PUBLIC LAW 109–148—DEC. 30, 2005

DEPARTMENT OF DEFENSE, EMERGENCY

SUPPLEMENTAL APPROPRIATIONS TO

ADDRESS HURRICANES IN THE

GULF OF MEXICO, AND PANDEMIC

INFLUENZA ACT, 2006

119 STAT. 2680 PUBLIC LAW 109–148—DEC. 30, 2005

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

DIVISION A

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

That the following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2006, for military functions administered by the

Department of Defense and for other purposes, namely:

TITLE I

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel

(including all expenses thereof for organizational movements), and

expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members

of reserve components provided for elsewhere), cadets, and aviation

cadets; for members of the Reserve Officers’ Training Corps; and

for payments pursuant to section 156 of Public Law 97–377, as

amended (42 U.S.C. 402 note), and to the Department of Defense

Military Retirement Fund, $28,191,287,000.

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel

(including all expenses thereof for organizational movements), and

expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members

of the Reserve provided for elsewhere), midshipmen, and aviation

cadets; for members of the Reserve Officers’ Training Corps; and

for payments pursuant to section 156 of Public Law 97–377, as

amended (42 U.S.C. 402 note), and to the Department of Defense

Military Retirement Fund, $22,788,101,000.

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.

Dec. 30, 2005

[H.R. 2863]

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2682 PUBLIC LAW 109–148—DEC. 30, 2005

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

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2684 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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.

119 STAT. 2686 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2688 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2690 PUBLIC LAW 109–148—DEC. 30, 2005

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,

PUBLIC LAW 109–148—DEC. 30, 2005 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.

119 STAT. 2692 PUBLIC LAW 109–148—DEC. 30, 2005

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

PUBLIC LAW 109–148—DEC. 30, 2005 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,

119 STAT. 2694 PUBLIC LAW 109–148—DEC. 30, 2005

$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

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2696 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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. During the current fiscal year, provisions of law

prohibiting the payment of compensation to, or employment of,

any person not a citizen of the United States shall not apply

to personnel of the Department of Defense: Provided, That salary

increases granted to direct and indirect hire foreign national

employees of the Department of Defense funded by this Act shall

not be at a rate in excess of the percentage increase authorized

by law for civilian employees of the Department of Defense whose

pay is computed under the provisions of section 5332 of title 5,

United States Code, or at a rate in excess of the percentage increase

provided by the appropriate host nation to its own employees,

whichever is higher: Provided further, That this section shall not

apply to Department of Defense foreign service national employees

serving at United States diplomatic missions whose pay is set

by the Department of State under the Foreign Service Act of 1980:

Provided further, That the limitations of this provision shall not

apply to foreign national employees of the Department of Defense

in the Republic of Turkey.

SEC. 8003. No part of any appropriation contained in this

Act shall remain available for obligation beyond the current fiscal

year, unless expressly so provided herein.

SEC. 8004. No more than 20 percent of the appropriations

in this Act which are limited for obligation during the current

fiscal year shall be obligated during the last 2 months of the

fiscal year: Provided, That this section shall not apply to obligations

for support of active duty training of reserve components or summer

camp training of the Reserve Officers’ Training Corps.

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense

that such action is necessary in the national interest, he may,

with the approval of the Office of Management and Budget, transfer

not to exceed $3,750,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction)

between such appropriations or funds or any subdivision thereof,

to be merged with and to be available for the same purposes,

and for the same time period, as the appropriation or fund to

which transferred: Provided, That such authority to transfer may

not be used unless for higher priority items, based on unforeseen

military requirements, than those for which originally appropriated

and in no case where the item for which funds are requested

has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers

made pursuant to this authority or any other authority in this

Act: Provided further, That no part of the funds in this Act shall

be available to prepare or present a request to the Committees

on Appropriations for reprogramming of funds, unless for higher

priority items, based on unforeseen military requirements, than

those for which originally appropriated and in no case where the

Notification.

10 USC 1584

note.

119 STAT. 2698 PUBLIC LAW 109–148—DEC. 30, 2005

item for which reprogramming is requested has been denied by

the Congress: Provided further, That a request for multiple

reprogrammings of funds using authority provided in this section

must be made prior to June 30, 2006: Provided further, That transfers among military personnel appropriations shall not be taken

into account for purposes of the limitation on the amount of funds

that may be transferred under this section.

(TRANSFER OF FUNDS)

SEC. 8006. During the current fiscal year, cash balances in

working capital funds of the Department of Defense established

pursuant to section 2208 of title 10, United States Code, may

be maintained in only such amounts as are necessary at any time

for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further,

That transfers may be made between working capital funds and

the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and

the ‘‘Operation and Maintenance’’ appropriation accounts in such

amounts as may be determined by the Secretary of Defense, with

the approval of the Office of Management and Budget, except that

such transfers may not be made unless the Secretary of Defense

has notified the Congress of the proposed transfer. Except in

amounts equal to the amounts appropriated to working capital

funds in this Act, no obligations may be made against a working

capital fund to procure or increase the value of war reserve material

inventory, unless the Secretary of Defense has notified the Congress

prior to any such obligation.

SEC. 8007. Funds appropriated by this Act may not be used

to initiate a special access program without prior notification 30

calendar days in session in advance to the congressional defense

committees.

SEC. 8008. None of the funds provided in this Act shall be

available to initiate: (1) a multiyear contract that employs economic

order quantity procurement in excess of $20,000,000 in any 1 year

of the contract or that includes an unfunded contingent liability

in excess of $20,000,000; or (2) a contract for advance procurement

leading to a multiyear contract that employs economic order

quantity procurement in excess of $20,000,000 in any 1 year, unless

the congressional defense committees have been notified at least

30 days in advance of the proposed contract award: Provided, That

no part of any appropriation contained in this Act shall be available

to initiate a multiyear contract for which the economic order

quantity advance procurement is not funded at least to the limits

of the Government’s liability: Provided further, That no part of

any appropriation contained in this Act shall be available to initiate

multiyear procurement contracts for any systems or component

thereof if the value of the multiyear contract would exceed

$500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated

without 10-day prior notification to the congressional defense

committees: Provided further, That the execution of multiyear

authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided

further, That none of the funds provided in this Act may be used

for a multiyear contract executed after the date of the enactment

of this Act unless in the case of any such contract—

Contracts.

Notification.

10 USC 2306b

note.

Notification.

PUBLIC LAW 109–148—DEC. 30, 2005 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. Within the funds appropriated for the operation

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,

for humanitarian and civic assistance costs under chapter 20 of

title 10, United States Code. Such funds may also be obligated

for humanitarian and civic assistance costs incidental to authorized

operations and pursuant to authority granted in section 401 of

chapter 20 of title 10, United States Code, and these obligations

shall be reported as required by section 401(d) of title 10, United

States Code: Provided, That funds available for operation and

maintenance shall be available for providing humanitarian and

similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized

by Public Law 99–239: Provided further, That upon a determination

by the Secretary of the Army that such action is beneficial for

graduate medical education programs conducted at Army medical

facilities located in Hawaii, the Secretary of the Army may authorize

the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian

patients from American Samoa, the Commonwealth of the Northern

Mariana Islands, the Marshall Islands, the Federated States of

Micronesia, Palau, and Guam.

SEC. 8010. (a) During fiscal year 2006, the civilian personnel

of the Department of Defense may not be managed on the basis

of any end-strength, and the management of such personnel during

that fiscal year shall not be subject to any constraint or limitation

(known as an end-strength) on the number of such personnel who

may be employed on the last day of such fiscal year.

(b) The fiscal year 2007 budget request for the Department

of Defense as well as all justification material and other documentation supporting the fiscal year 2007 Department of Defense budget

request shall be prepared and submitted to the Congress as if

subsections (a) and (b) of this provision were effective with regard

to fiscal year 2007.

(c) Nothing in this section shall be construed to apply to military

(civilian) technicians.

Reports.

10 USC 401 note.

119 STAT. 2700 PUBLIC LAW 109–148—DEC. 30, 2005

SEC. 8011. None of the funds appropriated in this or any

other Act may be used to initiate a new installation overseas

without 30-day advance notification to the Committees on Appropriations.

SEC. 8012. None of the funds made available by this Act shall

be used in any way, directly or indirectly, to influence congressional

action on any legislation or appropriation matters pending before

the Congress.

SEC. 8013. None of the funds appropriated by this Act shall

be available for the basic pay and allowances of any member of

the Army participating as a full-time student and receiving benefits

paid by the Secretary of Veterans Affairs from the Department

of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment:

Provided, That this subsection shall not apply to those members

who have reenlisted with this option prior to October 1, 1987:

Provided further, That this subsection applies only to active components of the Army.

SEC. 8014. (a) LIMITATION ON CONVERSION TO CONTRACTOR

PERFORMANCE.—None of the funds appropriated by this Act shall

be available to convert to contractor performance an activity or

function of the Department of Defense that, on or after the date

of the enactment of this Act, is performed by more than 10 Department of Defense civilian employees unless—

(1) the conversion is based on the result of a public-private

competition that includes a most efficient and cost effective

organization plan developed by such activity or function;

(2) the Competitive Sourcing Official determines that, over

all performance periods stated in the solicitation of offers for

performance of the activity or function, the cost of performance

of the activity or function by a contractor would be less costly

to the Department of Defense by an amount that equals or

exceeds the lesser of—

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or

(B) $10,000,000; and

(3) the contractor does not receive an advantage for a

proposal that would reduce costs for the Department of Defense

by—

(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed

in the performance of that activity or function under the

contract; or

(B) offering to such workers an employer-sponsored

health benefits plan that requires the employer to contribute less towards the premium or subscription share

than the amount that is paid by the Department of Defense

for health benefits for civilian employees under chapter

89 of title 5, United States Code.

(b) EXCEPTIONS.—

(1) The Department of Defense, without regard to subsection (a) of this section or subsections (a), (b), or (c) of section

2461 of title 10, United States Code, and notwithstanding any

administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for

Applicability.

Lobbying.

Notification.

PUBLIC LAW 109–148—DEC. 30, 2005 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 SelfDetermination and Education Assistance Act (25 U.S.C.

450b(e)), or a Native Hawaiian Organization, as defined

in section 8(a)(15) of the Small Business Act (15 U.S.C.

637(a)(15)).

(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and

2474 of title 10, United States Code.

(c) TREATMENT OF CONVERSION.—The conversion of any activity

or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive

or outsourcing goal, target, or measurement that may be established

by statute, regulation, or policy and is deemed to be awarded

under the authority of, and in compliance with, subsection (h)

of section 2304 of title 10, United States Code, for the competition

or outsourcing of commercial activities.

(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the

Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for

the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the

National Defense Authorization Act for Fiscal Year 1991 (Public

Law 101–510; 10 U.S.C. 2302 note), as amended, under the

authority of this provision or any other transfer authority contained

in this Act.

SEC. 8016. None of the funds in this Act may be available

for the purchase by the Department of Defense (and its departments

and agencies) of welded shipboard anchor and mooring chain 4

inches in diameter and under unless the anchor and mooring chain

are manufactured in the United States from components which

are substantially manufactured in the United States: Provided, That for the purpose of this section manufactured will include

cutting, heat treating, quality control, testing of chain and welding

(including the forging and shot blasting process): Provided further, That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost

of the components produced or manufactured in the United States

exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of

Defense requirements on a timely basis, the Secretary of the service

responsible for the procurement may waive this restriction on a

case-by-case basis by certifying in writing to the Committees on

Certification.

119 STAT. 2702 PUBLIC LAW 109–148—DEC. 30, 2005

Appropriations that such an acquisition must be made in order

to acquire capability for national security purposes.

SEC. 8017. None of the funds available to the Department

of Defense may be used to demilitarize or dispose of M–1 Carbines,

M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,

or M–1911 pistols.

SEC. 8018. None of the funds appropriated by this Act available

for the Civilian Health and Medical Program of the Uniformed

Services (CHAMPUS) or TRICARE shall be available for the

reimbursement of any health care provider for inpatient mental

health service for care received when a patient is referred to a

provider of inpatient mental health care or residential treatment

care by a medical or health care professional having an economic

interest in the facility to which the patient is referred: Provided,

That this limitation does not apply in the case of inpatient mental

health services provided under the program for persons with disabilities under subsection (d) of section 1079 of title 10, United States

Code, provided as partial hospital care, or provided pursuant to

a waiver authorized by the Secretary of Defense because of medical

or psychological circumstances of the patient that are confirmed

by a health professional who is not a Federal employee after a

review, pursuant to rules prescribed by the Secretary, which takes

into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of

that care.

SEC. 8019. No more than $500,000 of the funds appropriated

or made available in this Act shall be used during a single fiscal

year for any single relocation of an organization, unit, activity

or function of the Department of Defense into or within the National

Capital Region: Provided, That the Secretary of Defense may waive

this restriction on a case-by-case basis by certifying in writing

to the congressional defense committees that such a relocation

is required in the best interest of the Government.

SEC. 8020. In addition to the funds provided elsewhere in

this Act, $8,000,000 is appropriated only for incentive payments

authorized by section 504 of the Indian Financing Act of 1974

(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United

States Code or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25,

United States Code shall be considered a contractor for the purposes

of being allowed additional compensation under section 504 of the

Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime

contract or subcontract amount is over $500,000 and involves the

expenditure of funds appropriated by an Act making Appropriations

for the Department of Defense with respect to any fiscal year:

Provided further, That notwithstanding section 430 of title 41,

United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any

contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part by any

subcontractor or supplier defined in section 1544 of title 25, United

States Code or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25,

United States Code: Provided further, That, during the current

fiscal year and hereafter, businesses certified as 8(a) by the Small

15 USC 637 note.

Applicability.

Contracts.

Certification.

Regulations.

PUBLIC LAW 109–148—DEC. 30, 2005 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. 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

Kuwait.

119 STAT. 2704 PUBLIC LAW 109–148—DEC. 30, 2005

Regulations, when engaged in the performance of membership

duties.

(c) Notwithstanding any other provision of law, none of the

funds available to the department from any source during fiscal

year 2006 may be used by a defense FFRDC, through a fee or

other payment mechanism, for construction of new buildings, for

payment of cost sharing for projects funded by Government grants,

for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community

service and/or development.

(d) Notwithstanding any other provision of law, of the funds

available to the department during fiscal year 2006, not more

than 5,517 staff years of technical effort (staff years) may be funded

for defense FFRDCs: Provided, That of the specific amount referred

to previously in this subsection, not more than 1,050 staff years

may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years

funded in the National Intelligence Program (NIP).

(e) The Secretary of Defense shall, with the submission of

the department’s fiscal year 2007 budget request, submit a report

presenting the specific amounts of staff years of technical effort

to be allocated for each defense FFRDC during that fiscal year.

(f) Notwithstanding any other provision of this Act, the total

amount appropriated in this Act for FFRDCs is hereby reduced

by $46,000,000.

SEC. 8027. None of the funds appropriated or made available

in this Act shall be used to procure carbon, alloy or armor steel

plate for use in any Government-owned facility or property under

the control of the Department of Defense which were not melted

and rolled in the United States or Canada: Provided, That these

procurement restrictions shall apply to any and all Federal Supply

Class 9515, American Society of Testing and Materials (ASTM)

or American Iron and Steel Institute (AISI) specifications of carbon,

alloy or armor steel plate: Provided further, That the Secretary

of the military department responsible for the procurement may

waive this restriction on a case-by-case basis by certifying in writing

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely

basis and that such an acquisition must be made in order to

acquire capability for national security purposes: Provided further,

That these restrictions shall not apply to contracts which are in

being as of the date of the enactment of this Act.

SEC. 8028. For the purposes of this Act, the term ‘‘congressional

defense committees’’ means the Armed Services Committee of the

House of Representatives, the Armed Services Committee of the

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the

Committee on Appropriations of the House of Representatives. In

addition, for any matter pertaining to basic allowance for housing,

facilities sustainment, restoration and modernization, environmental restoration and the Defense Health Program, ‘‘congressional

defense committees’’ also means the Subcommittee on Military

Quality of Life and Veterans Affairs, and Related Agencies of the

Committee on Appropriations of the House of Representatives.

SEC. 8029. During the current fiscal year, the Department

of Defense may acquire the modification, depot maintenance and

10 USC 101 note.

Reports.

PUBLIC LAW 109–148—DEC. 30, 2005 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: Provided, That the Senior Acquisition Executive

of the military department or Defense Agency concerned, with power

of delegation, shall certify that successful bids include comparable

estimates of all direct and indirect costs for both public and private

bids: Provided further, That Office of Management and Budget

Circular A–76 shall not apply to competitions conducted under

this section.

SEC. 8030. (a)(1) If the Secretary of Defense, after consultation

with the United States Trade Representative, determines that a

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating

against certain types of products produced in the United States

that are covered by the agreement, the Secretary of Defense shall

rescind the Secretary’s blanket waiver of the Buy American Act

with respect to such types of products produced in that foreign

country.

(2) An agreement referred to in paragraph (1) is any reciprocal

defense procurement memorandum of understanding, between the

United States and a foreign country pursuant to which the Secretary

of Defense has prospectively waived the Buy American Act for

certain products in that country.

(b) The Secretary of Defense shall submit to the Congress

a report on the amount of Department of Defense purchases from

foreign entities in fiscal year 2006. Such report shall separately

indicate the dollar value of items for which the Buy American

Act was waived pursuant to any agreement described in subsection

(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),

or any international agreement to which the United States is a

party.

(c) For purposes of this section, the term ‘‘Buy American Act’’

means title III of the Act entitled ‘‘An Act making appropriations

for the Treasury and Post Office Departments for the fiscal year

ending June 30, 1934, and for other purposes’’, approved March

3, 1933 (41 U.S.C. 10a et seq.).

SEC. 8031. Appropriations contained in this Act that remain

available at the end of the current fiscal year, and at the end

of each fiscal year hereafter, as a result of energy cost savings

realized by the Department of Defense shall remain available for

obligation for the next fiscal year to the extent, and for the purposes,

provided in section 2865 of title 10, United States Code.

SEC. 8032. The President shall include with each budget for

a fiscal year submitted to the Congress under section 1105 of

title 31, United States Code, and hereafter, materials that shall

identify clearly and separately the amounts requested in the budget

for appropriation for that fiscal year for salaries and expenses

related to administrative activities of the Department of Defense,

the military departments, and the defense agencies.

SEC. 8033. Notwithstanding any other provision of law, funds

available during the current fiscal year and hereafter for ‘‘Drug

Interdiction and Counter-Drug Activities, Defense’’ may be obligated

for the Young Marines program.

10 USC 374 note.

President.

10 USC 221 note.

Reports.

Customs duties.

41 USC 10b–2

note.

Certification.

119 STAT. 2706 PUBLIC LAW 109–148—DEC. 30, 2005

(INCLUDING TRANSFER OF FUNDS)

SEC. 8034. During the current fiscal year, amounts contained

in the Department of Defense Overseas Military Facility Investment

Recovery Account established by section 2921(c)(1) of the National

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.

2687 note) shall be available until expended for the payments

specified by section 2921(c)(2) of that Act.

SEC. 8035. (a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no

cost to the Air Force, without consideration, to Indian tribes located

in the States of North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units located at Grand Forks

Air Force Base and Minot Air Force Base that are excess to the

needs of the Air Force.

(b) PROCESSING OF REQUESTS.—The Secretary of the Air Force

shall convey, at no cost to the Air Force, military housing units

under subsection (a) in accordance with the request for such units

that are submitted to the Secretary by the Operation Walking

Shield Program on behalf of Indian tribes located in the States

of North Dakota, South Dakota, Montana, and Minnesota.

(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The Operation

Walking Shield Program shall resolve any conflicts among requests

of Indian tribes for housing units under subsection (a) before

submitting requests to the Secretary of the Air Force under subsection (b).

(d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian

tribe’’ means any recognized Indian tribe included on the current

list published by the Secretary of the Interior under section 104

of the Federally Recognized Indian Tribe Act of 1994 (Public Law

103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).

SEC. 8036. During the current fiscal year, appropriations which

are available to the Department of Defense for operation and

maintenance may be used to purchase items having an investment

item unit cost of not more than $250,000.

SEC. 8037. (a) During the current fiscal year, none of the

appropriations or funds available to the Department of Defense

Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for

sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense

Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during

fiscal year 1994 and if the purchase of such an investment item

would be chargeable during the current fiscal year to appropriations

made to the Department of Defense for procurement.

(b) The fiscal year 2007 budget request for the Department

of Defense as well as all justification material and other documentation supporting the fiscal year 2007 Department of Defense budget

shall be prepared and submitted to the Congress on the basis

that any equipment which was classified as an end item and funded

in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2007 procurement appropriation

and not in the supply management business area or any other

area or category of the Department of Defense Working Capital

Funds.

Housing.

Native

Americans.

State listing.

PUBLIC LAW 109–148—DEC. 30, 2005 119 STAT. 2707

SEC. 8038. None of the funds appropriated by this Act for

programs of the Central Intelligence Agency shall remain available

for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2007: Provided, That funds appropriated,

transferred, or otherwise credited to the Central Intelligence Agency

Central Services Working Capital Fund during this or any prior

or subsequent fiscal year shall remain available until expended:

Provided further, That any funds appropriated or transferred to

the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National

Security Act of 1947, as amended, shall remain available until

September 30, 2007.

SEC. 8039. Notwithstanding any other provision of law, funds

made available in this Act for the Defense Intelligence Agency

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and

intelligence information systems for the Services, the Unified and

Specified Commands, and the component commands.

SEC. 8040. Of the funds appropriated to the Department of

Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, 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—

50 USC 403u

note.

119 STAT. 2708 PUBLIC LAW 109–148—DEC. 30, 2005

(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-bycase 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;

PUBLIC LAW 109–148—DEC. 30, 2005 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. During the current fiscal year, none of the funds

appropriated in this Act may be used to reduce the civilian medical

and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided, That the Service

Surgeons General may waive this section by certifying to the

congressional defense committees that the beneficiary population

is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and

capitation-based budgeting.

SEC. 8050. Up to $2,000,000 of the funds appropriated under

the heading ‘‘Operation and Maintenance, Navy’’ may be made

available to contract for the installation, repair, and maintenance

of an on-base and adjacent off-base wastewater/treatment facility

and infrastructure critical to base operations and the public health

and safety of community residents in the vicinity of the NCTAMS.

SEC. 8051. Notwithstanding any other provision of law, that

not more than 35 percent of funds provided in this Act for environmental remediation may be obligated under indefinite delivery/

indefinite quantity contracts with a total contract value of

$130,000,000 or higher.

SEC. 8052. (a) None of the funds available to the Department

of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or

10 USC 374 note.

Certification.

119 STAT. 2710 PUBLIC LAW 109–148—DEC. 30, 2005

agency of the United States except as specifically provided in an

appropriations law.

(b) None of the funds available to the Central Intelligence

Agency for any fiscal year for drug interdiction and counter-drug

activities may be transferred to any other department or agency

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

SEC. 8053. Up to $3,000,000 of the funds appropriated in title

II of this Act under the heading ‘‘Operation and Maintenance,

Army’’, may be made available to contract with the Army Historical

Foundation, a nonprofit organization, for services required to solicit

non-Federal donations to support construction and operation of

the National Museum of the United States Army at Fort Belvoir,

Virginia: Provided, That notwithstanding any other provision of

law, the Army is authorized to receive future payments in this

or the subsequent fiscal year from any nonprofit organization chartered to support the National Museum of the United States Army

to reimburse amounts expended by the Army pursuant to this

section: Provided further, That any reimbursements received pursuant to this section shall be merged with ‘‘Operation and Maintenance, Army’’ and shall be made available for the same purposes

and for the same time period as that appropriation account.

(TRANSFER OF FUNDS)

SEC. 8054. Appropriations available under the heading ‘‘Operation and Maintenance, Defense-Wide’’ for the current fiscal year

and hereafter for increasing energy and water efficiency in Federal

buildings may, during their period of availability, be transferred

to other appropriations or funds of the Department of Defense

for projects related to increasing energy and water efficiency, to

be merged with and to be available for the same general purposes,

and for the same time period, as the appropriation or fund to

which transferred.

SEC. 8055. None of the funds appropriated by this Act may

be used for the procurement of ball and roller bearings other than

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible

for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate

domestic supplies are not available to meet Department of Defense

requirements on a timely basis and that such an acquisition must

be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to

the purchase of ‘‘commercial items’’, as defined by section 4(12)

of the Office of Federal Procurement Policy Act, except that the

restriction shall apply to ball or roller bearings purchased as end

items.

SEC. 8056. None of the funds in this Act may be used to

purchase any supercomputer which is not manufactured in the

United States, unless the Secretary of Defense certifies to the

congressional defense committees that such an acquisition must

be made in order to acquire capability for national security purposes

that is not available from United States manufacturers.

SEC. 8057. Notwithstanding any other provision of law, each

contract awarded by the Department of Defense during the current

fiscal year for construction or service performed in whole or in

Contracts.

Employment.

10 USC 2865

note.

50 USC 403f

note.

PUBLIC LAW 109–148—DEC. 30, 2005 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. (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

Notification.

119 STAT. 2712 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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-bycase basis, waive with respect to a foreign country each limitation

on the procurement of defense items from foreign sources provided

in law if the Secretary determines that the application of the

limitation with respect to that country would invalidate cooperative

programs entered into between the Department of Defense and

the foreign country, or would invalidate reciprocal trade agreements

for the procurement of defense items entered into under section

2531 of title 10, United States Code, and the country does not

discriminate against the same or similar defense items produced

in the United States for that country.

(b) Subsection (a) applies with respect to—

(1) contracts and subcontracts entered into on or after

the date of the enactment of this Act; and

(2) options for the procurement of items that are exercised

after such date under contracts that are entered into before

such date if the option prices are adjusted for any reason

other than the application of a waiver granted under subsection

(a).

(c) Subsection (a) does not apply to a limitation regarding

construction of public vessels, ball and roller bearings, food, and

Applicability.

119 STAT. 2714 PUBLIC LAW 109–148—DEC. 30, 2005

clothing or textile materials as defined by section 11 (chapters

50–65) of the Harmonized Tariff Schedule and products classified

under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,

7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through

7508, 8105, 8108, 8109, 8211, 8215, and 9404.

SEC. 8069. (a) PROHIBITION.—None of the funds made available

by this Act may be used to support any training program involving

a unit of the security forces of a foreign country if the Secretary

of Defense has received credible information from the Department

of State that the unit has committed a gross violation of human

rights, unless all necessary corrective steps have been taken.

(b) MONITORING.—The Secretary of Defense, in consultation

with the Secretary of State, shall ensure that prior to a decision

to conduct any training program referred to in subsection (a), full

consideration is given to all credible information available to the

Department of State relating to human rights violations by foreign

security forces.

(c) WAIVER.—The Secretary of Defense, after consultation with

the Secretary of State, may waive the prohibition in subsection

(a) if he determines that such waiver is required by extraordinary

circumstances.

(d) REPORT.—Not more than 15 days after the exercise of any

waiver under subsection (c), the Secretary of Defense shall submit

a report to the congressional defense committees describing the

extraordinary circumstances, the purpose and duration of the

training program, the United States forces and the foreign security

forces involved in the training program, and the information

relating to human rights violations that necessitates the waiver.

SEC. 8070. None of the funds appropriated or made available

in this Act to the Department of the Navy shall be used to develop,

lease or procure the T-AKE class of ships unless the main propulsion

diesel engines and propulsors are manufactured in the United

States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case

basis by certifying in writing to the Committees on Appropriations

of the House of Representatives and the Senate that adequate

domestic supplies are not available to meet Department of Defense

requirements on a timely basis and that such an acquisition must

be made in order to acquire capability for national security purposes

or there exists a significant cost or quality difference.

SEC. 8071. None of the funds appropriated or otherwise made

available by this or other Department of Defense Appropriations

Acts may be obligated or expended for the purpose of performing

repairs or maintenance to military family housing units of the

Department of Defense, including areas in such military family

housing units that may be used for the purpose of conducting

official Department of Defense business.

SEC. 8072. Notwithstanding any other provision of law, funds

appropriated in this Act under the heading ‘‘Research, Development,

Test and Evaluation, Defense-Wide’’ for any new start advanced

concept technology demonstration project may only be obligated

30 days after a report, including a description of the project, the

planned acquisition and transition strategy and its estimated

annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense

may waive this restriction on a case-by-case basis by certifying

Reports.

Human rights.

PUBLIC LAW 109–148—DEC. 30, 2005 119 STAT. 2715

to the congressional defense committees that it is in the national

interest to do so.

SEC. 8073. The Secretary of Defense shall provide a classified

quarterly report beginning 30 days after enactment of this Act,

to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified

annex accompanying this Act.

SEC. 8074. During the current fiscal year, refunds attributable

to the use of the Government travel card, refunds attributable

to the use of the Government Purchase Card and refunds attributable to official Government travel arranged by Government Contracted Travel Management Centers may be credited to operation

and maintenance, and research, development, test and evaluation

accounts of the Department of Defense which are current when

the refunds are received.

SEC. 8075. (a) REGISTERING FINANCIAL MANAGEMENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION

OFFICER.—None of the funds appropriated in this Act may be used

for a mission critical or mission essential financial management

information technology system (including a system funded by the

defense working capital fund) that is not registered with the Chief

Information Officer of the Department of Defense. A system shall

be considered to be registered with that officer upon the furnishing

to that officer of notice of the system, together with such information

concerning the system as the Secretary of Defense may prescribe.

A financial management information technology system shall be

considered a mission critical or mission essential information technology system as defined by the Under Secretary of Defense (Comptroller).

(b) CERTIFICATIONS AS TO COMPLIANCE WITH FINANCIAL

MANAGEMENT MODERNIZATION PLAN.—

(1) During the current fiscal year, a financial management

automated information system, a mixed information system

supporting financial and non-financial systems, or a system

improvement of more than $1,000,000 may not receive Milestone A approval, Milestone B approval, or full rate production,

or their equivalent, within the Department of Defense until

the Under Secretary of Defense (Comptroller) certifies, with

respect to that milestone, that the system is being developed

and managed in accordance with the Department’s Financial

Management Modernization Plan. The Under Secretary of

Defense (Comptroller) may require additional certifications, as

appropriate, with respect to any such system.

(2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications

under paragraph (1).

(c) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN

ACT.—

(1) During the current fiscal year, a major automated

information system may not receive Milestone A approval, Milestone B approval, or full rate production approval, or their

equivalent, within the Department of Defense until the Chief

Information Officer certifies, with respect to that milestone,

that the system is being developed in accordance with the

Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief

Information Officer may require additional certifications, as

appropriate, with respect to any such system.

Notification.

Reports.

Deadline.

119 STAT. 2716 PUBLIC LAW 109–148—DEC. 30, 2005

(2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications

under paragraph (1). Each such notification shall include, at

a minimum, the funding baseline and milestone schedule for

each system covered by such a certification and confirmation

that the following steps have been taken with respect to the

system:

(A) Business process reengineering.

(B) An analysis of alternatives.

(C) An economic analysis that includes a calculation

of the return on investment.

(D) Performance measures.

(E) An information assurance strategy consistent with

the Department’s Global Information Grid.

(d) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘Chief Information Officer’’ means the senior

official of the Department of Defense designated by the Secretary of Defense pursuant to section 3506 of title 44, United

States Code.

(2) The term ‘‘information technology system’’ has the

meaning given the term ‘‘information technology’’ in section

5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

SEC. 8076. During the current fiscal year, none of the funds

available to the Department of Defense may be used to provide

support to another department or agency of the United States

if such department or agency is more than 90 days in arrears

in making payment to the Department of Defense for goods or

services previously provided to such department or agency on a

reimbursable basis: Provided, That this restriction shall not apply

if the department is authorized by law to provide support to such

department or agency on a nonreimbursable basis, and is providing

the requested support pursuant to such authority: Provided further,

That the Secretary of Defense may waive this restriction on a

case-by-case basis by certifying in writing to the Committees on

Appropriations of the House of Representatives and the Senate

that it is in the national security interest to do so.

SEC. 8077. Notwithstanding section 12310(b) of title 10, United

States Code, a Reserve who is a member of the National Guard

serving on full-time National Guard duty under section 502(f) of

title 32 may perform duties in support of the ground-based elements

of the National Ballistic Missile Defense System.

SEC. 8078. None of the funds provided in this Act may be

used to transfer to any nongovernmental entity ammunition held

by the Department of Defense that has a center-fire cartridge

and a United States military nomenclature designation of ‘‘armor

penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary

(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an

entity performing demilitarization services for the Department of

Defense under a contract that requires the entity to demonstrate

to the satisfaction of the Department of Defense that armor piercing

projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant

to a contract with the Department of Defense or the manufacture

of ammunition for export pursuant to a License for Permanent

Export of Unclassified Military Articles issued by the Department

of State.

Notification.

PUBLIC LAW 109–148—DEC. 30, 2005 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. None of the funds appropriated by this Act shall

be used for the support of any nonappropriated funds activity

of the Department of Defense that procures malt beverages and

wine with nonappropriated funds for resale (including such alcoholic

beverages sold by the drink) on a military installation located

in the United States unless such malt beverages and wine are

procured within that State, or in the case of the District of

Columbia, within the District of Columbia, in which the military

installation is located: Provided, That in a case in which the military

installation is located in more than one State, purchases may be

made in any State in which the installation is located: Provided

further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for

military installations in States which are not contiguous with

another State: Provided further, That alcoholic beverages other

than wine and malt beverages, in contiguous States and the District

of Columbia shall be procured from the most competitive source,

price and other factors considered.

SEC. 8081. Funds available to the Department of Defense for

the Global Positioning System during the current fiscal year may

be used to fund civil requirements associated with the satellite

and ground control segments of such system’s modernization program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8082. Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Army’’, $147,900,000

shall remain available until expended: Provided, That notwithstanding any other provision of law, the Secretary of Defense is

authorized to transfer such funds to other activities of the Federal

Government: Provided further, That the Secretary of Defense is

authorized to enter into and carry out contracts for the acquisition

of real property, construction, personal services, and operations

related to projects described in further detail in the Classified

Annex accompanying the Department of Defense Appropriations

Act, 2006, consistent with the terms and conditions set forth therein:

Provided further, That contracts entered into under the authority

of this section may provide for such indemnification as the Secretary

determines to be necessary: Provided further, That projects authorized by this section shall comply with applicable Federal, State,

and local law to the maximum extent consistent with the national

security, as determined by the Secretary of Defense.

SEC. 8083. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under

subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10

U.S.C. 113 note) shall continue in effect to apply to disbursements

that are made by the Department of Defense in fiscal year 2006.

Applicability.

10 USC 113 note.

Contracts.

Applicability.

Alcohol and

alcoholic

beverages.

10 USC 2488

note.

119 STAT. 2718 PUBLIC LAW 109–148—DEC. 30, 2005

SEC. 8084. In addition to amounts provided elsewhere in this Act, $2,200,000 is hereby appropriated to the Department of

Defense, to remain available for obligation until expended: Provided, That notwithstanding any other provision of law, these funds shall

be available only for a grant to the Fisher House Foundation,

Inc., only for the construction and furnishing of additional Fisher

Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military

beneficiary.

SEC. 8085. (a) The Secretary of Defense, in coordination with

the Secretary of Health and Human Services, may carry out a

program to distribute surplus dental and medical equipment of

the Department of Defense, at no cost to the Department of Defense,

to Indian Health Service facilities and to federally-qualified health

centers (within the meaning of section 1905(l)(2)(B) of the Social

Security Act (42 U.S.C. 1396d(l)(2)(B))).

(b) In carrying out this provision, the Secretary of Defense

shall give the Indian Health Service a property disposal priority

equal to the priority given to the Department of Defense and

its twelve special screening programs in distribution of surplus

dental and medical supplies and equipment.

SEC. 8086. Amounts appropriated in title II of this Act are hereby reduced by $265,000,000 to reflect savings attributable to

efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments, as follows: (1) From ‘‘Operation and Maintenance, Army’’, $26,000,000.

(2) From ‘‘Operation and Maintenance, Navy’’, $85,000,000.

(3) From ‘‘Operation and Maintenance, Air Force’’, $154,000,000.

SEC. 8087. The total amount appropriated or otherwise made available in this Act is hereby reduced by $100,000,000 to limit

excessive growth in the procurement of advisory and assistance

services, to be distributed as follows:

‘‘Operation and Maintenance, Army’’, $25,000,000.

‘‘Operation and Maintenance, Navy’’, $10,000,000.

‘‘Operation and Maintenance, Air Force’’, $30,000,000.

‘‘Operation and Maintenance, Defense-Wide’’, $35,000,000.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8088. Of the amounts appropriated in this Act under

the heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $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.

Gifts and

property.

PUBLIC LAW 109–148—DEC. 30, 2005 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) 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

Applicability.

119 STAT. 2720 PUBLIC LAW 109–148—DEC. 30, 2005

rate stabilization adjustments in Department of Defense Working

Capital Funds, as follows:

(1) From ‘‘Operation and Maintenance, Army’’, $100,000,000.

(2) From ‘‘Operation and Maintenance, Navy’’, $50,000,000.

(3) From ‘‘Operation and Maintenance, Air Force’’,

$100,000,000.

SEC. 8095. (a) In addition to the amounts provided elsewhere in this Act, the amount of $5,100,000 is hereby appropriated to

the Department of Defense for ‘‘Operation and Maintenance, Army

National Guard’’. Such amount shall be made available to the

Secretary of the Army only to make a grant in the amount of

$5,100,000 to the entity specified in subsection (b) to facilitate

access by veterans to opportunities for skilled employment in the

construction industry.

(b) The entity referred to in subsection (a) is the Center for

Military Recruitment, Assessment and Veterans Employment, a

nonprofit labor-management co-operation committee provided for

by section 302(c)(9) of the Labor-Management Relations Act, 1947

(29 U.S.C. 186(c)(9)), for the purposes set forth in section 6(b)

of the Labor Management Cooperation Act of 1978 (29 U.S.C. 175a

note).

SEC. 8096. FINANCING AND FIELDING OF KEY ARMY CAPABILITIES.—The Department of Defense and the Department of the Army

shall make future budgetary and programming plans to fully finance

the Non-Line of Sight Future Force cannon and resupply vehicle

program (NLOS–C) in order to field this system in fiscal year

2010, consistent with the broader plan to field the Future Combat

System (FCS) in fiscal year 2010: Provided, That if the Army

is precluded from fielding the FCS program by fiscal year 2010,

then the Army shall develop the NLOS–C independent of the

broader FCS development timeline to achieve fielding by fiscal

year 2010. In addition the Army will deliver eight (8) combat

operational pre-production NLOS–C systems by the end of calendar

year 2008. These systems shall be in addition to those systems

necessary for developmental and operational testing: Provided further, That the Army shall ensure that budgetary and programmatic

plans will provide for no fewer than seven (7) Stryker Brigade

Combat Teams.

SEC. 8097. Up to $2,125,000 of the funds appropriated under

the heading ‘‘Operation and Maintenance, Navy’’ in this Act for

the Pacific Missile Range Facility may be made available to contract

for the repair, maintenance, and operation of adjacent off-base

water, drainage, and flood control systems, electrical upgrade to

support additional missions critical to base operations, and support

for a range footprint expansion to further guard against encroachment.

SEC. 8098. In addition to the amounts appropriated or otherwise

made available elsewhere in this Act, $33,350,000 is hereby appropriated to the Department of Defense, to remain available until

September 30, 2006: Provided, That the Secretary of Defense shall make grants in the amounts specified as follows: $3,850,000 to

the Intrepid Sea-Air-Space Foundation; $1,000,000 to the Pentagon

Memorial Fund, Inc.; $4,400,000 to the Center for Applied Science

and Technologies at Jordan Valley Innovation Center; $1,000,000

to the Vietnam Veterans Memorial Fund for the Teach Vietnam

initiative; $500,000 to the Westchester County World Trade Center

Grants.

Grants.

PUBLIC LAW 109–148—DEC. 30, 2005 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. Notwithstanding section 2583(a) of title 10, United

States Code, but subject to the limitations of section 2583(e) of

title 10, United States Code, during the current fiscal year the

Secretary of the military department concerned may make a military working dog available for adoption by its former handler.

SEC. 8100. The budget of the President for fiscal year 2007

submitted to the Congress pursuant to section 1105 of title 31,

United States Code shall include separate budget justification documents for costs of United States Armed Forces’ participation in

contingency operations for the Military Personnel accounts, the

Operation and Maintenance accounts, and the Procurement

accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for

each military service, to include all Active and Reserve components,

and for each appropriations account: Provided further, That these

documents shall include estimated costs for each element of expense

or object class, a reconciliation of increases and decreases for each

contingency operation, and programmatic data including, but not

limited to, troop strength for each Active and Reserve component,

and estimates of the major weapons systems deployed in support

of each contingency: Provided further, That these documents shall

include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal

years.

SEC. 8101. None of the funds in this Act may be used for

research, development, test, evaluation, procurement or deployment

of nuclear armed interceptors of a missile defense system.

SEC. 8102. Of the amounts provided in title II of this Act

under the heading ‘‘Operation and Maintenance, Defense-Wide’’,

$20,000,000 is available for the Regional Defense Counter-terrorism

Fellowship Program, to fund the education and training of foreign

military officers, ministry of defense civilians, and other foreign

security officials, to include United States military officers and

civilian officials whose participation directly contributes to the education and training of these foreign students.

SEC. 8103. None of the funds appropriated or made available

in this Act shall be used to reduce or disestablish the operation

of the 53rd Weather Reconnaissance Squadron of the Air Force

Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided,

Federal budget.

10 USC 221 note.

Military working

dog.

119 STAT. 2722 PUBLIC LAW 109–148—DEC. 30, 2005

That the Air Force shall allow the 53rd Weather Reconnaissance

Squadron to perform other missions in support of national defense

requirements during the non-hurricane season.

SEC. 8104. None of the funds provided in this Act shall be

available for integration of foreign intelligence information unless

the information has been lawfully collected and processed during

the conduct of authorized foreign intelligence activities: Provided,

That information pertaining to United States persons shall only

be handled in accordance with protections provided in the Fourth

Amendment of the United States Constitution as implemented

through Executive Order No. 12333.

SEC. 8105. (a) From within amounts made available in title

II of this Act, under the heading ‘‘Operation and Maintenance,

Army’’, and notwithstanding any other provision of law, up to

$7,000,000 shall be available only for repairs and safety improvements to the segment of Fort Irwin Road which extends from

Interstate 15 northeast toward the boundary of Fort Irwin, California and the originating intersection of Irwin Road: Provided,

That these funds shall remain available until expended: Provided

further, That the authorized scope of work includes, but is not

limited to, environmental documentation and mitigation,

engineering and design, improving safety, resurfacing, widening

lanes, enhancing shoulders, and replacing signs and pavement

markings: Provided further, That these funds may be used for

advances to the Federal Highway Administration, Department of

Transportation, for the authorized scope of work.

(b) From within amounts made available in title II of this

Act under the heading ‘‘Operation and Maintenance, Marine Corps’’,

the Secretary of the Navy shall make a grant in the amount

of $4,800,000, notwithstanding any other provision of law, to the

City of Twentynine Palms, California, for the widening of off-base

Adobe Road, which is used by members of the Marine Corps stationed at the Marine Corps Air Ground Task Force Training Center,

Twentynine Palms, California, and their dependents, and for

construction of pedestrian and bike lanes for the road, to provide

for the safety of the Marines stationed at the installation.

SEC. 8106. None of the funds available to the Department

of Defense may be obligated to modify command and control relationships to give Fleet Forces Command administrative and operational control of U.S. Navy forces assigned to the Pacific fleet:

Provided, That the command and control relationships which

existed on October 1, 2004, shall remain in force unless changes

are specifically authorized in a subsequent Act.

SEC. 8107. (a) At the time members of reserve components

of the Armed Forces are called or ordered to active duty under

section 12302(a) of title 10, United States Code, each member

shall be notified in writing of the expected period during which

the member will be mobilized.

(b) The Secretary of Defense may waive the requirements of

subsection (a) in any case in which the Secretary determines that

it is necessary to do so to respond to a national security emergency

or to meet dire operational requirements of the Armed Forces.

Notification.

Grants.

California.

PUBLIC LAW 109–148—DEC. 30, 2005 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, 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 nonReports.

119 STAT. 2724 PUBLIC LAW 109–148—DEC. 30, 2005

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 avail- able in this Act, a reduction of $361,000,000 is hereby taken from

title III, Procurement, from the following accounts in the specified

amounts:

‘‘Missile Procurement, Army’’, $9,000,000;

‘‘Other Procurement, Army’’, $297,000,000; and

‘‘Procurement, Marine Corps’’, $55,000,000:

Provided, That within 30 days of enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall provide

a report to the House Committee on Appropriations and the Senate

Committee on Appropriations which describes the application of

these reductions to programs, projects or activities within these

accounts.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8112. (a) THREE-YEAR EXTENSION.—During the current

fiscal year and each of fiscal years 2007 and 2008, the Secretary

of Defense may transfer not more than $20,000,000 of unobligated

balances remaining in the expiring RDT&E, Army, appropriation

account to a current Research, Development, Test and Evaluation,

Army, appropriation account to be used only for the continuation

of the Army Venture Capital Fund demonstration.

(b) EXPIRING RDT&E, ARMY, ACCOUNT.—For purposes of this

section, for any fiscal year, the expiring RDT&E, Army, account

is the Research, Development, Test and Evaluation, Army, appropriation account that is then in its last fiscal year of availability

for obligation before the account closes under section 1552 of title

31, United States Code.

(c) ARMY VENTURE CAPITAL FUND DEMONSTRATION.—For purposes of this section, the Army Venture Capital Fund demonstration

is the program for which funds were initially provided in section

8150 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117; 115 Stat. 2281), as extended and

revised in section 8105 of Department of Defense Appropriations

Act, 2003 (Public Law 107–248; 116 Stat. 1562).

(d) ADMINISTRATIVE PROVISIONS.—The provisos in section 8105

of the Department of Defense Appropriations Act, 2003 (Public

Law 107–248; 116 Stat. 1562), shall apply with respect to amounts

transferred under this section in the same manner as to amounts

transferred under that section.

SEC. 8113. Of the funds made available in this Act, not less

than $76,100,000 shall be available to maintain an attrition reserve

force of 18 B–52 aircraft, of which $3,900,000 shall be available

from ‘‘Military Personnel, Air Force’’, $44,300,000 shall be available

from ‘‘Operation and Maintenance, Air Force’’, and $27,900,000

shall be available from ‘‘Aircraft Procurement, Air Force’’: Provided,

That the Secretary of the Air Force shall maintain a total force

of 94 B–52 aircraft, including 18 attrition reserve aircraft, during

fiscal year 2006: Provided further, That the Secretary of Defense

shall include in the Air Force budget request for fiscal year 2007

amounts sufficient to maintain a B–52 force totaling 94 aircraft.

SEC. 8114. The Secretary of the Air Force is authorized, using

funds available under the heading ‘‘Operation and Maintenance,

Air Force’’, to complete a phased repair project, which repairs

may include upgrades and additions, to the infrastructure of the

Applicability.

Reports.

Deadline.

PUBLIC LAW 109–148—DEC. 30, 2005 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) 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—

Iraq.

Afghanistan.

119 STAT. 2726 PUBLIC LAW 109–148—DEC. 30, 2005

(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

PUBLIC LAW 109–148—DEC. 30, 2005 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 IIera marine railway located at the United States Naval Academy,

Annapolis, Maryland, to the Richardson Maritime Heritage Center,

Cambridge, Maryland.

(b) The marine railway donated under subsection (a) may not

be used for commercial purposes.

SEC. 8122. The Secretary of Defense may present promotional

materials, including a United States flag, to any member of an

Active or Reserve component under the Secretary’s jurisdiction who,

as determined by the Secretary, participates in Operation Enduring

Freedom or Operation Iraqi Freedom, along with other recognition

items in conjunction with any week-long national observation and

day of national celebration, if established by Presidential proclamation, for any such members returning from such operations.

SEC. 8123. Section 8013 of the Department of Defense Appropriations Act, 1994 (Public Law 103–139; 107 Stat. 1440) is

amended by striking ‘‘the report to the President from the Defense

Base Closure and Realignment Commission, July 1991’’ and

inserting ‘‘the reports to the President from the Defense Base Closure and Realignment Commission, July 1991 and July 1993’’.

SEC. 8124. (a) INCREASE IN RATE OF BASIC PAY.—

(1) INCREASE.—Footnote 2 to the table on Enlisted Members

in section 601(b) of the National Defense Authorization Act

for Fiscal Year 2004 (Public Law 108–136; 37 U.S.C. 1009

note) is amended by striking ‘‘or Master Chief Petty Officer

of the Coast Guard’’ and inserting ‘‘Master Chief Petty Officer

of the Coast Guard, or Senior Enlisted Advisor to the Chairman

of the Joint Chiefs of Staff’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall take effect on September 1, 2005, and shall apply

with respect to months beginning on or after that date.

(b) PERSONAL MONEY ALLOWANCE.—Section 414(c) of title 37,

United States Code, is amended by striking ‘‘or the Master Chief

Petty Officer of the Coast Guard’’ and inserting ‘‘the Master Chief

Petty Officer of the Coast Guard, or the Senior Enlisted Advisor

to the Chairman of the Joint Chiefs of Staff’’.

SEC. 8125. Notwithstanding any other provision of this Act,

to reflect savings from revised economic assumptions the total

amount appropriated in title II of this Act is hereby reduced by

$195,260,000, the total amount appropriated in title III of this

Act is hereby reduced by $263,875,000, and the total amount appropriated in title IV of this Act is hereby reduced by $312,165,000:

Provided, That the Secretary of Defense shall allocate this reduction

proportionally to each budget activity, activity group, subactivity

group, and each program, project, and activity, within each appropriation account.

37 USC 1009

note.

119 STAT. 2728 PUBLIC LAW 109–148—DEC. 30, 2005

SEC. 8126. SUPPORT FOR YOUTH ORGANIZATIONS. (a) SHORT

TITLE.—This Act may be cited as the ‘‘Support Our Scouts Act

of 2005’’.

(b) SUPPORT FOR YOUTH ORGANIZATIONS.—

(1) DEFINITIONS.—In this subsection—

(A) the term ‘‘Federal agency’’ means each department,

agency, instrumentality, or other entity of the United

States Government; and

(B) the term ‘‘youth organization’’—

(i) means any organization that is designated by

the President as an organization that is primarily

intended to—

(I) serve individuals under the age of 21 years;

(II) provide training in citizenship, leadership,

physical fitness, service to community, and teamwork; and

(III) promote the development of character and

ethical and moral values; and

(ii) shall include—

(I) the Boy Scouts of America;

(II) the Girl Scouts of the United States of

America;

(III) the Boys Clubs of America;

(IV) the Girls Clubs of America;

(V) the Young Men’s Christian Association;

(VI) the Young Women’s Christian Association;

(VII) the Civil Air Patrol;

(VIII) the United States Olympic Committee;

(IX) the Special Olympics;

(X) Campfire USA;

(XI) the Young Marines;

(XII) the Naval Sea Cadets Corps;

(XIII) 4–H Clubs;

(XIV) the Police Athletic League;

(XV) Big Brothers—Big Sisters of America;

and

(XVI) National Guard Youth Challenge.

(2) IN GENERAL.—

(A) SUPPORT FOR YOUTH ORGANIZATIONS.—

(i) SUPPORT.—No Federal law (including any rule,

regulation, directive, instruction, or order) shall be construed to limit any Federal agency from providing any

form of support for a youth organization (including

the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result

in that Federal agency providing less support to that

youth organization (or any similar organization chartered under the chapter of title 36, United States Code,

relating to that youth organization) than was provided

during the preceding fiscal year. This clause shall be

subject to the availability of appropriations.

(ii) YOUTH ORGANIZATIONS THAT CEASE TO EXIST.—

Clause (i) shall not apply to any youth organization

that ceases to exist.

(iii) WAIVERS.—The head of a Federal agency may

waive the application of clause (i) to any youth

Support Our

Scouts Act of

2005.

10 USC 101 note.

5 USC 301 note.

PUBLIC LAW 109–148—DEC. 30, 2005 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) 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—

10 USC 2554

note.

119 STAT. 2730 PUBLIC LAW 109–148—DEC. 30, 2005

‘‘(A) determines that providing the support subject to paragraph (1) would be detrimental to the national security of

the United States; and

‘‘(B) reports such a determination to the Congress in a

timely manner, and before such support is not provided.’’.

(d) EQUAL ACCESS FOR YOUTH ORGANIZATIONS.—Section 109

of the Housing and Community Development Act of 1974 (42 U.S.C.

5309) is amended—

(1) in the first sentence of subsection (b) by inserting ‘‘or

(e)’’ after ‘‘subsection (a)’’; and

(2) by adding at the end the following:

‘‘(e) EQUAL ACCESS.—

‘‘(1) DEFINITION.—In this subsection, the term ‘youth

organization’ means any organization described under part B

of subtitle II of title 36, United States Code, that is intended

to serve individuals under the age of 21 years.

‘‘(2) IN GENERAL.—No State or unit of general local government that has a designated open forum, limited public forum,

or nonpublic forum and that is a recipient of assistance under

this chapter shall deny equal access or a fair opportunity to

meet to, or discriminate against, any youth organization,

including the Boy Scouts of America or any group officially

affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated

open forum, limited public forum, or nonpublic forum.’’.

SEC. 8127. REGULATIONS TO CLARIFY GIFT ACCEPTANCE POLICY

FOR SERVICE MEMBERS AND THEIR FAMILIES. (a) REGULATIONS.—

The Secretary of Defense shall prescribe regulations to provide

that, subject to such limitations as may be specified in such regulations, members of the Armed Forces described in subsection (c),

and the family members of such a member, may accept gifts from

non-profit organizations, private parties, and other sources outside

the Department of Defense, other than foreign governments and

their agents. Such regulations shall apply uniformly to the Army,

Navy, Air Force, and Marine Corps, and, to the maximum extent

feasible, to the Coast Guard, and shall apply uniformly to the

active and reserve components.

(b) AUTHORITY.—A member of the Armed Forces described in

subsection (c) may accept gifts as provided in the regulations authorized in subsection (a), notwithstanding section 7353 of title 5, United

States Code.

(c) COVERED MEMBERS.—A member of the Armed Forces is

described in this subsection in the case of a member who is on

active duty and who on or after September 11, 2001, and while

on active duty, incurred an injury or illness—

(1) as described in section 1413a(e)(2) of title 10, United

States Code; or

(2) in an operation or area designated as a combat operation

or a combat zone, respectively, by the Secretary of Defense

in accordance with the regulations prescribed under subsection

(a).

(d) DEADLINE FOR REGULATIONS.—Regulations under subsection

(a) shall be prescribed not later than 90 days after the date of

the enactment of this Act.

10 USC note

prec. 2601.

PUBLIC LAW 109–148—DEC. 30, 2005 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. 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.

Termination

date.

119 STAT. 2732 PUBLIC LAW 109–148—DEC. 30, 2005

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,

Army’’, $21,348,886,000.

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,

Navy’’, $1,810,500,000.

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,

Marine Corps’’, $1,833,126,000.

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,

Air Force’’, $2,483,900,000.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance,

Defense-Wide’’, $805,000,000, of which up to $195,000,000, to

remain available until expended, may be used for payments to

reimburse Pakistan, Jordan, and other key cooperating nations,

for logistical, military, and other support provided, or to be provided,

to United States military operations, notwithstanding any other

provision of law: Provided, That such payments may be made in

such amounts as the Secretary of Defense, with the concurrence

of the Secretary of State, and in consultation with the Director

of the Office of Management and Budget, may determine, in his

discretion, based on documentation determined by the Secretary

of Defense to adequately account for the support provided, and

such determination is final and conclusive upon the accounting

officers of the United States, and 15 days following notification

to the appropriate congressional committees: Provided further, That

the Secretary of Defense shall provide quarterly reports to the

congressional defense committees on the use of funds provided

in this paragraph.

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Army Reserve’’, $48,200,000.

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Navy Reserve’’, $6,400,000.

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Marine Corps Reserve’’, $27,950,000.

Reports.

PUBLIC LAW 109–148—DEC. 30, 2005 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, That the Secretary of Defense shall, not fewer than 5

days prior to making transfers from this appropriation, notify the

congressional defense committees in writing of the details of any

such transfer: Provided further, That the Secretary shall submit

a report no later than 30 days after the end of each fiscal quarter

to the congressional defense committees summarizing the details

of the transfer of funds from this appropriation.

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

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

Reports.

Deadline.

Notification.

119 STAT. 2734 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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 CounterDrug 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.

119 STAT. 2736 PUBLIC LAW 109–148—DEC. 30, 2005

(TRANSFER OF FUNDS)

SEC. 9003. Upon his determination that such action is necessary

in the national interest, the Secretary of Defense may transfer

between appropriations up to $2,500,000,000 of the funds made

available to the Department of Defense in this title: Provided,

That the Secretary shall notify the Congress promptly of each

transfer made pursuant to the authority in this section: Provided

further, That the authority provided in this section is in addition

to any other transfer authority available to the Department of

Defense and is subject to the same terms and conditions as the

authority provided in section 8005 of this Act.

SEC. 9004. Funds appropriated in this title, or made available

by the transfer of funds in or pursuant to this title, for intelligence

activities are deemed to be specifically authorized by the Congress

for purposes of section 504 of the National Security Act of 1947

(50 U.S.C. 414).

SEC. 9005. None of the funds provided in this title may be

used to finance programs or activities denied by Congress in fiscal

years 2005 or 2006 appropriations to the Department of Defense

or to initiate a procurement or research, development, test and

evaluation new start program without prior written notification

to the congressional defense committees.

SEC. 9006. Notwithstanding any other provision of law, of the

funds made available in this title to the Department of Defense

for operation and maintenance, not to exceed $500,000,000 may

be used by the Secretary of Defense, with the concurrence of the

Secretary of State, to train, equip and provide related assistance

only to military or security forces of Iraq and Afghanistan to

enhance their capability to combat terrorism and to support United

States military operations in Iraq and Afghanistan: Provided, That

such assistance may include the provision of equipment, supplies,

services, training, and funding: Provided further, That the authority

to provide assistance under this section is in addition to any other

authority to provide assistance to foreign nations: Provided further,

That the Secretary of Defense shall notify the congressional defense

committees, the Committee on International Relations of the House

of Representatives, and the Committee on Foreign Relations of

the Senate not less than 15 days before providing assistance under

the authority of this section.

SEC. 9007. (a) From funds made available in this title to the

Department of Defense, not to exceed $500,000,000 may be used,

notwithstanding any other provision of law, to fund the Commander’s Emergency Response Program, for the purpose of enabling

military commanders in Iraq to respond to urgent humanitarian

relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the

Iraqi people, and to fund a similar program to assist the people

of Afghanistan.

(b) QUARTERLY REPORTS.—Not later than 15 days after the

end of each fiscal year quarter (beginning with the first quarter

of fiscal year 2006), the Secretary of Defense shall submit to the

congressional defense committees a report regarding the source

of funds and the allocation and use of funds during that quarter

that were made available pursuant to the authority provided in

this section or under any other provision of law for the purposes

of the programs under subsection (a).

Notification.

Deadline.

Notification.

PUBLIC LAW 109–148—DEC. 30, 2005 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: Provided, That the Secretary of Defense shall submit a report

in writing no later than 30 days after the end of each fiscal quarter

notifying the congressional defense committees of any purchase

described in this section, including the cost, purposes, and quantities

of vehicles purchased.

SEC. 9009. During the current fiscal year, funds available to

the Department of Defense for operation and maintenance may

be used, notwithstanding any other provision of law, to provide

supplies, services, transportation, including airlift and sealift, and

other logistical support to coalition forces supporting military and

stability operations in Iraq and Afghanistan: Provided, That the

Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this

section.

SEC. 9010. (a) Not later than 60 days after the date of the

enactment of this Act and every 90 days thereafter through the

end of fiscal year 2006, the Secretary of Defense shall set forth

in a report to Congress a comprehensive set of performance indicators and measures for progress toward military and political stability in Iraq.

(b) The report shall include performance standards and goals

for security, economic, and security force training objectives in

Iraq together with a notional timetable for achieving these goals.

(c) In specific, the report requires, at a minimum, the following:

(1) With respect to stability and security in Iraq, the following:

(A) Key measures of political stability, including the

important political milestones that must be achieved over

the next several years.

(B) The primary indicators of a stable security environment in Iraq, such as number of engagements per day,

numbers of trained Iraqi forces, and trends relating to

numbers and types of ethnic and religious-based hostile

encounters.

(C) An assessment of the estimated strength of the

insurgency in Iraq and the extent to which it is composed

of non-Iraqi fighters.

(D) A description of all militias operating in Iraq,

including the number, size, equipment strength, military

effectiveness, sources of support, legal status, and efforts

to disarm or reintegrate each militia.

(E) Key indicators of economic activity that should

be considered the most important for determining the prospects of stability in Iraq, including—

(i) unemployment levels;

(ii) electricity, water, and oil production rates; and

(iii) hunger and poverty levels.

(F) The criteria the Administration will use to determine when it is safe to begin withdrawing United States

forces from Iraq.

(2) With respect to the training and performance of security

forces in Iraq, the following:

Reports.

Deadline.

Reports.

Reports.

Deadline.

119 STAT. 2738 PUBLIC LAW 109–148—DEC. 30, 2005

(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.

PUBLIC LAW 109–148—DEC. 30, 2005 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 X—MATTERS RELATING TO

DETAINEES

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Detainee Treatment Act of

2005’’.

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

DEFENSE.

(a) IN GENERAL.—No person in the custody or under the effective control of the Department of Defense or under detention in

a Department of Defense facility shall be subject to any treatment

or technique of interrogation not authorized by and listed in the

United States Army Field Manual on Intelligence Interrogation.

(b) APPLICABILITY.—Subsection (a) shall not apply with respect

to any person in the custody or under the effective control of

the Department of Defense pursuant to a criminal law or immigration law of the United States.

(c) CONSTRUCTION.—Nothing in this section shall be construed

to affect the rights under the United States Constitution of any

person in the custody or under the physical jurisdiction of the

United States.

SEC. 1003. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY

OR CONTROL OF THE UNITED STATES GOVERNMENT.

(a) IN GENERAL.—No individual in the custody or under the

physical control of the United States Government, regardless of

nationality or physical location, shall be subject to cruel, inhuman,

or degrading treatment or punishment.

(b) CONSTRUCTION.—Nothing in this section shall be construed

to impose any geographical limitation on the applicability of the

prohibition against cruel, inhuman, or degrading treatment or

punishment under this section.

(c) LIMITATION ON SUPERSEDURE.—The provisions of this section

shall not be superseded, except by a provision of law enacted

after the date of the enactment of this Act which specifically repeals,

modifies, or supersedes the provisions of this section.

42 USC 2000dd.

10 USC 801 note.

42 USC 2000dd

note.

Detainee

Treatment Act of

2005.

119 STAT. 2740 PUBLIC LAW 109–148—DEC. 30, 2005

(d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISH- MENT DEFINED.—In this section, the term ‘‘cruel, inhuman, or

degrading treatment or punishment’’ means the cruel, unusual,

and inhumane treatment or punishment prohibited by the Fifth,

Eighth, and Fourteenth Amendments to the Constitution of the

United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention

Against Torture and Other Forms of Cruel, Inhuman or Degrading

Treatment or Punishment done at New York, December 10, 1984.

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

(a) PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL.— In any civil action or criminal prosecution against an officer,

employee, member of the Armed Forces, or other agent of the

United States Government who is a United States person, arising

out of the officer, employee, member of the Armed Forces, or other

agent’s engaging in specific operational practices, that involve detention and interrogation of aliens who the President or his designees

have determined are believed to be engaged in or associated with

international terrorist activity that poses a serious, continuing

threat to the United States, its interests, or its allies, and that

were officially authorized and determined to be lawful at the time

that they were conducted, it shall be a defense that such officer,

employee, member of the Armed Forces, or other agent did not

know that the practices were unlawful and a person of ordinary

sense and understanding would not know the practices were unlawful. Good faith reliance on advice of counsel should be an important

factor, among others, to consider in assessing whether a person

of ordinary sense and understanding would have known the practices to be unlawful. Nothing in this section shall be construed

to limit or extinguish any defense or protection otherwise available

to any person or entity from suit, civil or criminal liability, or

damages, or to provide immunity from prosecution for any criminal

offense by the proper authorities.

(b) COUNSEL.—The United States Government may provide

or employ counsel, and pay counsel fees, court costs, bail, and

other expenses incident to the representation of an officer, employee,

member of the Armed Forces, or other agent described in subsection

(a), with respect to any civil action or criminal prosecution arising

out of practices described in that subsection, under the same conditions, and to the same extent, to which such services and payments

are authorized under section 1037 of title 10, United States Code.

SEC. 1005. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE

THE UNITED STATES.

(a) SUBMITTAL OF PROCEDURES FOR STATUS REVIEW OF

DETAINEES AT GUANTANAMO BAY, CUBA, AND IN AFGHANISTAN AND

IRAQ.—

(1) IN GENERAL.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall

submit to the Committee on Armed Services and the Committee

on the Judiciary of the Senate and the Committee on Armed

Services and the Committee on the Judiciary of the House

of Representatives a report setting forth—

(A) the procedures of the Combatant Status Review

Tribunals and the Administrative Review Boards established by direction of the Secretary of Defense that are

Reports.

Deadline.

10 USC 801 note.

42 USC

2000dd–1.

PUBLIC LAW 109–148—DEC. 30, 2005 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.—

119 STAT. 2742 PUBLIC LAW 109–148—DEC. 30, 2005

(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

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2744 PUBLIC LAW 109–148—DEC. 30, 2005

(e) shall apply with respect to any claim whose review is

governed by one of such paragraphs and that is pending on

or after the date of the enactment of this Act.

SEC. 1006. TRAINING OF IRAQI FORCES REGARDING TREATMENT OF

DETAINEES.

(a) REQUIRED POLICIES.—

(1) IN GENERAL.—The Secretary of Defense shall ensure

that policies are prescribed regarding procedures for military

and civilian personnel of the Department of Defense and contractor personnel of the Department of Defense in Iraq that

are intended to ensure that members of the Armed Forces,

and all persons acting on behalf of the Armed Forces or within

facilities of the Armed Forces, ensure that all personnel of

Iraqi military forces who are trained by Department of Defense

personnel and contractor personnel of the Department of

Defense receive training regarding the international obligations

and laws applicable to the humane detention of detainees,

including protections afforded under the Geneva Conventions

and the Convention Against Torture.

(2) ACKNOWLEDGMENT OF TRAINING.—The Secretary shall

ensure that, for all personnel of the Iraqi Security Forces who

are provided training referred to in paragraph (1), there is

documented acknowledgment of such training having been provided.

(3) DEADLINE FOR POLICIES TO BE PRESCRIBED.—The policies

required by paragraph (1) shall be prescribed not later than

180 days after the date of the enactment of this Act.

(b) ARMY FIELD MANUAL.—

(1) TRANSLATION.—The Secretary of Defense shall provide

for the United States Army Field Manual on Intelligence

Interrogation to be translated into arabic and any other language the Secretary determines appropriate for use by members

of the Iraqi military forces.

(2) DISTRIBUTION.—The Secretary of Defense shall provide

for such manual, as translated, to be provided to each unit

of the Iraqi military forces trained by Department of Defense

personnel or contractor personnel of the Department of Defense.

(c) TRANSMITTAL OF REGULATIONS.—Not less than 30 days after

the date on which regulations, policies, and orders are first prescribed under subsection (a), the Secretary of Defense shall submit

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies

of such regulations, policies, or orders, together with a report on

steps taken to the date of the report to implement this section.

(d) ANNUAL REPORT.—Not less than one year after the date

of the enactment of this Act, and annually thereafter, the Secretary

of Defense shall submit to the Committee on Armed Services of

the Senate and the Committee on Armed Services of the House

of Representatives a report on the implementation of this section.

This division may be cited as the ‘‘Department of Defense

Appropriations Act, 2006’’.

Records.

Reports.

PUBLIC LAW 109–148—DEC. 30, 2005 119 STAT. 2745

DIVISION B

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

That the following sums are appropriated, out of any money

in the Treasury not otherwise appropriated, to address hurricanes

in the Gulf of Mexico and pandemic influenza for the fiscal year

ending September 30, 2006, and for other purposes, namely:

TITLE I

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO

ADDRESS HURRICANES IN THE GULF OF MEXICO

CHAPTER 1

DEPARTMENT OF AGRICULTURE

EXECUTIVE OPERATIONS

WORKING CAPITAL FUND

For necessary expenses of ‘‘Working Capital Fund’’ related to

the consequences of Hurricane Katrina, $35,000,000, to remain

available until expended: Provided, That the amount provided under

this heading is designated as an emergency requirement pursuant

to section 402 of H. Con. Res. 95 (109th Congress), the concurrent

resolution on the budget for fiscal year 2006.

AGRICULTURAL RESEARCH SERVICE

BUILDINGS AND FACILITIES

For an additional amount for ‘‘Buildings and Facilities’’,

$9,200,000, to remain available until September 30, 2007, for necessary expenses related to the consequences of Hurricane Katrina:

Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of

H. Con. Res. 95 (109th Congress), the concurrent resolution on

the budget for fiscal year 2006.

RURAL DEVELOPMENT PROGRAMS

RURAL COMMUNITY ADVANCEMENT PROGRAM

For the cost of grants for the water, waste disposal, and wastewater facilities programs authorized under section 306(a) and 306A

of the Consolidated Farm and Rural Development Act, $45,000,000:

Provided, That funds made available under this paragraph shall

remain available until expended to respond to damage caused by

hurricanes that occurred during the 2005 calendar year: Provided

further, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of

H. Con. Res. 95 (109th Congress), the concurrent resolution on

the budget for fiscal year 2006.

Emergency

Supplemental

Appropriations

Act to Address

Hurricanes in the

Gulf of Mexico

and Pandemic

Influenza, 2006.

119 STAT. 2746 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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.

119 STAT. 2748 PUBLIC LAW 109–148—DEC. 30, 2005

(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 LAND- OWNERS.—

(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

PUBLIC LAW 109–148—DEC. 30, 2005 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 nonFederal 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

119 STAT. 2750 PUBLIC LAW 109–148—DEC. 30, 2005

become uninhabitable or inaccessible as a result of a 2005

hurricane; and

(B) subsection (b) of such section 542 of such Act shall

not apply;

(5) provide loans, loan guarantees and grants from the

Renewable Energy System and Energy Efficiency Improvements

Program authorized in section 9006 of the Farm Security and

Rural Investment Act of 2002 (7 U.S.C. 8106) to any rural

business—

(A) with a cost share requirement not to exceed 50

percent;

(B) without regard to any limitation of the grant

amount; and

(C) which may include businesses processing unsegregated solid waste and paper, as determined by the Secretary;

(6) provide grants under the Value-added Agricultural

Product Market Development Grant Program and Rural

Cooperative Development Grant Program without regard to

any grant amount limitations or matching requirements; and

(7) provide grants under the Community Facilities Grant

Program without regard to any graduated funding requirements, grant amount limitations or matching requirements.

(b) The funds made available under this section are designated

as an emergency requirement pursuant to section 402 of H. Con.

Res. 95 (109th Congress), the concurrent resolution on the budget

for fiscal year 2006.

SEC. 106. Section 759 of the Agriculture, Rural Development,

Food and Drug Administration and Related Agencies Appropriations

Act, 2006 (Public Law 109–97) is amended to read as follows:

‘‘SEC. 759. None of the funds appropriated or otherwise made

available under this or any other Act shall be used to pay the

salaries and expenses of personnel to expend more than $12,000,000

of the funds initially made available for fiscal year 2006 by section

310(a)(2) of the Biomass Research and Development Act of 2000

(7 U.S.C. 7624 note).’’.

SEC. 107. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.

(a) Section 1231 of the Food Security Act of 1985 (16 U.S.C.

3831) is amended by adding at the end the following:

‘‘(k) EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.—

‘‘(1) DEFINITIONS.—In this subsection:

‘‘(A) MERCHANTABLE TIMBER.—The term ‘merchantable

timber’ means timber on private nonindustrial forest land

on which the average tree has a trunk diameter of at

least 6 inches measured at a point no less than 4.5 feet

above the ground.

‘‘(B) PRIVATE NONINDUSTRIAL FOREST LAND.—The term

‘private nonindustrial forest land’ includes State school

trust land.

‘‘(2) PROGRAM.—During calendar year 2006, the Secretary

shall carry out an emergency pilot program in States that

the Secretary determines have suffered damage to merchantable timber in counties affected by hurricanes during the 2005

calendar year.

Ante, p. 2158.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2752 PUBLIC LAW 109–148—DEC. 30, 2005

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

PUBLIC LAW 109–148—DEC. 30, 2005 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.

119 STAT. 2754 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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.

119 STAT. 2756 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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: 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:

Notification.

Deadline.

119 STAT. 2758 PUBLIC LAW 109–148—DEC. 30, 2005

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

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2760 PUBLIC LAW 109–148—DEC. 30, 2005

expenses related to the consequences of hurricanes in the Gulf

of Mexico in calendar year 2005: Provided, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),

the concurrent resolution on the budget for fiscal year 2006.

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of the Inspector General’’, $310,000, to remain available until September 30, 2006, for necessary expenses related to the consequences of hurricanes in the

Gulf of Mexico in calendar year 2005: Provided, That the amount

provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),

the concurrent resolution on the budget for fiscal year 2006.

GENERAL PROVISIONS—THIS CHAPTER

(TRANSFER OF FUNDS)

SEC. 201. Upon his determination that such action is necessary

to ensure the appropriate allocation of funds provided in this

chapter, the Secretary of Defense may transfer up to $500,000,000

of the funds made available to the Department of Defense in this

chapter between such appropriations: Provided, That the Secretary

shall notify the Congress promptly of each transfer made pursuant

to this authority: Provided further, That the transfer authority

provided in this section is in addition to any other transfer authority

available to the Department of Defense: Provided further, That

the amount made available by the transfer of the funds in or

pursuant to this section is designated as an emergency requirement

pursuant to section 402 of H. Con. Res. 95 (109th Congress), the

concurrent resolution on the budget for fiscal year 2006.

SEC. 202. Notwithstanding section 701(b) of title 10, United

States Code, the Secretary of Defense may authorize a member

of the Armed Forces on active duty who performed duties in support

of disaster relief operations in connection with hurricanes in the

Gulf of Mexico in calendar year 2005 and who, except for this

section, would lose any accumulated leave in excess of 60 days

at the end of fiscal year 2005 to retain an accumulated leave

total not to exceed 120 days leave. Except as provided in section

701(f) of title 10, United States Code, leave in excess of 60 days

accumulated under this section is lost unless used by the member

before October 1, 2007.

SEC. 203. Notwithstanding 37 U.S.C. 403(b), the Secretary of

Defense may prescribe a temporary adjustment in the geographic

location rates of the basic allowance for housing in a military

housing area located within an area declared a major disaster

under the Robert T. Stafford Disaster Relief and Emergency Act

(42 U.S.C. 5121 et seq.) resulting from hurricanes in the Gulf

of Mexico in calendar year 2005.

(1) Such temporary adjustment shall be based upon the

Secretary’s redetermination of housing costs in an affected area

and at a rate that shall not exceed 20 percent of the current

rate for an affected area.

(2) Members in an affected military housing area must

certify that an increased housing cost above the current rate

Accumulated

leave.

Employment and

labor.

Notification.

PUBLIC LAW 109–148—DEC. 30, 2005 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: 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 quasistate 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.

Deadlines.

119 STAT. 2762 PUBLIC LAW 109–148—DEC. 30, 2005

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, IL- LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN- NESSEE

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

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2764 PUBLIC LAW 109–148—DEC. 30, 2005

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

PUBLIC LAW 109–148—DEC. 30, 2005 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. 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.

Accumulated

leave.

Employment and

labor.

119 STAT. 2766 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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.

119 STAT. 2768 PUBLIC LAW 109–148—DEC. 30, 2005

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

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2770 PUBLIC LAW 109–148—DEC. 30, 2005

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, DefenseWide’’, $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.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2772 PUBLIC LAW 109–148—DEC. 30, 2005

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 Administra- tion’’, $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.

PUBLIC LAW 109–148—DEC. 30, 2005 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 PROVISIONS—THIS CHAPTER

SEC. 701. The limitation of Federal contribution established

under section 18236(b) of title 10 is hereby waived for projects

appropriated in this chapter.

SEC. 702. For any real property expressly granted to the United

States since January 1, 1980 for use as or in connection with

a Navy homeport subject to a reversionary interest retained by

the grantor and serving as the site of or being used by a naval

station subsequently closed or realigned pursuant to the Defense

Base Closure and Realignment Act of 1990 as amended, the right

of the United States to any consideration or repayment for the

fair market value of the real property as improved shall be released,

relinquished, waived, or otherwise permanently extinguished. The

Secretary shall execute such written agreements as may be needed

to facilitate the reversion and transfer all right, title, and interest

of the United States in any real property described in this section,

including the improvements thereon, for no consideration to the

reversionary interest holder as soon as practicable after the naval

station is closed or realigned. This agreement shall not require

the reversionary interest holder to assume any environmental liabilities of the United States or relieve the United States from any

responsibilities for environmental remediation that it may have

incurred as a result of federal ownership or use of the real property.

SEC. 703. (a) Notwithstanding 38 U.S.C. 2102, the Secretary

of Veterans Affairs may make a grant to a veteran whose home

was previously adapted with the assistance of a grant under chapter

21 of title 38, United States Code, in the event the adapted home

which was being used and occupied by the veteran was destroyed

or substantially damaged in the declared disaster areas as a result

of hurricanes in the Gulf of Mexico in calendar year 2005, as

determined by the President under the Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). The grant is available

to acquire a suitable housing unit with special fixtures or moveable

facilities made necessary by the veteran’s disability, and necessary

land therefor. This authority expires on September 30, 2006: Provided, That the amount provided under this heading is designated

as an emergency requirement pursuant to section 402 of H. Con.

Res. 95 (109th Congress), the concurrent resolution on the budget

for fiscal year 2006.

(b) The amount of the grant authorized by this subsection

may not exceed the lesser of—

Expiration date.

Contracts.

Real property.

Reversionary

interest.

10 USC 5013

note.

Veterans.

119 STAT. 2774 PUBLIC LAW 109–148—DEC. 30, 2005

(1) the reasonable cost, as determined by the Secretary

of Veterans Affairs, of repairing or replacing the adapted home

in excess of the available insurance coverage on the damaged

or destroyed home; or

(2) the maximum grant to which the veteran would have

been entitled under 38 U.S.C. 2102 (a) or (b) had the veteran

not obtained the prior grant.

SEC. 704. In any case where the Secretary of Veterans Affairs

determines that a veteran described in 38 U.S.C. 3108(a)(2) has

been displaced as the result of hurricanes in the Gulf of Mexico

in calendar year 2005, from the disaster area, as determined by

the President under the Disaster Relief and Emergency Assistance

Act (42 U.S.C. 5121 et seq.), the Secretary may extend the payment

of subsistence allowance authorized by such paragraph for up to

an additional two months while the veteran is satisfactorily following such program of employment services. This authority expires

on September 30, 2006: Provided, That the amount provided under

this heading is designated as an emergency requirement pursuant

to section 402 of H. Con. Res. 95 (109th Congress), the concurrent

resolution on the budget for fiscal year 2006.

SEC. 705. The annual limitation contained in 38 U.S.C. 3120(e)

shall not apply in any case where the Secretary of Veterans Affairs

determines that a veteran described in 38 U.S.C. 3120(b) has been

displaced as the result of, or has otherwise been adversely affected

in the areas covered by hurricanes in the Gulf of Mexico in calendar

year 2005, as determined by the President under the Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

This authority expires on September 30, 2006: Provided, That the

amount provided under this heading is designated as an emergency

requirement pursuant to section 402 of H. Con. Res. 95 (109th

Congress), the concurrent resolution on the budget for fiscal year

2006.

SEC. 706. Notwithstanding 38 U.S.C. 3903(a), the Secretary

of Veterans Affairs may provide or assist in providing an eligible

person with a second automobile or other conveyance under the

provisions of chapter 39 of title 38 United States Code, if the

Secretary receives satisfactory evidence that the automobile or other

conveyance previously purchased with assistance under such

chapter was destroyed as a result of hurricanes in the Gulf of

Mexico in calendar year 2005, and through no fault of the eligible

person: Provided, That that person does not otherwise receive from

a property insurer compensation for the loss. This authority expires

on September 30, 2006: Provided further, That the amount provided

under this heading is designated as an emergency requirement

pursuant to section 402 of H. Con. Res. 95 (109th Congress), the

concurrent resolution on the budget for fiscal year 2006.

CHAPTER 8

DEPARTMENT OF JUSTICE

LEGAL ACTIVITIES

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for ‘‘Salaries and Expenses, United

States Attorneys’’, $9,000,000, for necessary expenses related to

the consequences of hurricanes in the Gulf of Mexico in calendar

Expiration date.

Expiration date.

Expiration date.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2776 PUBLIC LAW 109–148—DEC. 30, 2005

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 Facili- ties’’, $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.

PUBLIC LAW 109–148—DEC. 30, 2005 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. 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

Manufacturers.

119 STAT. 2778 PUBLIC LAW 109–148—DEC. 30, 2005

infrastructure. Any transfer made under this section shall be subject

to section 605 of Public Law 109–108.

CHAPTER 9

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For an additional amount for ‘‘Facilities and equipment’’,

$40,600,000, to be derived from the Airport and Airway Trust

Fund and to remain available until expended, for necessary

expenses related to the consequences of hurricanes in the Gulf

of Mexico during calendar year 2005: Provided, That the amount

provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),

the concurrent resolution on the budget for fiscal year 2006.

FEDERAL HIGHWAY ADMINISTRATION

EMERGENCY RELIEF PROGRAM

For an additional amount for ‘‘Emergency relief program’’ as

authorized under 23 U.S.C. 125, $2,750,000,000, to remain available

until expended, for necessary expenses related to the consequences

of Hurricanes Katrina, Rita, and Wilma: Provided, That of the

funds provided herein, up to $629,000,000 shall be available to

repair and reconstruct the I–10 bridge spanning New Orleans and

Slidell, Louisiana in accordance with current design standards as

contained in 23 U.S.C. 125: Provided further, That notwithstanding

23 U.S.C. 120(e) and from funds provided herein, the Federal share

for all projects for repairs or reconstruction of highways, roads,

bridges, and trails to respond to damage caused by Hurricanes

Katrina, Rita, and Wilma shall be 100 percent: Provided further,

That notwithstanding 23 U.S.C. 125(d)(1), the Secretary of

Transportation may obligate more than $100,000,000 for such

projects in a State in a fiscal year, to respond to damage caused

by Hurricanes Dennis, Katrina, Rita or Wilma and by the 2004–

2005 winter storms in the State of California: Provided further,

That any amounts in excess of those necessary for emergency

expenses relating to the above hurricanes may be used for other

projects authorized under 23 U.S.C. 125: Provided further, That

such amounts as may be necessary but not to exceed $550,000,000

may be made available promptly from the funds provided herein

to pay for other projects authorized under 23 U.S.C. 125 arising

from natural disasters or catastrophic failures from external causes

that occurred prior to Hurricane Wilma and that are ready to

proceed to construction or are eligible for reimbursement: Provided

further, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of

H. Con. Res. 95 (109th Congress), the concurrent resolution on

the budget for fiscal year 2006.

California.

PUBLIC LAW 109–148—DEC. 30, 2005 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 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

Vouchers.

119 STAT. 2780 PUBLIC LAW 109–148—DEC. 30, 2005

authorized under title I of the Housing and Community Development Act of 1974 (Public Law 93–383): Provided, That no State

shall receive more than 54 percent of the amount provided under

this heading: Provided further, That funds provided under this

heading shall be administered through an entity or entities designated by the Governor of each State: Provided further, That

such funds may not be used for activities reimbursable by or for

which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further,

That funds allocated under this heading shall not adversely affect

the amount of any formula assistance received by a State under

this heading: Provided further, That each State may use up to

five percent of its allocation for administrative costs: Provided further, That Louisiana and Mississippi may each use up to

$20,000,000 (with up to $400,000 each for technical assistance)

from funds made available under this heading for LISC and the

Enterprise Foundation for activities authorized by section 4 of the

HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in

effect immediately before June 12, 1997, and for activities authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, including demolition, site clearance and remediation, and program administration: Provided further, That in administering the funds under this heading, the Secretary of Housing

and Urban Development shall waive, or specify alternative requirements for, any provision of any statute or regulation that the

Secretary administers in connection with the obligation by the

Secretary or the use by the recipient of these funds or guarantees

(except for requirements related to fair housing, nondiscrimination,

labor standards, and the environment), upon a request by the

State that such waiver is required to facilitate the use of such

funds or guarantees, and a finding by the Secretary that such

waiver would not be inconsistent with the overall purpose of the

statute, as modified: Provided further, That the Secretary may

waive the requirement that activities benefit persons of low and

moderate income, except that at least 50 percent of the funds

made available under this heading must benefit primarily persons

of low and moderate income unless the Secretary otherwise makes

a finding of compelling need: Provided further, That the Secretary

shall publish in the Federal Register any waiver of any statute

or regulation that the Secretary administers pursuant to title I

of the Housing and Community Development Act of 1974 no later

than 5 days before the effective date of such waiver: Provided

further, That every waiver made by the Secretary must be reconsidered according to the three previous provisos on the two-year

anniversary of the day the Secretary published the waiver in the

Federal Register: Provided further, That prior to the obligation

of funds each State shall submit a plan to the Secretary detailing

the proposed use of all funds, including criteria for eligibility and

how the use of these funds will address long-term recovery and

restoration of infrastructure: Provided further, That each State

will report quarterly to the Committees on Appropriations on all

awards and uses of funds made available under this heading,

including specifically identifying all awards of sole-source contracts

and the rationale for making the award on a sole-source basis:

Provided further, That the Secretary shall notify the Committees

on Appropriations on any proposed allocation of any funds and

any related waivers made pursuant to these provisions under this

Notification.

Reports.

Federal Register,

publication.

Deadline.

PUBLIC LAW 109–148—DEC. 30, 2005 119 STAT. 2781

heading no later than 5 days before such waiver is made: Provided

further, That the Secretary shall establish procedures to prevent

recipients from receiving any duplication of benefits and report

quarterly to the Committees on Appropriations with regard to all

steps taken to prevent fraud and abuse of funds made available

under this heading including duplication of benefits: Provided further, That the amounts provided under this heading are designated

as an emergency requirement pursuant to section 402 of H. Con.

Res. 95 (109th Congress), the concurrent resolution on the budget

for fiscal year 2006.

ADMINISTRATIVE PROVISIONS

SEC. 901. Notwithstanding provisions of the United States

Housing Act of 1937 (Public Law 93–383), in order to assist public

housing agencies located within the most heavily impacted areas

of Louisiana and Mississippi that are subject to a declaration by

the President of a major disaster under the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121

et seq.) in connection with Hurricane Katrina or Rita, the Secretary

for calendar year 2006 may authorize a public housing agency

to combine assistance provided under sections 9(d) and (e) of the

United States Housing Act of 1937 and assistance provided under

section 8(o) of such Act, for the purpose of facilitating the prompt,

flexible and efficient use of funds provided under these sections

of the Act to assist families who were receiving housing assistance

under the Act immediately prior to Hurricane Katrina or Rita

and were displaced from their housing by the hurricanes.

SEC. 902. To the extent feasible the Secretary of Housing and

Urban Development shall preserve all housing within the area

declared a major disaster under the Robert T. Stafford Disaster

Relief and Emergency Act (42 U.S.C. 5121 et seq.) resulting from

Hurricane Katrina or Rita that received project-based assistance

under section 8 or 9 of the United States Housing Act of 1937,

section 801 or 811 of the Cranston-Gonzalez National Affordable

Housing Act, the AIDS Housing Opportunity Act, or the Stewart

B. McKinney Homeless Assistance Act: Provided, That the Secretary

shall report to the Committees on Appropriations on the status

of all such housing, including costs associated with any repair

or rehabilitation, within 120 days of enactment of this Act.

THE JUDICIARY

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and expenses, Courts

of Appeals, District Courts, and Other Judicial Services’’,

$18,000,000, to remain available until expended, for necessary

expenses related to the consequences of hurricanes in the Gulf

of Mexico during calendar year 2005: Provided, That notwithstanding any other provision of law such sums shall be available

for transfer to accounts within the Judiciary subject to approval

of the Judiciary operating plan: Provided further, That the amount

Reports.

Deadline.

Reports.

119 STAT. 2782 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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.

119 STAT. 2784 PUBLIC LAW 109–148—DEC. 30, 2005

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’ for

necessary expenses related to vaccine purchases, storage, expanded

avian influenza surveillance programs, equipment, essential

information management systems, and laboratory diagnostic equipment, $120,000,000: Provided, That the amount provided under

this heading is designated as an emergency requirement pursuant

to section 402 of H. Con. Res. 95 (109th Congress), the concurrent

resolution on the budget for fiscal year 2006.

CHAPTER 3

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

For an additional amount for ‘‘Child Survival and Health Programs Fund’’ for activities related to surveillance, planning,

preparedness, and response to the avian influenza virus,

$75,200,000, to remain available until expended: Provided, That

funds appropriated by this paragraph may be obligated and

expended notwithstanding section 10 of Public Law 91–672: Provided further, That the amount provided under this heading is

designated as an emergency requirement pursuant to section 402

of H. Con. Res. 95 (109th Congress), the concurrent resolution

on the budget for fiscal year 2006.

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For an additional amount for ‘‘International Disaster and

Famine Assistance’’ for the pre-positioning and deployment of essential supplies and equipment for preparedness and response to the

avian influenza virus, $56,330,000, to remain available until

expended: Provided, That funds appropriated by this paragraph

may be obligated and expended notwithstanding section 10 of Public

Law 91–672: Provided further, That the amount provided under

this heading is designated as an emergency requirement pursuant

to section 402 of H. Con. Res. 95 (109th Congress), the concurrent

resolution on the budget for fiscal year 2006.

GENERAL PROVISION—THIS CHAPTER

SEC. 2301. Within 30 days from the date of enactment of

this Act and every six months thereafter, the Administrator of

the United States Agency for International Development shall

submit to the Committees on Appropriations a report which identifies, for all projects funded from amounts appropriated by this

Act that are administered by that agency, the following: the program

objectives for each such project, the approximate timeline for

achieving each of those objectives, the amounts obligated and

expended for each project, and the current status of program

Deadline.

Reports.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2786 PUBLIC LAW 109–148—DEC. 30, 2005

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

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2788 PUBLIC LAW 109–148—DEC. 30, 2005

section 15 of the State Department Basic Authorities Act of 1956:

Provided further, That notwithstanding section 402 of Public Law

109–108, upon a determination by the Secretary of State that

circumstances related to the avian influenza require additional

funding for activities under this heading, the Secretary of State

may transfer such amounts to ‘‘Emergencies in the Diplomatic

and Consular Service’’ from available appropriations for the current

fiscal year for the Department of State as may be necessary to

respond to such circumstances: Provided further, That any transfer

pursuant to the previous proviso shall be treated as a reprogramming of funds under section 605 of Public Law 109–108 and shall

not be available for obligation or expenditure except in compliance

with the procedures set forth in that section, except that the

Committees on Appropriations shall be notified not less than 5

days in advance of any such reprogramming: Provided further,

That the amount provided under this heading is designated as

an emergency requirement pursuant to section 402 of H. Con.

Res. 95 (109th Congress), the concurrent resolution on the budget

for fiscal year 2006.

TITLE III

RESCISSIONS AND OFFSETS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

(RESCISSION)

Of the unobligated balances available under this heading, $10,000,000 are rescinded: Provided, That funds for projects or

activities identified in the Statement of Managers that accompanies

House Report 109–255, pages 84 through 87, shall not be reduced

due to such rescission.

RURAL UTILITIES SERVICE

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

(RESCISSION)

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

FOOD AND NUTRITION SERVICE

FOOD STAMP PROGRAM

(RESCISSION)

Of unobligated balances available under this heading of funds

provided pursuant to section 16(h)(1)(A) of the Food Stamp Act

of 1977, $11,200,000 are rescinded.

Notification.

Deadline.

PUBLIC LAW 109–148—DEC. 30, 2005 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.

119 STAT. 2790 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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 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

Ante, p. 2416.

119 STAT. 2792 PUBLIC LAW 109–148—DEC. 30, 2005

(2) within each such account and item, to each program,

project, and activity (with programs, projects, and activities

as delineated in the appropriation Act or accompanying reports

for the relevant fiscal year covering such account or item,

or for accounts and items not included in appropriation Acts,

as delineated in the most recently submitted President’s

budget).

(c) EXCEPTIONS.—This section shall not apply—

(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con. Res. 95 (109th

Congress), the concurrent resolution on the budget for fiscal

year 2006; or

(2) to discretionary authority appropriated or otherwise

made available to the Department of Veterans Affairs.

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management

and Budget shall submit to the Committees on Appropriations

of the House of Representatives and the Senate a report specifying

the account and amount of each rescission made pursuant to this

section.

TITLE IV—HURRICANE EDUCATION

RECOVERY ACT

Subtitle A—Elementary and Secondary

Education Hurricane Relief

SEC. 101. FINDINGS; DEFINITIONS.

(a) FINDINGS.—Congress finds the following:

(1) Hurricane Katrina and Hurricane Rita have had a

devastating and unprecedented impact on students who

attended schools in the disaster areas.

(2) Due to the devastating effects of Hurricane Katrina

and Hurricane Rita, a significant number of students have

enrolled in schools outside of the area in which they resided,

including a significant number of students who enrolled in

non-public schools because their parents chose to enroll them

in such schools.

(3) 372,000 students were displaced by Hurricane Katrina.

Approximately 700 schools have been damaged or destroyed.

Nine States each have more than 1,000 of such displaced students enrolled in their schools. In Texas alone, over 45,000

displaced students have enrolled in schools.

(4) In response to these extraordinary conditions, this subtitle creates a one-time only emergency grant for the 2005–

2006 school year tailored to the needs and particular circumstances of students displaced by Hurricane Katrina and

Hurricane Rita.

(5) The level and type of assistance provided under this

subtitle, both for students attending public schools and students

attending non-public schools, is made available solely because

of the unprecedented nature of the crisis, the massive dislocation of students, and the short duration of the services or

assistance.

Deadline.

PUBLIC LAW 109–148—DEC. 30, 2005 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 nonpublic 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

119 STAT. 2794 PUBLIC LAW 109–148—DEC. 30, 2005

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 nonpublic school that is or may be entitled to receive, from another

source, benefits for the same purposes as under this section

if—

PUBLIC LAW 109–148—DEC. 30, 2005 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.—

119 STAT. 2796 PUBLIC LAW 109–148—DEC. 30, 2005

(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

PUBLIC LAW 109–148—DEC. 30, 2005 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).

119 STAT. 2798 PUBLIC LAW 109–148—DEC. 30, 2005

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

(a) TEMPORARY EMERGENCY IMPACT AID AUTHORIZED.— (1) AID TO STATE EDUCATIONAL AGENCIES.—From amounts

appropriated to carry out this subtitle, the Secretary of Education shall provide emergency impact aid to State educational

agencies to enable the State educational agencies to make

emergency impact aid payments to eligible local educational

agencies and eligible BIA-funded schools to enable—

(A) such eligible local educational agencies and schools

to provide for the instruction of students served by such

agencies and schools; and

(B) such eligible local educational agencies to make

immediate impact aid payments to accounts established

on behalf of displaced students (referred to in this section

as ‘‘accounts’’) who are attending eligible non-public schools

located in the areas served by the eligible local educational

agencies.

(2) AID TO LOCAL EDUCATIONAL AGENCIES AND BIA-FUNDED

SCHOOLS.—A State educational agency shall make emergency

impact aid payments to eligible local educational agencies and

eligible BIA-funded schools in accordance with subsection (d).

(3) STATE EDUCATIONAL AGENCIES IN CERTAIN STATES.—

In the case of the States of Louisiana and Mississippi, the

State educational agency shall carry out the activities of eligible

local educational agencies that are unable to carry out this

section, including eligible local educational agencies in such

States for which the State exercises the authorities normally

exercised by such local educational agencies.

(4) NOTICE OF FUNDS AVAILABILITY.—Not later than 14

calendar days after the date of enactment of this Act, the

Secretary of Education shall publish in the Federal Register

a notice of the availability of funds under this section.

(b) DEFINITIONS.—In this section:

(1) DISPLACED STUDENT.—The term ‘‘displaced student’’

means a student who enrolled in an elementary school or

secondary school (other than the school that the student was

enrolled in, or was eligible to be enrolled in, on August 22,

2005) because such student resides or resided on August 22,

2005, in an area for which a major disaster has been declared

in accordance with section 401 of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5170), related

to Hurricane Katrina or Hurricane Rita.

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—The term

‘‘eligible local educational agency’’ means a local educational

agency that serves—

(A) an elementary school or secondary school (including

a charter school) in which there is enrolled a displaced

student; or

(B) an area in which there is located an eligible nonpublic school.

(3) ELIGIBLE NON-PUBLIC SCHOOL.—The term ‘‘eligible nonpublic 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

Deadline.

Federal Register,

publication.

PUBLIC LAW 109–148—DEC. 30, 2005 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) 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 BIAfunded 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

Deadlines.

119 STAT. 2800 PUBLIC LAW 109–148—DEC. 30, 2005

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 BIAfunded 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

PUBLIC LAW 109–148—DEC. 30, 2005 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 BIAfunded school for such quarter (as determined

under subsection (c)(2)) times $6,000; and

(II) the number of displaced students who are

children with disabilities reported by the eligible

local educational agency or eligible BIA-funded

school for such quarter (as determined under subsection (c)(2)) times $7,500.

(iii) TIMELINE.—The Secretary of Education shall

establish a timeline for quarterly reporting on the

number of displaced students in order to make the

appropriate disbursements in a timely manner.

(iv) INSUFFICIENT FUNDS.—If, for any quarter, the

amount available under this section to make payments

under this subsection is insufficient to pay the full

amount that an eligible local educational agency or

eligible BIA-funded school is eligible to receive under

this section, the State educational agency shall ratably

reduce the amount of such payments.

(B) MAXIMUM PAYMENT TO ACCOUNT.—In providing

quarterly payments to an account for the 2005–2006 school

year on behalf of a displaced student for each quarter

Deadline.

Reports.

119 STAT. 2802 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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) 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 BIAFUNDED 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—

Deadline.

119 STAT. 2804 PUBLIC LAW 109–148—DEC. 30, 2005

(A) any aid provided to the agency under this section

that the agency has not obligated by the end of the 2005–

2006 school year in accordance with this section; and

(B) any payment funds returned to the State educational agency under paragraph (1).

(g) LIMITATION ON USE OF AID AND PAYMENTS.—Aid and payments provided under this section shall only be used for expenses

incurred during the 2005–2006 school year.

(h) ADMINISTRATIVE EXPENSES.—A State educational agency

that receives emergency impact aid under this section may use

not more than 1 percent of such aid for administrative expenses.

An eligible local educational agency or eligible BIA-funded school

that receives emergency impact aid payments under this section

may use not more than 2 percent of such payments for administrative expenses.

(i) SPECIAL FUNDING RULE.—In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 7703) for an eligible local educational agency that

receives an emergency impact aid payment under this section, the

Secretary of Education shall not count displaced students served

by such agency for whom an emergency impact aid payment is

received under this section, nor shall such students be counted

for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C.

7703(b)(3)(B)(i)).

(j) NOTICE.—Each State receiving emergency impact aid under

this section shall provide, to the parent or guardian of each displaced student for whom a payment is made under this section

to an account who resides in such State, notification that—

(1) such parent or guardian has the option of enrolling

such student in a public school or a non-public school; and

(2) the temporary emergency impact aid for displaced students provided under this section is temporary and is only

available for the 2005–2006 school year.

(k) BYPASS.—For a State in which State law prohibits the

State from using Federal funds to directly provide services on

behalf of students attending non-public schools and provides that

another entity shall provide such services, the Secretary of Education shall make such arrangements with that entity.

(l) REDIRECTION OF FUNDS.—

(1) IN GENERAL.—If a State educational agency or eligible

local educational agency is unable to carry out this section,

the Secretary of Education shall make such arrangements with

the State as the Secretary determines appropriate to carry

out this section on behalf of displaced students attending an

eligible non-public school in the area served by such agency.

(2) SPECIAL RULE.—If an eligible local educational agency

does not make a payment to an account within 14 calendar

days of receipt of funds provided under this section, then—

(A) the eligible local educational agency shall return

the funds received that quarter for such account to the

State educational agency; and

(B) the State educational agency shall ensure that

the proper payment to such account for such quarter is

made not later than 14 calendar days after the date of

the receipt of funds under subparagraph (A), before any

Deadlines.

PUBLIC LAW 109–148—DEC. 30, 2005 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.

119 STAT. 2806 PUBLIC LAW 109–148—DEC. 30, 2005

SEC. 108. SEVERABILITY.

If any provision of this subtitle, an amendment made by this

subtitle, or the application of such provision or amendment to

any person or circumstance is held to be unconstitutional, the

remainder of this subtitle, the amendments made by this subtitle,

and the application of the provisions of such to any person or

circumstance shall not be affected thereby.

SEC. 109. AUTHORIZATION OF FUNDS.

There are authorized to be appropriated such sums as may

be necessary to carry out sections 102, 106, and 107.

SEC. 110. SUNSET PROVISION.

Except as provided in section 105, the provisions of this subtitle

shall be effective for the period beginning on the date of enactment

of this Act and ending on August 1, 2006.

Subtitle B—Higher Education Hurricane

Relief

SEC. 201. SHORT TITLE.

This subtitle may be cited as the ‘‘Higher Education Hurricane

Relief Act of 2005’’.

SEC. 202. GENERAL WAIVERS AND MODIFICATIONS.

(a) AUTHORITY.—Notwithstanding any other provision of law,

unless enacted with specific reference to this section, the Secretary

is authorized to waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under

title IV of the Higher Education Act of 1965 (20 U.S.C. 1070

et seq.), or any student or institutional eligibility provisions in

the Higher Education Act of 1965, as the Secretary deems necessary

in connection with a Gulf hurricane disaster to ensure that—

(1) administrative requirements placed on affected students, affected individuals, affected institutions, lenders, guaranty agencies, and grantees are minimized to the extent possible without impairing the integrity of the higher education

programs under the Higher Education Act of 1965, to ease

the burden on such participants; or

(2) institutions of higher education, lenders, guaranty agencies, and other entities participating in the student financial

assistance programs under title IV of the Higher Education

Act of 1965, that serve an area affected by a Gulf hurricane

disaster, may be granted temporary relief from requirements

that are rendered infeasible or unreasonable due to the effects

of a Gulf hurricane disaster, including due diligence requirements and reporting deadlines.

(b) AUTHORITY TO EXTEND OR WAIVE REPORTING REQUIREMENTS

UNDER SECTION 131(a).—The Secretary is authorized to extend

reporting deadlines or waive reporting requirements under section

131(a) of the Higher Education Act of 1965 (20 U.S.C. 1015(a))

for an affected institution.

(c) CONSTRUCTION.—Nothing in this subtitle shall be construed—

(1) to allow the Secretary to waive or modify any applicable

statutory or regulatory requirements prohibiting discrimination

Higher Education

Hurricane Relief

Act of 2005.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2808 PUBLIC LAW 109–148—DEC. 30, 2005

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.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2810 PUBLIC LAW 109–148—DEC. 30, 2005

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

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2812 PUBLIC LAW 109–148—DEC. 30, 2005

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 schoolage 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

PUBLIC LAW 109–148—DEC. 30, 2005 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. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in either division A or division B

shall be treated as referring only to the provisions of that division.

SEC. 5003. Effective upon the enactment of this Act, none

of the funds appropriated or otherwise made available by the 2001

Emergency Supplemental Appropriations Act for Recovery from and

Response to Terrorist Attacks on the United States (Public Law

107–38) shall be transferred to or from the Emergency Response

Fund.

SEC. 5004. Title I of the Agriculture, Rural Development, Food

and Drug Administration, and Related Agencies Appropriations

Act, 2006 (Public Law 109–97) is amended in the paragraph under

the heading ‘‘Cooperative State Research, Education, and Extension

Service, Research and Education Activities’’ (109 Stat. 2126) by

inserting ‘‘, to remain available until expended’’ after ‘‘for a veterinary medicine loan repayment program pursuant to section 1415A

of the National Agricultural Research, Extension, and Teaching

Policy Act of 1977 (7 U.S.C. 3101 et seq.), $500,000’’.

SEC. 5005. Section 207 of division C of Public Law 108–447

is amended by inserting ‘‘, and any effects of inflation thereon,’’

after the word ‘‘increase’’.

SEC. 5006. The matter under the heading ‘‘Water and Related

Resources’’ in Public Law 109–103 is amended by inserting before

the period at the end the following: ‘‘: Provided further, That

Ante, p. 2265.

118 Stat. 2950.

Effective date.

1 USC 1 note.

119 STAT. 2814 PUBLIC LAW 109–148—DEC. 30, 2005

$10,000,000 of the funds appropriated under this heading shall

be deposited in the San Gabriel Basin Restoration Fund established

by section 110 of title I of appendix D of Public Law 106–554’’.

SEC. 5007. The funds appropriated in Public Law 109–103

under the heading ‘‘Bureau of Reclamation, Water and Related

Resources’’ for the Placer County, California Sub-Regional Wastewater Treatment Project are hereby transferred to and merged

with the amount appropriated in such public law under the heading

‘‘Corps of Engineers—Civil, Construction’’, and shall be used for

the construction of such project under the same terms and conditions that would have been applicable if such funds had originally

been appropriated to the Corps of Engineers.

SEC. 5008. Section 118 of Public Law 109–103 is amended

by striking ‘‘106–541’’ and inserting ‘‘106–53’’ in lieu thereof.

SEC. 5009. Public Law 109–103 is amended under the heading

‘‘Corps of Engineers—Civil, Investigations’’, by striking ‘‘Provided

further, That using $8,000,000’’ and all that follows to the end

of the paragraph, and inserting in lieu thereof, ‘‘Provided further, That using $8,000,000 of the funds provided herein, the Secretary

of the Army, acting through the Chief of Engineers, is directed

to conduct a comprehensive hurricane protection analysis and

design at full federal expense to develop and present a full range

of flood control, coastal restoration, and hurricane protection measures exclusive of normal policy considerations for South Louisiana

and the Secretary shall submit a preliminary technical report for

comprehensive Category 5 protection within 6 months of enactment

of this Act and a final technical report for Category 5 protection

within 24 months of enactment of this Act: Provided further, That

the Secretary shall consider providing protection for a storm surge

equivalent to a Category 5 hurricane within the project area and

may submit reports on component areas of the larger protection

program for authorization as soon as practicable: Provided further,

That the analysis shall be conducted in close coordination with

the State of Louisiana and its appropriate agencies.’’.

SEC. 5010. Funds made available under the heading ‘‘Construction, Rehabilitation, Operation and Maintenance, Western Area

Power Administration’’ in Public Law 109–103 shall be available

for the operation, maintenance, and purchase, through transfer,

exchange, or sale, of one helicopter for replacement only.

SEC. 5011. (a) In addition to the amounts provided elsewhere

in this Act, $50,000,000 is hereby appropriated to the Department

of Labor, to remain available until expended, for payment to the

New York State Uninsured Employers Fund for reimbursement

of claims related to the September 11, 2001, terrorist attacks on

the United States and for reimbursement of claims related to the

first response emergency services personnel who were injured, were

disabled, or died due to such terrorist attacks.

(b) In addition to the amounts provided elsewhere in this Act,

$75,000,000 is hereby appropriated to the Centers for Disease Control and Prevention, to remain available until expended, for purposes related to the September 11, 2001, terrorist attacks on the

United States. In expending such funds, the Director of the Centers

for Disease Control and Prevention shall: (1) give first priority

to existing programs that administer baseline and follow-up

screening, clinical examinations, or long-term medical health monitoring, analysis, or treatment for emergency services personnel

or rescue and recovery personnel, as coordinated by the Mount

Reports.

Ante, p. 2247.

Ante, p. 2255.

PUBLIC LAW 109–148—DEC. 30, 2005 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) is amended by striking ‘‘Hurricane Katrina’’ each

place it appears and inserting ‘‘hurricanes in the Gulf of Mexico

in calendar year 2005’’.

SEC. 5013. Section 124 of Public Law 109–114 is amended

by inserting before the period at the end the following: ‘‘: Provided

further, That nothing in this section precludes the Secretary of

a military department, after notifying the congressional defense

committees and waiting 21 days, from using funds derived under

section 2601, chapter 403, chapter 603, or chapter 903 of title

10, United States Code, for the maintenance or repair of General

and Flag Officer Quarters at the military service academy under

the jurisdiction of that Secretary: Provided further, That each Secretary of a military department shall provide an annual report

by February 15 to the congressional defense committees on the

amount of funds that were derived under section 2601, chapter

403, chapter 603, or chapter 903 of title 10, United States Code

in the previous year and were obligated for the construction,

improvement, repair, or maintenance of any military facility or

infrastructure’’.

SEC. 5014. Section 128 of Public Law 109–114 is amended

as follows—

(1) by inserting after ‘‘support’’ the following: ‘‘a continuing

mission or function at that installation or’’; and

(2) by inserting after the last period the following: ‘‘This

section shall not apply to military construction projects, land

acquisition, or family housing projects for which the project

is vital to the national security or the protection of health,

safety, or environmental quality: Provided, That the Secretary

of Defense shall notify the congressional defense committees

within seven days of a decision to carry out such a military

construction project.’’.

SEC. 5015. The amount provided for ‘‘Military Construction,

Army’’ in Public Law 109–114 is hereby reduced by $8,100,000

for the Special Operations Free Fall Simulator at Yuma Proving

Ground, Arizona.

The amount provided for ‘‘Military Construction, Army’’ in

Public Law 109–114 is hereby increased by $8,100,000 for the

Upgrade Wastewater Treatment Plant at Yuma Proving Ground,

Arizona.

SEC. 5016. The last paragraph of Public Law 109–114 is

amended by inserting ‘‘Military Construction,’’ before ‘‘Military

Quality’’.

Ante, p. 2395.

Notification.

Deadline.

Ante, p. 2381.

Reports.

Deadline.

10 USC 2821

note.

Ante, p. 2013.

119 STAT. 2816 PUBLIC LAW 109–148—DEC. 30, 2005

SEC. 5017. (a) Section 613 of Public Law 109–108 is amended

by striking ‘‘$500,000 shall be for a grant to Warren County, Virginia, for a community enhancement project;’’ and inserting

‘‘$250,000 shall be for a grant to Warren County, Virginia, for

a community enhancement project; $250,000 shall be for a grant

to The ARC of Loudoun County for land acquisition and construction;’’.

(b) Section 619(a) of division B in Public Law 108–447 is

amended by striking ‘‘$50,000 shall be available for a grant for

the Promesa Foundation in the Bronx, New York, to provide community growth funding;’’ and inserting ‘‘$50,000 shall be available

for a grant to the Promesa Foundation to provide financial assistance to New York area families and organizations under a youth

sports and recreational initiative;’’.

(c) Section 621 of division B in Public Law 108–199 is amended

by striking ‘‘$200,000 shall be available for a grant for the Promesa

Foundation in South Bronx, New York, to provide community

growth funding;’’ and inserting ‘‘$200,000 shall be available for

a grant to the Promesa Foundation to provide financial assistance

to New York area families and organizations under a youth sports

and recreational initiative;’’.

(d) Section 625 of division B in Public Law 108–7 is amended

by striking ‘‘$200,000 shall be available for a grant for the Promesa

Foundation in South Bronx, New York to provide community growth

funding;’’ and inserting ‘‘$200,000 shall be available for a grant

to the Promesa Foundation to provide financial assistance to New

York area families and organizations under a youth sports and

recreational initiative;’’.

SEC. 5018. Public Law 109–108 is amended under the heading

‘‘State and Local Law Enforcement Assistance’’ in subparagraph

4 by striking ‘‘authorized by subpart 2 of part E, of title I of

the 1968 Act, notwithstanding the provisions of section 511 of

said Act’’.

(TRANSFER OF FUNDS)

SEC. 5019. The unobligated and unexpended balances of the

amount appropriated under the heading ‘‘United States-Canada

Railroad Commission’’ by chapter 9 of title II of Public Law 107–

20 shall be transferred as a direct lump-sum payment to the University of Alaska.

SEC. 5020. The matter under the heading ‘‘Federal Transit

Administration, capital investment grants’’ in title I of division

A of Public Law 109–115 is amended by striking ‘‘Virginia,

$26,000,000’’ and inserting ‘‘Virginia, $30,000,000’’; by striking

‘‘Ohio, $24,770,000’’ and inserting ‘‘Ohio, $24,774,513’’; and by

striking ‘‘Metro, Pennsylvania, $2,000,000’’ and inserting ‘‘Metro,

Pennsylvania, $4,000,000’’.

SEC. 5021. For purposes of compliance with section 205 of

Public Law 109–115, a reduction in taxpayer service shall include,

but not be limited to, any reduction in available hours of telephone

taxpayer assistance on a daily, weekly and monthly basis below

the levels in existence during the month of October 2005.

SEC. 5022. The referenced statement of the managers under

the heading ‘‘Community development fund’’ in Public Law 108–

447 is amended with respect to item number 145 by striking

‘‘Putnam County, Missouri’’ and inserting ‘‘Sullivan County, Missouri’’.

Ante, p. 2418.

Ante, p. 2300.

117 Stat. 103.

118 Stat. 93.

118 Stat. 2916.

Ante, p. 2336.

PUBLIC LAW 109–148—DEC. 30, 2005 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. 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

Effective date.

119 STAT. 2818 PUBLIC LAW 109–148—DEC. 30, 2005

107–38) shall be transferred to or from the Emergency Response

Fund.

This division may be cited as the ‘‘Emergency Supplemental

Appropriations Act to Address Hurricanes in the Gulf of Mexico

and Pandemic Influenza, 2006’’.

DIVISION C—PUBLIC READINESS AND

EMERGENCY PREPAREDNESS ACT

SEC. 1. SHORT TITLE.

This division may be cited as the ‘‘Public Readiness and Emergency Preparedness Act’’.

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

Part B of title III of the Public Health Service Act (42 U.S.C.

243 et seq.) is amended by inserting after section 319F–2 the

following section:

‘‘SEC. 319F–3. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC AND

EPIDEMIC PRODUCTS AND SECURITY COUNTERMEASURES.

‘‘(a) LIABILITY PROTECTIONS.—

‘‘(1) IN GENERAL.—Subject to the other provisions of this

section, a covered person shall be immune from suit and

liability under Federal and State law with respect to all claims

for loss caused by, arising out of, relating to, or resulting

from the administration to or the use by an individual of

a covered countermeasure if a declaration under subsection

(b) has been issued with respect to such countermeasure.

‘‘(2) SCOPE OF CLAIMS FOR LOSS.—

‘‘(A) LOSS.—For purposes of this section, the term ‘loss’

means any type of loss, including—

‘‘(i) death;

‘‘(ii) physical, mental, or emotional injury, illness,

disability, or condition;

‘‘(iii) fear of physical, mental, or emotional injury,

illness, disability, or condition, including any need for

medical monitoring; and

‘‘(iv) loss of or damage to property, including business interruption loss.

Each of clauses (i) through (iv) applies without regard

to the date of the occurrence, presentation, or discovery

of the loss described in the clause.

‘‘(B) SCOPE.—The immunity under paragraph (1)

applies to any claim for loss that has a causal relationship

with the administration to or use by an individual of a

covered countermeasure, including a causal relationship

with the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use of

such countermeasure.

‘‘(3) CERTAIN CONDITIONS.—Subject to the other provisions

of this section, immunity under paragraph (1) with respect

to a covered countermeasure applies only if—

42 USC 247d–6d.

Public Readiness

and Emergency

Preparedness

Act.

42 USC 201 note.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2820 PUBLIC LAW 109–148—DEC. 30, 2005

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

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2822 PUBLIC LAW 109–148—DEC. 30, 2005

provides an explanation of the reasons for issuing the declaration and the reasons underlying the determinations of the

Secretary with respect to paragraph (2). Within 30 days after

making an amendment under paragraph (4), the Secretary

shall submit to such committees a report that provides the

reasons underlying the determination of the Secretary to make

the amendment.

‘‘(c) DEFINITION OF WILLFUL MISCONDUCT.— ‘‘(1) DEFINITION.— ‘‘(A) IN GENERAL.—Except as the meaning of such term

is further restricted pursuant to paragraph (2), the term

‘willful misconduct’ shall, for purposes of subsection (d),

denote an act or omission that is taken—

‘‘(i) intentionally to achieve a wrongful purpose;

‘‘(ii) knowingly without legal or factual justification; and

‘‘(iii) in disregard of a known or obvious risk that

is so great as to make it highly probable that the

harm will outweigh the benefit.

‘‘(B) RULE OF CONSTRUCTION.—The criterion stated in

subparagraph (A) shall be construed as establishing a

standard for liability that is more stringent than a standard

of negligence in any form or recklessness.

‘‘(2) AUTHORITY TO PROMULGATE REGULATORY DEFINITION.—

‘‘(A) IN GENERAL.—The Secretary, in consultation with

the Attorney General, shall promulgate regulations, which

may be promulgated through interim final rules, that further restrict the scope of actions or omissions by a covered

person that may qualify as ‘willful misconduct’ for purposes

of subsection (d).

‘‘(B) FACTORS TO BE CONSIDERED.—In promulgating the

regulations under this paragraph, the Secretary, in consultation with the Attorney General, shall consider the

need to define the scope of permissible civil actions under

subsection (d) in a way that will not adversely affect the

public health.

‘‘(C) TEMPORAL SCOPE OF REGULATIONS.—The regulations under this paragraph may specify the temporal effect

that they shall be given for purposes of subsection (d).

‘‘(D) INITIAL RULEMAKING.—Within 180 days after the

enactment of the Public Readiness and Emergency

Preparedness Act, the Secretary, in consultation with the

Attorney General, shall commence and complete an initial

rulemaking process under this paragraph.

‘‘(3) PROOF OF WILLFUL MISCONDUCT.—In an action under

subsection (d), the plaintiff shall have the burden of proving

by clear and convincing evidence willful misconduct by each

covered person sued and that such willful misconduct caused

death or serious physical injury.

‘‘(4) DEFENSE FOR ACTS OR OMISSIONS TAKEN PURSUANT

TO SECRETARY’S DECLARATION.—Notwithstanding any other

provision of law, a program planner or qualified person shall

not have engaged in ‘willful misconduct’ as a matter of law

where such program planner or qualified person acted consistent with applicable directions, guidelines, or recommendations by the Secretary regarding the administration or use

of a covered countermeasure that is specified in the declaration

Deadline.

PUBLIC LAW 109–148—DEC. 30, 2005 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 MANUFAC- TURER 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.

119 STAT. 2824 PUBLIC LAW 109–148—DEC. 30, 2005

‘‘(iii) FINAL.—The terms ‘final’ and ‘finally’—

‘‘(I) with respect to a court determination, or

to a final resolution of an enforcement action that

is a court determination, mean a judgment from

which an appeal of right cannot be taken or a

voluntary or stipulated dismissal; and

‘‘(II) with respect to an agency action, or to

a final resolution of an enforcement action that

is an agency action, mean an order that is not

subject to further review within the agency and

that has not been reversed, vacated, enjoined, or

otherwise nullified by a final court determination

or a voluntary or stipulated dismissal.

‘‘(C) RULES OF CONSTRUCTION.—

‘‘(i) IN GENERAL.—Nothing in this paragraph shall

be construed—

‘‘(I) to affect the interpretation of any provision

of the Federal Food, Drug, and Cosmetic Act, of

this Act, or of any other applicable statute or regulation; or

‘‘(II) to impair, delay, alter, or affect the

authority, including the enforcement discretion, of

the United States, of the Secretary, of the Attorney

General, or of any other official with respect to

any administrative or court proceeding under this

Act, under the Federal Food, Drug, and Cosmetic

Act, under title 18 of the United States Code,

or under any other applicable statute or regulation.

‘‘(ii) MANDATORY RECALLS.—A mandatory recall

called for in the declaration is not a Food and Drug

Administration enforcement action.

‘‘(d) EXCEPTION TO IMMUNITY OF COVERED PERSONS.—

‘‘(1) IN GENERAL.—Subject to subsection (f), the sole exception to the immunity from suit and liability of covered persons

set forth in subsection (a) shall be for an exclusive Federal

cause of action against a covered person for death or serious

physical injury proximately caused by willful misconduct, as

defined pursuant to subsection (c), by such covered person.

For purposes of section 2679(b)(2)(B) of title 28, United States

Code, such a cause of action is not an action brought for

violation of a statute of the United States under which an

action against an individual is otherwise authorized.

‘‘(2) PERSONS WHO CAN SUE.—An action under this subsection may be brought for wrongful death or serious physical

injury by any person who suffers such injury or by any representative of such a person.

‘‘(e) PROCEDURES FOR SUIT.—

‘‘(1) EXCLUSIVE FEDERAL JURISDICTION.—Any action under

subsection (d) shall be filed and maintained only in the United

States District Court for the District of Columbia.

‘‘(2) GOVERNING LAW.—The substantive law for decision

in an action under subsection (d) shall be derived from the

law, including choice of law principles, of the State in which

the alleged willful misconduct occurred, unless such law is

inconsistent with or preempted by Federal law, including provisions of this section.

Records.

Courts, U.S.

District of

Columbia.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2826 PUBLIC LAW 109–148—DEC. 30, 2005

(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, incomedisability, 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.

PUBLIC LAW 109–148—DEC. 30, 2005 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

119 STAT. 2828 PUBLIC LAW 109–148—DEC. 30, 2005

‘‘(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

PUBLIC LAW 109–148—DEC. 30, 2005 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. 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

42 USC 247d–6e.

119 STAT. 2830 PUBLIC LAW 109–148—DEC. 30, 2005

Fund shall consist of such amounts designated as emergency appropriations under section 402 of H. Con. Res. 95 of the 109th Congress,

this emergency designation shall remain in effect through October

1, 2006.

‘‘(b) PAYMENT OF COMPENSATION.—

‘‘(1) IN GENERAL.—If the Secretary issues a declaration

under 319F–3(b), the Secretary shall, after amounts have by

law been provided for the Fund under subsection (a), provide

compensation to an eligible individual for a covered injury

directly caused by the administration or use of a covered

countermeasure pursuant to such declaration.

‘‘(2) ELEMENTS OF COMPENSATION.—The compensation that

shall be provided pursuant to paragraph (1) shall have the

same elements, and be in the same amount, as is prescribed

by sections 264, 265, and 266 in the case of certain individuals

injured as a result of administration of certain countermeasures

against smallpox, except that section 266(a)(2)(B) shall not

apply.

‘‘(3) RULE OF CONSTRUCTION.—Neither reasonable and necessary medical benefits nor lifetime total benefits for lost

employment income due to permanent and total disability shall

be limited by section 266.

‘‘(4) DETERMINATION OF ELIGIBILITY AND COMPENSATION.—

Except as provided in this section, the procedures for determining, and for reviewing a determination of, whether an individual is an eligible individual, whether such individual has

sustained a covered injury, whether compensation may be available under this section, and the amount of such compensation

shall be those stated in section 262 (other than in subsection

(d)(2) of such section), in regulations issued pursuant to that

section, and in such additional or alternate regulations as the

Secretary may promulgate for purposes of this section. In

making determinations under this section, other than those

described in paragraph (5)(A) as to the direct causation of

a covered injury, the Secretary may only make such determination based on compelling, reliable, valid, medical and scientific

evidence.

‘‘(5) COVERED COUNTERMEASURE INJURY TABLE.—

‘‘(A) IN GENERAL.—The Secretary shall by regulation

establish a table identifying covered injuries that shall

be presumed to be directly caused by the administration

or use of a covered countermeasure and the time period

in which the first symptom or manifestation of onset of

each such adverse effect must manifest in order for such

presumption to apply. The Secretary may only identify

such covered injuries, for purpose of inclusion on the table,

where the Secretary determines, based on compelling, reliable, valid, medical and scientific evidence that administration or use of the covered countermeasure directly caused

such covered injury.

‘‘(B) AMENDMENTS.—The provisions of section 263

(other than a provision of subsection (a)(2) of such section

that relates to accidental vaccinia inoculation) shall apply

to the table established under this section.

‘‘(C) JUDICIAL REVIEW.—No court of the United States,

or of any State, shall have subject matter jurisdiction to

Regulations.

PUBLIC LAW 109–148—DEC. 30, 2005 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—

119 STAT. 2832 PUBLIC LAW 109–148—DEC. 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.

Æ

‘‘(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.