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[109th Congress Public Law 148]
[From the U.S. Government Printing Office]

[DOCID: f:publ148.109]

[[Page 2679]]

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

[[Page 119 STAT. 2680]]

Public Law 109-148
109th Congress

                                 An Act

 
Making appropriations for the Department of Defense for the fiscal year 
  ending September 30, 2006, and for other purposes. <<NOTE: Dec. 30, 
                         2005 -  [H.R. 2863]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Department of Defense, 
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf 
of Mexico, and Pandemic Influenza Act, 2006. Department of Defense 
Appropriations Act, 2006.>> 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.

[[Page 119 STAT. 2681]]

                    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

[[Page 119 STAT. 2682]]

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

[[Page 119 STAT. 2683]]

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

[[Page 119 STAT. 2684]]

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.

[[Page 119 STAT. 2685]]

              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.

[[Page 119 STAT. 2686]]

                     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.

[[Page 119 STAT. 2687]]

                 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

[[Page 119 STAT. 2688]]

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.

[[Page 119 STAT. 2689]]

                     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

[[Page 119 STAT. 2690]]

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,

[[Page 119 STAT. 2691]]

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.

[[Page 119 STAT. 2692]]

                     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

[[Page 119 STAT. 2693]]

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,

[[Page 119 STAT. 2694]]

$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

[[Page 119 STAT. 2695]]

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

[[Page 119 STAT. 2696]]

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.

[[Page 119 STAT. 2697]]

                               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. <<NOTE: 10 USC 1584 note.>> 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: <<NOTE: Notification.>> 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

[[Page 119 STAT. 2698]]

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. <<NOTE: Notification.>> 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. <<NOTE: Contracts. Notification. 10 USC 2306b 
note.>> 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--

[[Page 119 STAT. 2699]]

            (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. <<NOTE: 10 USC 401 note.>> 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. <<NOTE: Reports.>> 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.

[[Page 119 STAT. 2700]]

    Sec. <<NOTE: Notification.>> 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. <<NOTE: Lobbying.>> 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, <<NOTE: Applicability.>> 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

[[Page 119 STAT. 2701]]

        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, <<NOTE: Certification.>> 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

[[Page 119 STAT. 2702]]

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: <<NOTE: Regulations.>> 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: <<NOTE: Certification.>> 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. <<NOTE: Contracts.>> 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, <<NOTE: Applicability.>> 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: <<NOTE: 15 USC 637 note.>> Provided 
further, That, during the current fiscal year and hereafter, businesses 
certified as 8(a) by the Small

[[Page 119 STAT. 2703]]

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. <<NOTE: Kuwait.>> 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

[[Page 119 STAT. 2704]]

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) <<NOTE: Reports.>> 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. <<NOTE: 10 USC 101 note.>> 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

[[Page 119 STAT. 2705]]

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: <<NOTE: Certification.>> 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. <<NOTE: 41 USC 10b-2 note.>> (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) <<NOTE: Reports. Customs duties.>> 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. <<NOTE: President. 10 USC 221 note.>> 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. <<NOTE: 10 USC 374 note.>> 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.

[[Page 119 STAT. 2706]]

                      (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) <<NOTE: Housing. Native Americans. State listing.>> 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.

[[Page 119 STAT. 2707]]

    Sec. 8038. <<NOTE: 50 USC 403u note.>> 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--

[[Page 119 STAT. 2708]]

            (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;

[[Page 119 STAT. 2709]]

            ``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. <<NOTE: Certification.>> 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. <<NOTE: 10 USC 374 note.>> (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

[[Page 119 STAT. 2710]]

agency of the United States except as specifically provided in an 
appropriations law.

    (b) <<NOTE: 50 USC 403f note.>> 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. <<NOTE: 10 USC 2865 note.>> 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. <<NOTE: Contracts. Employment.>> 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

[[Page 119 STAT. 2711]]

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. <<NOTE: Notification.>> (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

[[Page 119 STAT. 2712]]

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.

[[Page 119 STAT. 2713]]

    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) <<NOTE: Applicability.>> 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

[[Page 119 STAT. 2714]]

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 <<NOTE: Human rights.>> 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. <<NOTE: Reports.>> 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

[[Page 119 STAT. 2715]]

to the congressional defense committees that it is in the national 
interest to do so.

    Sec. 8073. <<NOTE: Reports. Deadline.>> 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) <<NOTE: Notification.>> 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.

[[Page 119 STAT. 2716]]

            (2) <<NOTE: Notification.>> 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.

[[Page 119 STAT. 2717]]

    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. <<NOTE: Alcohol and alcoholic beverages. 10 USC 2488 
note.>> 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, <<NOTE: Contracts. Applicability.>> 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. <<NOTE: Applicability. 10 USC 113 note.>> 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.

[[Page 119 STAT. 2718]]

    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) <<NOTE: Gifts and property.>> 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.

[[Page 119 STAT. 2719]]

                      (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) <<NOTE: Applicability.>> 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

[[Page 119 STAT. 2720]]

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''. <<NOTE: Grants.>> 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, <<NOTE: Grants.>> 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

[[Page 119 STAT. 2721]]

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. <<NOTE: Military working dog.>> 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. <<NOTE: Federal budget. 10 USC 221 note.>> 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,

[[Page 119 STAT. 2722]]

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. <<NOTE: California.>> (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) <<NOTE: Grants.>> 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. <<NOTE: Notification.>> (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.

[[Page 119 STAT. 2723]]

                      (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, <<NOTE: Reports.>> 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-

[[Page 119 STAT. 2724]]

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, <<NOTE: Reports. Deadline.>> 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) <<NOTE: Applicability.>> 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

[[Page 119 STAT. 2725]]

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) <<NOTE: Iraq. Afghanistan.>> 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--

[[Page 119 STAT. 2726]]

                    (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

[[Page 119 STAT. 2727]]

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) <<NOTE: 37 USC 1009 note.>> 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.

[[Page 119 STAT. 2728]]

    Sec. 8126. <<NOTE: Support Our Scouts Act of 2005. 10 USC 101 
note. 5 USC 301 note.>> 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

[[Page 119 STAT. 2729]]

                      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) <<NOTE: 10 USC 2554 note.>> 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--

[[Page 119 STAT. 2730]]

            ``(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. <<NOTE: 10 USC note prec. 2601.>> 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.

[[Page 119 STAT. 2731]]

    (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. <<NOTE: Termination date.>> 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.

[[Page 119 STAT. 2732]]

                        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: <<NOTE: Reports.>> 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.

[[Page 119 STAT. 2733]]

              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, <<NOTE: Notification.>> 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: <<NOTE: Reports. Deadline.>> 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.

[[Page 119 STAT. 2734]]

                        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.

[[Page 119 STAT. 2735]]

                      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.

[[Page 119 STAT. 2736]]

                           (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: <<NOTE: Notification.>> 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 <<NOTE: Notification. Deadline.>> 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).

[[Page 119 STAT. 2737]]

    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: <<NOTE: Reports. Deadline.>> 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 <<NOTE: Reports.>> 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. <<NOTE: Reports. Deadline.>> (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:

[[Page 119 STAT. 2738]]

                    (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.

[[Page 119 STAT. 2739]]

                    (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 <<NOTE: Detainee Treatment Act of 2005.>> X--MATTERS RELATING TO 
DETAINEES

SEC. 1001. <<NOTE: 42 USC 2000dd note.>> SHORT TITLE.

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

SEC. 1002. <<NOTE: 10 USC 801 note.>> 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. <<NOTE: 42 USC 2000dd.>> 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.

[[Page 119 STAT. 2740]]

    (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. <<NOTE: 42 USC 2000dd-1.>> 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. <<NOTE: 10 USC 801 note.>> 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 <<NOTE: Reports. Deadline.>> 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

[[Page 119 STAT. 2741]]

                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.--

[[Page 119 STAT. 2742]]

            (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

[[Page 119 STAT. 2743]]

                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

[[Page 119 STAT. 2744]]

        (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) <<NOTE: Records. Reports.>> 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''.

[[Page 119 STAT. 2745]]

 DIVISION <<NOTE: Emergency Supplemental Appropriations Act to Address 
Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006.>> 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.

[[Page 119 STAT. 2746]]

                          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.

[[Page 119 STAT. 2747]]

                       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.

[[Page 119 STAT. 2748]]

            (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

[[Page 119 STAT. 2749]]

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

[[Page 119 STAT. 2750]]

                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 <<NOTE: Ante, p. 2158.>> (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.

[[Page 119 STAT. 2751]]

            ``(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

[[Page 119 STAT. 2752]]

                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

[[Page 119 STAT. 2753]]

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.

[[Page 119 STAT. 2754]]

                      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.

[[Page 119 STAT. 2755]]

                 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.

[[Page 119 STAT. 2756]]

             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.

[[Page 119 STAT. 2757]]

                     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: <<NOTE: Notification. Deadline.>> 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:

[[Page 119 STAT. 2758]]

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

[[Page 119 STAT. 2759]]

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

[[Page 119 STAT. 2760]]

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: <<NOTE: Notification.>> 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. <<NOTE: Accumulated leave. Employment and 
labor.>> 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

[[Page 119 STAT. 2761]]

        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: <<NOTE: Deadlines.>> 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.

[[Page 119 STAT. 2762]]

                              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

[[Page 119 STAT. 2763]]

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

[[Page 119 STAT. 2764]]

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

[[Page 119 STAT. 2765]]

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. <<NOTE: Accumulated leave. Employment and 
labor.>> 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.

[[Page 119 STAT. 2766]]

                          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.

[[Page 119 STAT. 2767]]

                        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.

[[Page 119 STAT. 2768]]

     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

[[Page 119 STAT. 2769]]

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

[[Page 119 STAT. 2770]]

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.

[[Page 119 STAT. 2771]]

                  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

[[Page 119 STAT. 2772]]

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.

[[Page 119 STAT. 2773]]

                             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 <<NOTE: Veterans.>> 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. <<NOTE: Real property. Reversionary interest. 10 USC 5013 
note.>> 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, <<NOTE: Contracts.>> 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. <<NOTE: Expiration date.>> 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--

[[Page 119 STAT. 2774]]

            (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 <<NOTE: Expiration date.>> 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 <<NOTE: Expiration date.>> 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 <<NOTE: Expiration 
date.>> 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

[[Page 119 STAT. 2775]]

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

[[Page 119 STAT. 2776]]

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.

[[Page 119 STAT. 2777]]

                      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. <<NOTE: Manufacturers.>> 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

[[Page 119 STAT. 2778]]

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 <<NOTE: California.>> 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.

[[Page 119 STAT. 2779]]

                         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 <<NOTE: Vouchers.>> 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

[[Page 119 STAT. 2780]]

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: <<NOTE: Federal 
Register, publication. Deadline.>> 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: <<NOTE: Reports.>> 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, <<NOTE: Notification.>> 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

[[Page 119 STAT. 2781]]

heading no later than 5 days <<NOTE: Reports.>> 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 <<NOTE: Reports. Deadline.>> 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

[[Page 119 STAT. 2782]]

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.

[[Page 119 STAT. 2783]]

      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.

[[Page 119 STAT. 2784]]

                  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. <<NOTE: Deadline. Reports.>> 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

[[Page 119 STAT. 2785]]

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

[[Page 119 STAT. 2786]]

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

[[Page 119 STAT. 2787]]

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

[[Page 119 STAT. 2788]]

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: <<NOTE: Notification. Deadline.>> 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.

[[Page 119 STAT. 2789]]

                      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.

[[Page 119 STAT. 2790]]

                   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.

[[Page 119 STAT. 2791]]

             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 <<NOTE: Ante, 
p. 2416.>> 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

[[Page 119 STAT. 2792]]

            (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) <<NOTE: Deadline.>> 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.

[[Page 119 STAT. 2793]]

    (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

[[Page 119 STAT. 2794]]

        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--

[[Page 119 STAT. 2795]]

                    (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.--

[[Page 119 STAT. 2796]]

            (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

[[Page 119 STAT. 2797]]

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).

[[Page 119 STAT. 2798]]

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) <<NOTE: Deadline. Federal Register, 
        publication.>> 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

[[Page 119 STAT. 2799]]

                    (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) <<NOTE: Deadlines.>> 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

[[Page 119 STAT. 2800]]

                      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

[[Page 119 STAT. 2801]]

                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) <<NOTE: Reports.>> 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) <<NOTE: Deadline.>> 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

[[Page 119 STAT. 2802]]

                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.

[[Page 119 STAT. 2803]]

            (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) <<NOTE: Deadline.>> 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--

[[Page 119 STAT. 2804]]

                    (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) <<NOTE: Deadlines.>> 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

[[Page 119 STAT. 2805]]

                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.

[[Page 119 STAT. 2806]]

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 <<NOTE: Higher Education Hurricane Relief Act of 2005.>> 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 con- strued--
            (1) to allow the Secretary to waive or modify any applicable 
        statutory or regulatory requirements prohibiting discrimination

[[Page 119 STAT. 2807]]

        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

[[Page 119 STAT. 2808]]

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.

[[Page 119 STAT. 2809]]

                    (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

[[Page 119 STAT. 2810]]

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

[[Page 119 STAT. 2811]]

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

[[Page 119 STAT. 2812]]

                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

[[Page 119 STAT. 2813]]

                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. <<NOTE: 1 USC 1 note.>> 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. <<NOTE: Effective date.>> 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 <<NOTE: 118 Stat. 
2950.>> 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 <<NOTE: Ante, p. 2265.>> Public Law 109-103 is amended by 
inserting before the period at the end the following: ``: Provided 
further, That

[[Page 119 STAT. 2814]]

$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. <<NOTE: Ante, p. 2255.>> 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'', <<NOTE: Ante, p. 2247.>> by 
striking ``Provided further, That using $8,000,000'' and all that 
follows to the end of the paragraph, and inserting <<NOTE: Reports.>> 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

[[Page 119 STAT. 2815]]

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) <<NOTE: Ante, p. 2013.>> is amended by striking ``Hurricane 
Katrina'' each place it appears and inserting ``hurricanes in the Gulf 
of Mexico in calendar year 2005''.

    Sec. 5013. <<NOTE: 10 USC 2821 note.>> 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: <<NOTE: Reports. Deadline.>> 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. <<NOTE: Ante, p. 2381.>> 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: <<NOTE: Notification. Deadline.>> 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. <<NOTE: Ante, p. 2395.>> 5016. The last paragraph of Public Law 
109-114 is amended by inserting ``Military Construction,'' before 
``Military Quality''.

[[Page 119 STAT. 2816]]

    Sec. 5017. <<NOTE: Ante, p. 2336.>> (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) <<NOTE: 118 Stat. 2916.>> 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 <<NOTE: 118 Stat. 93.>> 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 <<NOTE: 117 Stat. 103.>> 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 <<NOTE: Ante, p. 2300.>> ``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 <<NOTE: Ante, p. 2418.>> 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''.

[[Page 119 STAT. 2817]]

    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. <<NOTE: Effective date.>> 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

[[Page 119 STAT. 2818]]

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 <<NOTE: Public Readiness and Emergency Preparedness Act. 42 USC 
201 note.>> 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. <<NOTE: 42 USC 247d-6d.>> 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--

[[Page 119 STAT. 2819]]

                    ``(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

[[Page 119 STAT. 2820]]

        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

[[Page 119 STAT. 2821]]

                          ``(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

[[Page 119 STAT. 2822]]

        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) <<NOTE: Deadline.>> 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

[[Page 119 STAT. 2823]]

        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.

[[Page 119 STAT. 2824]]

                          ``(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) <<NOTE: Records. Courts, U.S. District of 
        Columbia.>> 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.

[[Page 119 STAT. 2825]]

            ``(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

[[Page 119 STAT. 2826]]

        (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.

[[Page 119 STAT. 2827]]

            ``(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

[[Page 119 STAT. 2828]]

                    ``(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

[[Page 119 STAT. 2829]]

        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. <<NOTE: 42 USC 247d-6e.>> 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

[[Page 119 STAT. 2830]]

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) <<NOTE: Regulations.>> 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

[[Page 119 STAT. 2831]]

                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--

[[Page 119 STAT. 2832]]

                    ``(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''.

    Approved December 30, 2005.

LEGISLATIVE HISTORY--H.R. 2863:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-119 (Comm. on Appropriations) and 109-359     
(Comm. of Conference).
SENATE REPORTS: No. 109-141 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
            June 20, considered and passed House.
            Sept. 29, 30, Oct. 3-7, considered and passed Senate, 
                amended.
            Dec. 19, House agreed to conference report.
            Dec. 21, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
            Dec. 30, Presidential statement.

                                  <all>
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