regional Defense Counter-terrorism Fellowship 
Program, to fund the education and training of foreign military 
officers, ministry of defense civilians, and other foreign security 
officials, to include United States military officers and civilian 
officials whose participation directly contributes to the education and 
training of these foreign students.
    Sec. 8103. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force shall allow the 
53rd Weather Reconnaissance Squadron to perform other missions in 
support of national defense requirements during the non-hurricane 
season.
    Sec. 8104. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign intelligence activities: Provided, That 
information pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8105. (a) From within amounts made available in title II of 
this Act, under the heading ``Operation and Maintenance, Army'', and 
notwithstanding any other provision of law, up to $7,000,000 shall be 
available only for repairs and safety improvements to the segment of 
Fort Irwin Road which extends from Interstate 15 northeast toward the 
boundary of Fort Irwin, California and the originating intersection of 
Irwin Road: Provided, That these funds shall remain available until 
expended: Provided further, That the authorized scope of work includes, 
but is not limited to, environmental documentation and mitigation, 
engineering and design, improving safety, resurfacing, widening lanes, 
enhancing shoulders, and replacing signs and pavement markings: 
Provided further, That these funds may be used for advances to the 
Federal Highway Administration, Department of Transportation, for the 
authorized scope of work.
    (b) From within amounts made available in title II of this Act 
under the heading ``Operation and Maintenance, Marine Corps'', the 
Secretary of the Navy shall make a grant in the amount of $4,800,000, 
notwithstanding any other provision of law, to the City of Twentynine 
Palms, California, for the widening of off-base Adobe Road, which is 
used by members of the Marine Corps stationed at the Marine Corps Air 
Ground Task Force Training Center, Twentynine Palms, California, and 
their dependents, and for construction of pedestrian and bike lanes for 
the road, to provide for the safety of the Marines stationed at the 
installation.
    Sec. 8106. None of the funds available to the Department of Defense 
may be obligated to modify command and control relationships to give 
Fleet Forces Command administrative and operational control of U.S. 
Navy forces assigned to the Pacific fleet: Provided, That the command 
and control relationships which existed on October 1, 2004, shall 
remain in force unless changes are specifically authorized in a 
subsequent Act.
    Sec. 8107. (a) At the time members of reserve components of the 
Armed Forces are called or ordered to active duty under section 
12302(a) of title 10, United States Code, each member shall be notified 
in writing of the expected period during which the member will be 
mobilized.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that it is 
necessary to do so to respond to a national security emergency or to 
meet dire operational requirements of the Armed Forces.


                      (including transfer of funds)

    Sec. 8108. The Secretary of Defense may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating 
necessary changes resulting from inflation, market fluctuations, or 
rate adjustments for any ship construction program appropriated in law: 
Provided, That the Secretary may transfer not to exceed $100,000,000 
under the authority provided by this section: Provided further, That 
the funding transferred shall be available for the same time period as 
the appropriation to which transferred: Provided further, That the 
Secretary may not transfer any funds until 30 days after the proposed 
transfer has been reported to the Committees on Appropriations of the 
Senate and the House of Representatives, unless sooner notified by the 
Committees that there is no objection to the proposed transfer: 
Provided further, That the transfer authority provided by this section 
is in addition to any other transfer authority contained elsewhere in 
this Act.
    Sec. 8109. (a) The total amount appropriated or otherwise made 
available in title II of this Act is hereby reduced by $92,000,000 to 
limit excessive growth in the travel and transportation of persons.
    (b) The Secretary of Defense shall allocate this reduction 
proportionately to each budget activity, activity group, subactivity 
group, and each program, project, and activity within each applicable 
appropriation account.
    Sec. 8110. In addition to funds made available elsewhere in this 
Act, $5,500,000 is hereby appropriated and shall remain available until 
expended to provide assistance, by grant or otherwise (such as, but not 
limited to, the provision of funds for repairs, maintenance, 
construction, and/or for the purchase of information technology, text 
books, teaching resources), to public schools that have unusually high 
concentrations of special needs military dependents enrolled: Provided, 
That in selecting school systems to receive such assistance, special 
consideration shall be given to school systems in States that are 
considered overseas assignments, and all schools within these school 
systems shall be eligible for assistance: Provided further, That up to 
2 percent of the total appropriated funds under this section shall be 
available to support the administration and execution of the funds or 
program and/or events that promote the purpose of this appropriation 
(e.g. payment of travel and per diem of school teachers attending 
conferences or a meeting that promotes the purpose of this 
appropriation and/or consultant fees for on-site training of teachers, 
staff, or Joint Venture Education Forum (JVEF) Committee members): 
Provided further, That up to $2,000,000 shall be available for the 
Department of Defense to establish a non-profit trust fund to assist in 
the public-private funding of public school repair and maintenance 
projects, or provide directly to non-profit organizations who in return 
will use these monies to provide assistance in the form of repair, 
maintenance, or renovation to public school systems that have high 
concentrations of special needs military dependents and are located in 
States that are considered overseas assignments: Provided further, That 
to the extent a Federal agency provides this assistance, by contract, 
grant, or otherwise, it may accept and expend non-Federal funds in 
combination with these Federal funds to provide assistance for the 
authorized purpose, if the non-Federal entity requests such assistance 
and the non-Federal funds are provided on a reimbursable basis.
    Sec. 8111. Of the funds appropriated or otherwise made available in 
this Act, a reduction of $361,000,000 is hereby taken from title III, 
Procurement, from the following accounts in the specified amounts:
        ``Missile Procurement, Army'', $9,000,000;
        ``Other Procurement, Army'', $297,000,000; and
        ``Procurement, Marine Corps'', $55,000,000:
Provided, That within 30 days of enactment of this Act, the Secretary 
of the Army and the Secretary of the Navy shall provide a report to the 
House Committee on Appropriations and the Senate Committee on 
Appropriations which describes the application of these reductions to 
programs, projects or activities within these accounts.


                      (including transfer of funds)

    Sec. 8112. (a) Three-Year Extension.--During the current fiscal 
year and each of fiscal years 2007 and 2008, the Secretary of Defense 
may transfer not more than $20,000,000 of unobligated balances 
remaining in the expiring RDT&E, Army, appropriation account to a 
current Research, Development, Test and Evaluation, Army, appropriation 
account to be used only for the continuation of the Army Venture 
Capital Fund demonstration.
    (b) Expiring RDT&E, Army, Account.--For purposes of this section, 
for any fiscal year, the expiring RDT&E, Army, account is the Research, 
Development, Test and Evaluation, Army, appropriation account that is 
then in its last fiscal year of availability for obligation before the 
account closes under section 1552 of title 31, United States Code.
    (c) Army Venture Capital Fund Demonstration.--For purposes of this 
section, the Army Venture Capital Fund demonstration is the program for 
which funds were initially provided in section 8150 of the Department 
of Defense Appropriations Act, 2002 (division A of Public Law 107-117; 
115 Stat. 2281), as extended and revised in section 8105 of Department 
of Defense Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 
1562).
    (d) Administrative Provisions.--The provisos in section 8105 of the 
Department of Defense Appropriations Act, 2003 (Public Law 107-248; 116 
Stat. 1562), shall apply with respect to amounts transferred under this 
section in the same manner as to amounts transferred under that 
section.
    Sec. 8113. Of the funds made available in this Act, not less than 
$76,100,000 shall be available to maintain an attrition reserve force 
of 18 B-52 aircraft, of which $3,900,000 shall be available from 
``Military Personnel, Air Force'', $44,300,000 shall be available from 
``Operation and Maintenance, Air Force'', and $27,900,000 shall be 
available from ``Aircraft Procurement, Air Force'': Provided, That the 
Secretary of the Air Force shall maintain a total force of 94 B-52 
aircraft, including 18 attrition reserve aircraft, during fiscal year 
2006: Provided further, That the Secretary of Defense shall include in 
the Air Force budget request for fiscal year 2007 amounts sufficient to 
maintain a B-52 force totaling 94 aircraft.
    Sec. 8114. The Secretary of the Air Force is authorized, using 
funds available under the heading ``Operation and Maintenance, Air 
Force'', to complete a phased repair project, which repairs may include 
upgrades and additions, to the infrastructure of the operational ranges 
managed by the Air Force in Alaska: Provided, That the total cost of 
such phased projects shall not exceed $32,000,000.
    Sec. 8115. For purposes of section 612 of title 41, United States 
Code, any subdivision of appropriations made under the heading 
``Shipbuilding and Conversion, Navy'' that is not closed at the time 
reimbursement is made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.


                           (TRANSFER OF FUNDS)

    Sec. 8116. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfer of funds: Provided, That funds so 
transferred shall be merged with and shall be available for the same 
purpose and for the same time period as the appropriation to which 
transferred: Provided further, That the amounts shall be transferred 
between the following appropriations in the amounts specified:
        From:
            Under the heading ``Shipbuilding and Conversion, Navy, 
        2003/2007'':
                For outfitting, post delivery, conversions, and first 
            destination transportation, $3,300,000;
            Under the heading ``Shipbuilding and Conversion, Navy, 
        2004/2008'':
                For outfitting, post delivery, conversions, and first 
            destination transportation, $6,100,000;
        To:
            Under the heading ``Shipbuilding and Conversion, Navy, 
        2003/2007'':
                SSGN, $3,300,000;
            Under the heading ``Shipbuilding and Conversion, Navy, 
        2004/2008'':
                SSGN, $6,100,000.
    Sec. 8117. (a) Findings.--The Senate makes the following findings:
        (1) The Department of Defense Appropriations Act, 2004 (Public 
    Law 108-87), the Department of Defense Appropriations Act, 2005 
    (Public Law 108-287), and the Emergency Supplemental Appropriations 
    Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 
    (Public Law 109-13) each contain a sense of the Senate provision 
    urging the President to provide in the annual budget requests of 
    the President for a fiscal year under section 1105(a) of title 31, 
    United States Code, an estimate of the cost of ongoing military 
    operations in Iraq and Afghanistan in such fiscal year.
        (2) The budget for fiscal year 2006 submitted to Congress by 
    the President on February 7, 2005, requests no funds for fiscal 
    year 2006 for ongoing military operations in Iraq or Afghanistan.
        (3) According to the Congressional Research Service, there 
    exists historical precedent for including the cost of ongoing 
    military operations in the annual budget requests of the President 
    following initial funding for such operations by emergency or 
    supplemental appropriations Acts, including--
            (A) funds for Operation Noble Eagle, beginning in the 
        budget request of President George W. Bush for fiscal year 
        2005;
            (B) funds for operations in Kosovo, beginning in the budget 
        request of President George W. Bush for fiscal year 2001;
            (C) funds for operations in Bosnia, beginning in the budget 
        request of President Clinton for fiscal year 1997;
            (D) funds for operations in Southwest Asia, beginning in 
        the budget request of President Clinton for fiscal year 1997;
            (E) funds for operations in Vietnam, beginning in the 
        budget request of President Johnson for fiscal year 1966; and
            (F) funds for World War II, beginning in the budget request 
        of President Roosevelt for fiscal year 1943.
        (4) In section 1024(b) of the Emergency Supplemental 
    Appropriations Act for Defense, the Global War on Terror, and 
    Tsunami Relief, 2005 (119 Stat. 252), the Senate requested that the 
    President submit to Congress, not later than September 1, 2005, an 
    amendment to the budget of the President for fiscal year 2006 
    setting forth detailed cost estimates for ongoing military 
    operations overseas during such fiscal year.
        (5) The President has yet to submit such an amendment.
        (6) In February 2005, the Congressional Budget Office estimated 
    that fiscal year 2006 cost of ongoing military operations in Iraq 
    and Afghanistan could total $85,000,000,000.
    (b) Sense of the Senate.--It is the sense of the Senate that--
        (1) any request for funds for a fiscal year after fiscal year 
    2006 for an ongoing military operation overseas, including 
    operations in Afghanistan and Iraq, should be included in the 
    annual budget of the President for such fiscal year as submitted to 
    Congress under section 1105(a) of title 31, United States Code;
        (2) the President should submit a budget request for fiscal 
    year 2006 setting forth estimates for ongoing military operations 
    overseas during such fiscal year; and
        (3) any funds provided for a fiscal year for ongoing military 
    operations overseas should be provided in appropriations Acts for 
    such fiscal year through appropriations to specific accounts set 
    forth in such appropriations Acts.
    Sec. 8118. Section 351(a)(3) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 1858) is amended by striking ``July 31, 2004'' and inserting 
``April 1, 2006''.
    Sec. 8119. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, acquisition, or other 
program authority relating to current tactical unmanned aerial vehicles 
(TUAVs) from the Army.
    (b) The Army shall retain responsibility for and operational 
control of the Extended Range Multi-Purpose (ERMP) Unmanned Aerial 
Vehicle (UAV) in order to support the Secretary of Defense in matters 
relating to the employment of unmanned aerial vehicles.
    Sec. 8120. (a) Report.--Not later than February 15, 2006, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the status of the review of, and actions taken 
to implement, the recommendations of the Comptroller General of the 
United States in the report of the Comptroller General entitled 
``Military and Veterans Benefits: Enhanced Services Could Improve 
Transition Assistance for Reserves and National Guard'' (GAO 05-544).
    (b) Particular Information.--If the Secretary has determined in the 
course of the review described in subsection (a) not to implement any 
recommendation of the Comptroller General described in that subsection, 
the report under that subsection shall include a justification of such 
determination.
    Sec. 8121. (a) The Secretary of the Navy may, subject to the terms 
and conditions of the Secretary, donate the World War II-era marine 
railway located at the United States Naval Academy, Annapolis, 
Maryland, to the Richardson Maritime Heritage Center, Cambridge, 
Maryland.
    (b) The marine railway donated under subsection (a) may not be used 
for commercial purposes.
    Sec. 8122. The Secretary of Defense may present promotional 
materials, including a United States flag, to any member of an Active 
or Reserve component under the Secretary's jurisdiction who, as 
determined by the Secretary, participates in Operation Enduring Freedom 
or Operation Iraqi Freedom, along with other recognition items in 
conjunction with any week-long national observation and day of national 
celebration, if established by Presidential proclamation, for any such 
members returning from such operations.
    Sec. 8123. Section 8013 of the Department of Defense Appropriations 
Act, 1994 (Public Law 103-139; 107 Stat. 1440) is amended by striking 
``the report to the President from the Defense Base Closure and 
Realignment Commission, July 1991'' and inserting ``the reports to the 
President from the Defense Base Closure and Realignment Commission, 
July 1991 and July 1993''.
    Sec. 8124. (a) Increase in Rate of Basic Pay.--
        (1) Increase.--Footnote 2 to the table on Enlisted Members in 
    section 601(b) of the National Defense Authorization Act for Fiscal 
    Year 2004 (Public Law 108-136; 37 U.S.C. 1009 note) is amended by 
    striking ``or Master Chief Petty Officer of the Coast Guard'' and 
    inserting ``Master Chief Petty Officer of the Coast Guard, or 
    Senior Enlisted Advisor to the Chairman of the Joint Chiefs of 
    Staff''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    take effect on September 1, 2005, and shall apply with respect to 
    months beginning on or after that date.
    (b) Personal Money Allowance.--Section 414(c) of title 37, United 
States Code, is amended by striking ``or the Master Chief Petty Officer 
of the Coast Guard'' and inserting ``the Master Chief Petty Officer of 
the Coast Guard, or the Senior Enlisted Advisor to the Chairman of the 
Joint Chiefs of Staff''.
    Sec. 8125. Notwithstanding any other provision of this Act, to 
reflect savings from revised economic assumptions the total amount 
appropriated in title II of this Act is hereby reduced by $195,260,000, 
the total amount appropriated in title III of this Act is hereby 
reduced by $263,875,000, and the total amount appropriated in title IV 
of this Act is hereby reduced by $312,165,000: Provided, That the 
Secretary of Defense shall allocate this reduction proportionally to 
each budget activity, activity group, subactivity group, and each 
program, project, and activity, within each appropriation account.
    Sec. 8126. Support for Youth Organizations. (a) Short Title.--This 
Act may be cited as the ``Support Our Scouts Act of 2005''.
    (b) Support for Youth Organizations.--
        (1) Definitions.--In this subsection--
            (A) the term ``Federal agency'' means each department, 
        agency, instrumentality, or other entity of the United States 
        Government; and
            (B) the term ``youth organization''--
                (i) means any organization that is designated by the 
            President as an organization that is primarily intended 
            to--

                    (I) serve individuals under the age of 21 years;
                    (II) provide training in citizenship, leadership, 
                physical fitness, service to community, and teamwork; 
                and
                    (III) promote the development of character and 
                ethical and moral values; and

                (ii) shall include--

                    (I) the Boy Scouts of America;
                    (II) the Girl Scouts of the United States of 
                America;
                    (III) the Boys Clubs of America;
                    (IV) the Girls Clubs of America;
                    (V) the Young Men's Christian Association;
                    (VI) the Young Women's Christian Association;
                    (VII) the Civil Air Patrol;
                    (VIII) the United States Olympic Committee;
                    (IX) the Special Olympics;
                    (X) Campfire USA;
                    (XI) the Young Marines;
                    (XII) the Naval Sea Cadets Corps;
                    (XIII) 4-H Clubs;
                    (XIV) the Police Athletic League;
                    (XV) Big Brothers--Big Sisters of America; and
                    (XVI) National Guard Youth Challenge.

        (2) In general.--
            (A) Support for youth organizations.--
                (i) Support.--No Federal law (including any rule, 
            regulation, directive, instruction, or order) shall be 
            construed to limit any Federal agency from providing any 
            form of support for a youth organization (including the Boy 
            Scouts of America or any group officially affiliated with 
            the Boy Scouts of America) that would result in that 
            Federal agency providing less support to that youth 
            organization (or any similar organization chartered under 
            the chapter of title 36, United States Code, relating to 
            that youth organization) than was provided during the 
            preceding fiscal year. This clause shall be subject to the 
            availability of appropriations.
                (ii) Youth organizations that cease to exist.--Clause 
            (i) shall not apply to any youth organization that ceases 
            to exist.
                (iii) Waivers.--The head of a Federal agency may waive 
            the application of clause (i) to any youth organization 
            with respect to each conviction or investigation described 
            under subclause (I) or (II) for a period of not more than 2 
            fiscal years if--

                    (I) any senior officer (including any member of the 
                board of directors) of the youth organization is 
                convicted of a criminal offense relating to the 
                official duties of that officer or the youth 
                organization is convicted of a criminal offense; or
                    (II) the youth organization is the subject of a 
                criminal investigation relating to fraudulent use or 
                waste of Federal funds.

            (B) Types of support.--Support described under this 
        paragraph shall include--
                (i) holding meetings, camping events, or other 
            activities on Federal property;
                (ii) hosting any official event of such organization;
                (iii) loaning equipment; and
                (iv) providing personnel services and logistical 
            support.
    (c) Support for Scout Jamborees.--
        (1) Findings.--Congress makes the following findings:
            (A) Section 8 of article I of the Constitution of the 
        United States commits exclusively to Congress the powers to 
        raise and support armies, provide and maintain a Navy, and make 
        rules for the government and regulation of the land and naval 
        forces.
            (B) Under those powers conferred by section 8 of article I 
        of the Constitution of the United States to provide, support, 
        and maintain the Armed Forces, it lies within the discretion of 
        Congress to provide opportunities to train the Armed Forces.
            (C) The primary purpose of the Armed Forces is to defend 
        our national security and prepare for combat should the need 
        arise.
            (D) One of the most critical elements in defending the 
        Nation and preparing for combat is training in conditions that 
        simulate the preparation, logistics, and leadership required 
        for defense and combat.
            (E) Support for youth organization events simulates the 
        preparation, logistics, and leadership required for defending 
        our national security and preparing for combat.
            (F) For example, Boy Scouts of America's National Scout 
        Jamboree is a unique training event for the Armed Forces, as it 
        requires the construction, maintenance, and disassembly of a 
        ``tent city'' capable of supporting tens of thousands of people 
        for a week or longer. Camporees at the United States Military 
        Academy for Girl Scouts and Boy Scouts provide similar training 
        opportunities on a smaller scale.
        (2) Support.--Section 2554 of title 10, United States Code, is 
    amended by adding at the end the following:
    ``(i)(1) The Secretary of Defense shall provide at least the same 
level of support under this section for a national or world Boy Scout 
Jamboree as was provided under this section for the preceding national 
or world Boy Scout Jamboree.
    ``(2) The Secretary of Defense may waive paragraph (1), if the 
Secretary--
        ``(A) determines that providing the support subject to 
    paragraph (1) would be detrimental to the national security of the 
    United States; and
        ``(B) reports such a determination to the Congress in a timely 
    manner, and before such support is not provided.''.
    (d) Equal Access for Youth Organizations.--Section 109 of the 
Housing and Community Development Act of 1974 (42 U.S.C. 5309) is 
amended--
        (1) in the first sentence of subsection (b) by inserting ``or 
    (e)'' after ``subsection (a)''; and
        (2) by adding at the end the following:
    ``(e) Equal Access.--
        ``(1) Definition.--In this subsection, the term `youth 
    organization' means any organization described under part B of 
    subtitle II of title 36, United States Code, that is intended to 
    serve individuals under the age of 21 years.
        ``(2) In general.--No State or unit of general local government 
    that has a designated open forum, limited public forum, or 
    nonpublic forum and that is a recipient of assistance under this 
    chapter shall deny equal access or a fair opportunity to meet to, 
    or discriminate against, any youth organization, including the Boy 
    Scouts of America or any group officially affiliated with the Boy 
    Scouts of America, that wishes to conduct a meeting or otherwise 
    participate in that designated open forum, limited public forum, or 
    nonpublic forum.''.
    Sec. 8127. Regulations to Clarify Gift Acceptance Policy for 
Service Members and Their Families. (a) Regulations.--The Secretary of 
Defense shall prescribe regulations to provide that, subject to such 
limitations as may be specified in such regulations, members of the 
Armed Forces described in subsection (c), and the family members of 
such a member, may accept gifts from non-profit organizations, private 
parties, and other sources outside the Department of Defense, other 
than foreign governments and their agents. Such regulations shall apply 
uniformly to the Army, Navy, Air Force, and Marine Corps, and, to the 
maximum extent feasible, to the Coast Guard, and shall apply uniformly 
to the active and reserve components.
    (b) Authority.--A member of the Armed Forces described in 
subsection (c) may accept gifts as provided in the regulations 
authorized in subsection (a), notwithstanding section 7353 of title 5, 
United States Code.
    (c) Covered Members.--A member of the Armed Forces is described in 
this subsection in the case of a member who is on active duty and who 
on or after September 11, 2001, and while on active duty, incurred an 
injury or illness--
        (1) as described in section 1413a(e)(2) of title 10, United 
    States Code; or
        (2) in an operation or area designated as a combat operation or 
    a combat zone, respectively, by the Secretary of Defense in 
    accordance with the regulations prescribed under subsection (a).
    (d) Deadline for Regulations.--Regulations under subsection (a) 
shall be prescribed not later than 90 days after the date of the 
enactment of this Act.
    (e) Retroactive Applicability of Regulations.--Regulations under 
subsection (a) shall, to the extent provided in such regulations, also 
apply to the acceptance of gifts during the period beginning on 
September 11, 2001, and ending on the date on which such regulations go 
into effect.
    Sec. 8128. Section 106(g) of the Alaska Natural Gas Pipeline Act 
(15 U.S.C. 720d) is amended be striking ``later'' and inserting 
``earlier''.
    Sec. 8129. The present incumbent Attending Physician at the U.S. 
Capitol shall be continued on active duty until ten years after the 
enactment of this Act.

                                TITLE IX

                       ADDITIONAL APPROPRIATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$4,713,245,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$144,000,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$455,000,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$508,000,000.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$138,755,000.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$10,000,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$234,400,000.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $3,200,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$21,348,886,000.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$1,810,500,000.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,833,126,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $2,483,900,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $805,000,000, of which up to $195,000,000, 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, or to be 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'', $48,200,000.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $6,400,000.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $27,950,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $5,000,000.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $183,000,000.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $7,200,000.

                           Iraq Freedom Fund


                      (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Iraq Freedom Fund'', $4,658,686,000, 
to remain available for transfer until September 30, 2007, only to 
support operations in Iraq or Afghanistan and classified activities: 
Provided, That the Secretary of Defense may transfer the funds provided 
herein to appropriations for military personnel; operation and 
maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; and working 
capital funds: Provided further, That of the amounts provided under 
this heading, $3,048,686,000 shall only be for classified programs, 
described in further detail in the classified annex accompanying this 
Act: Provided further, That up to $100,000,000 shall be available for 
the Department of Homeland Security, ``United States Coast Guard, 
Operating Expenses'': Provided further, That not less than 
$1,360,000,000 shall be available for the Joint IED Defeat Task Force: 
Provided further, That funds transferred shall be merged with and be 
available for the same purposes and for the same time period as the 
appropriation or fund to which transferred: Provided further, That this 
transfer authority 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: Provided 
further, That the Secretary of Defense shall, not fewer than 5 days 
prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, That the Secretary shall submit a report no 
later than 30 days after the end of each fiscal quarter to the 
congressional defense committees summarizing the details of the 
transfer of funds from this appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$232,100,000, to remain available until September 30, 2008.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$55,000,000, to remain available until September 30, 2008.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $860,190,000, to remain available until 
September 30, 2008.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$273,000,000, to remain available until September 30, 2008.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$3,174,900,000, to remain available until September 30, 2008.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$138,837,000, to remain available until September 30, 2008.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$116,900,000, to remain available until September 30, 2008.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $38,885,000, to remain available until September 30, 
2008.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$49,100,000, to remain available until September 30, 2008.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$1,710,145,000, to remain available until September 30, 2008.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$115,300,000, to remain available until September 30, 2008.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$17,000,000, to remain available until September 30, 2008.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$17,500,000, to remain available until September 30, 2008.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$182,075,000, to remain available until September 30, 2008.

                  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, 
2008.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $13,100,000, to remain available until September, 
30, 2007.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $12,500,000, to remain available until 
September, 30, 2007.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $25,000,000, to remain available until 
September 30, 2007.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$2,516,400,000.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $27,620,000.

                           GENERAL PROVISIONS

    Sec. 9001. Appropriations provided in this title are available for 
obligation until September 30, 2006, unless otherwise so provided in 
this title.
    Sec. 9002. Notwithstanding any other provision of law or of this 
Act, funds made available in this title are in addition to amounts 
provided elsewhere in this Act.


                           (TRANSFER OF FUNDS)

    Sec. 9003. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $2,500,000,000 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 this Act.
    Sec. 9004. Funds appropriated in this title, or made available by 
the transfer of funds in or pursuant to this title, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
    Sec. 9005. None of the funds provided in this title may be used to 
finance programs or activities denied by Congress in fiscal years 2005 
or 2006 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. 9006. Notwithstanding any other provision of law, of the funds 
made available in this title to the Department of Defense for operation 
and maintenance, not to exceed $500,000,000 may be used by the 
Secretary of Defense, with the concurrence of the Secretary of State, 
to train, equip and provide related assistance only to military or 
security forces of Iraq and Afghanistan to enhance their capability to 
combat terrorism and to support United States military operations in 
Iraq and Afghanistan: Provided, That such assistance may include the 
provision of equipment, supplies, services, training, and funding: 
Provided further, That the authority to provide assistance under this 
section is in addition to any other authority to provide assistance to 
foreign nations: Provided further, That the Secretary of Defense shall 
notify the congressional defense committees, the Committee on 
International Relations of the House of Representatives, and the 
Committee on Foreign Relations of the Senate not less than 15 days 
before providing assistance under the authority of this section.
    Sec. 9007. (a) From funds made available in this title to the 
Department of Defense, not to exceed $500,000,000 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 to respond to urgent humanitarian relief and 
reconstruction requirements within their areas of responsibility by 
carrying out programs that will immediately assist the Iraqi people, 
and to fund a similar program to assist the people of Afghanistan.
    (b) Quarterly Reports.--Not later than 15 days after the end of 
each fiscal year quarter (beginning with the first quarter of fiscal 
year 2006), 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. 9008. Amounts provided in this title for operations in Iraq 
and Afghanistan may be used by the Department of Defense for the 
purchase of up to 20 heavy and light armored vehicles for force 
protection purposes, notwithstanding price or other limitations 
specified elsewhere in this Act, or any other provision of law: 
Provided, That the Secretary of Defense shall submit a report in 
writing no later than 30 days after the end of each fiscal quarter 
notifying the congressional defense committees of any purchase 
described in this section, including the cost, purposes, and quantities 
of vehicles purchased.
    Sec. 9009. During the current fiscal year, funds available to the 
Department of Defense for operation and maintenance may be used, 
notwithstanding any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military and 
stability operations in Iraq and Afghanistan: Provided, That the 
Secretary of Defense shall provide quarterly reports to the 
congressional defense committees regarding support provided under this 
section.
    Sec. 9010. (a) Not later than 60 days after the date of the 
enactment of this Act and every 90 days thereafter through the end of 
fiscal year 2006, the Secretary of Defense shall set forth in a report 
to Congress a comprehensive set of performance indicators and measures 
for progress toward military and political stability in Iraq.
    (b) The report shall include performance standards and goals for 
security, economic, and security force training objectives in Iraq 
together with a notional timetable for achieving these goals.
    (c) In specific, the report requires, at a minimum, the following:
        (1) With respect to stability and security in Iraq, the 
    following:
            (A) Key measures of political stability, including the 
        important political milestones that must be achieved over the 
        next several years.
            (B) The primary indicators of a stable security environment 
        in Iraq, such as number of engagements per day, numbers of 
        trained Iraqi forces, and trends relating to numbers and types 
        of ethnic and religious-based hostile encounters.
            (C) An assessment of the estimated strength of the 
        insurgency in Iraq and the extent to which it is composed of 
        non-Iraqi fighters.
            (D) A description of all militias operating in Iraq, 
        including the number, size, equipment strength, military 
        effectiveness, sources of support, legal status, and efforts to 
        disarm or reintegrate each militia.
            (E) Key indicators of economic activity that should be 
        considered the most important for determining the prospects of 
        stability in Iraq, including--
                (i) unemployment levels;
                (ii) electricity, water, and oil production rates; and
                (iii) hunger and poverty levels.
            (F) The criteria the Administration will use to determine 
        when it is safe to begin withdrawing United States forces from 
        Iraq.
        (2) With respect to the training and performance of security 
    forces in Iraq, the following:
            (A) The training provided Iraqi military and other Ministry 
        of Defense forces and the equipment used by such forces.
            (B) Key criteria for assessing the capabilities and 
        readiness of the Iraqi military and other Ministry of Defense 
        forces, goals for achieving certain capability and readiness 
        levels (as well as for recruiting, training, and equipping 
        these forces), and the milestones and notional timetable for 
        achieving these goals.
            (C) The operational readiness status of the Iraqi military 
        forces, including the type, number, size, and organizational 
        structure of Iraqi battalions that are--
                (i) capable of conducting counterinsurgency operations 
            independently;
                (ii) capable of conducting counterinsurgency operations 
            with the support of United States or coalition forces; or
                (iii) not ready to conduct counterinsurgency 
            operations.
            (D) The rates of absenteeism in the Iraqi military forces 
        and the extent to which insurgents have infiltrated such 
        forces.
            (E) The training provided Iraqi police and other Ministry 
        of Interior forces and the equipment used by such forces.
            (F) Key criteria for assessing the capabilities and 
        readiness of the Iraqi police and other Ministry of Interior 
        forces, goals for achieving certain capability and readiness 
        levels (as well as for recruiting, training, and equipping), 
        and the milestones and notional timetable for achieving these 
        goals, including--
                (i) the number of police recruits that have received 
            classroom training and the duration of such instruction;
                (ii) the number of veteran police officers who have 
            received classroom instruction and the duration of such 
            instruction;
                (iii) the number of police candidates screened by the 
            Iraqi Police Screening Service, the number of candidates 
            derived from other entry procedures, and the success rates 
            of those groups of candidates;
                (iv) the number of Iraqi police forces who have 
            received field training by international police trainers 
            and the duration of such instruction; and
                (v) attrition rates and measures of absenteeism and 
            infiltration by insurgents.
            (G) The estimated total number of Iraqi battalions needed 
        for the Iraqi security forces to perform duties now being 
        undertaken by coalition forces, including defending the borders 
        of Iraq and providing adequate levels of law and order 
        throughout Iraq.
            (H) The effectiveness of the Iraqi military and police 
        officer cadres and the chain of command.
            (I) The number of United States and coalition advisors 
        needed to support the Iraqi security forces and associated 
        ministries.
            (J) An assessment, in a classified annex if necessary, of 
        United States military requirements, including planned force 
        rotations, through the end of calendar year 2006.
    Sec. 9011. Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance, and executed in direct support of the Global War on 
Terrorism only in Iraq and Afghanistan, 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. 9012. Amounts appropriated or otherwise made available in this 
title are designated as making appropriations for contingency 
operations related to the global war on terrorism pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                 TITLE X--MATTERS RELATING TO DETAINEES

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Detainee Treatment Act of 2005''.

SEC. 1002. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE 
              DETENTION OF THE DEPARTMENT OF DEFENSE.

    (a) In General.--No person in the custody or under the effective 
control of the Department of Defense or under detention in a Department 
of Defense facility shall be subject to any treatment or technique of 
interrogation not authorized by and listed in the United States Army 
Field Manual on Intelligence Interrogation.
    (b) Applicability.--Subsection (a) shall not apply with respect to 
any person in the custody or under the effective control of the 
Department of Defense pursuant to a criminal law or immigration law of 
the United States.
    (c) Construction.--Nothing in this section shall be construed to 
affect the rights under the United States Constitution of any person in 
the custody or under the physical jurisdiction of the United States.

SEC. 1003. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR 
              PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE 
              UNITED STATES GOVERNMENT.

    (a) In General.--No individual in the custody or under the physical 
control of the United States Government, regardless of nationality or 
physical location, shall be subject to cruel, inhuman, or degrading 
treatment or punishment.
    (b) Construction.--Nothing in this section shall be construed to 
impose any geographical limitation on the applicability of the 
prohibition against cruel, inhuman, or degrading treatment or 
punishment under this section.
    (c) Limitation on Supersedure.--The provisions of this section 
shall not be superseded, except by a provision of law enacted after the 
date of the enactment of this Act which specifically repeals, modifies, 
or supersedes the provisions of this section.
    (d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined.--
In this section, the term ``cruel, inhuman, or degrading treatment or 
punishment'' means the cruel, unusual, and inhumane treatment or 
punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments 
to the Constitution of the United States, as defined in the United 
States Reservations, Declarations and Understandings to the United 
Nations Convention Against Torture and Other Forms of Cruel, Inhuman or 
Degrading Treatment or Punishment done at New York, December 10, 1984.

SEC. 1004. PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL ENGAGED IN 
              AUTHORIZED INTERROGATIONS.

    (a) Protection of United States Government Personnel.--In any civil 
action or criminal prosecution against an officer, employee, member of 
the Armed Forces, or other agent of the United States Government who is 
a United States person, arising out of the officer, employee, member of 
the Armed Forces, or other agent's engaging in specific operational 
practices, that involve detention and interrogation of aliens who the 
President or his designees have determined are believed to be engaged 
in or associated with international terrorist activity that poses a 
serious, continuing threat to the United States, its interests, or its 
allies, and that were officially authorized and determined to be lawful 
at the time that they were conducted, it shall be a defense that such 
officer, employee, member of the Armed Forces, or other agent did not 
know that the practices were unlawful and a person of ordinary sense 
and understanding would not know the practices were unlawful. Good 
faith reliance on advice of counsel should be an important factor, 
among others, to consider in assessing whether a person of ordinary 
sense and understanding would have known the practices to be unlawful. 
Nothing in this section shall be construed to limit or extinguish any 
defense or protection otherwise available to any person or entity from 
suit, civil or criminal liability, or damages, or to provide immunity 
from prosecution for any criminal offense by the proper authorities.
    (b) Counsel.--The United States Government may provide or employ 
counsel, and pay counsel fees, court costs, bail, and other expenses 
incident to the representation of an officer, employee, member of the 
Armed Forces, or other agent described in subsection (a), with respect 
to any civil action or criminal prosecution arising out of practices 
described in that subsection, under the same conditions, and to the 
same extent, to which such services and payments are authorized under 
section 1037 of title 10, United States Code.

SEC. 1005. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE THE UNITED 
              STATES.

    (a) Submittal of Procedures for Status Review of Detainees at 
Guantanamo Bay, Cuba, and in Afghanistan and Iraq.--
        (1) In general.--Not later than 180 days after the date of the 
    enactment of this Act, the Secretary of Defense shall submit to the 
    Committee on Armed Services and the Committee on the Judiciary of 
    the Senate and the Committee on Armed Services and the Committee on 
    the Judiciary of the House of Representatives a report setting 
    forth--
            (A) the procedures of the Combatant Status Review Tribunals 
        and the Administrative Review Boards established by direction 
        of the Secretary of Defense that are in operation at Guantanamo 
        Bay, Cuba, for determining the status of the detainees held at 
        Guantanamo Bay or to provide an annual review to determine the 
        need to continue to detain an alien who is a detainee; and
            (B) the procedures in operation in Afghanistan and Iraq for 
        a determination of the status of aliens detained in the custody 
        or under the physical control of the Department of Defense in 
        those countries.
        (2) Designated civilian official.--The procedures submitted to 
    Congress pursuant to paragraph (1)(A) shall ensure that the 
    official of the Department of Defense who is designated by the 
    President or Secretary of Defense to be the final review authority 
    within the Department of Defense with respect to decisions of any 
    such tribunal or board (referred to as the ``Designated Civilian 
    Official'') shall be a civilian officer of the Department of 
    Defense holding an office to which appointments are required by law 
    to be made by the President, by and with the advice and consent of 
    the Senate.
        (3) Consideration of new evidence.--The procedures submitted 
    under paragraph (1)(A) shall provide for periodic review of any new 
    evidence that may become available relating to the enemy combatant 
    status of a detainee.
    (b) Consideration of Statements Derived With Coercion.--
        (1) Assessment.--The procedures submitted to Congress pursuant 
    to subsection (a)(1)(A) shall ensure that a Combatant Status Review 
    Tribunal or Administrative Review Board, or any similar or 
    successor administrative tribunal or board, in making a 
    determination of status or disposition of any detainee under such 
    procedures, shall, to the extent practicable, assess--
            (A) whether any statement derived from or relating to such 
        detainee was obtained as a result of coercion; and
            (B) the probative value (if any) of any such statement.
        (2) Applicability.--Paragraph (1) applies with respect to any 
    proceeding beginning on or after the date of the enactment of this 
    Act.
    (c) Report on Modification of Procedures.--The Secretary of Defense 
shall submit to the committees specified in subsection (a)(1) a report 
on any modification of the procedures submitted under subsection (a). 
Any such report shall be submitted not later than 60 days before the 
date on which such modification goes into effect.
    (d) Annual Report.--
        (1) Report required.--The Secretary of Defense shall submit to 
    Congress an annual report on the annual review process for aliens 
    in the custody of the Department of Defense outside the United 
    States. Each such report shall be submitted in unclassified form, 
    with a classified annex, if necessary. The report shall be 
    submitted not later than December 31 each year.
        (2) Elements of report.--Each such report shall include the 
    following with respect to the year covered by the report:
            (A) The number of detainees whose status was reviewed.
            (B) The procedures used at each location.
    (e) Judicial Review of Detention of Enemy Combatants.--
        (1) In general.--Section 2241 of title 28, United States Code, 
    is amended by adding at the end the following:
    ``(e) Except as provided in section 1005 of the Detainee Treatment 
Act of 2005, no court, justice, or judge shall have jurisdiction to 
hear or consider--
        ``(1) an application for a writ of habeas corpus filed by or on 
    behalf of an alien detained by the Department of Defense at 
    Guantanamo Bay, Cuba; or
        ``(2) any other action against the United States or its agents 
    relating to any aspect of the detention by the Department of 
    Defense of an alien at Guantanamo Bay, Cuba, who--
            ``(A) is currently in military custody; or
            ``(B) has been determined by the United States Court of 
        Appeals for the District of Columbia Circuit in accordance with 
        the procedures set forth in section 1005(e) of the Detainee 
        Treatment Act of 2005 to have been properly detained as an 
        enemy combatant.''.
        (2) Review of decisions of combatant status review tribunals of 
    propriety of detention.--
            (A) In general.--Subject to subparagraphs (B), (C), and 
        (D), the United States Court of Appeals for the District of 
        Columbia Circuit shall have exclusive jurisdiction to determine 
        the validity of any final decision of a Combatant Status Review 
        Tribunal that an alien is properly detained as an enemy 
        combatant.
            (B) Limitation on claims.--The jurisdiction of the United 
        States Court of Appeals for the District of Columbia Circuit 
        under this paragraph shall be limited to claims brought by or 
        on behalf of an alien--
                (i) who is, at the time a request for review by such 
            court is filed, detained by the Department of Defense at 
            Guantanamo Bay, Cuba; and
                (ii) for whom a Combatant Status Review Tribunal has 
            been conducted, pursuant to applicable procedures specified 
            by the Secretary of Defense.
            (C) Scope of review.--The jurisdiction of the United States 
        Court of Appeals for the District of Columbia Circuit on any 
        claims with respect to an alien under this paragraph shall be 
        limited to the consideration of--
                (i) whether the status determination of the Combatant 
            Status Review Tribunal with regard to such alien was 
            consistent with the standards and procedures specified by 
            the Secretary of Defense for Combatant Status Review 
            Tribunals (including the requirement that the conclusion of 
            the Tribunal be supported by a preponderance of the 
            evidence and allowing a rebuttable presumption in favor of 
            the Government's evidence); and
                (ii) to the extent the Constitution and laws of the 
            United States are applicable, whether the use of such 
            standards and procedures to make the determination is 
            consistent with the Constitution and laws of the United 
            States.
            (D) Termination on release from custody.--The jurisdiction 
        of the United States Court of Appeals for the District of 
        Columbia Circuit with respect to the claims of an alien under 
        this paragraph shall cease upon the release of such alien from 
        the custody of the Department of Defense.
        (3) Review of final decisions of military commissions.--
            (A) In general.--Subject to subparagraphs (B), (C), and 
        (D), the United States Court of Appeals for the District of 
        Columbia Circuit shall have exclusive jurisdiction to determine 
        the validity of any final decision rendered pursuant to 
        Military Commission Order No. 1, dated August 31, 2005 (or any 
        successor military order).
            (B) Grant of review.--Review under this paragraph--
                (i) with respect to a capital case or a case in which 
            the alien was sentenced to a term of imprisonment of 10 
            years or more, shall be as of right; or
                (ii) with respect to any other case, shall be at the 
            discretion of the United States Court of Appeals for the 
            District of Columbia Circuit.
            (C) Limitation on appeals.--The jurisdiction of the United 
        States Court of Appeals for the District of Columbia Circuit 
        under this paragraph shall be limited to an appeal brought by 
        or on behalf of an alien--
                (i) who was, at the time of the proceedings pursuant to 
            the military order referred to in subparagraph (A), 
            detained by the Department of Defense at Guantanamo Bay, 
            Cuba; and
                (ii) for whom a final decision has been rendered 
            pursuant to such military order.
            (D) Scope of review.--The jurisdiction of the United States 
        Court of Appeals for the District of Columbia Circuit on an 
        appeal of a final decision with respect to an alien under this 
        paragraph shall be limited to the consideration of--
                (i) whether the final decision was consistent with the 
            standards and procedures specified in the military order 
            referred to in subparagraph (A); and
                (ii) to the extent the Constitution and laws of the 
            United States are applicable, whether the use of such 
            standards and procedures to reach the final decision is 
            consistent with the Constitution and laws of the United 
            States.
        (4) Respondent.--The Secretary of Defense shall be the named 
    respondent in any appeal to the United States Court of Appeals for 
    the District of Columbia Circuit under this subsection.
    (f) Construction.--Nothing in this section shall be construed to 
confer any constitutional right on an alien detained as an enemy 
combatant outside the United States.
    (g) United States Defined.--For purposes of this section, the term 
``United States'', when used in a geographic sense, is as defined in 
section 101(a)(38) of the Immigration and Nationality Act and, in 
particular, does not include the United States Naval Station, 
Guantanamo Bay, Cuba.
    (h) Effective Date.--
        (1) In general.--This section shall take effect on the date of 
    the enactment of this Act.
        (2) Review of combatant status tribunal and military commission 
    decisions.--Paragraphs (2) and (3) of subsection (e) shall apply 
    with respect to any claim whose review is governed by one of such 
    paragraphs and that is pending on or after the date of the 
    enactment of this Act.

SEC. 1006. TRAINING OF IRAQI FORCES REGARDING TREATMENT OF DETAINEES.

    (a) Required Policies.--
        (1) In general.--The Secretary of Defense shall ensure that 
    policies are prescribed regarding procedures for military and 
    civilian personnel of the Department of Defense and contractor 
    personnel of the Department of Defense in Iraq that are intended to 
    ensure that members of the Armed Forces, and all persons acting on 
    behalf of the Armed Forces or within facilities of the Armed 
    Forces, ensure that all personnel of Iraqi military forces who are 
    trained by Department of Defense personnel and contractor personnel 
    of the Department of Defense receive training regarding the 
    international obligations and laws applicable to the humane 
    detention of detainees, including protections afforded under the 
    Geneva Conventions and the Convention Against Torture.
        (2) Acknowledgment of training.--The Secretary shall ensure 
    that, for all personnel of the Iraqi Security Forces who are 
    provided training referred to in paragraph (1), there is documented 
    acknowledgment of such training having been provided.
        (3) Deadline for policies to be prescribed.--The policies 
    required by paragraph (1) shall be prescribed not later than 180 
    days after the date of the enactment of this Act.
    (b) Army Field Manual.--
        (1) Translation.--The Secretary of Defense shall provide for 
    the United States Army Field Manual on Intelligence Interrogation 
    to be translated into arabic and any other language the Secretary 
    determines appropriate for use by members of the Iraqi military 
    forces.
        (2) Distribution.--The Secretary of Defense shall provide for 
    such manual, as translated, to be provided to each unit of the 
    Iraqi military forces trained by Department of Defense personnel or 
    contractor personnel of the Department of Defense.
    (c) Transmittal of Regulations.--Not less than 30 days after the 
date on which regulations, policies, and orders are first prescribed 
under subsection (a), the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives copies of such regulations, 
policies, or orders, together with a report on steps taken to the date 
of the report to implement this section.
    (d) Annual Report.--Not less than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Defense shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives a 
report on the implementation of this section.
    This division may be cited as the ``Department of Defense 
Appropriations Act, 2006''.

                               DIVISION B

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF 
                 OF MEXICO AND PANDEMIC INFLUENZA, 2006

    That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to address hurricanes in the Gulf 
of Mexico and pandemic influenza for the fiscal year ending September 
30, 2006, and for other purposes, namely:

                                TITLE I

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF 
                               OF MEXICO

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Executive Operations


                           Working Capital Fund

    For necessary expenses of ``Working Capital Fund'' related to the 
consequences of Hurricane Katrina, $35,000,000, to remain available 
until expended: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                     Agricultural Research Service


                         Buildings and Facilities

    For an additional amount for ``Buildings and Facilities'', 
$9,200,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of Hurricane Katrina: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                       Rural Development Programs


                   Rural Community Advancement Program

    For the cost of grants for the water, waste disposal, and 
wastewater facilities programs authorized under section 306(a) and 306A 
of the Consolidated Farm and Rural Development Act, $45,000,000: 
Provided, That funds made available under this paragraph shall remain 
available until expended to respond to damage caused by hurricanes that 
occurred during the 2005 calendar year: Provided further, That the 
amounts provided under this heading are designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                         Rural Housing Service


               RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949 to 
respond to damage caused by hurricanes that occurred during the 2005 
calendar year to be available from the Rural Housing Insurance Fund, as 
follows: $1,468,696,000 for loans to section 502 borrowers, as 
determined by the Secretary, of which $175,593,000 shall be for direct 
loans and of which $1,293,103,000 shall be for unsubsidized guaranteed 
loans; and $34,188,000 for section 504 housing repair loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows, to remain available until expended: section 
502 loans, $35,000,000, of which $20,000,000 shall be for direct loans, 
and of which $15,000,000 shall be for unsubsidized guaranteed loans; 
and section 504 housing repair loans, $10,000,000: Provided, That the 
amounts provided under this heading are designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.


                     RURAL HOUSING ASSISTANCE GRANTS

    For an additional amount for grants for very low-income housing 
repairs as authorized by 42 U.S.C. 1474 to respond to damage caused by 
hurricanes that occurred during the 2005 calendar year, $20,000,000, to 
remain available until expended: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006: Provided further, That 
these funds are not subject to any age limitation.

                        Rural Utilities Service


    RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT

    For gross obligations for the principal amount of direct rural 
telecommunication loans as authorized by section 306 of the Rural 
Electrification Act of 1936 to respond to damage caused by hurricanes 
that occurred during the 2005 calendar year, $50,000,000, as determined 
by the Secretary.
    For the cost of loan modifications to rural electric loans made or 
guaranteed under the Rural Electrification Act of 1936 to respond to 
damage caused by hurricanes that occurred during the 2005 calendar 
year, $8,000,000, to remain available until expended: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                       Food and Nutrition Service


                       Commodity Assistance Program

    For an additional amount for ``Commodity Assistance Program'' for 
necessary expenses related to the consequences of Hurricane Katrina, 
$10,000,000, to remain available until expended, of which $6,000,000 
shall be for The Emergency Food Assistance Program and $4,000,000 shall 
be for the Commodity Supplemental Food Program: Provided, That 
notwithstanding any other provisions of the Emergency Food Assistance 
Act of 1983 (the ``Act''), the Secretary may allocate additional foods 
and funds for administrative expenses from resources specifically 
appropriated, transferred, or reprogrammed to restore to states 
resources used to assist families and individuals displaced by the 
hurricanes of calendar year 2005 among the states without regard to 
sections 204 and 214 of the Act: Provided further, That such programs 
may operate in any area where emergency feeding organizations develop a 
program to provide temporary emergency nonprofit food service to 
families and individuals displaced by the hurricanes of calendar year 
2005: Provided further, That the amounts provided under this heading 
are designated as an emergency requirement pursuant to section 402 of 
H. Con. Res. 95 (109th Congress), the concurrent resolution on the 
budget for fiscal year 2006.

                    General Provisions--This Chapter

    Sec. 101. Emergency Conservation Program. (a) In General.--There is 
hereby appropriated $199,800,000, to remain available until expended, 
to provide assistance under the emergency conservation program 
established under title IV of the Agricultural Credit Act of 1978 (16 
U.S.C. 2201 et seq.) for expenses resulting from hurricanes that 
occurred during the 2005 calendar year.
    (b) Assistance to Nursery, Oyster, and Poultry Producers.--In 
carrying out this section, the Secretary shall make payments to 
nursery, oyster, and poultry producers to pay for up to 90 percent of 
the cost of emergency measures to rehabilitate public and private 
oyster reefs or farmland damaged by hurricanes that occurred during the 
2005 calendar year, including the cost of--
        (1) cleaning up structures, such as barns and poultry houses;
        (2) providing water to livestock;
        (3) in the case of nursery producers, removing debris, such as 
    nursery structures, shade-houses, and above-ground irrigation 
    facilities;
        (4) in the case of oyster producers, refurbishing oyster beds; 
    and
        (5) in the case of poultry producers, removing poultry house 
    debris, including carcasses.
    (c) Poultry Recovery Assistance.--
        (1) In general.--The Secretary shall not use more than 
    $20,000,000 of the funds made available under this section to 
    provide assistance to poultry growers who suffered uninsured losses 
    to poultry houses in counties affected by hurricanes that occurred 
    during the 2005 calendar year.
        (2) Limitations.--The amount of assistance provided to a 
    poultry grower under this subsection may not exceed the lesser of--
            (A) 50 percent of the total costs associated with the 
        reconstruction or repair of a poultry house; or
            (B) $50,000 for each poultry house.
        (3) Limit on amount of assistance.--The total amount of 
    assistance provided under this subsection, and any indemnities for 
    losses to a poultry house paid to a poultry grower, may not exceed 
    90 percent of the total costs associated with the reconstruction or 
    repair of a poultry house.
    (d) Assistance to Private Nonindustrial Forest Landowners.--
        (1) Eligibility.--To be eligible to receive a payment under 
    this section, a private nonindustrial forest landowner shall (as 
    determined by the Secretary)--
            (A) have suffered a loss of, or damage to, at least 35 
        percent of forest acres on commercial forest land of the forest 
        landowner in a county affected by hurricanes that occurred 
        during the 2005 calendar year, or a related condition; and
            (B) during the 5-year period beginning on the date of the 
        loss--
                (i) reforest the lost forest acres, in accordance with 
            a plan approved by the Secretary that is appropriate for 
            the forest type;
                (ii) use best management practices on the forest land 
            of the landowner, in accordance with the best management 
            practices of the Secretary for the applicable State; and
                (iii) exercise good stewardship on the forest land of 
            the landowner, while maintaining the land in a forested 
            state.
        (2) Program.--The Secretary shall make payments under this 
    subsection to private nonindustrial forest landowners to pay for up 
    to 75 percent of the cost of reforestation, rehabilitation, and 
    related measures, except that the amount of assistance provided 
    under this subsection shall not exceed $150 per acre.
    (e) Eligibility.--Failure to comply with subtitle C of title XII of 
the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) shall not 
prevent an agricultural producer from receiving assistance under this 
section.
    (f) Emergency Designation.--The amount provided under this section 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.
    Sec. 102. Emergency Watershed Protection Program. (a) In General.--
There is hereby appropriated $300,000,000, to remain available until 
expended, to provide assistance under the emergency watershed 
protection program established under section 403 of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2203) to repair damages resulting from 
hurricanes that occurred during the 2005 calendar year.
    (b) Assistance.--In carrying out this section, the Secretary shall 
make payments to landowners and land users to pay for up to 75 percent 
of the cost resulting from damage caused by hurricanes that occurred 
during the 2005 calendar year, or a related condition, including the 
cost of--
        (1) cleaning up structures on private land; and
        (2) reimbursing private nonindustrial forest landowners for 
    costs associated with downed timber removal, except that the amount 
    of assistance provided under this paragraph shall not exceed $150 
    per acre.
    (c) Notwithstanding any other provision of law, the Secretary, 
acting through the Natural Resources Conservation Service, using funds 
made available under this section may provide financial and technical 
assistance to remove and dispose of debris and animal carcasses that 
could adversely affect health and safety on non-Federal land in a 
hurricane-affected county.
    (d) Emergency Designation.--The amount provided under this section 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.
    Sec. 103. Notwithstanding any other provision of law, funds 
appropriated under this Act to the Secretary of Agriculture may be used 
to reimburse accounts of the Secretary that have been used to pay costs 
incurred to respond to damage caused by hurricanes that occurred during 
the 2005 calendar year if those costs could have been paid with such 
appropriated funds if such costs had arisen after the date of enactment 
of this Act.
    Sec. 104. Funds provided for hurricanes that occurred during the 
2005 calendar year under the headings, ``Rural Housing Insurance Fund'' 
and ``Rural Housing Assistance Grants'', may be transferred between 
such accounts at the Secretary's discretion.
    Sec. 105. (a) Notwithstanding any other provision of this title, 
with respect to the counties affected by hurricanes in the 2005 
calendar year and for any individuals who resided in such counties at 
the time of the disaster the Secretary of Agriculture may, for a 6-
month period that begins upon the date of the enactment of this Act--
        (1) convert rental assistance under section 521 of the Housing 
    Act of 1949 (42 U.S.C. 1490a) allocated for a property that is not 
    decent, safe, and sanitary because of the disaster into rural 
    housing vouchers authorized under title V of the Housing Act of 
    1949;
        (2) guarantee loans under section 502(h) of the Housing Act of 
    1949 (42 U.S.C. 1472(h)) to--
            (A) repair and rehabilitate single-family residences; and
            (B) refinance any loan made to a single-family resident 
        used to acquire or construct the single-family residence if 
        such residence meets the requirements of subparagraphs (A), 
        (B), and (C) of section 502(h)(4) of the Housing Act of 1949 
        (42 U.S.C. 1472(h)(4));
        (3) waive the application of the rural area or similar 
    limitations under any program funded through an appropriations act 
    and administered by the Rural Development Mission Area;
        (4) issue housing vouchers under section 542 of the Housing Act 
    of 1949 (42 U.S.C. 1490r), except that--
            (A) notwithstanding the first sentence of subsection (a) of 
        section 542 of such Act, the Secretary may assist low-income 
        families and persons whose residence has become uninhabitable 
        or inaccessible as a result of a 2005 hurricane; and
            (B) subsection (b) of such section 542 of such Act shall 
        not apply;
        (5) provide loans, loan guarantees and grants from the 
    Renewable Energy System and Energy Efficiency Improvements Program 
    authorized in section 9006 of the Farm Security and Rural 
    Investment Act of 2002 (7 U.S.C. 8106) to any rural business--
            (A) with a cost share requirement not to exceed 50 percent;
            (B) without regard to any limitation of the grant amount; 
        and
            (C) which may include businesses processing unsegregated 
        solid waste and paper, as determined by the Secretary;
        (6) provide grants under the Value-added Agricultural Product 
    Market Development Grant Program and Rural Cooperative Development 
    Grant Program without regard to any grant amount limitations or 
    matching requirements; and
        (7) provide grants under the Community Facilities Grant Program 
    without regard to any graduated funding requirements, grant amount 
    limitations or matching requirements.
    (b) The funds made available under this section are designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.
    Sec. 106. Section 759 of the Agriculture, Rural Development, Food 
and Drug Administration and Related Agencies Appropriations Act, 2006 
(Public Law 109-97) is amended to read as follows:
    ``Sec. 759. None of the funds appropriated or otherwise made 
available under this or any other Act shall be used to pay the salaries 
and expenses of personnel to expend more than $12,000,000 of the funds 
initially made available for fiscal year 2006 by section 310(a)(2) of 
the Biomass Research and Development Act of 2000 (7 U.S.C. 7624 
note).''.

SEC. 107. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.

    (a) Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) 
is amended by adding at the end the following:
    ``(k) Emergency Forestry Conservation Reserve Program.--
        ``(1) Definitions.--In this subsection:
            ``(A) Merchantable timber.--The term `merchantable timber' 
        means timber on private nonindustrial forest land on which the 
        average tree has a trunk diameter of at least 6 inches measured 
        at a point no less than 4.5 feet above the ground.
            ``(B) Private nonindustrial forest land.--The term `private 
        nonindustrial forest land' includes State school trust land.
        ``(2) Program.--During calendar year 2006, the Secretary shall 
    carry out an emergency pilot program in States that the Secretary 
    determines have suffered damage to merchantable timber in counties 
    affected by hurricanes during the 2005 calendar year.
        ``(3) Eligible acreage.--
            ``(A) In general.--Subject to subparagraph (B) and the 
        availability of funds under subparagraph (G), an owner or 
        operator may enroll private nonindustrial forest land in the 
        conservation reserve under this subsection.
            ``(B) Determination of damages.--Eligibility for enrollment 
        shall be limited to owners and operators of private 
        nonindustrial forest land that have experienced a loss of 35 
        percent or more of merchantable timber in a county affected by 
        hurricanes during the 2005 calendar year.
            ``(C) Exemptions.--Acreage enrolled in the conservation 
        reserve under this subsection shall not count toward--
                ``(i) county acreage limitations described in section 
            1243(b); or
                ``(ii) the maximum enrollment described in subsection 
            (d).
            ``(D) Duties of owners and operators.--As a condition of 
        entering into a contract under this subsection, during the term 
        of the contract, the owner or operator of private nonindustrial 
        forest land shall agree--
                ``(i) to restore the land, through site preparation and 
            planting of similar species as existing prior to hurricane 
            damages or to the maximum extent practicable with other 
            native species, as determined by the Secretary; and
                ``(ii) to establish temporary vegetative cover the 
            purpose of which is to prevent soil erosion on the eligible 
            acreage, as determined by the Secretary.
            ``(E) Duties of the secretary.--
                ``(i) In general.--In return for a contract entered 
            into by an owner or operator of private nonindustrial 
            forest land under this subsection, the Secretary shall 
            provide, at the option of the landowner--

                    ``(I) notwithstanding the limitation in section 
                1234(f)(1), a lump sum payment; or
                    ``(II) annual rental payments.

                ``(ii) Calculation of lump sum payment.--The lump sum 
            payment described in clause (i)(I) shall be calculated 
            using a net present value formula, as determined by the 
            Secretary, based on the total amount a producer would 
            receive over the duration of the contract.
                ``(iii) Calculation of annual rental payments.--The 
            annual rental payment described in clause (i)(II) shall be 
            equal to the average rental rate for conservation reserve 
            contracts in the county in which the land is located.
                ``(iv) Rolling signup.--The Secretary shall offer a 
            rolling signup for contracts under this subsection.
                ``(v) Duration of contracts.--A contract entered into 
            under this subsection shall have a term of 10 years.
            ``(F) Balance of natural resources.--In determining the 
        acceptability of contract offers under this subsection, the 
        Secretary shall consider an equitable balance among the 
        purposes of soil erosion prevention, water quality improvement, 
        wildlife habitat restoration, and mitigation of economic loss.
            ``(G) Funding.--The Secretary shall use $404,100,000, to 
        remain available until expended, of funds of the Commodity 
        Credit Corporation to carry out this subsection.
            ``(H) Determinations by secretary.--A determination made by 
        the Secretary under this subsection shall be final and 
        conclusive.
            ``(I) Regulations.--
                ``(i) In general.--Not later than 90 days after the 
            date of enactment of this Act, the Secretary shall 
            promulgate such regulations as are necessary to implement 
            this subsection.
                ``(ii) Procedure.--The promulgation of regulations and 
            administration of this subsection shall be made without 
            regard to--

                    ``(I) the notice and comment provisions of section 
                553 of title 5, United States Code;
                    ``(II) the Statement of Policy of the Secretary of 
                Agriculture effective July 24, 1971 (36 Fed. Reg. 
                13804), relating to notices of proposed rulemaking and 
                public participation in rulemaking; and
                    ``(III) chapter 35 of title 44, United States Code 
                (commonly known as the `Paperwork Reduction Act').

                ``(iii) Congressional review of agency rulemaking.--In 
            carrying out this subsection, the Secretary shall use the 
            authority provided under section 808 of title 5, United 
            States Code.''.
    (b) Emergency Designation.--The amount provided under this section 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$29,830,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$57,691,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$14,193,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$105,034,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$11,100,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$33,015,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$3,028,000, to remain available until September 30, 2006, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$2,370,000, to remain available until September 30, 2006, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$220,556,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $77,718,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$156,166,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$544,690,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $7,343,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $554,252,000, to remain available until September 30, 2006, 
for necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $29,027,000, to remain available until September 30, 2006, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $16,118,000, to remain available until September 30, 2006, 
for necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $480,084,000, to remain available until September 30, 2006, 
for necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $16,331,000, to remain available until September 30, 
2006, for necessary expenses related to the consequences of hurricanes 
in the Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $2,366,000, to remain available until September 30, 2006, 
for necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $98,855,000, to remain available until September 30, 
2006, for necessary expenses related to the consequences of hurricanes 
in the Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $48,086,000, to remain available until September 30, 
2006, for necessary expenses related to the consequences of hurricanes 
in the Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                              PROCUREMENT

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $1,600,000, to remain available until 
September 30, 2008, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$1,000,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$43,390,000, to remain available until September 30, 2008, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$3,856,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $2,600,000, to remain available until September 30, 
2008, for necessary expenses related to the consequences of hurricanes 
in the Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                   Shipbuilding and Conversion, Navy

    For an additional amount for ``Shipbuilding and Conversion, Navy'', 
$1,987,000,000, to remain available until September 30, 2010, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005, which shall be available for 
transfer within this account to replace destroyed or damaged equipment, 
prepare and recover naval vessels under contract; and provide for cost 
adjustments for naval vessels for which funds have been previously 
appropriated: Provided, That this transfer authority is in addition to 
any other transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers within this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$76,675,000, to remain available until September 30, 2008, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$162,315,000, to remain available until September 30, 2008, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$12,082,000, to remain available until September 30, 2008, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                  National Guard and Reserve Equipment

    For an additional amount for ``National Guard and Reserve 
Equipment'', $19,260,000, to remain available until September 30, 2008, 
for necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $2,462,000, to remain available until September 30, 
2007, for necessary expenses related to the consequences of hurricanes 
in the Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $6,200,000, to remain available until 
September 30, 2007, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $32,720,000, to remain available until 
September 30, 2007, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$7,224,000, to remain available until expended, for necessary expenses 
related to the consequences of hurricanes in the Gulf of Mexico in 
calendar year 2005: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                              Trust Funds


        Surcharge Collections, Sales of Commissary Stores, Defense

    For an additional amount for ``Surcharge Collections, Sales of 
Commissary Stores, Defense'', $44,341,000, to remain available until 
expended, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$201,550,000, of which $172,958,000 shall be for Operation and 
Maintenance, and of which $28,592,000 shall be for Procurement, to 
remain available until September 30, 2006, for necessary expenses 
related to the consequences of hurricanes in the Gulf of Mexico in 
calendar year 2005: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                    Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$310,000, to remain available until September 30, 2006, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER


                           (transfer of funds)

    Sec. 201. Upon his determination that such action is necessary to 
ensure the appropriate allocation of funds provided in this chapter, 
the Secretary of Defense may transfer up to $500,000,000 of the funds 
made available to the Department of Defense in this chapter between 
such appropriations: Provided, That the Secretary shall notify the 
Congress promptly of each transfer made pursuant to this authority: 
Provided further, That the transfer authority provided in this section 
is in addition to any other transfer authority available to the 
Department of Defense: Provided further, That the amount made available 
by the transfer of the funds in or pursuant to this section is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.
    Sec. 202. Notwithstanding section 701(b) of title 10, United States 
Code, the Secretary of Defense may authorize a member of the Armed 
Forces on active duty who performed duties in support of disaster 
relief operations in connection with hurricanes in the Gulf of Mexico 
in calendar year 2005 and who, except for this section, would lose any 
accumulated leave in excess of 60 days at the end of fiscal year 2005 
to retain an accumulated leave total not to exceed 120 days leave. 
Except as provided in section 701(f) of title 10, United States Code, 
leave in excess of 60 days accumulated under this section is lost 
unless used by the member before October 1, 2007.
    Sec. 203. Notwithstanding 37 U.S.C. 403(b), the Secretary of 
Defense may prescribe a temporary adjustment in the geographic location 
rates of the basic allowance for housing in a military housing area 
located within an area declared a major disaster under the Robert T. 
Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) 
resulting from hurricanes in the Gulf of Mexico in calendar year 2005.
        (1) Such temporary adjustment shall be based upon the 
    Secretary's redetermination of housing costs in an affected area 
    and at a rate that shall not exceed 20 percent of the current rate 
    for an affected area.
        (2) Members in an affected military housing area must certify 
    that an increased housing cost above the current rate for an 
    affected area has been incurred in order to be eligible for the 
    temporary rate adjustment.
        (3) No temporary adjustment may be made after September 30, 
    2006. No assistance provided to individual households under this 
    heading may extend beyond January 1, 2007. Further, the Secretary 
    is authorized to reduce or eliminate any temporary adjustment 
    granted under paragraph (1) prior to such date as appropriate.
    Sec. 204. Funds appropriated by this chapter may be obligated and 
expended notwithstanding section 504(a)(1) of the National Security Act 
of 1947 (50 U.S.C. 414(a)(1)).
    Sec. 205. (a) The total amount appropriated or otherwise made 
available in this chapter is hereby reduced by $737,089,000.
    (b) The Secretary of Defense shall allocate this reduction 
proportionately to each applicable appropriation account.
    (c) The reduction in subsection (a) shall not apply to budget 
authority appropriated or otherwise made available to the Defense 
Health Program account.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                              Investigations

    For an additional amount for ``Investigations'' to expedite studies 
of flood and storm damage reduction related to the consequences of 
hurricanes in the Gulf of Mexico and Atlantic Ocean in 2005, 
$37,300,000, to remain available until expended: Provided, That using 
$10,000,000 of the funds provided, the Secretary shall conduct an 
analysis and design for comprehensive improvements or modifications to 
existing improvements in the coastal area of Mississippi in the 
interest of hurricane and storm damage reduction, prevention of 
saltwater intrusion, preservation of fish and wildlife, prevention of 
erosion, and other related water resource purposes at full Federal 
expense: Provided further, That the Secretary shall recommend a cost-
effective project, but shall not perform an incremental benefit-cost 
analysis to identify the recommended project, and shall not make 
project recommendations based upon maximizing net national economic 
development benefits: Provided further, That interim recommendations 
for near term improvements shall be provided within 6 months of 
enactment of this Act with final recommendations within 24 months of 
enactment: Provided further, That none of the $12,000,000 provided 
herein for the Louisiana Hurricane Protection Study shall be available 
for expenditure until the State of Louisiana establishes a single state 
or quasi-state entity to act as local sponsor for construction, 
operation and maintenance of all of the hurricane, storm damage 
reduction and flood control projects in the greater New Orleans and 
southeast Louisiana area: Provided further, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.


                               Construction

    For additional amounts for ``Construction'' to rehabilitate and 
repair Corps projects related to the consequences of hurricanes in the 
Gulf of Mexico and Atlantic Ocean in 2005, $101,417,000, to remain 
available until expended: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109 Congress), the concurrent resolution on the 
budget for fiscal year 2006.


  Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

    For an additional amount for ``Flood Control, Mississippi River and 
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, 
Missouri, and Tennessee'' to cover the additional costs of mat laying 
and other repairs to the Mississippi River channel and associated levee 
repairs related to the consequences of hurricanes in the Gulf of Mexico 
in 2005, $153,750,000, to remain available until expended: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.


                        Operation and Maintenance

    For an additional amount for ``Operation and Maintenance'' to 
dredge navigation channels and repair other Corps projects related to 
the consequences of hurricanes in the Gulf of Mexico and Atlantic Ocean 
in 2005, $327,517,000, to remain available until expended: Provided, 
That $75,000,000 of this amount shall be used for authorized operation 
and maintenance activities along the Mississippi River-Gulf Outlet 
channel: Provided further, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.


                  Flood Control and Coastal Emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Flood Control Act of 
August 18, 1941, as amended (33 U.S.C. 701n), for emergency response to 
and recovery from coastal storm damages and flooding related to the 
consequences of hurricanes in the Gulf of Mexico and Atlantic Ocean in 
2005, $2,277,965,000, to remain available until expended: Provided, 
That in using the funds appropriated for construction related to 
Hurricane Katrina in the areas covered by the disaster declaration made 
by the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, Public Law 93-288, 88 Stat. 143, as amended 
(42 U.S.C. 5121 et seq.), the Secretary of the Army, acting through the 
Chief of Engineers, is directed 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, at 
full Federal expense: Provided further, That $75,000,000 of this amount 
shall be used to accelerate completion of unconstructed portions of 
authorized projects in the State of Mississippi along the Mississippi 
Gulf Coast at full Federal expense: Provided further, That $544,460,000 
of this amount shall be used 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 $70,000,000 of this amount 
shall be available to prepare for flood, hurricane and other natural 
disasters and support emergency operations, repair and other activities 
in response to flood and hurricane emergencies as authorized by law: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.


                             General Expenses

    For an additional amount for ``General Expenses'' for increased 
efforts by the Mississippi Valley Division to oversee emergency 
response and recovery activities related to the consequences of 
hurricanes in the Gulf of Mexico in 2005, $1,600,000, to remain 
available until expended: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                     Customs and Border Protection


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'' to repair 
and replace critical equipment and property damaged by hurricanes and 
other natural disasters, $24,100,000: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.


                               Construction

    For an additional amount for ``Construction'' to rebuild and repair 
structures damaged by hurricanes and other natural disasters, 
$10,400,000, to remain available until expended: Provided, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                  Immigration and Customs Enforcement


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'' to repair 
and replace critical equipment and property damaged by hurricanes and 
other natural disasters, $13,000,000: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                       United States Coast Guard


                            Operating Expenses

    For an additional amount for ``Operating Expenses'' for necessary 
expenses related to the consequences of hurricanes and other natural 
disasters, $132,000,000, to remain available until expended, of which 
up to $400,000 may be transferred to ``Environmental Compliance and 
Restoration'' to be used for environmental cleanup and restoration of 
Coast Guard facilities; and of which up to $525,000 may be transferred 
to ``Research, Development, Test, and Evaluation'' to be used for 
salvage and repair of research and development equipment and 
facilities: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.


               Acquisition, Construction, and Improvements

    For an additional amount for ``Acquisition, Construction, and 
Improvements'' for necessary expenses related to the consequences of 
hurricanes and other natural disasters, $74,500,000, to remain 
available until expended, for major repair and reconstruction projects 
and for vessels currently under construction: Provided, That such 
amounts shall also be available for expenses to replace destroyed or 
damaged equipment; prepare and recover United States Coast Guard 
vessels under contract; reimburse for delay, loss of efficiency and 
disruption, and other related costs; make equitable adjustments and 
provisional payments to contracts for Coast Guard vessels for which 
funds have been previously appropriated: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                      United States Secret Service


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'' for 
equipment, vehicle replacement, and personnel relocation due to the 
consequences of hurricanes and other natural disasters, $3,600,000: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                    Office for Domestic Preparedness


                         State and Local Programs

    For an additional amount for ``State and Local Programs'' for 
equipment replacement related to hurricanes and other natural 
disasters, $10,300,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                  Federal Emergency Management Agency


                  Administrative and Regional Operations

    For an additional amount for ``Administrative and Regional 
Operations'' for necessary expenses related to hurricanes and other 
natural disasters, $17,200,000, to remain available until expended: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.


                             Disaster Relief

                           (transfer of funds)

    In addition, of the amounts appropriated under this heading in 
Public Law 109-62, $1,500,000 shall be transferred to the ``Disaster 
Assistance Direct Loan Program Account'' for administrative expenses to 
carry out the direct loan program, as authorized by section 417 of the 
Stafford Act: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                    General Provision--This Chapter

    Sec. 401. Notwithstanding 10 U.S.C. 701(b), the Secretary of the 
Department of Homeland Security may authorize a member on active duty 
who performed duties in support of Hurricanes Katrina or Rita disaster 
relief operations and who, except for this section, would lose any 
accumulated leave in excess of 60 days at the end of fiscal year 2005, 
to retain an accumulated leave total not to exceed 120 days leave. 
Leave in excess of 60 days accumulated under this section is lost 
unless it is used by the member before October 1, 2007.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                               Construction

    For an additional amount for ``Construction'' for response, 
cleanup, recovery, repair and reconstruction expenses related to 
hurricanes in the Gulf of Mexico in calendar year 2005, $30,000,000, to 
remain available until expended: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                         National Park Service


                               Construction

    For an additional amount for ``Construction'' for response, 
cleanup, recovery, repair and reconstruction expenses related to 
hurricanes in the Gulf of Mexico in calendar year 2005, $19,000,000, to 
remain available until expended: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                    United States Geological Survey


                  Surveys, Investigations, and Research

    For an additional amount for ``Surveys, Investigations, and 
Research'', for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005 and for 
repayment of advances to other appropriation accounts from which funds 
were transferred for such purposes, $5,300,000, to remain available 
until expended: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                      Minerals Management Service


                 Royalty and Offshore Minerals Management

    For an additional amount for ``Royalty and Offshore Minerals 
Management'', for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005 and for 
repayment of advances to other appropriation accounts from which funds 
were transferred for such purposes, $16,000,000, to remain available 
until expended: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                    ENVIRONMENTAL PROTECTION AGENCY

                Leaking Underground Storage Tank Program

    For an additional amount for ``Leaking Underground Storage Tank 
Program'', not to exceed $85,000 per project, $8,000,000, to remain 
available until expended, for necessary expenses related to the 
consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        state and private forestry

    For an additional amount for ``State and Private Forestry'', 
$30,000,000, to remain available until expended, for necessary expenses 
related to the consequences of hurricanes in the Gulf of Mexico in 
calendar year 2005: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.


                          NATIONAL FOREST SYSTEM

    For an additional amount for ``National Forest System'', 
$20,000,000, to remain available until expended, for necessary 
expenses, including hazardous fuels reduction, related to the 
consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.


                   Capital Improvement and Maintenance

    For an additional amount for ``Capital Improvement and 
Maintenance'', $7,000,000, to remain available until expended, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 6

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                     Training and Employment Services

    For an additional amount for ``Training and Employment Services'' 
to award national emergency grants under section 173 of the Workforce 
Investment Act of 1998 related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005, $125,000,000, to remain available 
until June 30, 2006: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006: Provided further, That these sums may 
be used to replace grant funds previously obligated to the impacted 
areas.


      State Unemployment Insurance and Employment Service Operations

    Funds provided under this heading in Public Law 108-447 which have 
been allocated to the States of Alabama, Louisiana, and Mississippi for 
activities authorized by title III of the Social Security Act, as 
amended, shall remain available for obligation by such States through 
September 30, 2006, except that funds used for automation by such 
States shall remain available through September 30, 2008.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families


                       Social Services Block Grant

    For an additional amount for ``Social Services Block Grant'', 
$550,000,000, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005, notwithstanding 
section 2003 and paragraphs (1) and (4) of section 2005(a) of the 
Social Security Act (42 U.S.C. 1397b and 1397d(a)): Provided, That in 
addition to other uses permitted by title XX of the Social Security 
Act, funds appropriated under this heading may be used for health 
services (including mental health services) and for repair, renovation 
and construction of health facilities (including mental health 
facilities): Provided further, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.


                 Children and Families Services Programs

    For an additional amount for ``Children and Families Services 
Programs'', $90,000,000, for Head Start to serve children displaced by 
hurricanes in the Gulf of Mexico in calendar year 2005, notwithstanding 
sections 640(a)(1) and 640(g)(1) of the Head Start Act, and to cover 
the costs of renovating those Head Start facilities which were affected 
by these hurricanes, to the extent reimbursements from FEMA and 
insurance companies do not fully cover such costs: Provided, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                        DEPARTMENT OF EDUCATION

    For assisting in meeting the educational needs of individuals 
affected by hurricanes in the Gulf of Mexico in calendar year 2005, 
$1,600,000,000, to remain available through September 30, 2006, of 
which $750,000,000 shall be available to State educational agencies 
until expended to carry out section 102 of title IV, division B of this 
Act, $5,000,000 shall be available to carry out section 106 of title 
IV, division B of this Act, $645,000,000 shall be available to carry 
out section 107 of title IV, division B of this Act, and $200,000,000 
shall be available to provide assistance under the programs authorized 
by subparts 3 and 4 of part A, part C of title IV, and part B of title 
VII of the Higher Education Act of 1965, for students attending 
institutions of higher education (as defined in section 102 of that 
Act) that are located in an area in which a major disaster has been 
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 and who qualify for assistance 
under subparts 3 and 4 of part A and part C of title IV of the Higher 
Education Act of 1965, to provide emergency assistance based on 
demonstrated need to institutions of higher education that are located 
in an area affected by hurricanes in the Gulf of Mexico in calendar 
year 2005 and were forced to close, relocate or significantly curtail 
their activities as a result of damage directly sustained by such 
hurricanes, and to provide payments to institutions of higher education 
to help defray the unexpected expenses associated with enrolling 
displaced students from institutions of higher education at which 
operations have been disrupted due to hurricanes in the Gulf of Mexico 
in calendar year 2005: Provided, That of the $200,000,000 described in 
the preceding proviso, $95,000,000 shall be for the Mississippi 
Institutes of Higher Learning to provide assistance under such title IV 
programs, notwithstanding any requirements relating to matching, 
Federal share, reservation of funds, or maintenance of effort that 
would otherwise be applicable to that assistance; $95,000,000 shall be 
for the Louisiana Board of Regents to provide emergency assistance 
based on demonstrated need under part B of title VII of the Higher 
Education Act of 1965, which may be used for student financial 
assistance, faculty and staff salaries, equipment and instruments, or 
any purpose authorized under the Higher Education Act of 1965, to 
institutions of higher education that are located in an area affected 
by hurricanes in the Gulf of Mexico in calendar year 2005; and 
$10,000,000 shall be available to the Secretary of Education for such 
payments to institutions of higher education to help defray the 
unexpected expenses associated with enrolling displaced students from 
institutions of higher education directly affected by hurricanes in the 
Gulf of Mexico in calendar year 2005, in accordance with criteria as 
are established by the Secretary and made publicly available without 
regard to section 437 of the General Education Provisions Act or 
section 553 of title 5, United States Code: Provided further, That the 
amounts provided in this paragraph are designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                               CHAPTER 7

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $291,219,000, to remain available until September 30, 
2010, for necessary expenses related to the consequences of hurricanes 
in the Gulf of Mexico in calendar year 2005: Provided, That such funds 
may be obligated or expended for planning and design and military 
construction projects not otherwise authorized by law: Provided 
further, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$52,612,000, to remain available until September 30, 2010, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That such funds may be 
obligated or expended for planning and design and military construction 
projects not otherwise authorized by law: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                  Military Construction, Defense-Wide

    For an additional amount for ``Military Construction, Defense-
Wide'', $45,000,000, to remain available until September 30, 2010, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That such funds may be 
obligated or expended for planning and design and military construction 
projects not otherwise authorized by law: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

               Military Construction, Army National Guard

    For an additional amount for ``Military Construction, Army National 
Guard'', $374,300,000, for necessary expenses related to the 
consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 
Provided, That such funds may be obligated or expended for planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

               Military Construction, Air National Guard

    For an additional amount for ``Military Construction, Air National 
Guard'', $35,000,000, to remain available until September 30, 2010, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That such funds may be 
obligated or expended for planning and design and military construction 
projects not otherwise authorized by law: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                  Military Construction, Naval Reserve

    For an additional amount for ``Military Construction, Naval 
Reserve'', $120,132,000, for necessary expenses related to the 
consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 
Provided, That such funds may be obligated or expended for planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                             FAMILY HOUSING

           Family Housing Construction, Navy and Marine Corps

    For an additional amount for ``Family Housing Construction, Navy 
and Marine Corps'', $86,165,000, to remain available until September 
30, 2010, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 
such funds may be obligated or expended for planning and design and 
military construction projects not otherwise authorized by law: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For an additional amount for ``Family Housing Operation and 
Maintenance, Navy and Marine Corps'', $48,889,000, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005, to remain available until September 30, 
2007: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                 Family Housing Construction, Air Force

    For an additional amount for ``Family Housing Construction, Air 
Force'', $278,000,000, to remain available until September 30, 2010, 
for necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That such funds may be 
obligated or expended for planning and design and military construction 
projects not otherwise authorized by law: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

          Family Housing Operation and Maintenance, Air Force

    For an additional amount for ``Family Housing Operation and 
Maintenance, Air Force'', $47,019,000, to remain available until 
September 30, 2007, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                             Medical Services

    For an additional amount for ``Medical Services'', $198,265,000, 
for necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                      Departmental Administration


                        General Operating Expenses

    For an additional amount for ``General Operating Expenses'', 
$24,871,000, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.


                     National Cemetery Administration

    For an additional amount for ``National Cemetery Administration'', 
$200,000, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.


                       Construction, Major Projects

    For an additional amount for ``Construction, Major Projects'', 
$367,500,000, to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.


                       Construction, Minor Projects

    For an additional amount for ``Construction, Minor Projects,'' 
$1,800,000, to remain available until expended, for necessary expenses 
related to the consequences of hurricanes in the Gulf of Mexico in 
calendar year 2005: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                             RELATED AGENCY

                      Armed Forces Retirement Home

    For payment to the ``Armed Forces Retirement Home'' for necessary 
expenses related to the consequences of Hurricane Katrina, $65,800,000, 
to remain available until expended: Provided, That of the amount 
provided, $45,000,000 shall be available for the Armed Forces 
Retirement Home, Gulfport, Mississippi: Provided further, That of the 
amount provided, $20,800,000 shall be available for the Armed Forces 
Retirement Home, Washington, DC: Provided further, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 701. The limitation of Federal contribution established under 
section 18236(b) of title 10 is hereby waived for projects appropriated 
in this chapter.
    Sec. 702. For any real property expressly granted to the United 
States since January 1, 1980 for use as or in connection with a Navy 
homeport subject to a reversionary interest retained by the grantor and 
serving as the site of or being used by a naval station subsequently 
closed or realigned pursuant to the Defense Base Closure and 
Realignment Act of 1990 as amended, the right of the United States to 
any consideration or repayment for the fair market value of the real 
property as improved shall be released, relinquished, waived, or 
otherwise permanently extinguished. The Secretary shall execute such 
written agreements as may be needed to facilitate the reversion and 
transfer all right, title, and interest of the United States in any 
real property described in this section, including the improvements 
thereon, for no consideration to the reversionary interest holder as 
soon as practicable after the naval station is closed or realigned. 
This agreement shall not require the reversionary interest holder to 
assume any environmental liabilities of the United States or relieve 
the United States from any responsibilities for environmental 
remediation that it may have incurred as a result of federal ownership 
or use of the real property.
    Sec. 703. (a) Notwithstanding 38 U.S.C. 2102, the Secretary of 
Veterans Affairs may make a grant to a veteran whose home was 
previously adapted with the assistance of a grant under chapter 21 of 
title 38, United States Code, in the event the adapted home which was 
being used and occupied by the veteran was destroyed or substantially 
damaged in the declared disaster areas as a result of hurricanes in the 
Gulf of Mexico in calendar year 2005, as determined by the President 
under the Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.). The grant is available to acquire a suitable housing unit 
with special fixtures or moveable facilities made necessary by the 
veteran's disability, and necessary land therefor. This authority 
expires on September 30, 2006: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.
    (b) The amount of the grant authorized by this subsection may not 
exceed the lesser of--
        (1) the reasonable cost, as determined by the Secretary of 
    Veterans Affairs, of repairing or replacing the adapted home in 
    excess of the available insurance coverage on the damaged or 
    destroyed home; or
        (2) the maximum grant to which the veteran would have been 
    entitled under 38 U.S.C. 2102 (a) or (b) had the veteran not 
    obtained the prior grant.
    Sec. 704. In any case where the Secretary of Veterans Affairs 
determines that a veteran described in 38 U.S.C. 3108(a)(2) has been 
displaced as the result of hurricanes in the Gulf of Mexico in calendar 
year 2005, from the disaster area, as determined by the President under 
the Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), the Secretary may extend the payment of subsistence allowance 
authorized by such paragraph for up to an additional two months while 
the veteran is satisfactorily following such program of employment 
services. This authority expires on September 30, 2006: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.
    Sec. 705. The annual limitation contained in 38 U.S.C. 3120(e) 
shall not apply in any case where the Secretary of Veterans Affairs 
determines that a veteran described in 38 U.S.C. 3120(b) has been 
displaced as the result of, or has otherwise been adversely affected in 
the areas covered by hurricanes in the Gulf of Mexico in calendar year 
2005, as determined by the President under the Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.). This authority 
expires on September 30, 2006: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.
    Sec. 706. Notwithstanding 38 U.S.C. 3903(a), the Secretary of 
Veterans Affairs may provide or assist in providing an eligible person 
with a second automobile or other conveyance under the provisions of 
chapter 39 of title 38 United States Code, if the Secretary receives 
satisfactory evidence that the automobile or other conveyance 
previously purchased with assistance under such chapter was destroyed 
as a result of hurricanes in the Gulf of Mexico in calendar year 2005, 
and through no fault of the eligible person: Provided, That that person 
does not otherwise receive from a property insurer compensation for the 
loss. This authority expires on September 30, 2006: Provided further, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                               CHAPTER 8

                         DEPARTMENT OF JUSTICE

                            Legal Activities


              Salaries and Expenses, United States Attorneys

    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'', $9,000,000, for necessary expenses related to the 
consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                     United States Marshals Service


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', $9,000,000, 
for necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                    Federal Bureau of Investigation


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', 
$45,000,000, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                    Drug Enforcement Administration


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', 
$10,000,000, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', 
$20,000,000, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                         Federal Prison System


                         Buildings and Facilities

    For an additional amount for ``Buildings and Facilities'', 
$11,000,000, to remain available until expended, for necessary expenses 
related to the consequences of hurricanes in the Gulf of Mexico in 
calendar year 2005: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                       Office of Justice Programs


                state and local law enforcement assistance

    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $125,000,000, for necessary expenses related to the 
direct or indirect consequences of hurricanes in the Gulf of Mexico in 
calendar year 2005, to remain available until expended: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006: Provided further, That the Attorney General shall consult with 
the Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives on the allocation of 
funds prior to expenditure.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                   Operations, Research, and Facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $17,200,000, to remain available until expended, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.


                Procurement, Acquisition and Construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'', $37,400,000, to remain available until expended, for 
necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

             National Aeronautics and Space Administration


                         Exploration Capabilities

    For an additional amount for ``Exploration Capabilities'', 
$349,800,000, to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                     Small Business Administration


                       Office of Inspector General

    For an additional amount for the ``Office of Inspector General'' 
for necessary expenses related to the consequences of hurricanes in the 
Gulf of Mexico in calendar year 2005, $5,000,000, to remain available 
until expended: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.


                      Disaster Loans Program Account

                      (including transfer of funds)

    For an additional amount for the ``Disaster Loans Program Account'' 
authorized by section 7(b) of the Small Business Act, for necessary 
expenses related to hurricanes in the Gulf of Mexico in calendar year 
2005 and other natural disasters, $264,500,000, to remain available 
until expended: Provided, That such costs, including the cost of 
modifying such loans shall be as defined in section 502 of the 
Congressional Budget Act of 1974.
    In addition, for administrative expenses to carry out the direct 
loan program authorized by section 7(b), $176,500,000, to remain 
available until expended, which may be transferred to and merged with 
``Salaries and Expenses'': Provided, That the amounts provided under 
this heading are designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006: Provided further, That 
no funds shall be transferred to the appropriation for ``Salaries and 
Expenses'' for indirect administrative expenses.

                    GENERAL PROVISIONS--THIS CHAPTER


                      (including transfer of funds)

    Sec. 801. Of the unobligated balances available under ``National 
Institute of Standards and Technology, Industrial Technology Services'' 
for the Hollings Manufacturing Extension Partnership Program, 
$4,500,000 shall be used to assist manufacturers recovering from 
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 
only Manufacturing Extension Centers in States affected by hurricanes 
in the Gulf of Mexico in calendar year 2005 shall be eligible for 
hurricane recovery assistance funds: Provided further, That these funds 
shall be allocated to the Manufacturing Extension Centers in these 
States based on an assessment of the needs of manufacturers in the 
counties declared a disaster by the Federal Emergency Management 
Agency: Provided further, That employment and productivity shall be 
among the metrics used in developing the needs assessment: Provided 
further, That the matching provisions of 15 U.S.C. 278(k) paragraph (c) 
shall not apply to amounts provided by this Act or by Public Law 109-
108 to Manufacturing Extension Centers serving areas affected by 
hurricanes in the Gulf of Mexico in calendar year 2005.
    Sec. 802. The Attorney General shall transfer to the ``Narrowband 
Communications/Integrated Wireless Network'' account all funds made 
available in this Act to the Department of Justice for the purchase of 
portable and mobile radios and related infrastructure. Any transfer 
made under this section shall be subject to section 605 of Public Law 
109-108.

                               CHAPTER 9

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                         Facilities and Equipment

                     (airport and airway trust fund)

    For an additional amount for ``Facilities and equipment'', 
$40,600,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until expended, for necessary expenses related to 
the consequences of hurricanes in the Gulf of Mexico during calendar 
year 2005: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                     Federal Highway Administration


                         Emergency Relief Program

    For an additional amount for ``Emergency relief program'' as 
authorized under 23 U.S.C. 125, $2,750,000,000, to remain available 
until expended, for necessary expenses related to the consequences of 
Hurricanes Katrina, Rita, and Wilma: Provided, That of the funds 
provided herein, up to $629,000,000 shall be available to repair and 
reconstruct the I-10 bridge spanning New Orleans and Slidell, Louisiana 
in accordance with current design standards as contained in 23 U.S.C. 
125: Provided further, That notwithstanding 23 U.S.C. 120(e) and from 
funds provided herein, the Federal share for all projects for repairs 
or reconstruction of highways, roads, bridges, and trails to respond to 
damage caused by Hurricanes Katrina, Rita, and Wilma shall be 100 
percent: Provided further, That notwithstanding 23 U.S.C. 125(d)(1), 
the Secretary of Transportation may obligate more than $100,000,000 for 
such projects in a State in a fiscal year, to respond to damage caused 
by Hurricanes Dennis, Katrina, Rita or Wilma and by the 2004-2005 
winter storms in the State of California: Provided further, That any 
amounts in excess of those necessary for emergency expenses relating to 
the above hurricanes may be used for other projects authorized under 23 
U.S.C. 125: Provided further, That such amounts as may be necessary but 
not to exceed $550,000,000 may be made available promptly from the 
funds provided herein to pay for other projects authorized under 23 
U.S.C. 125 arising from natural disasters or catastrophic failures from 
external causes that occurred prior to Hurricane Wilma and that are 
ready to proceed to construction or are eligible for reimbursement: 
Provided further, That the amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                        Maritime Administration


                         Operations and Training

    For an additional amount for ``Operations and training'', 
$7,500,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico during calendar year 2005: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                      Tenant-Based Rental Assistance

    For an additional amount for housing vouchers for households within 
the area declared a major disaster under the Robert T. Stafford 
Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) resulting 
from hurricanes in the Gulf of Mexico during calendar year 2005, 
$390,299,500, to remain available until September 30, 2007: Provided, 
That such households shall be limited to those which, prior to 
Hurricanes Katrina or Rita, received assistance under section 8 or 9 of 
the United States Housing Act of 1937 (Public Law 93-383), section 801 
or 811 of the Cranston-Gonzalez National Affordable Housing Act (Public 
Law 101-625), the AIDS Housing Opportunity Act (Public Law 101-625), or 
the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77); or 
those which were homeless or in emergency shelters in the declared 
disaster area prior to Hurricanes Katrina or Rita: Provided further, 
That these funds are available for assistance, under section 8(o) of 
the United States Housing Act of 1937: Provided further, That in 
administering assistance under this heading the Secretary of Housing 
and Urban Development may waive requirements for income eligibility and 
tenant contribution under section 8 of such Act for up to 18 months: 
Provided further, That all households receiving housing vouchers under 
this heading shall be eligible to reoccupy their previous assisted 
housing, if and when it becomes available: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                   Community Planning and Development


                        Community Development Fund

    For an additional amount for the ``Community development fund'', 
for necessary expenses related to disaster relief, long-term recovery, 
and restoration of infrastructure in the most impacted and distressed 
areas related to the consequences of hurricanes in the Gulf of Mexico 
in 2005 in States for which the President declared a major disaster 
under title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) in conjunction with Hurricane 
Katrina, Rita, or Wilma, $11,500,000,000, to remain available until 
expended, for activities authorized under title I of the Housing and 
Community Development Act of 1974 (Public Law 93-383): Provided, That 
no State shall receive more than 54 percent of the amount provided 
under this heading: Provided further, That funds provided under this 
heading shall be administered through an entity or entities designated 
by the Governor of each State: Provided further, That such funds may 
not be used for activities reimbursable by or for which funds are made 
available by the Federal Emergency Management Agency or the Army Corps 
of Engineers: Provided further, That funds allocated under this heading 
shall not adversely affect the amount of any formula assistance 
received by a State under this heading: Provided further, That each 
State may use up to five percent of its allocation for administrative 
costs: Provided further, That Louisiana and Mississippi may each use up 
to $20,000,000 (with up to $400,000 each for technical assistance) from 
funds made available under this heading for LISC and the Enterprise 
Foundation for activities authorized by section 4 of the HUD 
Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect 
immediately before June 12, 1997, and for activities authorized under 
section 11 of the Housing Opportunity Program Extension Act of 1996, 
including demolition, site clearance and remediation, and program 
administration: Provided further, That in administering the funds under 
this heading, the Secretary of Housing and Urban Development shall 
waive, or specify alternative requirements for, any provision of any 
statute or regulation that the Secretary administers in connection with 
the obligation by the Secretary or the use by the recipient of these 
funds or guarantees (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment), upon a 
request by the State that such waiver is required to facilitate the use 
of such funds or guarantees, and a finding by the Secretary that such 
waiver would not be inconsistent with the overall purpose of the 
statute, as modified: Provided further, That the Secretary may waive 
the requirement that activities benefit persons of low and moderate 
income, except that at least 50 percent of the funds made available 
under this heading must benefit primarily persons of low and moderate 
income unless the Secretary otherwise makes a finding of compelling 
need: Provided further, That the Secretary shall publish in the Federal 
Register any waiver of any statute or regulation that the Secretary 
administers pursuant to title I of the Housing and Community 
Development Act of 1974 no later than 5 days before the effective date 
of such waiver: Provided further, That every waiver made by the 
Secretary must be reconsidered according to the three previous provisos 
on the two-year anniversary of the day the Secretary published the 
waiver in the Federal Register: Provided further, That prior to the 
obligation of funds each State shall submit a plan to the Secretary 
detailing the proposed use of all funds, including criteria for 
eligibility and how the use of these funds will address long-term 
recovery and restoration of infrastructure: Provided further, That each 
State will report quarterly to the Committees on Appropriations on all 
awards and uses of funds made available under this heading, including 
specifically identifying all awards of sole-source contracts and the 
rationale for making the award on a sole-source basis: Provided 
further, That the Secretary shall notify the Committees on 
Appropriations on any proposed allocation of any funds and any related 
waivers made pursuant to these provisions under this heading no later 
than 5 days before such waiver is made: Provided further, That the 
Secretary shall establish procedures to prevent recipients from 
receiving any duplication of benefits and report quarterly to the 
Committees on Appropriations with regard to all steps taken to prevent 
fraud and abuse of funds made available under this heading including 
duplication of benefits: Provided further, That the amounts provided 
under this heading are designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                       Administrative Provisions

    Sec. 901. Notwithstanding provisions of the United States Housing 
Act of 1937 (Public Law 93-383), in order to assist public housing 
agencies located within the most heavily impacted areas of Louisiana 
and Mississippi that are subject to a declaration by the President of a 
major disaster under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in connection with 
Hurricane Katrina or Rita, the Secretary for calendar year 2006 may 
authorize a public housing agency to combine assistance provided under 
sections 9(d) and (e) of the United States Housing Act of 1937 and 
assistance provided under section 8(o) of such Act, for the purpose of 
facilitating the prompt, flexible and efficient use of funds provided 
under these sections of the Act to assist families who were receiving 
housing assistance under the Act immediately prior to Hurricane Katrina 
or Rita and were displaced from their housing by the hurricanes.
    Sec. 902. To the extent feasible the Secretary of Housing and Urban 
Development shall preserve all housing within the area declared a major 
disaster under the Robert T. Stafford Disaster Relief and Emergency Act 
(42 U.S.C. 5121 et seq.) resulting from Hurricane Katrina or Rita that 
received project-based assistance under section 8 or 9 of the United 
States Housing Act of 1937, section 801 or 811 of the Cranston-Gonzalez 
National Affordable Housing Act, the AIDS Housing Opportunity Act, or 
the Stewart B. McKinney Homeless Assistance Act: Provided, That the 
Secretary shall report to the Committees on Appropriations on the 
status of all such housing, including costs associated with any repair 
or rehabilitation, within 120 days of enactment of this Act.

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services


                          Salaries and Expenses

    For an additional amount for ``Salaries and expenses, Courts of 
Appeals, District Courts, and Other Judicial Services'', $18,000,000, 
to remain available until expended, for necessary expenses related to 
the consequences of hurricanes in the Gulf of Mexico during calendar 
year 2005: Provided, That notwithstanding any other provision of law 
such sums shall be available for transfer to accounts within the 
Judiciary subject to approval of the Judiciary operating plan: Provided 
further, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                           INDEPENDENT AGENCY

                    General Services Administration


                          Federal Buildings Fund

    For an additional amount for ``Federal buildings fund'', 
$38,000,000, from the general fund and to remain available until 
expended, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico during calendar year 2005: Provided, 
That notwithstanding 40 U.S.C. 3307, the Administrator of General 
Services is authorized to proceed with repairs and alterations for 
those facilities: Provided further, That the the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                                TITLE II

  EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS PANDEMIC INFLUENZA

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

    For an additional amount for the ``Office of the Secretary'', 
related to the detection of and response to highly pathogenic avian 
influenza, including research and development, $11,350,000, to remain 
available until September 30, 2007: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                     Agricultural Research Service


                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'', related to 
the detection of and response to highly pathogenic avian influenza, 
including research and development, $7,000,000, to remain available 
until September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

      Cooperative State Research, Education, and Extension Service


                    RESEARCH AND EDUCATION ACTIVITIES

    For an additional amount for ``Research and Education Activities'', 
related to the detection of and response to highly pathogenic avian 
influenza, $1,500,000, to remain available until September 30, 2007: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

               Animal and Plant Health Inspection Service


                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'', related to 
the detection of and response to highly pathogenic avian influenza, 
$71,500,000, to remain available until September 30, 2007: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                          SALARIES AND EXPENSES

    For an additional amount for ``Food and Drug Administration, 
Salaries and Expenses'', to prepare for and respond to an influenza 
pandemic, $20,000,000, to remain available until September 30, 2007: 
Provided, That of the total amount appropriated $18,000,000 shall be 
for the Center for Biologics Evaluation and Research and for related 
field activities in the Office of Regulatory Affairs, and $2,000,000 
shall be for other activities including the Office of the Commissioner 
and the Office of Management: Provided further, That the amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'' for surveillance, communication equipment, and assistance to 
military partner nations in procuring protective equipment, 
$10,000,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'' for 
necessary expenses related to vaccine purchases, storage, expanded 
avian influenza surveillance programs, equipment, essential information 
management systems, and laboratory diagnostic equipment, $120,000,000: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                               CHAPTER 3

                     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'' for activities related to surveillance, planning, preparedness, 
and response to the avian influenza virus, $75,200,000, to remain 
available until expended: Provided, That funds appropriated by this 
paragraph may be obligated and expended notwithstanding section 10 of 
Public Law 91-672: Provided further, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.


               International Disaster and Famine Assistance

    For an additional amount for ``International Disaster and Famine 
Assistance'' for the pre-positioning and deployment of essential 
supplies and equipment for preparedness and response to the avian 
influenza virus, $56,330,000, to remain available until expended: 
Provided, That funds appropriated by this paragraph may be obligated 
and expended notwithstanding section 10 of Public Law 91-672: Provided 
further, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                    General Provision--This Chapter

    Sec. 2301. Within 30 days from the date of enactment of this Act 
and every six months thereafter, the Administrator of the United States 
Agency for International Development shall submit to the Committees on 
Appropriations a report which identifies, for all projects funded from 
amounts appropriated by this Act that are administered by that agency, 
the following: the program objectives for each such project, the 
approximate timeline for achieving each of those objectives, the 
amounts obligated and expended for each project, and the current status 
of program performance with reference to identified program objectives 
and the timeline for achieving those objectives.

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

            Office of the Secretary and Executive Management

    For an additional amount for ``Office of the Secretary and 
Executive Management'', $47,283,000, to remain available until 
expended, for necessary expenses to train, plan, and prepare for a 
potential outbreak of highly pathogenic influenza: Provided, That these 
funds may be transferred to other Department of Homeland Security 
appropriations accounts in accordance with section 503 of Public Law 
109-90: Provided further, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                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, 2007: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                         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, 2007: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                    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, $3,670,000, to remain available 
until September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary


             Public Health and Social Services Emergency Fund

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' to prepare for and respond to an influenza pandemic, 
including the development and purchase of vaccines, antivirals, and 
necessary medical supplies, and for planning activities, 
$3,054,000,000, to remain available until expended: Provided, That 
$350,000,000 shall be for Upgrading State and Local Capacity and 
$50,000,000 shall be for laboratory capacity and research at the 
Centers for Disease Control and Prevention: Provided further, That 
products purchased with these funds may, at the discretion of the 
Secretary, 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 influenza 
vaccines and other biologicals, where the Secretary finds such a 
contract necessary to secure sufficient supplies of such vaccines or 
biologicals: Provided further, That the Secretary may negotiate a 
contract with a vendor under which a State may place an order with the 
vendor for antivirals; may reimburse a State for a portion of the price 
paid by the State pursuant to such an order; and may use amounts made 
available herein for such reimbursement: Provided further, That funds 
appropriated herein and not specifically designated under this heading 
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: 
Provided further, That the amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.
    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' for activities related to pandemic influenza, 
including international activities and activities in foreign countries, 
related to preparedness planning, enhancing the pandemic influenza 
regulatory science base, accelerating pandemic influenza disease 
surveillance, developing registries to monitor influenza vaccine 
distribution and use, and supporting pandemic influenza research, 
clinical trials and clinical trials infrastructure, $246,000,000, of 
which $150,000,000, to remain available until expended, shall be for 
the Centers for Disease Control and Prevention to carry out global and 
domestic disease surveillance, laboratory diagnostics, rapid response, 
and quarantine: Provided, That funds appropriated herein and not 
specifically designated under this heading 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: Provided further, That the amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 7

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                             Medical Services

    For an additional amount for ``Medical Services'' for enhanced 
avian influenza surveillance programs, planning functions and 
preparations for the pandemic and to establish real-time surveillance 
data exchange with the Centers for Disease Control and Prevention, 
$27,000,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                               CHAPTER 8

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                     Diplomatic and Consular Programs

                      (including transfer of funds)

    For an additional amount for ``Diplomatic and Consular Programs'' 
to support avian influenza country coordination, development of an 
avian influenza response plan, diplomatic outreach, and health support 
of United States Government employees, Peace Corps volunteers, and 
eligible family members stationed abroad, $16,000,000, to remain 
available until expended, of which $1,100,000 shall be transferred to 
and merged with appropriations for the Peace Corps: Provided, That 
funds appropriated by this paragraph may be obligated and expended 
notwithstanding section 15 of the State Department Basic Authorities 
Act of 1956: Provided further, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.


            Emergencies in the Diplomatic and Consular Service

    For an additional amount for ``Emergencies in the Diplomatic and 
Consular Service'' for emergency evacuation support of United States 
Government personnel, Peace Corps volunteers, and dependents in regions 
affected by the avian influenza, $15,000,000, to remain available until 
expended: Provided, That funds appropriated by this paragraph may be 
obligated and expended notwithstanding section 15 of the State 
Department Basic Authorities Act of 1956: Provided further, That 
notwithstanding section 402 of Public Law 109-108, upon a determination 
by the Secretary of State that circumstances related to the avian 
influenza require additional funding for activities under this heading, 
the Secretary of State may transfer such amounts to ``Emergencies in 
the Diplomatic and Consular Service'' from available appropriations for 
the current fiscal year for the Department of State as may be necessary 
to respond to such circumstances: Provided further, That any transfer 
pursuant to the previous proviso shall be treated as a reprogramming of 
funds under section 605 of Public Law 109-108 and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section, except that the Committees on 
Appropriations shall be notified not less than 5 days in advance of any 
such reprogramming: Provided further, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                               TITLE III

                        RESCISSIONS AND OFFSETS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service


                         Conservation Operations

                               (Rescission)

    Of the unobligated balances available under this heading, 
$10,000,000 are rescinded: Provided, That funds for projects or 
activities identified in the Statement of Managers that accompanies 
House Report 109-255, pages 84 through 87, shall not be reduced due to 
such rescission.

                        Rural Utilities Service


          Distance Learning, Telemedicine, and Broadband Program

                               (Rescission)

    Of the unobligated balances available under this heading, 
$9,900,000 are rescinded.

                       Food and Nutrition Service


                            Food Stamp Program

                               (Rescission)

    Of unobligated balances available under this heading of funds 
provided pursuant to section 16(h)(1)(A) of the Food Stamp Act of 1977, 
$11,200,000 are rescinded.

                      Foreign Agricultural Service


         Public Law 480 Title I Ocean Freight Differential Grants

                               (Rescission)

    Of the unobligated balances available under this heading, 
$35,000,000 are rescinded.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

            Disposal of Department of Defense Real Property


                               (Rescission)

    Of the unobligated balances available under this heading, 
$45,000,000 are rescinded.

              Lease of Department of Defense Real Property


                               (Rescission)

    Of the unobligated balances available under this heading, 
$30,000,000 are rescinded.

             Overseas Military Facility Investment Recovery


                               (Rescission)

    Of the unobligated balances available under this heading, 
$5,000,000 are rescinded.

                               CHAPTER 3

                EXPORT-IMPORT BANK OF THE UNITED STATES

                         Subsidy Appropriation


                               (RESCISSION)

    Of the unobligated balances available under this heading in Public 
Law 109-102 and Public Law 108-447, $25,000,000 are rescinded.

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard


                            Operating Expenses

                          (rescission of funds)

    Of the funds appropriated under this heading in Public Law 109-90, 
$260,533,000 are rescinded.

                  Federal Emergency Management Agency


                             Disaster Relief

                          (rescission of funds)

    Of the funds appropriated under this heading in Public Law 109-62, 
$23,409,300,000 are rescinded.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                    Management of Lands and Resources

                               (Rescission)

    Of the unobligated balances available under this heading, $500,000 
are rescinded.

                United States Fish and Wildlife Service


                       Landowner Incentive Program

                               (Rescission)

    Of the unobligated balances available under this heading, 
$2,000,000 are rescinded.


             Cooperative Endangered Species Conservation Fund

                               (Rescission)

    Of the unobligated balances available under this heading, 
$1,000,000 are rescinded.

                               CHAPTER 6

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology


                      Industrial Technology Services

                               (Rescission)

    Of the unobligated balances available under this heading, 
$7,000,000 are rescinded.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                     DIPLOMATIC AND CONSULAR PROGRAMS

                               (RESCISSION)

    Of the unobligated balances available under this heading, 
$10,000,000 are rescinded.


             Embassy Security, Construction, and Maintenance

                               (Rescission)

    Of the unobligated balances available under this heading, 
$20,000,000 are rescinded.

                               CHAPTER 7

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration


                           federal-aid highways

                           (highway trust fund)

                               (rescission)

    Of the unobligated balances of funds apportioned to each State 
under chapter 1 of title 23, United States Code, $1,143,000,000 are 
rescinded: Provided, That such rescission shall not apply to the funds 
distributed in accordance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as 
in effect prior to the date of enactment of Public Law 109-59, the 
first sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23 
U.S.C. 163 as in effect prior to the enactment of Public Law 109-59.

                    Federal Railroad Administration


     EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

                               (RESCISSION)

    Of the unobligated balances of amounts made available under this 
heading in Public Law 109-115, $8,300,000 are rescinded: Provided, That 
section 135 of title I of division A of Public Law 109-115 is repealed.

                               CHAPTER 8

                      GOVERNMENT-WIDE RESCISSIONS

    Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
        (1) the budget authority provided (or obligation limit imposed) 
    for fiscal year 2006 for any discretionary account of this Act and 
    in any other fiscal year 2006 appropriation Act;
        (2) the budget authority provided in any advance appropriation 
    for fiscal year 2006 for any discretionary account in any prior 
    fiscal year appropriation Act; and
        (3) the contract authority provided in fiscal year 2006 for any 
    program subject to limitation contained in any fiscal year 2006 
    appropriation Act.
    (b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
        (1) to each discretionary account and each item of budget 
    authority described in such subsection; and
        (2) within each such account and item, to each program, 
    project, and activity (with programs, projects, and activities as 
    delineated in the appropriation Act or accompanying reports for the 
    relevant fiscal year covering such account or item, or for accounts 
    and items not included in appropriation Acts, as delineated in the 
    most recently submitted President's budget).
    (c) Exceptions.--This section shall not apply--
        (1) to discretionary budget authority that has been designated 
    pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
    concurrent resolution on the budget for fiscal year 2006; or
        (2) to discretionary authority appropriated or otherwise made 
    available to the Department of Veterans Affairs.
    (d) OMB Report.--Within 30 days after the date of the enactment of 
this section the Director of the Office of Management and Budget shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a report specifying the account and 
amount of each rescission made pursuant to this section.

               TITLE IV--HURRICANE EDUCATION RECOVERY ACT
    Subtitle A--Elementary and Secondary Education Hurricane Relief

SEC. 101. FINDINGS; DEFINITIONS.

    (a) Findings.--Congress finds the following:
        (1) Hurricane Katrina and Hurricane Rita have had a devastating 
    and unprecedented impact on students who attended schools in the 
    disaster areas.
        (2) Due to the devastating effects of Hurricane Katrina and 
    Hurricane Rita, a significant number of students have enrolled in 
    schools outside of the area in which they resided, including a 
    significant number of students who enrolled in non-public schools 
    because their parents chose to enroll them in such schools.
        (3) 372,000 students were displaced by Hurricane Katrina. 
    Approximately 700 schools have been damaged or destroyed. Nine 
    States each have more than 1,000 of such displaced students 
    enrolled in their schools. In Texas alone, over 45,000 displaced 
    students have enrolled in schools.
        (4) In response to these extraordinary conditions, this 
    subtitle creates a one-time only emergency grant for the 2005-2006 
    school year tailored to the needs and particular circumstances of 
    students displaced by Hurricane Katrina and Hurricane Rita.
        (5) The level and type of assistance provided under this 
    subtitle, both for students attending public schools and students 
    attending non-public schools, is made available solely because of 
    the unprecedented nature of the crisis, the massive dislocation of 
    students, and the short duration of the services or assistance.
    (b) Definitions.--Unless otherwise specified in this subtitle, the 
terms used in this subtitle have the meanings given the terms in 
section 9101 of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801).

SEC. 102. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

    (a) Purpose.--It is the purpose of this section--
        (1) to provide immediate services or assistance to local 
    educational agencies and non-public schools in Louisiana, 
    Mississippi, Alabama, and Texas that serve an area in which a major 
    disaster has been declared in accordance with section 401 of the 
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
    U.S.C. 5170), related to Hurricane Katrina or Hurricane Rita; and
        (2) to assist school administrators and personnel of such 
    agencies or non-public schools with expenses related to the restart 
    of operations in, the re-opening of, and the re-enrollment of 
    students in, elementary schools and secondary schools in such 
    areas.
    (b) Payments Authorized.--From amounts appropriated to carry out 
this subtitle, the Secretary of Education is authorized to make 
payments, on such basis as the Secretary determines appropriate, taking 
into consideration the number of students who were enrolled, during the 
2004-2005 school year, in elementary schools and secondary schools that 
were closed on September 12, 2005, as a result of Hurricane Katrina or 
on October 7, 2005, as a result of Hurricane Rita, to State educational 
agencies in Louisiana, Mississippi, Alabama, and Texas to enable such 
agencies to provide services or assistance to local educational 
agencies or non-public schools serving an area in which a major 
disaster has been declared in accordance with section 401 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170), related to Hurricane Katrina or Hurricane Rita.
    (c) Eligibility, Consideration, and Equity.--
        (1) Eligibility and consideration.--From the payment provided 
    by the Secretary of Education under subsection (b), the State 
    educational agency shall provide services and assistance to local 
    educational agencies and non-public schools, consistent with the 
    provisions of this section. In determining the amount to be 
    provided for services or assistance under this section, the State 
    educational agency shall consider the following:
            (A) The number of school-aged children served by the local 
        educational agency or non-public school in the academic year 
        preceding the academic year for which the services or 
        assistance are provided.
            (B) The severity of the impact of Hurricane Katrina or 
        Hurricane Rita on the local educational agency or non-public 
        school and the extent of the needs in each local educational 
        agency or non-public school in Louisiana, Mississippi, Alabama, 
        and Texas that is in an area in which a major disaster has been 
        declared in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170), related to Hurricane Katrina or Hurricane Rita.
        (2) Equity.--Educational services and assistance provided for 
    eligible non-public school students under paragraph (1) shall be 
    equitable in comparison to the educational services and other 
    benefits provided for public school students under this section, 
    and shall be provided in a timely manner.
    (d) Applications.--Each local educational agency or non-public 
school desiring services or assistance under this section shall submit 
an application to the State educational agency at such time, in such 
manner, and accompanied by such information as the State educational 
agency may reasonably require to ensure expedited and timely provision 
of services or assistance to the local educational agency or non-public 
school.
    (e) Uses of Funds.--
        (1) In general.--A local educational agency or non-public 
    school receiving services or assistance from the State educational 
    agency under this section shall use such services or assistance 
    for--
            (A) recovery of student and personnel data, and other 
        electronic information;
            (B) replacement of school district information systems, 
        including hardware and software;
            (C) financial operations;
            (D) reasonable transportation costs;
            (E) rental of mobile educational units and leasing of 
        neutral sites or spaces;
            (F) initial replacement of instructional materials and 
        equipment, including textbooks;
            (G) redeveloping instructional plans, including curriculum 
        development;
            (H) initiating and maintaining education and support 
        services; and
            (I) such other activities related to the purpose of this 
        section that are approved by the Secretary.
        (2) Use with other available funds.--A local educational agency 
    or non-public school receiving services or assistance under this 
    section may use such services or assistance in coordination with 
    other Federal, State, or local funds available for the activities 
    described in paragraph (1).
        (3) Special rules.--
            (A) Prohibition.--Services or assistance provided under 
        this section shall not be used for construction or major 
        renovation of schools.
            (B) Secular, neutral, and nonideological services or 
        assistance.--Services or assistance provided under this 
        section, including equipment and materials, shall be secular, 
        neutral, and nonideological.
    (f) Supplement Not Supplant.--
        (1) In general.--Except as provided in paragraph (2), services 
    or assistance made available under this section shall be used to 
    supplement, not supplant, any funds made available through the 
    Federal Emergency Management Agency or through a State.
        (2) Exception.--Paragraph (1) shall not prohibit the provision 
    of Federal assistance under this section to an eligible State 
    educational agency, local educational agency, or non-public school 
    that is or may be entitled to receive, from another source, 
    benefits for the same purposes as under this section if--
            (A) such State educational agency, local educational 
        agency, or school has not received such other benefits by the 
        time of application for Federal assistance under this section; 
        and
            (B) such State educational agency, local educational 
        agency, or school agrees to repay all duplicative Federal 
        assistance received to carry out the purposes of this section.
    (g) Definition of Non-Public School.--The term ``non-public 
school'' means a non-public elementary school or secondary school 
that--
        (1) is accredited or licensed or otherwise operates in 
    accordance with State law; and
        (2) was in existence prior to August 22, 2005.
    (h) Assistance to Non-Public Schools.--
        (1) Funds availability.--From the payment provided by the 
    Secretary of Education under subsection (b) to a State educational 
    agency, the State educational agency shall reserve an amount of 
    funds, to be made available to non-public schools in the State, 
    that is not less than an amount that bears the same relation to the 
    payment as the number of non-public elementary schools and 
    secondary schools in the State bears to the total number of non-
    public and public elementary schools and secondary schools in the 
    State. The number of such schools shall be determined by the 
    National Center for Education Statistics Common Core of Data for 
    the 2003-2004 school year. Such funds shall be used for the 
    provision of services or assistance at non-public schools, except 
    as provided in paragraph (2).
        (2) Special rule.--If funds made available under paragraph (1) 
    remain unobligated 120 days after the date of enactment of this 
    Act, such funds may be used to provide services or assistance under 
    this section to local educational agencies or non-public schools.
        (3) Public control of funds.--The control of funds for the 
    services and assistance provided to a non-public school under 
    paragraph (1), and title to materials, equipment, and property 
    purchased with such funds, shall be in a public agency, and a 
    public agency shall administer such funds, materials, equipment, 
    and property and shall provide such services (or may contract for 
    the provision of such services with a public or private entity).

SEC. 103. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES SERVING MAJOR 
              DISASTER AREAS.

    In the case of a local educational agency that serves an area in 
which the President has declared that a major disaster exists in 
accordance with section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane 
Katrina or Hurricane Rita, the amount made available for such local 
educational agency under each of sections 1124, 1124A, 1125, and 1125A 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333, 
6334, 6335, and 6337) for fiscal year 2006 shall be not less than the 
amount made available for such local educational agency under each of 
such sections for fiscal year 2005.

SEC. 104. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.

    (a) Teacher and Paraprofessional Reciprocity.--
        (1) Teachers.--
            (A) Affected teacher.--In this subsection, the term 
        ``affected teacher'' means a teacher who is displaced due to 
        Hurricane Katrina or Hurricane Rita and relocates to a State 
        that is different from the State in which such teacher resided 
        on August 22, 2005.
            (B) Reciprocity.--
                (i) Teachers.--A local educational agency may consider 
            an affected teacher hired by such agency who is not highly 
            qualified in a core academic subject in the State in which 
            such agency is located to be highly qualified in the same 
            core academic subject or area, for purposes of section 1119 
            of the Elementary and Secondary Education Act of 1965 (20 
            U.S.C. 6319), for the 2005-2006 school year, if such 
            teacher was highly qualified, consistent with section 
            9101(23) of the Elementary and Secondary Education Act of 
            1965 (20 U.S.C. 7801(23)), on or before August 22, 2005, in 
            the State in which such teacher resided on August 22, 2005.
                (ii) Special education teachers.--A local educational 
            agency may consider an affected special education teacher 
            hired by such agency who is not highly qualified in the 
            State in which such agency is located to be highly 
            qualified, for purposes of section 612(a)(14) of the 
            Individuals with Disabilities Education Act (20 U.S.C. 
            1412(a)(14)), for the 2005-2006 school year, if such 
            teacher was highly qualified, consistent with section 
            602(10) of the Individuals with Disabilities Education Act 
            (20 U.S.C. 1401(10)), on or before August 22, 2005, in the 
            State in which such teacher resided on August 22, 2005.
        (2) Paraprofessional.--
            (A) Affected paraprofessional.--In this subsection, the 
        term ``affected paraprofessional'' means a paraprofessional who 
        is displaced due to Hurricane Katrina or Hurricane Rita and 
        relocates to a State that is different from the State in which 
        such paraprofessional resided on August 22, 2005.
            (B) Reciprocity.--A local educational agency may consider 
        an affected paraprofessional hired by such agency who does not 
        satisfy the requirements of section 1119(c) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6319(c)) in the 
        State in which such agency is located to satisfy such 
        requirements, for purposes of such section, for the 2005-2006 
        school year, if such paraprofessional satisfied such 
        requirements on or before August 22, 2005, in the State in 
        which such paraprofessional resided on August 22, 2005.
    (b) Delay.--The Secretary of Education may delay, for a period not 
to exceed 1 year, applicability of the requirements of paragraphs (2) 
and (3) of section 1119(a) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6319(a)(2) and (3)) and section 612(a)(14)(C) of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1412(a)(14)(C)) with respect to the States of Alabama, Louisiana, 
Texas, and Mississippi (and local educational agencies within the 
jurisdiction of such States), if any such State or local educational 
agency demonstrates that a failure to comply with such requirements is 
due to exceptional or uncontrollable circumstances, such as a natural 
disaster or a precipitous and unforeseen decline in the financial 
resources of local educational agencies within the State.

SEC. 105. REGULATORY AND FINANCIAL RELIEF.

    (a) Waiver Authority.--Subject to subsections (b) and (c), in 
providing any grant or other assistance, directly or indirectly, to an 
entity in an affected State in which a major disaster has been declared 
in accordance with section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170), related to 
Hurricane Katrina or Hurricane Rita, the Secretary of Education may, as 
applicable, waive or modify, in order to ease fiscal burdens, any 
requirement relating to the following:
        (1) Maintenance of effort.
        (2) The use of Federal funds to supplement, not supplant, non-
    Federal funds.
        (3) Any non-Federal share or capital contribution required to 
    match Federal funds provided under programs administered by the 
    Secretary of Education.
    (b) Duration.--A waiver under this section shall be for the fiscal 
year 2006.
    (c) Limitations.--
        (1) Relation to idea.--Nothing in this section shall be 
    construed to waive or modify any provision of the Individuals with 
    Disabilities Education Act (20 U.S.C. 1400 et seq.).
        (2) Maintenance of effort.--If the Secretary grants a waiver or 
    modification under this section waiving or modifying a requirement 
    relating to maintenance of effort for fiscal year 2006, the level 
    of effort required for fiscal year 2007 shall not be reduced 
    because of the waiver or modification.

SEC. 106. ASSISTANCE FOR HOMELESS YOUTH.

    (a) In General.--The Secretary of Education shall provide 
assistance to local educational agencies serving homeless children and 
youths displaced by Hurricane Katrina or Hurricane Rita, consistent 
with section 723 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11433), including identification, enrollment assistance, 
assessment and school placement assistance, transportation, 
coordination of school services, supplies, referrals for health, mental 
health, and other needs.
    (b) Exception and Distribution of Funds.--
        (1) Exception.--For purposes of providing assistance under 
    subsection (a), subsections (c) and (e)(1) of section 722 and 
    subsections (b) and (c) of section 723 of the McKinney-Vento 
    Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 11433(b) 
    and (c)) shall not apply.
        (2) Disbursement.--The Secretary of Education shall disburse 
    funding provided under subsection (a) to State educational agencies 
    based on demonstrated need, as determined by the Secretary, and 
    such State educational agencies shall distribute funds, that are 
    appropriated under section 109 and available to carry out this 
    section, to local educational agencies based on demonstrated need, 
    for the purposes of carrying out section 723 of the McKinney-Vento 
    Homeless Assistance Act (42 U.S.C. 11433).

SEC. 107. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS.

    (a) Temporary Emergency Impact Aid Authorized.--
        (1) Aid to state educational agencies.--From amounts 
    appropriated to carry out this subtitle, the Secretary of Education 
    shall provide emergency impact aid to State educational agencies to 
    enable the State educational agencies to make emergency impact aid 
    payments to eligible local educational agencies and eligible BIA-
    funded schools to enable--
            (A) such eligible local educational agencies and schools to 
        provide for the instruction of students served by such agencies 
        and schools; and
            (B) such eligible local educational agencies to make 
        immediate impact aid payments to accounts established on behalf 
        of displaced students (referred to in this section as 
        ``accounts'') who are attending eligible non-public schools 
        located in the areas served by the eligible local educational 
        agencies.
        (2) Aid to local educational agencies and bia-funded schools.--
    A State educational agency shall make emergency impact aid payments 
    to eligible local educational agencies and eligible BIA-funded 
    schools in accordance with subsection (d).
        (3) State educational agencies in certain states.--In the case 
    of the States of Louisiana and Mississippi, the State educational 
    agency shall carry out the activities of eligible local educational 
    agencies that are unable to carry out this section, including 
    eligible local educational agencies in such States for which the 
    State exercises the authorities normally exercised by such local 
    educational agencies.
        (4) Notice of funds availability.--Not later than 14 calendar 
    days after the date of enactment of this Act, the Secretary of 
    Education shall publish in the Federal Register a notice of the 
    availability of funds under this section.
    (b) Definitions.--In this section:
        (1) Displaced student.--The term ``displaced student'' means a 
    student who enrolled in an elementary school or secondary school 
    (other than the school that the student was enrolled in, or was 
    eligible to be enrolled in, on August 22, 2005) because such 
    student resides or resided on August 22, 2005, in an area for which 
    a major disaster has been declared in accordance with section 401 
    of the Robert T. Stafford Disaster Relief and Emergency Assistance 
    Act (42 U.S.C. 5170), related to Hurricane Katrina or Hurricane 
    Rita.
        (2) Eligible local educational agencies.--The term ``eligible 
    local educational agency'' means a local educational agency that 
    serves--
            (A) an elementary school or secondary school (including a 
        charter school) in which there is enrolled a displaced student; 
        or
            (B) an area in which there is located an eligible non-
        public school.
        (3) Eligible non-public school.--The term ``eligible non-public 
    school'' means a non-public elementary school or secondary school 
    that--
            (A) is accredited or licensed or otherwise operates in 
        accordance with State law;
            (B) was in existence on August 22, 2005; and
            (C) serves a displaced student on behalf of whom an 
        application for an account has been made pursuant to subsection 
        (c)(2)(A)(ii).
        (4) Eligible bia-funded school.--In this section, the term 
    ``eligible BIA-funded school'' means a school funded by the Bureau 
    of Indian Affairs in which there is enrolled a displaced student.
    (c) Application.--
        (1) State educational agency.--A State educational agency that 
    desires to receive emergency impact aid under this section shall 
    submit an application to the Secretary of Education, not later than 
    7 calendar days after the date by which an application under 
    paragraph (2) must be submitted, in such manner, and accompanied by 
    such information as the Secretary of Education may reasonably 
    require, including--
            (A) information on the total displaced student child count 
        of the State provided by eligible local educational agencies in 
        the State and eligible BIA-funded schools in the State under 
        paragraph (2);
            (B) a description of the process for the parent or guardian 
        of a displaced student enrolled in a non-public school to 
        indicate to the eligible local educational agency serving the 
        area in which such school is located that the student is 
        enrolled in such school;
            (C) a description of the procedure to be used by an 
        eligible local educational agency in such State to provide 
        payments to accounts;
            (D) a description of the process to be used by an eligible 
        local educational agency in such State to obtain--
                (i) attestations of attendance of eligible displaced 
            students from eligible non-public schools, in order for the 
            local educational agency to provide payments to accounts on 
            behalf of eligible displaced students; and
                (ii) attestations from eligible non-public schools that 
            accounts are used only for the purposes described in 
            subsection (e)(1);
            (E) the criteria, including family income, used to 
        determine the eligibility for and the amount of assistance 
        under this section provided on behalf of a displaced student 
        attending an eligible non-public school; and
            (F) the student count for displaced students attending 
        eligible non-public schools.
        (2) Local educational agencies and bia-funded schools.--An 
    eligible local educational agency or eligible BIA-funded school 
    that desires an emergency impact aid payment under this section 
    shall submit an application to the State educational agency, not 
    later than 14 calendar days after the date of the publication of 
    the notice described in subsection (a)(4), in such manner, and 
    accompanied by such information as the State educational agency may 
    reasonably require, including documentation submitted quarterly for 
    the 2005-2006 school year that indicates the following:
            (A) In the case of an eligible local educational agency--
                (i) the number of displaced students enrolled in the 
            elementary schools and secondary schools (including charter 
            schools and including the number of displaced students who 
            are children with disabilities) served by such agency for 
            such quarter;
                (ii) the number of displaced students for whom the 
            eligible local educational agency expects to provide 
            payments to accounts under subsection (d)(3) (including the 
            number of displaced students who are children with 
            disabilities) for such quarter who meet the following 
            criteria--

                    (I) the displaced student enrolled in an eligible 
                non-public school prior to the date of enactment of 
                this Act;
                    (II) the parent or guardian of the displaced 
                student chose to enroll the student in the eligible 
                non-public school in which the student is enrolled; and
                    (III) the parent or guardian of the displaced 
                student submitted, in a timely manner that allows the 
                local educational agency to meet the documentation 
                requirements under this paragraph, an application 
                requesting that the agency make a payment to an account 
                on behalf of the student; and

                (iii) an assurance that the local educational agency 
            will make payments to accounts within 14 calendar days of 
            receipt of funds provided under this section.
            (B) In the case of an eligible BIA-funded school, the 
        number of displaced students, including the number of displaced 
        students who are children with disabilities, enrolled in such 
        school for such quarter.
        (3) Determination of number of displaced students.--In 
    determining the number of displaced students for a quarter under 
    paragraph (2), an eligible local educational agency or eligible 
    BIA-funded school shall include the number of displaced students 
    served--
            (A) in the case of a determination for the first quarterly 
        installment, during the quarter prior to the date of enactment 
        of this Act; and
            (B) in the case of a determination for each subsequent 
        quarterly installment, during the quarter immediately preceding 
        the quarter for which the installment is provided.
    (d) Amount of Emergency Impact Aid.--
        (1) Aid to state educational agencies.--
            (A) In general.--The amount of emergency impact aid 
        received by a State educational agency for the 2005-2006 school 
        year shall equal the sum of--
                (i) the product of the number of displaced students 
            (who are not children with disabilities), as determined by 
            the eligible local educational agencies and eligible BIA-
            funded schools in the State under subsection (c)(2), times 
            $6,000; and
                (ii) the product of the number of displaced students 
            who are children with disabilities, as determined by the 
            eligible local educational agencies and eligible BIA-funded 
            schools in the State under subsection (c)(2), times $7,500.
            (B) Insufficient funds.--If the amount available under this 
        section to provide emergency impact aid under this subsection 
        is insufficient to pay the full amount that a State educational 
        agency is eligible to receive under this section, the Secretary 
        of Education shall ratably reduce the amount of such emergency 
        impact aid.
            (C) Retention of state share.--In the case of a State 
        educational agency that has made a payment prior to the date of 
        enactment of this Act to a local educational agency for the 
        purpose of covering additional costs incurred as a result of 
        enrolling a displaced student in a school served by the local 
        educational agency, the State educational agency may retain a 
        portion of the payment described in paragraph (2)(A)(ii) that 
        bears the same relation to the total amount of the payment 
        under such paragraph as the sum of such prior payments bears to 
        the total cost of attendance for all students in that local 
        educational agency for whom the State educational agency made 
        such prior payments, except that a local educational agency 
        shall not adjust the level of funding provided to accounts 
        under this section based on the State's retention of such 
        amount.
        (2) Aid to eligible local educational agencies and eligible 
    bia-funded schools.--
            (A) Quarterly installments.--
                (i) In general.--A State educational agency shall 
            provide emergency impact aid payments under this section on 
            a quarterly basis for the 2005-2006 school year by such 
            dates as determined by the Secretary of Education. Such 
            quarterly installment payments shall be based on the number 
            of displaced students reported under subsection (c)(2) and 
            in the amount determined under clause (ii).
                (ii) Payment amount.--Each quarterly installment 
            payment under clause (i) shall equal 25 percent of the sum 
            of--

                    (I) the number of displaced students (who are not 
                children with disabilities) reported by the eligible 
                local educational agency or eligible BIA-funded school 
                for such quarter (as determined under subsection 
                (c)(2)) times $6,000; and
                    (II) the number of displaced students who are 
                children with disabilities reported by the eligible 
                local educational agency or eligible BIA-funded school 
                for such quarter (as determined under subsection 
                (c)(2)) times $7,500.

                (iii) Timeline.--The Secretary of Education shall 
            establish a timeline for quarterly reporting on the number 
            of displaced students in order to make the appropriate 
            disbursements in a timely manner.
                (iv) Insufficient funds.--If, for any quarter, the 
            amount available under this section to make payments under 
            this subsection is insufficient to pay the full amount that 
            an eligible local educational agency or eligible BIA-funded 
            school is eligible to receive under this section, the State 
            educational agency shall ratably reduce the amount of such 
            payments.
            (B) Maximum payment to account.--In providing quarterly 
        payments to an account for the 2005-2006 school year on behalf 
        of a displaced student for each quarter that such student is 
        enrolled in a non-public school in the area served by the 
        agency under paragraph (3), an eligible local educational 
        agency may provide not more than 4 quarterly payments to such 
        account (each of which shall be paid not later than 14 calendar 
        days after the date of receipt of each quarterly installment 
        payment received under subparagraph (A)), and the aggregate 
        amount of such payments shall not exceed the lesser of--
                (i)(I) in the case of a displaced student who is not a 
            child with a disability, $6,000; or
                (II) in the case of a displaced student who is a child 
            with a disability, $7,500; or
                (ii) the cost of tuition and fees (and transportation 
            expenses, if any) at the non-public school for the 2005-
            2006 school year.
            (C) Limitation.--A non-public school accessing funds on 
        behalf of a displaced student under this section must waive 
        tuition, or reimburse tuition paid, in an amount equal to the 
        amount accessed.
        (3) Displaced students.--Subject to the succeeding sentence, an 
    eligible local educational agency or eligible BIA-funded school 
    receiving emergency impact aid payments under this section shall 
    use the payments to provide services and assistance to elementary 
    schools and secondary schools (including charter schools) served by 
    such agency, or to such BIA-funded school, that enrolled a 
    displaced student. An eligible local educational agency that 
    receives emergency impact aid payments under this section and that 
    serves an area in which there is located an eligible non-public 
    school shall, at the request of the parent or guardian of a 
    displaced student who meets the criteria described in subsection 
    (c)(2)(A)(ii) and who enrolled in a non-public school in an area 
    served by the agency, use such emergency impact aid payment to 
    provide payment on a quarterly basis (but not to exceed the total 
    amount specified in subsection (d)(2)(B) for the 2005-2006 school 
    year) to an account on behalf of such displaced student.
    (e) Use of Funds.--
        (1) Authorized uses.--The authorized uses of funds are the 
    following:
            (A) Paying the compensation of personnel, including teacher 
        aides, in schools enrolling displaced students.
            (B) Identifying and acquiring curricular material, 
        including the costs of providing additional classroom supplies, 
        and mobile educational units and leasing sites or spaces.
            (C) Basic instructional services for such students, 
        including tutoring, mentoring, or academic counseling.
            (D) Reasonable transportation costs.
            (E) Health and counseling services.
            (F) Education and support services.
        (2) Verification of enrollment for non-public schools.--Before 
    providing a quarterly payment to an account, the eligible local 
    educational agency shall verify with the parent or guardian of a 
    displaced student that such displaced student is, or was, enrolled 
    in the non-public school for such quarter.
        (3) Prohibition.--Funds received under this section shall not 
    be used for construction or major renovation of schools.
        (4) Provision of special education and related services.--
            (A) In general.--In the case of a displaced student who is 
        a child with a disability, any payment made on behalf of such 
        student to an eligible local educational agency or any payment 
        available in an account for such student, shall be used to pay 
        for special education and related services consistent with the 
        Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
        seq.).
            (B) Special rule.--
                (i) Retention.--Notwithstanding any other provision of 
            this section, if an eligible local educational agency 
            provides services to a displaced student attending an 
            eligible non-public school under section 612(a)(10) of the 
            Individuals with Disabilities Education Act (20 U.S.C. 
            1412(a)(10)), the eligible local educational agency may 
            retain a portion of the assistance received under this 
            section on behalf of such student to pay for such services.
                (ii) Determination of portion.--

                    (I) Guidelines.--Each State shall issue guidelines, 
                not later than 14 calendar days after the date of the 
                publication of the notice described in subsection 
                (a)(4), that specify the portion of the assistance that 
                an eligible local educational agency in the State may 
                retain under this subparagraph. Each State shall apply 
                such guidelines in a consistent manner throughout the 
                State.
                    (II) Determination of portion.--The portion 
                specified in the guidelines shall be based on customary 
                costs of providing services under such section 
                612(a)(10) for the local educational agency.

            (C) Definitions.--In this paragraph:
                (i) Special education; related services.--The terms 
            ``special education'' and ``related services'' have the 
            meaning given such terms in section 602 of the Individuals 
            with Disabilities Education Act (20 U.S.C. 1401).
                (ii) Individualized education program.--The term 
            ``individualized education program'' has the meaning given 
            the term in section 614(d)(2) of the Individuals with 
            Disabilities Education Act (20 U.S.C. 1414(d)(2)).
    (f) Return of Aid.--
        (1) Eligible local educational agency or eligible bia-funded 
    school.--An eligible local educational agency or eligible BIA-
    funded school that receives an emergency impact aid payment under 
    this section shall return to the State educational agency any 
    payment provided to the eligible local educational agency or school 
    under this section that the eligible local educational agency or 
    school has not obligated by the end of the 2005-2006 school year in 
    accordance with this section.
        (2) State educational agency.--A State educational agency that 
    receives emergency impact aid under this section, shall return to 
    the Secretary of Education--
            (A) any aid provided to the agency under this section that 
        the agency has not obligated by the end of the 2005-2006 school 
        year in accordance with this section; and
            (B) any payment funds returned to the State educational 
        agency under paragraph (1).
    (g) Limitation on Use of Aid and Payments.--Aid and payments 
provided under this section shall only be used for expenses incurred 
during the 2005-2006 school year.
    (h) Administrative Expenses.--A State educational agency that 
receives emergency impact aid under this section may use not more than 
1 percent of such aid for administrative expenses. An eligible local 
educational agency or eligible BIA-funded school that receives 
emergency impact aid payments under this section may use not more than 
2 percent of such payments for administrative expenses.
    (i) Special Funding Rule.--In calculating funding under section 
8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7703) for an eligible local educational agency that receives an 
emergency impact aid payment under this section, the Secretary of 
Education shall not count displaced students served by such agency for 
whom an emergency impact aid payment is received under this section, 
nor shall such students be counted for the purpose of calculating the 
total number of children in average daily attendance at the schools 
served by such agency as provided in section 8003(b)(3)(B)(i) of such 
Act (20 U.S.C. 7703(b)(3)(B)(i)).
    (j) Notice.--Each State receiving emergency impact aid under this 
section shall provide, to the parent or guardian of each displaced 
student for whom a payment is made under this section to an account who 
resides in such State, notification that--
        (1) such parent or guardian has the option of enrolling such 
    student in a public school or a non-public school; and
        (2) the temporary emergency impact aid for displaced students 
    provided under this section is temporary and is only available for 
    the 2005-2006 school year.
    (k) Bypass.--For a State in which State law prohibits the State 
from using Federal funds to directly provide services on behalf of 
students attending non-public schools and provides that another entity 
shall provide such services, the Secretary of Education shall make such 
arrangements with that entity.
    (l) Redirection of funds.--
        (1) In general.--If a State educational agency or eligible 
    local educational agency is unable to carry out this section, the 
    Secretary of Education shall make such arrangements with the State 
    as the Secretary determines appropriate to carry out this section 
    on behalf of displaced students attending an eligible non-public 
    school in the area served by such agency.
        (2) Special rule.--If an eligible local educational agency does 
    not make a payment to an account within 14 calendar days of receipt 
    of funds provided under this section, then--
            (A) the eligible local educational agency shall return the 
        funds received that quarter for such account to the State 
        educational agency; and
            (B) the State educational agency shall ensure that the 
        proper payment to such account for such quarter is made not 
        later than 14 calendar days after the date of the receipt of 
        funds under subparagraph (A), before any further funds for such 
        account are distributed to the eligible local educational 
        agency.
    (m) Nondiscrimination.--
        (1) Prohibition.--
            (A) In general.--A school that enrolls a displaced student 
        under this section shall not discriminate against students on 
        the basis of race, color, national origin, religion, 
        disability, or sex.
            (B) Applicability.--The prohibition of religious 
        discrimination in subparagraph (A) shall not apply with regard 
        to enrollment for a non-public school that is controlled by a 
        religious organization or organized and operated on the basis 
        of religious tenets, except that the prohibition of religious 
        discrimination shall apply with respect to the enrollment of 
        displaced students assisted under this section.
        (2) Single sex schools, classes, or activities.--
            (A) In general.--To the extent consistent with title IX of 
        the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the 
        prohibition of sex discrimination in paragraph (1)(A) shall not 
        apply to a non-public school that is controlled by a religious 
        organization or organized and operated on the basis of 
        religious tenets if the application of paragraph (1)(A) would 
        not be consistent with the religious tenets of such 
        organization.
            (B) Single sex schools, classes, or activities.--
        Notwithstanding paragraph (1)(A) and to the extent consistent 
        with title IX of the Education Amendments of 1972, a parent or 
        guardian may choose and a non-public school may offer a single 
        sex school, class, or activity.
        (3) General provision.--Nothing in this subtitle may be 
    construed to alter or modify the provisions of the Individuals with 
    Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI of 
    the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of 
    the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and the 
    Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
        (4) Opt-out.--A parent or guardian of a displaced student on 
    behalf of whom a payment to an account is made under this section 
    shall have the option to have such parent or guardian's displaced 
    child opt out of religious worship or religious classes offered by 
    the non-public school in which such student is enrolled and on 
    behalf of whom a payment to an account is made under this section.
        (5) Rule of construction.--The amount of any payment (or other 
    form of support provided on behalf of a displaced student) under 
    this section shall not be treated as income of a parent or guardian 
    of the student for purposes of Federal tax laws or for determining 
    eligibility for any other Federal program.
    (m) Treatment of State Aid.--A State shall not take into 
consideration emergency impact aid payments received under this section 
by a local educational agency in the State in determining the 
eligibility of such local educational agency for State aid, or the 
amount of State aid, with respect to free public education of children.

SEC. 108. SEVERABILITY.

    If any provision of this subtitle, an amendment made by this 
subtitle, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder of 
this subtitle, the amendments made by this subtitle, and the 
application of the provisions of such to any person or circumstance 
shall not be affected thereby.

SEC. 109. AUTHORIZATION OF FUNDS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out sections 102, 106, and 107.

SEC. 110. SUNSET PROVISION.

    Except as provided in section 105, the provisions of this subtitle 
shall be effective for the period beginning on the date of enactment of 
this Act and ending on August 1, 2006.

             Subtitle B--Higher Education Hurricane Relief

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Higher Education Hurricane 
Relief Act of 2005''.

SEC. 202. GENERAL WAIVERS AND MODIFICATIONS.

    (a) Authority.--Notwithstanding any other provision of law, unless 
enacted with specific reference to this section, the Secretary is 
authorized to waive or modify any statutory or regulatory provision 
applicable to the student financial assistance programs under title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), or any 
student or institutional eligibility provisions in the Higher Education 
Act of 1965, as the Secretary deems necessary in connection with a Gulf 
hurricane disaster to ensure that--
        (1) administrative requirements placed on affected students, 
    affected individuals, affected institutions, lenders, guaranty 
    agencies, and grantees are minimized to the extent possible without 
    impairing the integrity of the higher education programs under the 
    Higher Education Act of 1965, to ease the burden on such 
    participants; or
        (2) institutions of higher education, lenders, guaranty 
    agencies, and other entities participating in the student financial 
    assistance programs under title IV of the Higher Education Act of 
    1965, that serve an area affected by a Gulf hurricane disaster, may 
    be granted temporary relief from requirements that are rendered 
    infeasible or unreasonable due to the effects of a Gulf hurricane 
    disaster, including due diligence requirements and reporting 
    deadlines.
    (b) Authority to Extend or Waive Reporting Requirements Under 
Section 131(a).--The Secretary is authorized to extend reporting 
deadlines or waive reporting requirements under section 131(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1015(a)) for an affected 
institution.
    (c) Construction.--Nothing in this subtitle shall be construed--
        (1) to allow the Secretary to waive or modify any applicable 
    statutory or regulatory requirements prohibiting discrimination in 
    a program or activity, or in employment or contracting, under 
    existing law (in existence on the date of the Secretary's action); 
    or
        (2) to authorize any refunding of any repayment of a loan.

SEC. 203. MODIFICATION OF PART A OF TITLE II GRANTS AUTHORIZED.

    The Secretary is authorized to approve modifications to the 
requirements for Teacher Quality Enhancement Grants for States and 
Partnerships under part A of title II of the Higher Education Act of 
1965 (20 U.S.C. 1021 et seq.), at the request of the grantee--
        (1) to assist States and local educational agencies to recruit 
    and retain highly qualified teachers in a school district located 
    in an area affected by a Gulf hurricane disaster; and
        (2) to assist institutions of higher education, located in such 
    area to recruit and retain faculty necessary to prepare teachers 
    and provide professional development.

SEC. 204. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR B OF TITLE III, 
              AND OTHER GRANTS.

    The Secretary is authorized to modify the required and allowable 
uses of funds under chapters 1 and 2 of subpart 2 of part A of title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq., 1070a-21 
et seq.), under part A or B of title III (20 U.S.C. 1057 et seq., 1060 
et seq.), and under any other competitive grant program, at the request 
of an affected institution or other grantee, with respect to affected 
institutions and other grantees located in an area affected by a Gulf 
hurricane disaster. The Secretary may not, under the authority of this 
section, authorize any new construction, renovation, or improvement of 
classrooms, libraries, laboratories, or other instructional facilities 
that is not authorized under the institution's grant award, as in 
effect on the date of enactment of this Act, under part A or B of title 
III of such Act.

SEC. 205. PROFESSIONAL JUDGMENT.

    A financial aid administrator shall be considered to be making an 
adjustment in accordance with section 479A(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1087tt(a)) if the financial aid administrator 
makes the adjustment with respect to the calculation of the expected 
student or parent contribution (or both) for an affected student, or 
for a student or a parent who resides or resided on August 29, 2005, or 
was employed on August 29, 2005, in an area affected by a Gulf 
hurricane disaster. The financial aid administrator shall adequately 
document the need for the adjustment.

SEC. 206. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR 
              PELL GRANTS.

    (a) In General.--The Secretary shall make special efforts, in 
conjunction with State efforts, to notify affected students and if 
applicable, their parents, who qualify for means-tested Federal benefit 
programs, of their potential eligibility for a maximum Pell Grant, and 
shall disseminate such informational materials as the Secretary deems 
appropriate.
    (b) Means-Tested Federal Benefit Program.--For the purpose of this 
section, the term ``means-tested Federal benefit program'' means a 
mandatory spending program of the Federal Government, other than a 
program under the Higher Education Act of 1965, in which eligibility 
for the program's benefits, or the amount of such benefits, or both, 
are determined on the basis of income or resources of the individual or 
family seeking the benefit, and may include such programs as the 
supplemental security income program under title XVI of the Social 
Security Act, the food stamp program under the Food Stamp Act of 1977, 
the free and reduced price school lunch program established under the 
Richard B. Russell National School Lunch Act, the temporary assistance 
to needy families program established under part A of title IV of the 
Social Security Act, and the women, infants, and children program 
established under section 17 of the Child Nutrition Act of 1966, and 
other programs identified by the Secretary.

SEC. 207. PROCEDURES.

    (a) Regulatory Requirements Inapplicable.--Sections 482(c) and 492 
of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a), section 
437 of the General Education Provisions Act (20 U.S.C. 1232), and 
section 553 of title 5, United States Code, shall not apply to this 
subtitle.
    (b) Notice of Waivers, Modifications, or Extensions.--
Notwithstanding section 437 of the General Education Provisions Act (20 
U.S.C. 1232) and section 553 of title 5, United States Code, the 
Secretary shall make publicly available the waivers, modifications, or 
extensions granted under this subtitle.
    (c) Case-by-Case Basis.--The Secretary is not required to exercise 
any waiver or modification authority under this subtitle on a case-by-
case basis.

SEC. 208. TERMINATION OF AUTHORITY.

    The authority of the Secretary to issue waivers or modifications 
under this subtitle shall expire at the conclusion of the 2005-2006 
academic year.

SEC. 209. DEFINITIONS.

    For the purposes of this subtitle, the following terms have the 
following meanings:
        (1) Affected individual.--The term ``affected individual'' 
    means an individual who has applied for or received student 
    financial assistance under title IV of the Higher Education Act of 
    1965, and--
            (A) who is an affected student; or
            (B) whose primary place of employment or residency was, as 
        of August 29, 2005, in an area affected by a Gulf hurricane 
        disaster.
        (2) Affected institution.--
            (A) In general.--The term ``affected institution'' means an 
        institution of higher education that--
                (i) is located in an area affected by a Gulf hurricane 
            disaster; and
                (ii) has temporarily ceased operations as a consequence 
            of a Gulf hurricane disaster, as determined by the 
            Secretary.
            (B) Length of time.--In determining eligibility for 
        assistance under this subtitle, the Secretary, using 
        consistent, objective criteria, shall determine the time period 
        for which an institution of higher education is an affected 
        institution.
            (C) Special rule.--An organizational unit of an affected 
        institution that is not impacted by a Gulf hurricane disaster 
        shall not be considered as part of such affected institution 
        for purposes of receiving assistance under this subtitle.
        (3) Affected state.--The term ``affected State'' means the 
    State of Alabama, Florida, Louisiana, Mississippi, or Texas.
        (4) Affected student.--The term ``affected student'' means an 
    individual who was enrolled or accepted for enrollment on August 
    29, 2005, at an affected institution.
        (5) Area affected by a gulf hurricane disaster.--The term 
    ``area affected by a Gulf hurricane disaster'' means a county or 
    parish, in an affected State, that has been designated by the 
    Federal Emergency Management Agency for disaster assistance for 
    individuals and households as a result of Hurricane Katrina or 
    Hurricane Rita.
        (6) Cancelled enrollment period.--The term ``cancelled 
    enrollment period'' means any period of enrollment at an affected 
    institution during the academic year 2005-2006, during which 
    students were unable to attend such institution.
        (7) Gulf hurricane disaster.--The term ``Gulf hurricane 
    disaster'' means a major disaster that the President declared to 
    exist, in accordance with section 401 of the Robert T. Stafford 
    Disaster Relief and Emergency Assistance Act, and that was caused 
    by Hurricane Katrina or Hurricane Rita.
        (8) Institution of higher education.--The term ``institution of 
    higher education'' means--
            (A) an institution covered by the definition of such term 
        in section 101 of the Higher Education Act of 1965 (20 U.S.C. 
        1001); and
            (B) an institution described in subparagraph (A) or (B) of 
        section 102(a)(1) of such Act (20 U.S.C. 1002(a)(1)(A), (B)).
        (9) Qualified student loan.--The term ``qualified student 
    loan'' means any loan made, insured, or guaranteed under part B, D, 
    or E of title IV of the Higher Education Act of 1965, other than a 
    loan under section 428B of such title or a Federal Direct Plus 
    loan.
        (10) Qualified parent loan.--The term ``qualified parent loan'' 
    means a loan made under section 428B of title IV of the Higher 
    Education Act of 1965 or a Federal Direct Plus loan.
        (11) Secretary.--The term ``Secretary'' means the Secretary of 
    Education.

      Subtitle C--Education and Related Programs Hurricane Relief

SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE INDIVIDUALS 
              WITH DISABILITIES EDUCATION ACT TO FACILITATE THE 
              PROVISION OF EDUCATIONAL SERVICES TO CHILDREN WITH 
              DISABILITIES.

    (a) Authority.--The Secretary of Education may enter into an 
agreement described in subsection (b) with an eligible entity to extend 
certain deadlines under the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.) related to providing special education and 
related services, including early intervention services, to individuals 
adversely affected by a Gulf hurricane disaster.
    (b) Terms of Agreements.--An agreement referred to in subsection 
(a) is an agreement with an eligible entity made in accordance with 
subsection (e) that may extend the applicable deadlines under one or 
more of the following sections:
        (1) Section 611(e)(3)(C)(ii) of such Act, by extending up to an 
    additional 60 days the 90 day deadline for developing a State plan 
    for the high cost fund.
        (2) Section 612(a)(15)(C) of such Act, by extending up to an 
    additional 60 days the deadline for submission of the annual report 
    to the Secretary of Education and the public regarding the progress 
    of the State and of children with disabilities in the State.
        (3) Section 612(a)(16)(D) of such Act, by extending up to an 
    additional 60 days the deadline for making available reports 
    regarding the participation in assessments and the performance on 
    such assessments of children with disabilities.
        (4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up to 
    an additional 30 days the 60 day deadline for the initial 
    evaluation to determine whether a child is a child with a 
    disability for purposes of the provision of special education and 
    related services to such child.
        (5) Section 616(b)(1)(A) of such Act, by extending up to an 
    additional 60 days the deadline for finalization of the State 
    performance plan.
        (6) Section 641(e)(1)(D) of such Act, by extending up to an 
    additional 60 days the deadline for submission to the Governor of a 
    State and the Secretary of Education of the report on the status of 
    early intervention programs for infants and toddlers with 
    disabilities and their families operated within the State.
    (c) Rule of Construction.--Nothing in this section shall be 
construed--
        (1) as permitting the waiver of--
            (A) any applicable Federal civil rights law;
            (B) any student or family privacy protections, including 
        provisions requiring parental consent for evaluations and 
        services;
            (C) any procedural safeguards required under section 615 or 
        section 639 of the Individuals with Disabilities Education Act; 
        or
            (D) any requirements not specified in subsection (b) of 
        this section; or
        (2) as removing the obligation of the eligible entity to 
    provide a child with a disability or an infant or toddler with a 
    disability and their families--
            (A) a free appropriate public education under part B of the 
        Individuals with Disabilities Education Act; or
            (B) early intervention services under part C of such Act.
    (d) Duration of Agreement.--An agreement under this section shall 
terminate at the conclusion of the 2005-2006 academic year.
    (e) Request to Enter Into Agreement.--To enter into an agreement 
under this section, an eligible entity shall submit a request to the 
Secretary of Education at such time, in such manner, and containing 
such information as the Secretary may require.

SEC. 302. HEAD START AND CHILD CARE AND DEVELOPMENT BLOCK GRANT.

    (a) Head Start.--
        (1) Technical assistance, guidance, and resources.--From the 
    amount made available for Head Start in this Act, the Secretary of 
    Health and Human Services shall provide training and technical 
    assistance, guidance, and resources through the Region 4 and Region 
    6 offices of the Administration for Children and Families (and may 
    provide training and technical assistance, guidance, and resources 
    through other regional offices of the Administration, at the 
    request of such offices that administer affected Head Start 
    agencies and Early Head Start entities) to Head Start agencies and 
    Early Head Start entities in areas affected by a Gulf hurricane 
    disaster, and to affected Head Start agencies and Early Head Start 
    entities, to assist the agencies and entities involved to address 
    the health and counseling needs of infants, toddlers, and young 
    children affected by a Gulf hurricane disaster. Such training and 
    technical assistance may be provided by contract or cooperative 
    agreement with qualified national, regional, or local providers.
        (2) Waiver.--For such period up to September 30, 2006, and to 
    such extent as the Secretary considers appropriate, the Secretary 
    of Health and Human Services--
            (A) may waive section 640(b) of the Head Start Act for Head 
        Start agencies located in an area affected by a Gulf hurricane 
        disaster, and other affected Head Start agencies and Early Head 
        Start agencies; and
            (B) shall waive requirements of documentation for 
        individuals adversely affected by a Gulf hurricane disaster who 
        participate in a Head Start program or an Early Head Start 
        program funded under the Head Start Act.
    (b) Child Care and Development Block Grant.--
        (1) Child care and development block grant act of 1990.--For 
    such period up to September 30, 2006, and to such extent as the 
    Secretary considers to be appropriate, the Secretary of Health and 
    Human Services may waive, for any affected State, and any State 
    serving significant numbers of individuals adversely affected by a 
    Gulf hurricane disaster, provisions of the Child Care and 
    Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)--
            (A) relating to Federal income limitations on eligibility 
        to receive child care services for which assistance is provided 
        under such Act;
            (B) relating to work requirements applicable to eligibility 
        to receive child care services for which assistance is provided 
        under such Act;
            (C) relating to limitations on the use of funds under 
        section 658G of the Child Care and Development Block Grant Act 
        of 1990;
            (D) preventing children designated as evacuees from 
        receiving priority for child care services provided under such 
        Act, except that children residing in a State and currently 
        receiving services should not lose such services to accommodate 
        evacuee children; and
            (E) relating to any non-Federal or capital contribution 
        required (including copayment or other cost sharing by parents 
        receiving child care assistance) to match Federal funds 
        provided under programs administered by the Secretary of Health 
        and Human Services;
        (2) Technical assistance and guidance.--The Secretary may 
    provide assistance to States for the purpose of providing training, 
    technical assistance, and guidance to eligible child care providers 
    (as defined in section 658P of the Child Care and Development Block 
    Grant Act of 1990) who are licensed and regulated, as applicable, 
    by the States, to enable such providers to provide child care 
    services for children and families described in paragraph (1). Such 
    training and technical assistance may be provided through 
    intermediary organizations, including those with demonstrated 
    experience in providing training and technical assistance to 
    programs serving school-age children up to age 13, involved in 
    reinstituting child care services on a broad scale in areas 
    affected by a Gulf hurricane disaster.

SEC. 303. DEFINITIONS.

    (a) In General.--Unless otherwise specified in this subtitle, the 
terms used in this subtitle have the meanings given the terms in 
section 9101 of the Elementary and Secondary Education Act of 1965.
    (b) Additional Definitions.--For the purposes of this subtitle:
        (1) Affected head start agencies and early head start 
    agencies.--The term ``affected Head Start Agencies and Early Head 
    Start Agencies'' means a Head Start agency receiving a significant 
    number of children from an area in which a Gulf hurricane disaster 
    has been declared.
        (2) Affected state.--The term ``affected State'' means the 
    State of Alabama, Florida, Louisiana, Mississippi, or Texas.
        (3) Area affected by a gulf hurricane disaster.--The term 
    ``area affected by a Gulf hurricane disaster'' means a county or 
    parish, in an affected State, that has been designated by the 
    Federal Emergency Management Agency for disaster assistance for 
    individuals and households as a result of Hurricane Katrina or 
    Hurricane Rita.
        (4) Child with a disability.--The term ``child with a 
    disability'' has the meaning given such term in section 602(3) of 
    the Individuals with Disabilities Education Act.
        (5) Eligible entity.--The term ``eligible entity'' means--
            (A) a local educational agency (as defined in section 
        602(19) of the Individuals with Disabilities Education Act) if 
        such agency is located in a State or in an area of a State with 
        respect to which the President has declared that a Gulf 
        hurricane disaster exists;
            (B) a State educational agency (as defined in section 
        602(32) of such Act) if such agency is located in a State with 
        respect to which the President has declared that a Gulf 
        hurricane disaster exists; or
            (C) a State interagency coordinating council established 
        under section 641 of such Act if such council is located in a 
        State with respect to which the President has declared that a 
        Gulf hurricane disaster exists.
        (6) Gulf hurricane disaster.--The term ``Gulf hurricane 
    disaster'' means a major disaster that the President declared to 
    exist, in accordance with section 401 of the Robert T. Stafford 
    Disaster Relief and Emergency Assistance Act, and that was caused 
    by Hurricane Katrina or Hurricane Rita.
        (7) Highly qualified.--The term ``highly qualified''--
            (A) in the case of a special education teacher, has the 
        meaning given such term in section 602 of the Individuals with 
        Disabilities Education Act; and
            (B) in the case of any other elementary, middle, or 
        secondary school teacher, has the meaning given such term in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965.
        (8) Individual adversely affected by a gulf hurricane 
    disaster.--The term ``individual adversely affected by a Gulf 
    hurricane disaster'' means an individual who, on August 29, 2005, 
    was living, working, or attending school in an area in which the 
    President has declared to exist a Gulf hurricane disaster.
        (9) Infant or toddler with a disability.--The term ``infant or 
    toddler with a disability'' has the meaning given such term in 
    section 632(5) of the Individuals with Disabilities Education Act.

                                TITLE V

              GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

    Sec. 5001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 5002. Except as expressly provided otherwise, any reference to 
``this Act'' contained in either division A or division B shall be 
treated as referring only to the provisions of that division.
    Sec. 5003. Effective upon the enactment of this Act, none of the 
funds appropriated or otherwise made available by the 2001 Emergency 
Supplemental Appropriations Act for Recovery from and Response to 
Terrorist Attacks on the United States (Public Law 107-38) shall be 
transferred to or from the Emergency Response Fund.
    Sec. 5004. Title I of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2006 
(Public Law 109-97) is amended in the paragraph under the heading 
``Cooperative State Research, Education, and Extension Service, 
Research and Education Activities'' (109 Stat. 2126) by inserting ``, 
to remain available until expended'' after ``for a veterinary medicine 
loan repayment program pursuant to section 1415A of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3101 et seq.), $500,000''.
    Sec. 5005. Section 207 of division C of Public Law 108-447 is 
amended by inserting ``, and any effects of inflation thereon,'' after 
the word ``increase''.
    Sec. 5006. The matter under the heading ``Water and Related 
Resources'' in Public Law 109-103 is amended by inserting before the 
period at the end the following: ``: Provided further, That $10,000,000 
of the funds appropriated under this heading shall be deposited in the 
San Gabriel Basin Restoration Fund established by section 110 of title 
I of appendix D of Public Law 106-554''.
    Sec. 5007. The funds appropriated in Public Law 109-103 under the 
heading ``Bureau of Reclamation, Water and Related Resources'' for the 
Placer County, California Sub-Regional Wastewater Treatment Project are 
hereby transferred to and merged with the amount appropriated in such 
public law under the heading ``Corps of Engineers--Civil, 
Construction'', and shall be used for the construction of such project 
under the same terms and conditions that would have been applicable if 
such funds had originally been appropriated to the Corps of Engineers.
    Sec. 5008. Section 118 of Public Law 109-103 is amended by striking 
``106-541'' and inserting ``106-53'' in lieu thereof.
    Sec. 5009. Public Law 109-103 is amended under the heading ``Corps 
of Engineers--Civil, Investigations'', by striking ``Provided further, 
That using $8,000,000'' and all that follows to the end of the 
paragraph, and inserting in lieu thereof, ``Provided further, That 
using $8,000,000 of the funds provided herein, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to conduct a 
comprehensive hurricane protection analysis and design at full federal 
expense to develop and present a full range of flood control, coastal 
restoration, and hurricane protection measures exclusive of normal 
policy considerations for South Louisiana and the Secretary shall 
submit a preliminary technical report for comprehensive Category 5 
protection within 6 months of enactment of this Act and a final 
technical report for Category 5 protection within 24 months of 
enactment of this Act: Provided further, That the Secretary shall 
consider providing protection for a storm surge equivalent to a 
Category 5 hurricane within the project area and may submit reports on 
component areas of the larger protection program for authorization as 
soon as practicable: Provided further, That the analysis shall be 
conducted in close coordination with the State of Louisiana and its 
appropriate agencies.''.
    Sec. 5010. Funds made available under the heading ``Construction, 
Rehabilitation, Operation and Maintenance, Western Area Power 
Administration'' in Public Law 109-103 shall be available for the 
operation, maintenance, and purchase, through transfer, exchange, or 
sale, of one helicopter for replacement only.
    Sec. 5011. (a) In addition to the amounts provided elsewhere in 
this Act, $50,000,000 is hereby appropriated to the Department of 
Labor, to remain available until expended, for payment to the New York 
State Uninsured Employers Fund for reimbursement of claims related to 
the September 11, 2001, terrorist attacks on the United States and for 
reimbursement of claims related to the first response emergency 
services personnel who were injured, were disabled, or died due to such 
terrorist attacks.
    (b) In addition to the amounts provided elsewhere in this Act, 
$75,000,000 is hereby appropriated to the Centers for Disease Control 
and Prevention, to remain available until expended, for purposes 
related to the September 11, 2001, terrorist attacks on the United 
States. In expending such funds, the Director of the Centers for 
Disease Control and Prevention shall: (1) give first priority to 
existing programs that administer baseline and follow-up screening, 
clinical examinations, or long-term medical health monitoring, 
analysis, or treatment for emergency services personnel or rescue and 
recovery personnel, as coordinated by the Mount Sinai Center for 
Occupational and Environmental Medicine of New York City, the New York 
City Fire Department's Bureau of Health Services and Counseling 
Services Unit, the New York City Police Foundation's Project COPE, the 
Police Organization Providing Peer Assistance of New York City, and the 
New York City Department of Health and Mental Hygiene's World Trade 
Center Health Registry; and (2) give secondary priority to similar 
programs coordinated by other entities working with the State of New 
York and New York City.
    (c) Each amount appropriated in this section is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.
    Sec. 5012. The Flexibility for Displaced Workers Act (Public Law 
109-72) is amended by striking ``Hurricane Katrina'' each place it 
appears and inserting ``hurricanes in the Gulf of Mexico in calendar 
year 2005''.
    Sec. 5013. Section 124 of Public Law 109-114 is amended by 
inserting before the period at the end the following: ``: Provided 
further, That nothing in this section precludes the Secretary of a 
military department, after notifying the congressional defense 
committees and waiting 21 days, from using funds derived under section 
2601, chapter 403, chapter 603, or chapter 903 of title 10, United 
States Code, for the maintenance or repair of General and Flag Officer 
Quarters at the military service academy under the jurisdiction of that 
Secretary: Provided further, That each Secretary of a military 
department shall provide an annual report by February 15 to the 
congressional defense committees on the amount of funds that were 
derived under section 2601, chapter 403, chapter 603, or chapter 903 of 
title 10, United States Code in the previous year and were obligated 
for the construction, improvement, repair, or maintenance of any 
military facility or infrastructure''.
    Sec. 5014. Section 128 of Public Law 109-114 is amended as 
follows--
        (1) by inserting after ``support'' the following: ``a 
    continuing mission or function at that installation or''; and
        (2) by inserting after the last period the following: ``This 
    section shall not apply to military construction projects, land 
    acquisition, or family housing projects for which the project is 
    vital to the national security or the protection of health, safety, 
    or environmental quality: Provided, That the Secretary of Defense 
    shall notify the congressional defense committees within seven days 
    of a decision to carry out such a military construction project.''.
    Sec. 5015. The amount provided for ``Military Construction, Army'' 
in Public Law 109-114 is hereby reduced by $8,100,000 for the Special 
Operations Free Fall Simulator at Yuma Proving Ground, Arizona.
    The amount provided for ``Military Construction, Army'' in Public 
Law 109-114 is hereby increased by $8,100,000 for the Upgrade 
Wastewater Treatment Plant at Yuma Proving Ground, Arizona.
    Sec. 5016. The last paragraph of Public Law 109-114 is amended by 
inserting ``Military Construction,'' before ``Military Quality''.
    Sec. 5017. (a) Section 613 of Public Law 109-108 is amended by 
striking ``$500,000 shall be for a grant to Warren County, Virginia, 
for a community enhancement project;'' and inserting ``$250,000 shall 
be for a grant to Warren County, Virginia, for a community enhancement 
project; $250,000 shall be for a grant to The ARC of Loudoun County for 
land acquisition and construction;''.
    (b) Section 619(a) of division B in Public Law 108-447 is amended 
by striking ``$50,000 shall be available for a grant for the Promesa 
Foundation in the Bronx, New York, to provide community growth 
funding;'' and inserting ``$50,000 shall be available for a grant to 
the Promesa Foundation to provide financial assistance to New York area 
families and organizations under a youth sports and recreational 
initiative;''.
    (c) Section 621 of division B in Public Law 108-199 is amended by 
striking ``$200,000 shall be available for a grant for the Promesa 
Foundation in South Bronx, New York, to provide community growth 
funding;'' and inserting ``$200,000 shall be available for a grant to 
the Promesa Foundation to provide financial assistance to New York area 
families and organizations under a youth sports and recreational 
initiative;''.
    (d) Section 625 of division B in Public Law 108-7 is amended by 
striking ``$200,000 shall be available for a grant for the Promesa 
Foundation in South Bronx, New York to provide community growth 
funding;'' and inserting ``$200,000 shall be available for a grant to 
the Promesa Foundation to provide financial assistance to New York area 
families and organizations under a youth sports and recreational 
initiative;''.
    Sec. 5018. Public Law 109-108 is amended under the heading ``State 
and Local Law Enforcement Assistance'' in subparagraph 4 by striking 
``authorized by subpart 2 of part E, of title I of the 1968 Act, 
notwithstanding the provisions of section 511 of said Act''.


                           (Transfer of Funds)

    Sec. 5019. The unobligated and unexpended balances of the amount 
appropriated under the heading ``United States-Canada Railroad 
Commission'' by chapter 9 of title II of Public Law 107-20 shall be 
transferred as a direct lump-sum payment to the University of Alaska.
    Sec. 5020. The matter under the heading ``Federal Transit 
Administration, capital investment grants'' in title I of division A of 
Public Law 109-115 is amended by striking ``Virginia, $26,000,000'' and 
inserting ``Virginia, $30,000,000''; by striking ``Ohio, $24,770,000'' 
and inserting ``Ohio, $24,774,513''; and by striking ``Metro, 
Pennsylvania, $2,000,000'' and inserting ``Metro, Pennsylvania, 
$4,000,000''.
    Sec. 5021. For purposes of compliance with section 205 of Public 
Law 109-115, a reduction in taxpayer service shall include, but not be 
limited to, any reduction in available hours of telephone taxpayer 
assistance on a daily, weekly and monthly basis below the levels in 
existence during the month of October 2005.
    Sec. 5022. The referenced statement of the managers under the 
heading ``Community development fund'' in Public Law 108-447 is amended 
with respect to item number 145 by striking ``Putnam County, Missouri'' 
and inserting ``Sullivan County, Missouri''.
    Sec. 5023. The statement of the managers correction referenced 
under the second paragraph of the heading ``Community development 
fund'' in title III of Public Law 109-115 (as in effect pursuant to H. 
Con. Res. 308, 109th Congress) is deemed to be amended--
        (1) with respect to item number 65 by striking ``$125,000 to 
    Esperanza Mercado Project, California for the Esperanza Community 
    Maple-Mae Project;'' and inserting ``$125,000 to the Esperanza 
    Community Housing Corporation, Los Angeles, California for the 
    Mercado La Paloma project;'';
        (2) with respect to item number 840 by striking ``$100,000 to 
    Gwen's Girls, Inc. in Pittsburgh, Pennsylvania for construction of 
    a residential facility;'' and inserting ``$100,000 to the 
    Bloomfield-Garfield Association in Pittsburgh, Pennsylvania for 
    acquisition and demolition;'';
        (3) with respect to item number 411 by striking ``$200,000 to 
    the City of Holyoke, Massachusetts for renovations of facility for 
    Solutions Development Corporation;'' and inserting ``$200,000 to 
    Solutions Development Inc. of Holyoke, Massachusetts for facility 
    renovations;'';
        (4) with respect to item number 314 by striking ``$225,000 to 
    the City of Harvey, Illinois for demolition and redevelopment of 
    property to aid the community;'' and inserting ``$225,000 to the 
    Village of Riverdale, Illinois for planning, design, acquisition, 
    and demolition;'';
        (5) with respect to item number 715 by striking ``39th'' and 
    inserting ``59th'';
        (6) with respect to item number 26 by striking ``Center'' and 
    inserting ``College'';
        (7) with respect to item number 372 by striking ``Fairview, 
    Kansas'' and inserting ``Fairway, Kansas'';
        (8) with respect to item number 584 by striking ``City of 
    Asheville, North Carolina for the renovation of the Asheville 
    Veterans Memorial Stadium'' and inserting ``UNC Asheville Science 
    and Multimedia Center, City of Asheville, North Carolina for the 
    construction of a new science and multi-media building''; and
        (9) with respect to item number 341 by striking ``Village of 
    Northfield, IL'' and inserting ``Northfield Park District of 
    Illinois''.
    Sec. 5024. The referenced statement of the managers under the 
heading ``Community development fund'' in title II of division I of 
Public Law 108-447 is deemed to be amended with respect to item 571 by 
striking ``$575,000 to the Metropolitan Development Association in 
Syracuse, New York for the Essential New York Initiative'' and 
inserting ``$200,000 to the Monroe County Industrial Development Agency 
for streetscape and infrastructure improvements to the Medley Center in 
the Town of Irondequoit, New York; $90,000 to the City of Syracuse, New 
York for facilities and equipment improvements for the Syracuse Food 
Bank; $200,000 to the City of Syracuse, New York for renovations and 
infrastructure improvements to the Lofts on Willow Urban Village 
project; and, $85,000 to Cayuga County, New York for the CIVIC Heritage 
Historical Society for the construction of a history center;''.
    Sec. 5025. Effective upon the enactment of this Act, none of the 
funds appropriated or otherwise made available by the 2001 Emergency 
Supplemental Appropriations Act for Recovery from and Response to 
Terrorist Attacks on the United States (Public Law 107-38) shall be 
transferred to or from the Emergency Response Fund.
    This division may be cited as the ``Emergency Supplemental 
Appropriations Act to Address Hurricanes in the Gulf of Mexico and 
Pandemic Influenza, 2006''.

      DIVISION C--PUBLIC READINESS AND EMERGENCY PREPAREDNESS ACT

SEC. 1. SHORT TITLE.

    This division may be cited as the ``Public Readiness and Emergency 
Preparedness Act''.

SEC. 2. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC AND EPIDEMIC 
              PRODUCTS AND SECURITY COUNTERMEASURES.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 319F-2 the following 
section:

``SEC. 319F-3. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC AND EPIDEMIC 
              PRODUCTS AND SECURITY COUNTERMEASURES.

    ``(a) Liability Protections.--
        ``(1) In general.--Subject to the other provisions of this 
    section, a covered person shall be immune from suit and liability 
    under Federal and State law with respect to all claims for loss 
    caused by, arising out of, relating to, or resulting from the 
    administration to or the use by an individual of a covered 
    countermeasure if a declaration under subsection (b) has been 
    issued with respect to such countermeasure.
        ``(2) Scope of claims for loss.--
            ``(A) Loss.--For purposes of this section, the term `loss' 
        means any type of loss, including--
                ``(i) death;
                ``(ii) physical, mental, or emotional injury, illness, 
            disability, or condition;
                ``(iii) fear of physical, mental, or emotional injury, 
            illness, disability, or condition, including any need for 
            medical monitoring; and
                ``(iv) loss of or damage to property, including 
            business interruption loss.
         Each of clauses (i) through (iv) applies without regard to the 
        date of the occurrence, presentation, or discovery of the loss 
        described in the clause.
            ``(B) Scope.--The immunity under paragraph (1) applies to 
        any claim for loss that has a causal relationship with the 
        administration to or use by an individual of a covered 
        countermeasure, including a causal relationship with the 
        design, development, clinical testing or investigation, 
        manufacture, labeling, distribution, formulation, packaging, 
        marketing, promotion, sale, purchase, donation, dispensing, 
        prescribing, administration, licensing, or use of such 
        countermeasure.
        ``(3) Certain conditions.--Subject to the other provisions of 
    this section, immunity under paragraph (1) with respect to a 
    covered countermeasure applies only if--
            ``(A) the countermeasure was administered or used during 
        the effective period of the declaration that was issued under 
        subsection (b) with respect to the countermeasure;
            ``(B) the countermeasure was administered or used for the 
        category or categories of diseases, health conditions, or 
        threats to health specified in the declaration; and
            ``(C) in addition, in the case of a covered person who is a 
        program planner or qualified person with respect to the 
        administration or use of the countermeasure, the countermeasure 
        was administered to or used by an individual who--
                ``(i) was in a population specified by the declaration; 
            and
                ``(ii) was at the time of administration physically 
            present in a geographic area specified by the declaration 
            or had a connection to such area specified in the 
            declaration.
        ``(4) Applicability of certain conditions.--With respect to 
    immunity under paragraph (1) and subject to the other provisions of 
    this section:
            ``(A) In the case of a covered person who is a manufacturer 
        or distributor of the covered countermeasure involved, the 
        immunity applies without regard to whether such countermeasure 
        was administered to or used by an individual in accordance with 
        the conditions described in paragraph (3)(C).
            ``(B) In the case of a covered person who is a program 
        planner or qualified person with respect to the administration 
        or use of the covered countermeasure, the scope of immunity 
        includes circumstances in which the countermeasure was 
        administered to or used by an individual in circumstances in 
        which the covered person reasonably could have believed that 
        the countermeasure was administered or used in accordance with 
        the conditions described in paragraph (3)(C).
        ``(5) Effect of distribution method.--The provisions of this 
    section apply to a covered countermeasure regardless of whether 
    such countermeasure is obtained by donation, commercial sale, or 
    any other means of distribution, except to the extent that, under 
    paragraph (2)(E) of subsection (b), the declaration under such 
    subsection provides that subsection (a) applies only to covered 
    countermeasures obtained through a particular means of 
    distribution.
        ``(6) Rebuttable presumption.--For purposes of paragraph (1), 
    there shall be a rebuttable presumption that any administration or 
    use, during the effective period of the emergency declaration by 
    the Secretary under subsection (b), of a covered countermeasure 
    shall have been for the category or categories of diseases, health 
    conditions, or threats to health with respect to which such 
    declaration was issued.
    ``(b) Declaration by Secretary.--
        ``(1) Authority to issue declaration.--Subject to paragraph 
    (2), if the Secretary makes a determination that a disease or other 
    health condition or other threat to health constitutes a public 
    health emergency, or that there is a credible risk that the 
    disease, condition, or threat may in the future constitute such an 
    emergency, the Secretary may make a declaration, through 
    publication in the Federal Register, recommending, under conditions 
    as the Secretary may specify, the manufacture, testing, 
    development, distribution, administration, or use of one or more 
    covered countermeasures, and stating that subsection (a) is in 
    effect with respect to the activities so recommended.
        ``(2) Contents.--In issuing a declaration under paragraph (1), 
    the Secretary shall identify, for each covered countermeasure 
    specified in the declaration--
            ``(A) the category or categories of diseases, health 
        conditions, or threats to health for which the Secretary 
        recommends the administration or use of the countermeasure;
            ``(B) the period or periods during which, including as 
        modified by paragraph (3), subsection (a) is in effect, which 
        period or periods may be designated by dates, or by milestones 
        or other description of events, including factors specified in 
        paragraph (6);
            ``(C) the population or populations of individuals for 
        which subsection (a) is in effect with respect to the 
        administration or use of the countermeasure (which may be a 
        specification that such subsection applies without geographic 
        limitation to all individuals);
            ``(D) the geographic area or areas for which subsection (a) 
        is in effect with respect to the administration or use of the 
        countermeasure (which may be a specification that such 
        subsection applies without geographic limitation), including, 
        with respect to individuals in the populations identified under 
        subparagraph (C), a specification, as determined appropriate by 
        the Secretary, of whether the declaration applies only to 
        individuals physically present in such areas or whether in 
        addition the declaration applies to individuals who have a 
        connection to such areas, which connection is described in the 
        declaration; and
            ``(E) whether subsection (a) is effective only to a 
        particular means of distribution as provided in subsection 
        (a)(5) for obtaining the countermeasure, and if so, the 
        particular means to which such subsection is effective.
        ``(3) Effective period of declaration.--
            ``(A) Flexibility of period.--The Secretary may, in 
        describing periods under paragraph (2)(B), have different 
        periods for different covered persons to address different 
        logistical, practical or other differences in responsibilities.
            ``(B) Additional time to be specified.--In each declaration 
        under paragraph (1), the Secretary, after consulting, to the 
        extent the Secretary deems appropriate, with the manufacturer 
        of the covered countermeasure, shall also specify a date that 
        is after the ending date specified under paragraph (2)(B) and 
        that allows what the Secretary determines is--
                ``(i) a reasonable period for the manufacturer to 
            arrange for disposition of the covered countermeasure, 
            including the return of such product to the manufacturer; 
            and
                ``(ii) a reasonable period for covered persons to take 
            such other actions as may be appropriate to limit 
            administration or use of the covered countermeasure.
            ``(C) Additional period for certain strategic national 
        stockpile countermeasures.--With respect to a covered 
        countermeasure that is in the stockpile under section 319F-2, 
        if such countermeasure was the subject of a declaration under 
        paragraph (1) at the time that it was obtained for the 
        stockpile, the effective period of such declaration shall 
        include a period when the countermeasure is administered or 
        used pursuant to a distribution or release from the stockpile.
        ``(4) Amendments to declaration.--The Secretary may through 
    publication in the Federal Register amend any portion of a 
    declaration under paragraph (1). Such an amendment shall not 
    retroactively limit the applicability of subsection (a) with 
    respect to the administration or use of the covered countermeasure 
    involved.
        ``(5) Certain disclosures.--In publishing a declaration under 
    paragraph (1) in the Federal Register, the Secretary is not 
    required to disclose any matter described in section 552(b) of 
    title 5, United States Code.
        ``(6) Factors to be considered.--In deciding whether and under 
    what circumstances or conditions to issue a declaration under 
    paragraph (1) with respect to a covered countermeasure, the 
    Secretary shall consider the desirability of encouraging the 
    design, development, clinical testing or investigation, 
    manufacture, labeling, distribution, formulation, packaging, 
    marketing, promotion, sale, purchase, donation, dispensing, 
    prescribing, administration, licensing, and use of such 
    countermeasure.
        ``(7) Judicial review.--No court of the United States, or of 
    any State, shall have subject matter jurisdiction to review, 
    whether by mandamus or otherwise, any action by the Secretary under 
    this subsection.
        ``(8) Preemption of state law.--During the effective period of 
    a declaration under subsection (b), or at any time with respect to 
    conduct undertaken in accordance with such declaration, no State or 
    political subdivision of a State may establish, enforce, or 
    continue in effect with respect to a covered countermeasure any 
    provision of law or legal requirement that--
            ``(A) is different from, or is in conflict with, any 
        requirement applicable under this section; and
            ``(B) relates to the design, development, clinical testing 
        or investigation, formulation, manufacture, distribution, sale, 
        donation, purchase, marketing, promotion, packaging, labeling, 
        licensing, use, any other aspect of safety or efficacy, or the 
        prescribing, dispensing, or administration by qualified persons 
        of the covered countermeasure, or to any matter included in a 
        requirement applicable to the covered countermeasure under this 
        section or any other provision of this Act, or under the 
        Federal Food, Drug, and Cosmetic Act.
        ``(9) Report to congress.--Within 30 days after making a 
    declaration under paragraph (1), the Secretary shall submit to the 
    appropriate committees of the Congress a report that provides an 
    explanation of the reasons for issuing the declaration and the 
    reasons underlying the determinations of the Secretary with respect 
    to paragraph (2). Within 30 days after making an amendment under 
    paragraph (4), the Secretary shall submit to such committees a 
    report that provides the reasons underlying the determination of 
    the Secretary to make the amendment.
    ``(c) Definition of Willful Misconduct.--
        ``(1) Definition.--
            ``(A) In general.--Except as the meaning of such term is 
        further restricted pursuant to paragraph (2), the term `willful 
        misconduct' shall, for purposes of subsection (d), denote an 
        act or omission that is taken--
                ``(i) intentionally to achieve a wrongful purpose;
                ``(ii) knowingly without legal or factual 
            justification; and
                ``(iii) in disregard of a known or obvious risk that is 
            so great as to make it highly probable that the harm will 
            outweigh the benefit.
            ``(B) Rule of construction.--The criterion stated in 
        subparagraph (A) shall be construed as establishing a standard 
        for liability that is more stringent than a standard of 
        negligence in any form or recklessness.
        ``(2) Authority to promulgate regulatory definition.--
            ``(A) In general.--The Secretary, in consultation with the 
        Attorney General, shall promulgate regulations, which may be 
        promulgated through interim final rules, that further restrict 
        the scope of actions or omissions by a covered person that may 
        qualify as `willful misconduct' for purposes of subsection (d).
            ``(B) Factors to be considered.--In promulgating the 
        regulations under this paragraph, the Secretary, in 
        consultation with the Attorney General, shall consider the need 
        to define the scope of permissible civil actions under 
        subsection (d) in a way that will not adversely affect the 
        public health.
            ``(C) Temporal scope of regulations.--The regulations under 
        this paragraph may specify the temporal effect that they shall 
        be given for purposes of subsection (d).
            ``(D) Initial rulemaking.--Within 180 days after the 
        enactment of the Public Readiness and Emergency Preparedness 
        Act, the Secretary, in consultation with the Attorney General, 
        shall commence and complete an initial rulemaking process under 
        this paragraph.
        ``(3) Proof of willful misconduct.--In an action under 
    subsection (d), the plaintiff shall have the burden of proving by 
    clear and convincing evidence willful misconduct by each covered 
    person sued and that such willful misconduct caused death or 
    serious physical injury.
        ``(4) Defense for acts or omissions taken pursuant to 
    secretary's declaration.--Notwithstanding any other provision of 
    law, a program planner or qualified person shall not have engaged 
    in `willful misconduct' as a matter of law where such program 
    planner or qualified person acted consistent with applicable 
    directions, guidelines, or recommendations by the Secretary 
    regarding the administration or use of a covered countermeasure 
    that is specified in the declaration under subsection (b), provided 
    either the Secretary, or a State or local health authority, was 
    provided with notice of information regarding serious physical 
    injury or death from the administration or use of a covered 
    countermeasure that is material to the plaintiff's alleged loss 
    within 7 days of the actual discovery of such information by such 
    program planner or qualified person.
        ``(5) Exclusion for regulated activity of manufacturer or 
    distributor.--
            ``(A) In general.--If an act or omission by a manufacturer 
        or distributor with respect to a covered countermeasure, which 
        act or omission is alleged under subsection (e)(3)(A) to 
        constitute willful misconduct, is subject to regulation by this 
        Act or by the Federal Food, Drug, and Cosmetic Act, such act or 
        omission shall not constitute `willful misconduct' for purposes 
        of subsection (d) if--
                ``(i) neither the Secretary nor the Attorney General 
            has initiated an enforcement action with respect to such 
            act or omission; or
                ``(ii) such an enforcement action has been initiated 
            and the action has been terminated or finally resolved 
            without a covered remedy.
        Any action or proceeding under subsection (d) shall be stayed 
        during the pendency of such an enforcement action.
            ``(B) Definitions.--For purposes of this paragraph, the 
        following terms have the following meanings:
                ``(i) Enforcement action.--The term `enforcement 
            action' means a criminal prosecution, an action seeking an 
            injunction, a seizure action, a civil monetary proceeding 
            based on willful misconduct, a mandatory recall of a 
            product because voluntary recall was refused, a proceeding 
            to compel repair or replacement of a product, a termination 
            of an exemption under section 505(i) or 520(g) of the 
            Federal Food, Drug, and Cosmetic Act, a debarment 
            proceeding, an investigator disqualification proceeding 
            where an investigator is an employee or agent of the 
            manufacturer, a revocation, based on willful misconduct, of 
            an authorization under section 564 of such Act, or a 
            suspension or withdrawal, based on willful misconduct, of 
            an approval or clearance under chapter V of such Act or of 
            a licensure under section 351 of this Act.
                ``(ii) Covered remedy.--The term `covered remedy' means 
            an outcome--

                    ``(I) that is a criminal conviction, an injunction, 
                or a condemnation, a civil monetary payment, a product 
                recall, a repair or replacement of a product, a 
                termination of an exemption under section 505(i) or 
                520(g) of the Federal Food, Drug, and Cosmetic Act, a 
                debarment, an investigator disqualification, a 
                revocation of an authorization under section 564 of 
                such Act, or a suspension or withdrawal of an approval 
                or clearance under chapter 5 of such Act or of a 
                licensure under section 351 of this Act; and
                    ``(II) that results from a final determination by a 
                court or from a final agency action.

                ``(iii) Final.--The terms `final' and `finally'--

                    ``(I) with respect to a court determination, or to 
                a final resolution of an enforcement action that is a 
                court determination, mean a judgment from which an 
                appeal of right cannot be taken or a voluntary or 
                stipulated dismissal; and
                    ``(II) with respect to an agency action, or to a 
                final resolution of an enforcement action that is an 
                agency action, mean an order that is not subject to 
                further review within the agency and that has not been 
                reversed, vacated, enjoined, or otherwise nullified by 
                a final court determination or a voluntary or 
                stipulated dismissal.

            ``(C) Rules of construction.--
                ``(i) In general.--Nothing in this paragraph shall be 
            construed--

                    ``(I) to affect the interpretation of any provision 
                of the Federal Food, Drug, and Cosmetic Act, of this 
                Act, or of any other applicable statute or regulation; 
                or
                    ``(II) to impair, delay, alter, or affect the 
                authority, including the enforcement discretion, of the 
                United States, of the Secretary, of the Attorney 
                General, or of any other official with respect to any 
                administrative or court proceeding under this Act, 
                under the Federal Food, Drug, and Cosmetic Act, under 
                title 18 of the United States Code, or under any other 
                applicable statute or regulation.

                ``(ii) Mandatory recalls.--A mandatory recall called 
            for in the declaration is not a Food and Drug 
            Administration enforcement action.
    ``(d) Exception to Immunity of Covered Persons.--
        ``(1) In general.--Subject to subsection (f), the sole 
    exception to the immunity from suit and liability of covered 
    persons set forth in subsection (a) shall be for an exclusive 
    Federal cause of action against a covered person for death or 
    serious physical injury proximately caused by willful misconduct, 
    as defined pursuant to subsection (c), by such covered person. For 
    purposes of section 2679(b)(2)(B) of title 28, United States Code, 
    such a cause of action is not an action brought for violation of a 
    statute of the United States under which an action against an 
    individual is otherwise authorized.
        ``(2) Persons who can sue.--An action under this subsection may 
    be brought for wrongful death or serious physical injury by any 
    person who suffers such injury or by any representative of such a 
    person.
    ``(e) Procedures for Suit.--
        ``(1) Exclusive federal jurisdiction.--Any action under 
    subsection (d) shall be filed and maintained only in the United 
    States District Court for the District of Columbia.
        ``(2) Governing law.--The substantive law for decision in an 
    action under subsection (d) shall be derived from the law, 
    including choice of law principles, of the State in which the 
    alleged willful misconduct occurred, unless such law is 
    inconsistent with or preempted by Federal law, including provisions 
    of this section.
        ``(3) Pleading with particularity.--In an action under 
    subsection (d), the complaint shall plead with particularity each 
    element of the plaintiff's claim, including--
            ``(A) each act or omission, by each covered person sued, 
        that is alleged to constitute willful misconduct relating to 
        the covered countermeasure administered to or used by the 
        person on whose behalf the complaint was filed;
            ``(B) facts supporting the allegation that such alleged 
        willful misconduct proximately caused the injury claimed; and
            ``(C) facts supporting the allegation that the person on 
        whose behalf the complaint was filed suffered death or serious 
        physical injury.
        ``(4) Verification, certification, and medical records.--
            ``(A) In general.--In an action under subsection (d), the 
        plaintiff shall verify the complaint in the manner stated in 
        subparagraph (B) and shall file with the complaint the 
        materials described in subparagraph (C). A complaint that does 
        not substantially comply with subparagraphs (B) and (C) shall 
        not be accepted for filing and shall not stop the running of 
        the statute of limitations.
            ``(B) Verification requirement.--
                ``(i) In general.--The complaint shall include a 
            verification, made by affidavit of the plaintiff under 
            oath, stating that the pleading is true to the knowledge of 
            the deponent, except as to matters specifically identified 
            as being alleged on information and belief, and that as to 
            those matters the plaintiff believes it to be true.
                ``(ii) Identification of matters alleged upon 
            information and belief.--Any matter that is not 
            specifically identified as being alleged upon the 
            information and belief of the plaintiff, shall be regarded 
            for all purposes, including a criminal prosecution, as 
            having been made upon the knowledge of the plaintiff.
            ``(C) Materials required.--In an action under subsection 
        (d), the plaintiff shall file with the complaint--
                ``(i) an affidavit, by a physician who did not treat 
            the person on whose behalf the complaint was filed, 
            certifying, and explaining the basis for such physician's 
            belief, that such person suffered the serious physical 
            injury or death alleged in the complaint and that such 
            injury or death was proximately caused by the 
            administration or use of a covered countermeasure; and
                ``(ii) certified medical records documenting such 
            injury or death and such proximate causal connection.
        ``(5) Three-judge court.--Any action under subsection (d) shall 
    be assigned initially to a panel of three judges. Such panel shall 
    have jurisdiction over such action for purposes of considering 
    motions to dismiss, motions for summary judgment, and matters 
    related thereto. If such panel has denied such motions, or if the 
    time for filing such motions has expired, such panel shall refer 
    the action to the chief judge for assignment for further 
    proceedings, including any trial. Section 1253 of title 28, United 
    States Code, and paragraph (3) of subsection (b) of section 2284 of 
    title 28, United States Code, shall not apply to actions under 
    subsection (d).
        ``(6) Civil discovery.--
            ``(A) Timing.--In an action under subsection (d), no 
        discovery shall be allowed--
                ``(i) before each covered person sued has had a 
            reasonable opportunity to file a motion to dismiss;
                ``(ii) in the event such a motion is filed, before the 
            court has ruled on such motion; and
                ``(iii) in the event a covered person files an 
            interlocutory appeal from the denial of such a motion, 
            before the court of appeals has ruled on such appeal.
            ``(B) Standard.--Notwithstanding any other provision of 
        law, the court in an action under subsection (d) shall permit 
        discovery only with respect to matters directly related to 
        material issues contested in such action, and the court shall 
        compel a response to a discovery request (including a request 
        for admission, an interrogatory, a request for production of 
        documents, or any other form of discovery request) under Rule 
        37, Federal Rules of Civil Procedure, only if the court finds 
        that the requesting party needs the information sought to prove 
        or defend as to a material issue contested in such action and 
        that the likely benefits of a response to such request equal or 
        exceed the burden or cost for the responding party of providing 
        such response.
        ``(7) Reduction in award of damages for collateral source 
    benefits.--
            ``(A) In general.--In an action under subsection (d), the 
        amount of an award of damages that would otherwise be made to a 
        plaintiff shall be reduced by the amount of collateral source 
        benefits to such plaintiff.
            ``(B) Provider of collateral source benefits not to have 
        lien or subrogation.--No provider of collateral source benefits 
        shall recover any amount against the plaintiff or receive any 
        lien or credit against the plaintiff's recovery or be equitably 
        or legally subrogated to the right of the plaintiff in an 
        action under subsection (d).
            ``(C) Collateral source benefit defined.--For purposes of 
        this paragraph, the term `collateral source benefit' means any 
        amount paid or to be paid in the future to or on behalf of the 
        plaintiff, or any service, product, or other benefit provided 
        or to be provided in the future to or on behalf of the 
        plaintiff, as a result of the injury or wrongful death, 
        pursuant to--
                ``(i) any State or Federal health, sickness, income-
            disability, accident, or workers' compensation law;
                ``(ii) any health, sickness, income-disability, or 
            accident insurance that provides health benefits or income-
            disability coverage;
                ``(iii) any contract or agreement of any group, 
            organization, partnership, or corporation to provide, pay 
            for, or reimburse the cost of medical, hospital, dental, or 
            income disability benefits; or
                ``(iv) any other publicly or privately funded program.
        ``(8) Noneconomic damages.--In an action under subsection (d), 
    any noneconomic damages may be awarded only in an amount directly 
    proportional to the percentage of responsibility of a defendant for 
    the harm to the plaintiff. For purposes of this paragraph, the term 
    `noneconomic damages' means damages for losses for physical and 
    emotional pain, suffering, inconvenience, physical impairment, 
    mental anguish, disfigurement, loss of enjoyment of life, loss of 
    society and companionship, loss of consortium, hedonic damages, 
    injury to reputation, and any other nonpecuniary losses.
        ``(9) Rule 11 sanctions.--Whenever a district court of the 
    United States determines that there has been a violation of Rule 11 
    of the Federal Rules of Civil Procedure in an action under 
    subsection (d), the court shall impose upon the attorney, law firm, 
    or parties that have violated Rule 11 or are responsible for the 
    violation, an appropriate sanction, which may include an order to 
    pay the other party or parties for the reasonable expenses incurred 
    as a direct result of the filing of the pleading, motion, or other 
    paper that is the subject of the violation, including a reasonable 
    attorney's fee. Such sanction shall be sufficient to deter 
    repetition of such conduct or comparable conduct by others 
    similarly situated, and to compensate the party or parties injured 
    by such conduct.
        ``(10) Interlocutory appeal.--The United States Court of 
    Appeals for the District of Columbia Circuit shall have 
    jurisdiction of an interlocutory appeal by a covered person taken 
    within 30 days of an order denying a motion to dismiss or a motion 
    for summary judgment based on an assertion of the immunity from 
    suit conferred by subsection (a) or based on an assertion of the 
    exclusion under subsection (c)(5).
    ``(f) Actions by and Against the United States.--Nothing in this 
section shall be construed to abrogate or limit any right, remedy, or 
authority that the United States or any agency thereof may possess 
under any other provision of law or to waive sovereign immunity or to 
abrogate or limit any defense or protection available to the United 
States or its agencies, instrumentalities, officers, or employees under 
any other law, including any provision of chapter 171 of title 28, 
United States Code (relating to tort claims procedure).
    ``(g) Severability.--If any provision of this section, or the 
application of such provision to any person or circumstance, is held to 
be unconstitutional, the remainder of this section and the application 
of such remainder to any person or circumstance shall not be affected 
thereby.
    ``(h) Rule of Construction Concerning National Vaccine Injury 
Compensation Program.--Nothing in this section, or any amendment made 
by the Public Readiness and Emergency Preparedness Act, shall be 
construed to affect the National Vaccine Injury Compensation Program 
under title XXI of this Act.
    ``(i) Definitions.--In this section:
        ``(1) Covered countermeasure.--The term `covered 
    countermeasure' means--
            ``(A) a qualified pandemic or epidemic product (as defined 
        in paragraph (7));
            ``(B) a security countermeasure (as defined in section 
        319F-2(c)(1)(B)); or
            ``(C) a drug (as such term is defined in section 201(g)(1) 
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        321(g)(1)), biological product (as such term is defined by 
        section 351(i) of this Act), or device (as such term is defined 
        by section 201(h) of the Federal Food, Drug and Cosmetic Act 
        (21 U.S.C. 321(h)) that is authorized for emergency use in 
        accordance with section 564 of the Federal Food, Drug, and 
        Cosmetic Act.
        ``(2) Covered person.--The term `covered person', when used 
    with respect to the administration or use of a covered 
    countermeasure, means--
            ``(A) the United States; or
            ``(B) a person or entity that is--
                ``(i) a manufacturer of such countermeasure;
                ``(ii) a distributor of such countermeasure;
                ``(iii) a program planner of such countermeasure;
                ``(iv) a qualified person who prescribed, administered, 
            or dispensed such countermeasure; or
                ``(v) an official, agent, or employee of a person or 
            entity described in clause (i), (ii), (iii), or (iv).
        ``(3) Distributor.--The term `distributor' means a person or 
    entity engaged in the distribution of drugs, biologics, or devices, 
    including but not limited to manufacturers; repackers; common 
    carriers; contract carriers; air carriers; own-label distributors; 
    private-label distributors; jobbers; brokers; warehouses, and 
    wholesale drug warehouses; independent wholesale drug traders; and 
    retail pharmacies.
        ``(4) Manufacturer.--The term `manufacturer' includes--
            ``(A) a contractor or subcontractor of a manufacturer;
            ``(B) a supplier or licenser of any product, intellectual 
        property, service, research tool, or component or other article 
        used in the design, development, clinical testing, 
        investigation, or manufacturing of a covered countermeasure; 
        and
            ``(C) any or all of the parents, subsidiaries, affiliates, 
        successors, and assigns of a manufacturer.
        ``(5) Person.--The term `person' includes an individual, 
    partnership, corporation, association, entity, or public or private 
    corporation, including a Federal, State, or local government agency 
    or department.
        ``(6) Program planner.--The term `program planner' means a 
    State or local government, including an Indian tribe, a person 
    employed by the State or local government, or other person who 
    supervised or administered a program with respect to the 
    administration, dispensing, distribution, provision, or use of a 
    security countermeasure or a qualified pandemic or epidemic 
    product, including a person who has established requirements, 
    provided policy guidance, or supplied technical or scientific 
    advice or assistance or provides a facility to administer or use a 
    covered countermeasure in accordance with a declaration under 
    subsection (b).
        ``(7) Qualified pandemic or epidemic product.--The term 
    `qualified pandemic or epidemic product' means a drug (as such term 
    is defined in section 201(g)(1) of the Federal Food, Drug, and 
    Cosmetic Act (21 U.S.C. 321(g)(1)), biological product (as such 
    term is defined by section 351(i) of this Act), or device (as such 
    term is defined by section 201(h) of the Federal Food, Drug and 
    Cosmetic Act (21 U.S.C. 321(h)) that is--
            ``(A)(i) a product manufactured, used, designed, developed, 
        modified, licensed, or procured--
                ``(I) to diagnose, mitigate, prevent, treat, or cure a 
            pandemic or epidemic; or
                ``(II) to limit the harm such pandemic or epidemic 
            might otherwise cause; or
            ``(ii) a product manufactured, used, designed, developed, 
        modified, licensed, or procured to diagnose, mitigate, prevent, 
        treat, or cure a serious or life-threatening disease or 
        condition caused by a product described in clause (i); and
            ``(B)(i) approved or cleared under chapter V of the Federal 
        Food, Drug, and Cosmetic Act or licensed under section 351 of 
        this Act;
            ``(ii) the object of research for possible use as described 
        by subparagraph (A) and is the subject of an exemption under 
        section 505(i) or 520(g) of the Federal Food, Drug, and 
        Cosmetic Act; or
            ``(iii) authorized for emergency use in accordance with 
        section 564 of the Federal Food, Drug, and Cosmetic Act.
        ``(8) Qualified person.--The term `qualified person', when used 
    with respect to the administration or use of a covered 
    countermeasure, means--
            ``(A) a licensed health professional or other individual 
        who is authorized to prescribe, administer, or dispense such 
        countermeasures under the law of the State in which the 
        countermeasure was prescribed, administered, or dispensed; or
            ``(B) a person within a category of persons so identified 
        in a declaration by the Secretary under subsection (b).
        ``(9) Security countermeasure.--The term `security 
    countermeasure' has the meaning given such term in section 319F-
    2(c)(1)(B).
        ``(10) Serious physical injury.--The term `serious physical 
    injury' means an injury that--
            ``(A) is life threatening;
            ``(B) results in permanent impairment of a body function or 
        permanent damage to a body structure; or
            ``(C) necessitates medical or surgical intervention to 
        preclude permanent impairment of a body function or permanent 
        damage to a body structure.''.

SEC. 3. COVERED COUNTERMEASURE PROCESS.

    Part B of title III of the Public Health Service Act is further 
amended by inserting after section 319F-3 (as added by section 2) the 
following new section:

``SEC. 319F-4. COVERED COUNTERMEASURE PROCESS.

    ``(a) Establishment of Fund.--Upon the issuance by the Secretary of 
a declaration under section 319F-3(b), there is hereby established in 
the Treasury an emergency fund designated as the `Covered 
Countermeasure Process Fund' for purposes of providing timely, uniform, 
and adequate compensation to eligible individuals for covered injuries 
directly caused by the administration or use of a covered 
countermeasure pursuant to such declaration, which Fund shall consist 
of such amounts designated as emergency appropriations under section 
402 of H. Con. Res. 95 of the 109th Congress, this emergency 
designation shall remain in effect through October 1, 2006.
    ``(b) Payment of Compensation.--
        ``(1) In general.--If the Secretary issues a declaration under 
    319F-3(b), the Secretary shall, after amounts have by law been 
    provided for the Fund under subsection (a), provide compensation to 
    an eligible individual for a covered injury directly caused by the 
    administration or use of a covered countermeasure pursuant to such 
    declaration.
        ``(2) Elements of compensation.--The compensation that shall be 
    provided pursuant to paragraph (1) shall have the same elements, 
    and be in the same amount, as is prescribed by sections 264, 265, 
    and 266 in the case of certain individuals injured as a result of 
    administration of certain countermeasures against smallpox, except 
    that section 266(a)(2)(B) shall not apply.
        ``(3) Rule of construction.--Neither reasonable and necessary 
    medical benefits nor lifetime total benefits for lost employment 
    income due to permanent and total disability shall be limited by 
    section 266.
        ``(4) Determination of eligibility and compensation.--Except as 
    provided in this section, the procedures for determining, and for 
    reviewing a determination of, whether an individual is an eligible 
    individual, whether such individual has sustained a covered injury, 
    whether compensation may be available under this section, and the 
    amount of such compensation shall be those stated in section 262 
    (other than in subsection (d)(2) of such section), in regulations 
    issued pursuant to that section, and in such additional or 
    alternate regulations as the Secretary may promulgate for purposes 
    of this section. In making determinations under this section, other 
    than those described in paragraph (5)(A) as to the direct causation 
    of a covered injury, the Secretary may only make such determination 
    based on compelling, reliable, valid, medical and scientific 
    evidence.
        ``(5) Covered countermeasure injury table.--
            ``(A) In general.--The Secretary shall by regulation 
        establish a table identifying covered injuries that shall be 
        presumed to be directly caused by the administration or use of 
        a covered countermeasure and the time period in which the first 
        symptom or manifestation of onset of each such adverse effect 
        must manifest in order for such presumption to apply. The 
        Secretary may only identify such covered injuries, for purpose 
        of inclusion on the table, where the Secretary determines, 
        based on compelling, reliable, valid, medical and scientific 
        evidence that administration or use of the covered 
        countermeasure directly caused such covered injury.
            ``(B) Amendments.--The provisions of section 263 (other 
        than a provision of subsection (a)(2) of such section that 
        relates to accidental vaccinia inoculation) shall apply to the 
        table established under this section.
            ``(C) Judicial review.--No court of the United States, or 
        of any State, shall have subject matter jurisdiction to review, 
        whether by mandamus or otherwise, any action by the Secretary 
        under this paragraph.
        ``(6) Meanings of terms.--In applying sections 262, 263, 264, 
    265, and 266 for purposes of this section--
            ``(A) the terms `vaccine' and `smallpox vaccine' shall be 
        deemed to mean a covered countermeasure;
            ``(B) the terms `smallpox vaccine injury table' and `table 
        established under section 263' shall be deemed to refer to the 
        table established under paragraph (4); and
            ``(C) other terms used in those sections shall have the 
        meanings given to such terms by this section.
    ``(c) Voluntary Program.--The Secretary shall ensure that a State, 
local, or Department of Health and Human Services plan to administer or 
use a covered countermeasure is consistent with any declaration under 
319F-3 and any applicable guidelines of the Centers for Disease Control 
and Prevention and that potential participants are educated with 
respect to contraindications, the voluntary nature of the program, and 
the availability of potential benefits and compensation under this 
part.
    ``(d) Exhaustion; Exclusivity; Election.--
        ``(1) Exhaustion.--Subject to paragraph (5), a covered 
    individual may not bring a civil action under section 319F-3(d) 
    against a covered person (as such term is defined in section 319F-
    3(i)(2)) unless such individual has exhausted such remedies as are 
    available under subsection (a), except that if amounts have not by 
    law been provided for the Fund under subsection (a), or if the 
    Secretary fails to make a final determination on a request for 
    benefits or compensation filed in accordance with the requirements 
    of this section within 240 days after such request was filed, the 
    individual may seek any remedy that may be available under section 
    319F-3(d).
        ``(2) Tolling of statute of limitations.--The time limit for 
    filing a civil action under section 319F-3(d) for an injury or 
    death shall be tolled during the pendency of a claim for 
    compensation under subsection (a).
        ``(3) Rule of construction.--This section shall not be 
    construed as superseding or otherwise affecting the application of 
    a requirement, under chapter 171 of title 28, United States Code, 
    to exhaust administrative remedies.
        ``(4) Exclusivity.--The remedy provided by subsection (a) shall 
    be exclusive of any other civil action or proceeding for any claim 
    or suit this section encompasses, except for a proceeding under 
    section 319F-3.
        ``(5) Election.--If under subsection (a) the Secretary 
    determines that a covered individual qualifies for compensation, 
    the individual has an election to accept the compensation or to 
    bring an action under section 319F-3(d). If such individual elects 
    to accept the compensation, the individual may not bring such an 
    action.
    ``(e) Definitions.--For purposes of this section, the following 
terms shall have the following meanings:
        ``(1) Covered countermeasure.--The term `covered 
    countermeasure' has the meaning given such term in section 319F-3.
        ``(2) Covered individual.--The term `covered individual', with 
    respect to administration or use of a covered countermeasure 
    pursuant to a declaration, means an individual--
            ``(A) who is in a population specified in such declaration, 
        and with respect to whom the administration or use of the 
        covered countermeasure satisfies the other specifications of 
        such declaration; or
            ``(B) who uses the covered countermeasure, or to whom the 
        covered countermeasure is administered, in a good faith belief 
        that the individual is in the category described by 
        subparagraph (A).
        ``(3) Covered injury.--The term `covered injury' means serious 
    physical injury or death.
        ``(4) Declaration.--The term `declaration' means a declaration 
    under section 319F-3(b).
        ``(5) Eligible individual.--The term `eligible individual' 
    means an individual who is determined, in accordance with 
    subsection (b), to be a covered individual who sustains a covered 
    injury.''.
    This Act may be cited as the ``Department of Defense, Emergency 
Supplemental Appropriations to Address Hurricanes in the Gulf of 
Mexico, and Pandemic Influenza Act, 2006''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.`