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[109th Congress Public Law 234]
[From the U.S. Government Printing Office]

[DOCID: f:publ234.109]

[[Page 417]]

EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON 
                  TERROR, AND HURRICANE RECOVERY, 2006

[[Page 120 STAT. 418]]

Public Law 109-234
109th Congress

                                 An Act

 
Making emergency supplemental appropriations for the fiscal year ending 
      September 30, 2006, and for other purposes. <<NOTE: June 15, 
                         2006 -  [H.R. 4939]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Emergency 
Supplemental Appropriations Act for Defense, the Global War on Terror, 
and Hurricane Recovery, 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, and for 
other purposes, namely:

                                 TITLE I

            GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS

                                CHAPTER 1

                        DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

    For an additional amount for ``Public Law 480 Title II Grants'', 
during the current fiscal year, not otherwise recoverable, and 
unrecovered prior years' costs, including interest thereon, under the 
Agricultural Trade Development and Assistance Act of 1954, for 
commodities supplied in connection with dispositions abroad under title 
II of said Act, $350,000,000, to remain available until expended: 
Provided, That from this amount, to the maximum extent possible, funding 
shall be used to support the previously approved fiscal year 2006 
programs under section 204(a)(2) of the Agricultural Trade Development 
and Assistance Act of 1954: Provided further, That the amount provided 
under this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 419]]

                                CHAPTER 2

                     DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$6,587,473,000: 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.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,321,474,000: 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.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$840,872,000: 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.

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,155,713,000: 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.

                         Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$140,570,000: 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.

                         Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$110,712,000: 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.

                     Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$10,627,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant

[[Page 120 STAT. 420]]

to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$1,940,000: 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.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$111,550,000: 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.

                   National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $1,200,000: 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.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$17,744,410,000: 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.

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$2,696,693,000: 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.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,639,911,000: 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.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $5,576,257,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement

[[Page 120 STAT. 421]]

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

                      (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,830,677,000, of which--
            (1) not to exceed $25,000,000 may be used for the Combatant 
        Commander Initiative Fund, to be used in support of Operation 
        Iraqi Freedom and Operation Enduring Freedom;
            (2) not to exceed $5,000,000 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;
            (3) not to exceed $740,000,000, 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, <<NOTE: Notification. Deadline.>> 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, <<NOTE: Reports.>> That the 
        Secretary of Defense shall provide quarterly reports to the 
        congressional defense committees on the use of funds provided in 
        this paragraph; and
            (4) up to $75,000,000 shall be transferred to the Coast 
        Guard ``Operating Expenses'' account:

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.

                 Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $100,100,000: 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.

                 Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $78,509,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

[[Page 120 STAT. 422]]

             Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $87,875,000: 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.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $18,563,000: 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.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $178,600,000: 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.

              Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $30,400,000: 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.

              Former Soviet Union Threat Reduction Account

    For an additional amount for ``Former Soviet Union Threat Reduction 
Account'', $44,500,000: 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.

                    Afghanistan Security Forces Fund

                      (INCLUDING TRANSFER OF FUNDS)

    For the ``Afghanistan Security Forces Fund'', $1,908,133,000, to 
remain available until September 30, 2007: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Commander, 
Office of Security Cooperation--Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Afghanistan, including the provision 
of equipment, supplies, services, training, facility and infrastructure 
repair, renovation, and construction, and funding: Provided further, 
That the authority to provide assistance under this heading is in 
addition to any other authority to provide assistance to foreign 
nations: Provided further, That the Secretary of Defense may transfer 
such funds to appropriations for military personnel; operation and 
maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test

[[Page 120 STAT. 423]]

and evaluation; and defense working capital funds to accomplish the 
purposes provided herein: 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 so transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That 
contributions of funds for the purposes provided herein from any person, 
foreign government, or international organization may be credited to 
this Fund, and used for such purposes: Provided 
further, <<NOTE: Notification.>> That the Secretary shall notify the 
congressional defense committees in writing upon the receipt and upon 
the transfer of any contribution delineating the sources and amounts of 
the funds received and the specific use of such contributions: Provided 
further, <<NOTE: Deadline. Notification.>> That the Secretary of Defense 
shall, not fewer than five days prior to making transfers from this 
appropriation account, notify the congressional defense committees in 
writing of the details of any such transfer: Provided 
further, <<NOTE: Reports. Deadline.>> 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: 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.

                        Iraq Security Forces Fund

                      (INCLUDING TRANSFER OF FUNDS)

     For the ``Iraq Security Forces Fund'', $3,007,000,000, to remain 
available until September 30, 2007: Provided, That such funds shall be 
available to the Secretary of Defense, notwithstanding any other 
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command--Iraq, or the Secretary's designee, 
to provide assistance, with the concurrence of the Secretary of State, 
to the security forces of Iraq, including the provision of equipment, 
supplies, services, training, facility and infrastructure repair, 
renovation, and construction, and funding: Provided further, That the 
authority to provide assistance under this heading is in addition to any 
other authority to provide assistance to foreign nations: Provided 
further, That the Secretary of Defense may transfer such funds to 
appropriations for military personnel; operation and maintenance; 
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, 
development, test and evaluation; and defense working capital funds to 
accomplish the purposes provided herein: 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 so transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided further, 
That contributions of funds for the purposes provided herein from any 
person, foreign government, or international organization may be 
credited to this Fund, and used for such purposes: Provided 
further, <<NOTE: Notification.>> That the Secretary shall notify the 
congressional defense committees in writing upon the receipt and upon 
the transfer of any contribution delineating the sources and

[[Page 120 STAT. 424]]

amounts of the funds received and the specific use of such 
contributions: Provided further, <<NOTE: Deadline. Notification.>> That 
the Secretary of Defense shall, not fewer than five days prior to making 
transfers from this appropriation account, notify the congressional 
defense committees in writing of the details of any such transfer: 
Provided further, <<NOTE: Reports. Deadline.>> 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: 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.

              Joint Improvised Explosive Device Defeat Fund

                      (Including Transfer of Funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$1,958,089,000, to remain available until September 30, 2008: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the purpose of allowing 
the Director of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equipment, supplies, 
services, training, facilities, personnel and funds to assist United 
States forces in the defeat of improvised explosive devices: Provided 
further, <<NOTE: Deadline.>> That within 60 days of the enactment of 
this Act, a plan for the intended management and use of the Fund is 
provided to the congressional 
defense <<NOTE: Reports. Deadline.>> committees: Provided further, That 
the Secretary of Defense shall submit a report not later than 30 days 
after the end of each fiscal quarter to the congressional defense 
committees providing assessments of the evolving threats, individual 
service requirements to counter the threats, the current strategy for 
predeployment training of members of the Armed Forces on improvised 
explosive devices, and details on the execution of this Fund: Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for military personnel; operation and 
maintenance; procurement; research, development, test and evaluation; 
and defense working capital funds to accomplish the purpose provided 
herein: Provided further, That this transfer authority is in addition to 
any other transfer authority available to the Department of Defense: 
Provided further, That upon determination that all or part of the funds 
so transferred from this appropriation are not necessary for the purpose 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, <<NOTE: Notification. Deadline.>> 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 amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 425]]

                               PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$345,000,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

                        Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$203,300,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $1,767,451,000, to remain available until 
September 30, 2008: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                     Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$829,679,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 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'', 
$5,819,645,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 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'', 
$516,869,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 426]]

                        Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$55,200,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 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'', $323,256,000, to remain available until September 30, 
2008: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 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'', 
$54,640,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

                        Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$2,577,467,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

                     Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$674,815,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $29,047,000, to remain available until September 30, 2008: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 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'', 
$1,500,591,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated

[[Page 120 STAT. 427]]

as 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'', 
$331,353,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 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, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $54,700,000, 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.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $124,845,000, 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.

          Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $382,630,000, 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.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $148,551,000, 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.

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$516,700,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to

[[Page 120 STAT. 428]]

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'', 
$1,153,562,000 for operation and maintenance: Provided, That the amount 
provided under this heading is designated as 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 Interdiction and Counter-Drug Activities, Defense

                      (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $150,470,000, to remain available until expended: 
Provided, That these funds may be used only for such activities related 
to Afghanistan and the Central Asia area: Provided further, That the 
Secretary of Defense may transfer such funds only to appropriations for 
military personnel; operation and maintenance; procurement; and 
research, development, test and evaluation: Provided further, That the 
funds transferred shall be merged with and be available for the same 
purposes and for the same time period as the appropriation to which 
transferred: Provided further, That the transfer authority provided in 
this paragraph is in addition to any other transfer authority available 
to the Department of Defense: Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: 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.

                     Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$5,000,000, 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.

                            RELATED AGENCIES

                Intelligence Community Management Account

    For an additional amount for the ``Intelligence Community Management 
Account'', $158,875,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

[[Page 120 STAT. 429]]

                    GENERAL PROVISIONS--THIS CHAPTER

                           (Transfer of Funds)

    Sec. 1201. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $2,000,000,000 of the funds made available to the 
Department of Defense <<NOTE: Notification.>> in this chapter: 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 authority in this section is subject to the same terms and 
conditions as the authority provided in section 8005 of the Department 
of Defense Appropriations Act, 2006, except for the fourth proviso.

                           (Transfer of Funds)

    Sec. 1202. Section 8005 of the Department of Defense Appropriations 
Act, 2006, (Public Law 109-148; <<NOTE: 119 Stat. 2697.>> 119 Stat. 
2680), is amended by striking ``$3,750,000,000'' and inserting 
``$5,000,000,000'': Provided, That funds previously transferred among 
appropriations under the authority of section 8005 of Public Law 109-148 
pursuant to reprogramming action 06-13PA may be restored to their source 
appropriations accounts: Provided further, That transfers made pursuant 
to reprogramming action 06-13PA and transfers back under this section 
shall not be taken into account for purposes of the limitation on the 
amount of funds that may be transferred under section 8005: Provided 
further, That the amount made available by the transfer of 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.

                           (Transfer of Funds)

    Sec. 1203. During fiscal year 2006 and from funds in the Defense 
Cooperation Account, the Secretary of Defense may transfer not to exceed 
$5,800,000 to such appropriations or funds of the Department of Defense 
as he shall determine for use consistent with the purposes for which 
such funds were contributed and accepted: Provided, That such amounts 
shall be available for the same time period as the appropriation to 
which transferred: Provided further, That the amount made available by 
the transfer of 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. 1204. Section 1005(c)(2) of the National Defense Authorization 
Act, Fiscal Year 2006 (Public Law 109-163) <<NOTE: 119 Stat. 3421.>> is 
amended by striking ``$289,447,000'' and inserting ``$345,547,000''.

    Sec. 1205. (a) Authority to Provide Support.--Of the amount 
appropriated by this Act under the heading, ``Drug Interdiction and 
Counter-Drug Activities, Defense'', not to exceed $22,200,000 may be 
made available for support for counter-drug activities of the 
Governments of Afghanistan and Pakistan: Provided, That such support 
shall be in addition to support provided

[[Page 120 STAT. 430]]

for the counter-drug activities of such Governments under any other 
provision of the law.
    (b) Types of Support.--
            (1) <<NOTE: Applicability.>> Except as specified in 
        subsections (b)(2) and (b)(3) of this section, the support that 
        may be provided under the authority in this section shall be 
        limited to the types of support specified in section 1033(c)(1) 
        of the National Defense Authorization Act for Fiscal Year 1998 
        (Public Law 105-85, as amended by Public Law 106-398 and Public 
        Law 108-136), and conditions on the provision of support as 
        contained in section 1033 shall apply for fiscal year 2006.
            (2) The Secretary of Defense may transfer vehicles, 
        aircraft, and detection, interception, monitoring and testing 
        equipment to said Governments for counter-drug activities.
            (3) For the Government of Afghanistan, the Secretary of 
        Defense may also provide individual and crew-served weapons, and 
        ammunition for counter-drug security forces.

    Sec. 1206. <<NOTE: 10 USC 2208 note.>> Notwithstanding 10 U.S.C. 
2208(l), the total amount of advance billings rendered or imposed for 
all working capital funds of the Department of Defense in fiscal year 
2006 shall not exceed $1,200,000,000: Provided, That the amounts made 
available pursuant to 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. 1207. In addition to amounts authorized in section 1202(a) of 
Public Law 109-163, from funds made available in this chapter to the 
Department of Defense, not to exceed $423,000,000 may be used to fund 
the Commander's Emergency Response Program and for a similar program to 
assist the people of Afghanistan, to remain available until December 31, 
2007.
    Sec. 1208. Supervision and administration costs associated with a 
construction project funded with ``Afghanistan Security Forces Fund'' or 
``Iraq Security Forces Fund'' appropriations 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. 1209. None of the funds provided in this chapter may be used to 
finance programs or activities denied by Congress in fiscal year 2005 
and 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. 1210. <<NOTE: Effective date.>> Effective as of January 6, 
2006, and as if included in the enactment of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163), subsection 
(d)(2) of section 1478 of title 10, United States Code, as added by 
section 664(b) of such Act (119 Stat. 3316), <<NOTE: 10 USC 1478 and 
note.>> is amended by striking ``May 11, 2005'' and inserting ``August 
31, 2005''.

                              (rescissions)

    Sec. 1211. 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, Air Force, 2006/2008'', $80,000,000;
            ``Other Procurement, Air Force, 2005/2007'', $39,400,000.

    Sec. 1212. (a) Sense of Congress.--Congress recognizes the 
importance of ensuring that absent uniformed services voters,

[[Page 120 STAT. 431]]

Department of Defense personnel, and their dependents have the 
opportunity to exercise their right to vote.
    (b) IVAS Ballot Request Program.--
            (1) The Interim Voting Assistance System (IVAS) Ballot 
        Request Program shall be continued with respect to all absent 
        uniformed services voters, Department of Defense personnel, and 
        dependents covered by the Uniformed and Overseas Citizens 
        Absentee Voting Act (42 U.S.C. 1973ff et seq.) with the 
        objective to further improve ballot request procedures and 
        voting assistance with respect to such persons.
            (2) <<NOTE: Deadline. Reports.>> Not later than 90 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall submit to the congressional defense committees a 
        report on the status of the program referred to in paragraph 
        (1), including an accounting of the utilization of funds 
        available for the program under subsection (c).

    (c) Funding.--Of the amounts provided by this chapter, $2,500,000 
shall be available for the program referred to in subsection (b).
    Sec. 1213. (a) Findings.--The Senate makes the following findings:
            (1) Title IX of the Department of Defense Appropriations 
        Act, 2006 (division A of Public Law 109-148) appropriated 
        $50,000,000,000 for the cost of ongoing military operations 
        overseas in fiscal year 2006, although those funds were not 
        requested by the President.
            (2) The President on February 16, 2006, submitted to 
        Congress a request for supplemental appropriations in the amount 
        of $67,600,000,000 for ongoing military operations in fiscal 
        year 2006, none of which supplemental appropriations was 
        included in the concurrent resolution on the budget for fiscal 
        year 2006, as agreed to in the Senate on April 28, 2005.
            (3) The President on February 6, 2006, included a 
        $50,000,000,000 allowance for ongoing military operations in 
        fiscal year 2007, but did not formally request the funds or 
        provide any detail on how the allowance may be used.
            (4) The concurrent resolution on the budget for fiscal year 
        2007, as agreed to in the Senate on March 16, 2007, anticipates 
        as much as $86,300,000,000 in emergency spending in fiscal year 
        2007, indicating that the Senate expects to take up another 
        supplemental appropriations bill to fund ongoing military 
        operations during fiscal year 2007.

    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) any request for funds for a fiscal year after fiscal 
        year 2007 for ongoing military 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) any request for funds for such a fiscal year for ongoing 
        military operations should provide an estimate of all funds 
        required in that fiscal year for such operations;
            (3) any request for funds for ongoing military operations 
        should include a detailed justification of the anticipated use 
        of such funds for such operations; and
            (4) any funds provided for ongoing military operations 
        overseas should be provided in appropriations Acts for such 
        fiscal

[[Page 120 STAT. 432]]

        year through appropriations to specific accounts set forth in 
        such appropriations Acts.

                                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'', $7,800,000, 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.

                         Development Assistance

    For an additional amount for ``Development Assistance'', 
$16,500,000, to remain available until September 30, 2007: Provided, 
That of the funds appropriated under this heading, $6,000,000 shall be 
made available for assistance for Guatemala for relief and 
reconstruction activities related to Hurricane Stan: 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

                      (Including Transfer of Funds)

    For an additional amount for ``International Disaster and Famine 
Assistance'', $161,300,000, to remain available until expended, of which 
up to $80,000 may be transferred to and merged with ``Operating Expenses 
of the United States Agency for International Development'', for 
associated administrative costs: 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.

    Operating Expenses of the United States Agency for International 
                               Development

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development'', $101,000,000, to remain 
available until September 30, 2007: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 433]]

                   OTHER BILATERAL ECONOMIC ASSISTANCE

                          Economic Support Fund

                      (Including Transfer of Funds)

    For an additional amount for ``Economic Support Fund'', 
$1,686,000,000, to remain available until September 30, 2007, of which 
up to $11,000,000 may be used for the costs, as defined in section 502 
of the Congressional Budget Act of 1974, of modifying direct loans and 
guarantees for Afghanistan or otherwise of reducing any amounts owed to 
the United States or any agency of the United States by Afghanistan: 
Provided, That such amounts for the costs of modifying direct loans and 
guarantees shall not be considered ``assistance'' for the purposes of 
any provision of law limiting assistance to a country: Provided further, 
That the last proviso under the heading ``Economic Support Fund'' in 
title II of Public Law 109-102 and comparable provisions in prior Acts 
making appropriations for foreign operations, export financing, and 
related programs shall no longer be applicable to funds appropriated 
under such heading in this Act or any prior Act: Provided further, That 
of the funds available under this heading for assistance for 
Afghanistan, $5,000,000 shall be made available for agriculture and 
rural development programs in Afghanistan to be administered through a 
national consortium of agriculture colleges and land-grant universities: 
Provided further, That of the funds available under this heading for 
assistance for Iraq, not less than $50,000,000 shall be made available 
to the United States Agency for International Development for continued 
support for its Community Action Program in Iraq, of which not less than 
$5,000,000 shall be transferred to and merged with funds appropriated 
under the heading ``Iraq Relief and Reconstruction Fund'' in chapter 2 
of title II of Public Law 108-106 and shall be made available for the 
Marla Ruzicka Iraqi War Victims Fund: Provided further, That of the 
funds made available under this heading for assistance for Iraq, not 
less than $50,000,000 shall be made available for programs and 
activities to promote democracy, the rule of law and reconciliation: 
Provided further, <<NOTE: Notification.>> That funds appropriated under 
this heading that are made available for police and judicial reform in 
Haiti shall be subject to the regular notification procedures of the 
Committees on Appropriations: 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.

                           DEPARTMENT OF STATE

                             Democracy Fund

    For an additional amount for ``Democracy Fund'', $22,500,000, of 
which $20,000,000 shall be made available for programs and activities 
promoting democracy in Iran and of which $2,500,000 shall be made 
available for assistance for the Democratic Republic of the Congo, to 
remain available until September 30, 2007: Provided, That funds 
appropriated under this heading shall be made available notwithstanding 
any other provision of law, and those funds made available to promote 
democracy in Iran shall be

[[Page 120 STAT. 434]]

administered by the Middle East Partnership Initiative, in consultation 
with the Bureau of Democracy, Human Rights, and Labor of the Department 
of State: Provided further, <<NOTE: Notification.>> That funds made 
available under this heading in this Act shall be subject to the regular 
notification procedures of the Committees on Appropriations: 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 Narcotics Control and Law Enforcement

                      (including transfer of funds)

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $107,700,000, to remain available until September 30, 
2008: Provided, That of the funds appropriated under this heading, not 
less than $3,300,000 shall be made available for assistance for the 
Peace and Justice Unit of the Colombian Fiscalia notwithstanding section 
599E of Public Law 109-102: Provided further, That of the funds 
appropriated under this heading, up to $13,000,000 is available for 
procurement of a maritime patrol aircraft for the Colombian Navy and may 
be transferred to and merged with funds previously appropriated to the 
``Foreign Military Financing Program'' to finance such procurement: 
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.

                    Migration and Refugee Assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$75,700,000, 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 THE TREASURY

               International Affairs Technical Assistance

    For an additional amount for ``International Affairs Technical 
Assistance'', $13,000,000, 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.

                           MILITARY ASSISTANCE

                   FUNDS APPROPRIATED TO THE PRESIDENT

                         Peacekeeping Operations

    For an additional amount for ``Peacekeeping Operations'', 
$178,000,000, to remain available until September 30, 2007: Provided, 
That the amount provided under this heading is designated

[[Page 120 STAT. 435]]

as 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. 1301. Funds appropriated or made available by transfer in this 
chapter may be obligated and expended notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956 and section 10 of Public 
Law 91-672 (22 U.S.C. 2412).
    Sec. 1302. (a) Notwithstanding any other provision of law, amounts 
under the heading ``Iraq Relief and Reconstruction Fund'' in title II of 
Public Law 108-106 shall remain available for one additional year from 
the date on which the availability of funds would otherwise have 
expired, if such funds are initially obligated before the expiration of 
the period of availability provided herein: Provided, <<NOTE: Expiration 
date. 22 USC 2151 note.>> That notwithstanding section 2207(d) of Public 
Law 108-106, requirements of section 2207 of Public Law 108-106 shall 
expire on October 1, 2008.

    (b) Chapter 2 of title II of Public Law 108-106 (117 Stat. 1225-
1226), as amended by Public Law 108-309 (118 Stat. 1142-1143), is 
further amended under the heading ``Iraq Relief and Reconstruction 
Fund'' by--
            (1) striking ``$5,090,000,000'' and inserting 
        ``$5,036,000,000'' for security and law enforcement;
            (2) striking ``$1,960,000,000'' and inserting 
        ``$2,349,800,000'' for justice, public safety infrastructure, 
        and civil society;
            (3) striking ``$4,455,000,000'' and inserting 
        ``$4,220,000,000'' for the electric sector;
            (4) striking ``$1,723,000,000'' and inserting 
        ``$1,735,600,000'' for oil infrastructure;
            (5) striking ``$2,361,000,000'' and inserting 
        ``$2,131,100,000'' for water resources and sanitation;
            (6) striking ``$500,000,000'' and inserting ``$465,500,000'' 
        for transportation and telecommunications;
            (7) striking ``$370,000,000'' and inserting ``$333,700,000'' 
        for roads, bridges, and construction;
            (8) striking ``$793,000,000'' and inserting ``$739,000,000'' 
        for health care;
            (9) striking ``$845,000,000'' and inserting ``$805,300,000'' 
        for private sector development; and
            (10) striking ``$342,000,000'' and inserting 
        ``$410,000,000'' for education, refugees, human rights, and 
        governance.

    Sec. 1303. Of the funds made available for Coalition Solidarity 
Initiative under the heading ``Peacekeeping Operations'' in chapter 2 of 
title II of division A of Public Law 109-13, $7,000,000 is rescinded.
    Sec. 1304. (a) Section 550 of Public Law 109-102 (119 Stat. 2217) is 
amended to read as follows:

        ``Prohibition on Assistance for the Palestinian Authority

    ``Sec. 550. (a) Prohibition on Assistance.--None of the funds 
appropriated by this Act or any prior Act making appropriations for 
foreign operations, export financing, and related programs, may be 
obligated or expended for assistance for the Palestinian Authority 
unless the Secretary of State determines, and so reports to the 
Committees on Appropriations, that the Palestinian Authority has

[[Page 120 STAT. 436]]

complied with the standards contained in the Quartet's January 30, 2006 
Statement on the Situation in the Middle East that ``a future 
Palestinian government must be committed to nonviolence, recognition of 
Israel, and acceptance of previous agreements and obligations, including 
the Roadmap''.
    ``(b) <<NOTE: President.>> Waiver Authority.--
            ``(1) The President may waive subsection (a) with respect to 
        the administrative and personal security costs of the Office of 
        the President of the Palestinian Authority, for activities of 
        the President of the Palestinian Authority to promote democracy, 
        peaceful resolution of the Israeli-Palestinian conflict, and the 
        rule of law, and with respect to independent agencies, if the 
        President certifies and reports to the Committees on 
        Appropriations that--
                    ``(A) it is in the national security interest of the 
                United States to provide such assistance;
                    ``(B) as the case may be, the President of the 
                Palestinian Authority, the President's party, and 
                independent agencies and any members thereof, are not 
                members of, appointed by, or effectively controlled by 
                Hamas or any other foreign terrorist organization; and
                    ``(C) assistance provided under the authority of 
                this subsection will not be transferred or retransferred 
                to any member of Hamas or other foreign terrorist 
                organization or to any entity effectively controlled by 
                Hamas or other foreign terrorist organization.
            ``(2) <<NOTE: Deadline.>> Not less than 15 days prior to 
        exercising the authority provided in this subsection, the 
        President shall consult with, and shall provide a written policy 
        justification to, the Committees on Appropriations of the House 
        of Representatives and the Senate and the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.

    ``(c) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations describing how the funds will be spent and the 
accounting procedures in place to ensure proper oversight and 
accountability.''.
    (b) <<NOTE: Effective date. Reports.>> Effective on the date of 
enactment of this Act, none of the funds appropriated under the heading 
``Economic Support Fund'' in Public Law 109-102 (119 Stat. 2217) or any 
prior Act making appropriations for foreign operations, export financing 
and related programs may be obligated for assistance for the West Bank 
and Gaza until the Secretary of State consults with the Committees on 
Appropriations, submits a revised plan for such assistance to the 
Committees on Appropriations, and determines and reports to the 
Committees on Appropriations that appropriate procedures and safeguards 
exist to ensure that United States assistance is not provided to or 
through any individual, private or government entity, or educational 
institution, that the Secretary knows or has reason to believe 
advocates, plans, sponsors, engages in, or has engaged in, terrorist 
activity.

    Sec. 1305. Of the funds appropriated under the heading ``Subsidy 
Appropriation'' for the Export-Import Bank of the United States that are 
available for tied-aid grants in title I of Public Law 107-115 and under 
such heading in prior Acts making appropriations

[[Page 120 STAT. 437]]

for foreign operations, export financing, and related programs, 
$37,000,000 are rescinded.
    Sec. 1306. To the extent not otherwise authorized, supervision and 
administrative costs of the Department of Defense associated with a 
construction project funded with the Iraq Relief and Reconstruction Fund 
may be obligated at the time a construction contract is awarded or, for 
pre-existing contracts, by September 30, 2006: Provided, That for the 
purposes of this section, supervision and administration costs include 
all in-house Government costs.

                                CHAPTER 4

                     DEPARTMENT OF HOMELAND SECURITY

                        United States Coast Guard

                           OPERATING EXPENSES

    For an additional amount for ``Operating Expenses'', $26,692,000: 
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 5

                          DEPARTMENT OF DEFENSE

                          MILITARY CONSTRUCTION

                       Military Construction, Army

    For an additional amount for ``Military Construction, Army'', 
$187,100,000, to remain available until September 30, 2007: Provided, 
That such funds may be obligated and expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That the amount provided under this heading is 
designated as 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 $50,000,000 of the funds 
provided under this heading may not be obligated or expended until after 
that date on which the Secretary of Defense submits a detailed plan for 
Counter IED/Urban Bypass Roads, Iraq, to the Committees on 
Appropriations of the House of Representatives and Senate.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$27,700,000, to remain available until September 30, 2007: Provided, 
That such funds may be obligated and expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

[[Page 120 STAT. 438]]

                   Military Construction, Defense-Wide

    For an additional amount for ``Military Construction, Defense-
Wide'', $20,600,000, to remain available until September 30, 2007: 
Provided, That such funds may be obligated and expended to carry out 
planning and design and military construction projects not otherwise 
authorized by law: Provided further, That the amount provided under this 
heading is designated as 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 JUSTICE

                            Legal Activities

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'', $3,000,000, 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.

                     United States Marshals Service

                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', $1,000,000, 
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.

                     Federal Bureau of Investigation

                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'', $85,700,000, 
to remain available until <<NOTE: Certification.>> September 30, 2007: 
Provided, That no funding provided under this heading shall be available 
for obligation for a new or enhanced information technology program 
unless the Deputy Attorney General and the investment review board 
certify to the Committees on Appropriations that the information 
technology program has appropriate program management and contractor 
oversight mechanisms in place, and that the program is compatible with 
the enterprise architecture of the Department of Justice and Federal 
Bureau of Investigation: Provided further, That the amount provided 
under this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 439]]

                     Drug Enforcement Administration

                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'', $14,200,000, 
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.

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', $4,000,000, 
to remain available until September 30, 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 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'', 
$1,383,625,000, to remain available until September 30, 2007: Provided, 
That of the funds available under this heading, not less than $250,000 
shall be made available for the establishment and adequate support, 
including staffing and travel, of the Office of the Presidential Special 
Envoy for Sudan: Provided further, That of the amount made available 
under this heading, $1,000,000 shall be available for transfer to the 
United States Institute of Peace: 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.

                       OFFICE OF INSPECTOR GENERAL

                      (including transfer of funds)

    For an additional amount for ``Office of Inspector General'', 
$25,300,000, to remain available until September 30, 2007, of which 
$24,000,000 shall be transferred to the Special Inspector General for 
Iraq Reconstruction for reconstruction oversight: Provided, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 440]]

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

    For an additional amount for ``Educational and Cultural Exchange 
Programs'', $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.

                       International Organizations

         Contributions for International Peacekeeping Activities

    For an additional amount for ``Contributions for International 
Peacekeeping Activities'', $129,800,000, 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.

                             RELATED AGENCY

                     Broadcasting Board of Governors

                  International Broadcasting Operations

    For an additional amount for ``International Broadcasting 
Operations'' for programs and activities promoting democracy in Iran, 
$10,274,000, 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.

                    BROADCASTING CAPITAL IMPROVEMENTS

    For an additional amount for ``Broadcasting Capital Improvements'', 
$25,826,000, to support programming to Iran, 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.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1601. Funds appropriated or made available in this chapter for 
the Broadcasting Board of Governors and the Department of State may be 
obligated and expended notwithstanding section 15 of the State 
Department Basic Authorities Act of 1956, section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236), and section 504(a)(1) of the National Security Act of 1947.
    Sec. 1602. (a) Waiver of Annuity Limitations on Reemployed Foreign 
Service Annuitants.--Section 824(g) of the Foreign Service Act of 1980 
(22 U.S.C. 4064(g)) is amended to read as follows:
    ``(g)(1) To facilitate the assignment of persons to Iraq and 
Afghanistan or to posts vacated by members of the Service assigned to 
Iraq and Afghanistan, the Secretary of State may waive the

[[Page 120 STAT. 441]]

application of subsections (a) through (d) on a case-by-case basis for 
an annuitant reemployed on a temporary basis, or grant authority to the 
head of an Executive agency to waive the application of subsections (a) 
through (d) on a case-by-case basis for an annuitant reemployed on a 
temporary basis--
            ``(A) if, and for so long as, such waiver is necessary due 
        to an emergency involving a direct threat to life or property or 
        other unusual circumstances; or
            ``(B) if the annuitant is employed in a position for which 
        there is exceptional difficulty in recruiting or retaining a 
        qualified employee.

    ``(2) <<NOTE: Termination date.>> The authority of the Secretary to 
waive the application of subsections (a) through (d) for an annuitant 
pursuant to subparagraph (B) of paragraph (1), or to grant authority to 
the head of an Executive agency to waive the application of such 
subsections to an annuitant under subparagraphs (A) or (B) of such 
paragraph, shall terminate on October 1, 2008. An annuitant reemployed 
pursuant to such authority prior to such termination date may be 
employed for a period ending not later than one year after such date.

    ``(3) The Secretary should prescribe procedures for the exercise of 
any authority under paragraph (1), including criteria for any exercise 
of authority and procedures for a delegation of authority.''.
    (b) Waiver of Annuity Limitations on Reemployed Civil Service 
Annuitants.--
            (1) Department of state.--Title I of the Department of State 
        Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is 
        amended by adding at the end the following new section:

``SEC. 61. <<NOTE: 22 USC 2733.>> REEMPLOYMENT OF ANNUITANTS UNDER THE 
            CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES' 
            RETIREMENT SYSTEM.

    ``(a) Authority.--
            ``(1) In general.--To facilitate the assignment of persons 
        to Iraq and Afghanistan or to posts vacated by members of the 
        Service assigned to Iraq and Afghanistan, the Secretary of State 
        may waive the application of the provisions of section 8344 or 
        8468 of title 5, United States Code, on a case-by-case basis for 
        employment of an annuitant in a position in the Department of 
        State for which there is exceptional difficulty in recruiting or 
        retaining a qualified employee, or when a temporary emergency 
        hiring need exists.
            ``(2) Termination of authority.--The authority of the 
        Secretary under paragraph (1) shall terminate on October 1, 
        2008. An annuitant reemployed pursuant to such authority prior 
        to such termination date may be employed for a period ending not 
        later than one year after such date.

    ``(b) Procedures.--The Secretary should prescribe procedures for the 
exercise of any authority under subsection (a), including criteria for 
any exercise of authority and procedures for a delegation of authority.
    ``(c) Annuitants Not Treated as Employees for Purposes of Retirement 
Benefits.--An employee for whom a waiver under this section is in effect 
shall not be considered an employee for purposes of subchapter III of 
chapter 83, or chapter 84 of title 5, United States Code.''.

[[Page 120 STAT. 442]]

            (2) United states agency for international development.--
        Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2385) is amended by adding at the end the following new 
        subsection:

    ``(j)(1)(A) To facilitate the assignment of persons to Iraq and 
Afghanistan or to posts vacated by members of the Service assigned to 
Iraq and Afghanistan, the Administrator of the United States Agency for 
International Development may waive the application of the provisions of 
section 8344 or 8468 of title 5, United States Code, on a case-by-case 
basis for employment of an annuitant in a position in the United States 
Agency for International Development for which there is exceptional 
difficulty in recruiting or retaining a qualified employee, or when a 
temporary emergency hiring need exists.
    ``(B) <<NOTE: Termination date.>> The authority of the Administrator 
under subparagraph (A) shall terminate on October 1, 2008. An annuitant 
reemployed pursuant to such authority prior to such termination date may 
be employed for a period ending not later than one year after such date.

    ``(2) The Administrator should prescribe procedures for the exercise 
of any authority under this subsection, including criteria for any 
exercise of authority and procedures for a delegation of authority.
    ``(3) An employee for whom a waiver under this section is in effect 
shall not be considered an employee for purposes of subchapter III of 
chapter 83, or chapter 84 of title 5, United States Code.''.
    (c) Report on Use of Annuity Limitation Waiver Authority.--Not later 
than 1 year after the date of the enactment of this Act, the Secretary 
of State shall submit to the Committee on Foreign Relations, the 
Committee on Appropriations, and the Committee on Homeland Security and 
Government Affairs of the Senate and the Committee on International 
Relations, the Committee on Appropriations, and the Committee on 
Government Reform of the House of Representatives a report on the 
exercise of the waiver authorities provided under section 824(g) of the 
Foreign Service Act of 1980 (22 U.S.C. 4064(g)), as amended by 
subsection (a), section 61 of the State Department Basic Authorities Act 
of 1956, as added by subsection (b)(1), and section 625(j) of the 
Foreign Assistance Act of 1961, as added by subsection (b)(2). The 
report shall include the number and type of positions that have been 
filled under such waiver authority, and the retirement date, former job 
title, and new job title of each annuitant reemployed under such 
authority.
    (d) Home Leave Provisions.--
            (1) Travel expenses for rest and recuperation travel.--
        Section 901(6) of the Foreign Service Act (22 U.S.C. 4081(6)) is 
        amended by striking ``unbroken by home leave'' each place it 
        appears.
            (2) Authority to require leaves of absence.--Section 903(a) 
        of the Foreign Service Act (22 U.S.C. 4083) is amended by 
        striking ``18 months'' and inserting ``12 months''.

    (e) <<NOTE: 22 USC 2703 note.>> Authority To Provide Accommodation 
and Subsistence to Individuals Serving in Iraq and Afghanistan.--The 
Secretary of State may provide during any fiscal year, with or without 
reimbursement, accommodation and subsistence to personnel in Iraq and 
Afghanistan for whom the Chief of Mission is responsible.

[[Page 120 STAT. 443]]

    Sec. 1603. (a) In General.--During fiscal years 2006, 2007, and 
2008, the head of an agency may, in the agency head's discretion, 
provide to an individual employed by, or assigned or detailed to, such 
agency allowances, benefits, and gratuities comparable to those provided 
by the Secretary of State to members of the Foreign Service under 
section 413 and chapter 9 of title I of the Foreign Service Act of 1980 
(22 U.S.C. 3973; 4081 et seq.), if such individual is on official duty 
in Iraq or Afghanistan.
    (b) Construction.--Nothing in this section shall be construed to 
impair or otherwise affect the authority of the head of an agency under 
any other provision of law.
    (c) Applicability of Certain Authorities.--Section 912(a) of the 
Internal Revenue Code of 1986 shall apply with respect to amounts 
received as allowances or otherwise under this section in the same 
manner as section 912 of the Internal Revenue Code of 1986 applies with 
respect to amounts received by members of the Foreign Service as 
allowances or otherwise under chapter 9 of title I of the Foreign 
Service Act of 1980.

                                CHAPTER 7

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', $1,800,000, 
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.

                                TITLE II

             FURTHER HURRICANE DISASTER RELIEF AND RECOVERY

                                CHAPTER 1

                        DEPARTMENT OF AGRICULTURE

                          Executive Operations

                          WORKING CAPITAL FUND

    For an additional amount for ``Working Capital Fund'', $25,000,000, 
to remain available until September 30, 2007, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

[[Page 120 STAT. 444]]

                     Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$445,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as 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'', $10,000,000, 
to remain available until expended, for necessary expenses related to 
the consequences of Hurricane Katrina and other hurricanes of the 2005 
season: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                        BUILDINGS AND FACILITIES

    For an additional amount for ``Buildings and Facilities'', 
$20,000,000, to remain available until expended, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                 Natural Resources Conservation Service

                 EMERGENCY WATERSHED PROTECTION PROGRAM

    For an additional amount for ``Emergency Watershed Protection 
Program'', $50,955,000, to remain available until expended, for 
emergency measures in disaster areas affected by Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That notwithstanding any 
other provision of law, the Secretary, acting through the Natural 
Resources Conservation Service, using funds made available under this 
heading may provide financial and technical assistance to remove and 
dispose of debris and animal carcasses that could adversely affect 
health and safety on non-Federal land in a hurricane-affected county: 
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.

                            Rural Development

                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'', $1,000,000, 
to remain available until expended, for necessary expenses related to 
the consequences of Hurricane Katrina and other hurricanes of the 2005 
season for State Rural Development

[[Page 120 STAT. 445]]

offices located in Mississippi and Louisiana: Provided, That the amount 
provided under this heading is designated as 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 COMMUNITY ADVANCEMENT PROGRAM

    For an additional amount for the cost of community facilities direct 
loans, loan guarantees, and grants described in section 381E(d)(1) of 
the Consolidated Farm and Rural Development Act, $25,000,000, to remain 
available until expended, for necessary expenses related to the 
consequences of Hurricane Katrina and other hurricanes of the 2005 
season: Provided, That not to exceed $5,000,000 shall be available for 
direct and guaranteed loans: 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

                      (including transfer of funds)

    Sec. 2101. Notwithstanding subsection (b) of section 102 of title I 
of division B of Public Law 109-148 (119 Stat. 2748), the Secretary of 
Agriculture may provide financial and technical assistance in carrying 
out such section in an amount up to 100 percent Federal share, as 
provided in regulations implementing the emergency watershed protection 
program: Provided, That the amount provided under this heading is 
designated as 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. 2102. Notwithstanding any other provision of law, the Chief of 
the Natural Resources Conservation Service may enter into agreements to 
donate up to 20 used vehicles currently on loan to organizations or 
State or local units of government affected by Hurricane Katrina and 
other hurricanes of the 2005 season.
    Sec. 2103. The Secretary of Agriculture may continue to use any of 
the authorities provided in section 105 of chapter 1 of title I of 
division B of Public Law 109-148 (119 Stat. 2749-2750), for a period not 
to exceed 18 additional months: Provided, That the authority provided in 
subsection (a)(7) of such section may allow funds made available under 
the Community Facility Grant program to be approved without regard to 
income limits for purposes related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season for structures 
designated by a State or local governmental entity as an emergency 
shelter: Provided further, That 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. 2104. Of the funds appropriated in section 101(a) of chapter 1 
of title I of division B of Public Law 109-148 (119 Stat. 2747), 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.), $38,000,000 are transferred to the National Oceanic and 
Atmospheric Administration in the

[[Page 120 STAT. 446]]

Department of Commerce for activities involving oysters: Provided, That 
the amount transferred 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. 2105. Section 101(b) of chapter 1 of title I of division B of 
Public Law 109-148 (119 Stat. 2747) is amended--
            (1) in the heading, by striking ``, Oyster,'';
            (2) in the matter preceding paragraph (1)--
                    (A) by striking ``, oyster,''; and
                    (B) by striking ``public and private oyster reefs 
                or'';
            (3) in paragraph (3), by adding ``and'' at the end;
            (4) by striking paragraph (4); and
            (5) by redesignating paragraph (5) as paragraph (4).

    Sec. 2106. Funds made available for the wildlife habitat incentive 
program established under section 1240N of the Food Security Act of 1985 
(16 U.S.C. 3839bb-1) under section 211(b) of the Agricultural Risk 
Protection Act of 2000 (Public Law 106-224; 7 U.S.C. 1421 note) and 
section 820 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 (Public 
Law 106-387; 114 Stat. 1549A-59) shall remain available until expended 
to carry out obligations made for fiscal year 2001 and are not available 
for new obligations.

                                CHAPTER 2

                     DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$2,125,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as 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'', 
$22,002,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$3,992,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section

[[Page 120 STAT. 447]]

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'', 
$21,610,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as 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'', 
$4,071,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as 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'', 
$10,200,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as 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'', 
$2,176,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$94,000, for necessary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season: Provided, That the 
amount provided under this heading is designated as 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'', 
$1,304,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading

[[Page 120 STAT. 448]]

is designated as 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'', $1,408,000, for necessary expenses related to the consequences 
of Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as 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, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$29,913,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as 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'', $37,359,000, to remain available until September 30, 2007, for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That the amount provided 
under this heading is designated as 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'', $12,755,000, to remain available until September 30, 2007, 
for necessary expenses related to the consequences of Hurricane Katrina 
and other hurricanes of the 2005 season: Provided, That the amount 
provided under this heading is designated as 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'', $1,277,000, to remain available until September 30, 2007, for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con.

[[Page 120 STAT. 449]]

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'', $42,307,000, to remain available until September 30, 
2007, for necessary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season: Provided, That the 
amount provided under this heading is designated as 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 Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$700,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as 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'', 
$9,136,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as 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'', 
$579,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as 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'', $899,000, to remain available until September 30, 2008, 
for necessary expenses related to the consequences of Hurricane Katrina 
and other hurricanes of the 2005 season: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 450]]

                    Shipbuilding and Conversion, Navy

                      (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Shipbuilding and Conversion, Navy'', 
$775,236,000, to remain available until September 30, 2010, for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, 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, <<NOTE: Deadline. Notification.>> That the Secretary 
of Defense shall, not fewer than 15 days prior to making transfers 
within this appropriation, notify the congressional defense committees 
in writing of the details of any such transfer: Provided further, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 2006.

                         Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$85,040,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as 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, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$13,000,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as 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'', 
$2,797,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 451]]

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $12,000,000, to remain available until September 30, 
2007, for necessary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season: Provided, That the 
amount provided under this heading is designated as 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'', $6,250,000, to remain available until September 
30, 2007, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as 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'', $730,000, to remain available until 
September 30, 2007, for necessary expenses related to the consequences 
of Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as 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'', 
$1,222,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as 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 Defense Sealift Fund

    For an additional amount for ``National Defense Sealift Fund'', 
$10,000,000, to remain available until expended, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

[[Page 120 STAT. 452]]

                               TRUST FUNDS

General Fund Payment, Surcharge Collections, Sales of Commissary Stores, 
                                 Defense

    For an additional amount for ``General Fund Payment, Surcharge 
Collections, Sales of Commissary Stores, Defense'', $10,530,000, to 
remain available until September 30, 2010, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season: Provided, That the amount provided under this heading 
is designated as 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'', 
$33,881,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as 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'', 
$326,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as 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. 2201. Upon his determination that such action is necessary to 
ensure the appropriate allocation of funds provided to the Department of 
Defense in this chapter and in chapter 2, title I of this Act, the 
Secretary of Defense may transfer up to $150,000,000 between 
appropriations made available for military personnel; operation and 
maintenance; procurement; research, development, test and evaluation; 
and revolving and management <<NOTE: Notification.>> funds: 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.

    Sec. 2202. None of the funds provided in this chapter may be used to 
finance programs or activities denied by Congress in fiscal year 2005 
and 2006 appropriations to the Department of Defense or to initiate a 
procurement or research, development,

[[Page 120 STAT. 453]]

test and evaluation new start program without prior written notification 
to the congressional defense committees.
    Sec. 2203. Notwithstanding any other provision of law, of the 
amounts appropriated or otherwise made available under the heading 
``Shipbuilding and Conversion, Navy'' in chapter 2 of title II of this 
Act, or under said heading in chapter 2 of title I of the Emergency 
Supplemental Appropriations Act to Address Hurricanes in the Gulf of 
Mexico and Pandemic Influenza, 2006 (division B of Public Law 109-148; 
119 Stat. 2757), not less than $140,000,000 shall be made available for 
infrastructure improvements at Gulf Coast shipyards that have existing 
Navy shipbuilding contracts and that were damaged by Hurricane Katrina 
in calendar year 2005.

                                CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

                             Investigations

    For an additional amount for ``Investigations'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $3,300,000, 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: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, utilizing $3,300,000 of the funds 
provided herein shall develop a comprehensive plan, at full Federal 
expense, to deauthorize deep draft navigation on the Mississippi River-
Gulf Outlet, Louisiana, extending from the Gulf of Mexico to the Gulf 
Intracoastal Waterway: Provided 
further, <<NOTE: Deadline. Reports.>> That, not later than 6 months 
after the date of enactment of this Act, the Secretary shall submit an 
interim report to Congress comprising the plan: Provided further, That 
the Secretary shall refine the plan, if necessary, to be fully 
consistent, integrated, and included in the final report to be issued in 
December 2007 for the Louisiana Coastal Protection and Restoration Plan: 
Provided further, <<NOTE: Deadline. Reports.>> the Secretary shall 
provide to the Congress a report, by not later than 90 days after the 
date of enactment of this Act, describing, for the period beginning on 
the date on which the individual system components for hurricane and 
storm damage reduction were constructed and ending on the date on which 
the report is prepared, the difference between the vertical settlement 
of the system that is attributable to the settling of levees and 
floodwalls or subsidence versus the vertical grade deficiencies that are 
attributable to new storm data that may require a higher level of 
vertical protection in order to comply with 100-year floodplain 
certification and standard project hurricane.

[[Page 120 STAT. 454]]

                              CONSTRUCTION

    For an additional amount for ``Construction'' for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season, $549,400,000, to remain available until expended, of 
which up to $20,200,000 may be used to reduce the risk of storm damage 
to the greater New Orleans metropolitan area, at full Federal expense, 
by restoring the surrounding wetlands through measures to begin to 
reverse wetland losses in areas affected by navigation, oil and gas, and 
other channels and through modification of the Caernarvon Freshwater 
Diversion structure or its operations; at least $495,300,000 shall be 
used consistent with the cost-sharing provisions under which the 
projects were originally constructed to raise levee heights where 
necessary and otherwise enhance the existing Lake Pontchartrain and 
Vicinity project and the existing West Bank and Vicinity project to 
provide the levels of protection necessary to achieve the certification 
required for participation in the National Flood Insurance Program under 
the base flood elevations current at the time of this construction: 
Provided, That the amount provided under this heading is designated as 
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 $1,500,000 shall be for the North 
Padre Island, Texas project: Provided further, That $30,400,000 is 
available for flood control work in the Sacramento, California, Area: 
Provided further, That $2,000,000 shall be provided at full Federal 
expense for the Hawaii Water Systems Technical Assistance Program.

                       OPERATIONS AND MAINTENANCE

    For an additional amount for ``Operations and Maintenance'' to 
dredge navigation channels and repair other Corps projects related to 
the consequences of Hurricane Katrina and other hurricanes of the 2005 
season, $3,200,000 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: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use funds appropriated herein for dredging 
needs along the Texas Gulf Coast.

                  FLOOD CONTROL AND COASTAL EMERGENCIES

                     (including rescission of funds)

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses relating to the consequences of 
Hurricane Katrina and other hurricanes, $3,145,024,000, to remain 
available until expended: Provided, That the Secretary of the Army is 
directed to use the funds appropriated under this heading to modify, at 
full Federal expense, authorized projects in southeast Louisiana to 
provide hurricane and storm damage reduction and flood damage reduction 
in the greater New Orleans and surrounding areas; $530,000,000 shall be 
used to

[[Page 120 STAT. 455]]

modify the 17th Street, Orleans Avenue, and London Avenue drainage 
canals and install pumps and closure structures at or near the 
lakefront; $250,000,000 shall be used for storm-proofing interior pump 
stations to ensure the operability of the stations during hurricanes, 
storms, and high water events; $170,000,000 shall be used for armoring 
critical elements of the New Orleans hurricane and storm damage 
reduction system; $350,000,000 shall be used to improve protection at 
the Inner Harbor Navigation Canal; $215,000,000 shall be used to replace 
or modify certain non-Federal levees in Plaquemines Parish to 
incorporate the levees into the existing New Orleans to Venice hurricane 
protection project; $1,584,000,000 shall be used for reinforcing or 
replacing flood walls, as necessary, in the existing Lake Pontchartrain 
and Vicinity project and the existing West Bank and Vicinity project to 
improve the performance of the systems; $30,024,000 for repairs, 
replacements, modifications and improvements of non-Federal levees and 
associated protection measures in Terrebonne Parish at full Federal 
expense: Provided further, That $16,000,000 is provided for the 
restoration of funds for hurricane-damaged projects in the State of 
Pennsylvania: Provided further, <<NOTE: Contracts.>> That any project 
using funds appropriated under this heading shall be initiated only 
after non-Federal interests have entered into binding agreements with 
the Secretary requiring the non-Federal interests to pay 100 percent of 
the operation, maintenance, repair, replacement, and rehabilitation 
costs of the project and to hold and save the United States free from 
damages due to the construction or operation and maintenance of the 
project, except for damages due to the fault or negligence of the United 
States or its contractors: 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.

    Of the funds provided under this heading in chapter 3 of division B 
of Public Law 109-148, $15,000,000 are rescinded.

                       DEPARTMENT OF THE INTERIOR

                          Bureau of Reclamation

                       WATER AND RELATED RESOURCES

    For an additional amount for ``Water and Related Resources'', 
$9,000,000, to remain available until expended for Drought Emergency 
Assistance: Provided, That the amount provided under this heading is 
designated as 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. Use of Unexpended Funds. (a) In General.--Notwithstanding 
any other provision of law, amounts made available to the State of 
Oklahoma or agencies or authorities therein (referred to in this section 
as the ``State'') before the date of enactment of this Act for general 
remediation activities being conducted in the vicinity of the Tar Creek 
Superfund Site in northeastern Oklahoma and in Ottawa County, Oklahoma, 
that remain unexpended as of the date of enactment of this Act are 
authorized

[[Page 120 STAT. 456]]

to be used by the State to assist individuals and entities in relocation 
from areas at risk or potential risk of damage caused by land subsidence 
as determined by the State.
    (b) Use of Unexpended Funds.--The use of unexpended funds in 
accordance with subsection (a)--
            (1) shall not be subject to the Uniform Relocation 
        Assistance and Real Property Acquisition Policies Act of 1970 
        (42 U.S.C. 4601 et seq.); and
            (2) may include any general remediation activities described 
        in section (a) determined to be appropriate by the State, 
        including the buyout of 1 or more properties to facilitate a 
        relocation described in subsection (a).

    Sec. 2302. (a) The $12,000,000 provided in division B, chapter 3 of 
title I, Investigations, of Public Law 109-148 (119 Stat. 2761) for the 
Louisiana hurricane protection study shall be at full Federal expense.
    (b) Of the $12,000,000 provided in division B, chapter 3 of title I, 
Investigations, of Public Law 109-148 (119 Stat. 2761) for the Louisiana 
hurricane protection study, $5,000,000 shall be available for 
expenditure prior to the effective date of the enactment of a State law 
establishing a single State or quasi-State entity to act as local 
sponsor for construction, operation and maintenance of all of the 
hurricane, storm damage reduction and flood control projects in the 
greater New Orleans and southeast Louisiana area.
    Sec. 2303. Chapter 3, under division B of title I of Public Law 109-
148 (119 Stat. 2762) under the heading ``Flood Control, Mississippi 
River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, 
Mississippi, Missouri, and Tennessee'' is modified by inserting the 
following before the period: ``: Provided further, That the Corps is 
directed to expedite and accelerate completion of any study or any 
unconstructed portion of the Mississippi River and Tributaries project 
for the flood and storm damage reduction projects in the south Louisiana 
area'': Provided, That the amount provided under this heading is 
designated as 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. 2304. Chapter 3, under division B of title I of Public Law 109-
148 (119 Stat. 2762) under the heading ``Operations and Maintenance'' is 
modified by inserting the following before the last proviso: ``: 
Provided further, That $75,000,000 of the funds provided herein shall be 
used for the repair, construction or provision of measures or structures 
necessary to protect, restore or increase wetlands, to prevent saltwater 
intrusion or storm surge'': Provided, That the amount provided under 
this heading is designated as 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. 2305. Section 227 of Public Law 104-303 is modified as follows:
            (1) Section 5(a) is amended by striking ``6'', and inserting 
        ``7'' in lieu thereof.
            (2) Section 5(e)(2) is amended by striking ``$21,000,000'', 
        and inserting ``$25,000,000'' in lieu thereof.

    Sec. 2306. (a) Section 104(c) of the Reclamation States Emergency 
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking 
``September 30, 2005'' and inserting ``September 30, 2010'' in lieu 
thereof.

[[Page 120 STAT. 457]]

    (b) Section 301 of the Reclamation States Emergency Drought Relief 
Act of 1991 (43 U.S.C. 2241) is amended by striking ``fiscal years 1992, 
1993, 1994, 1995, 1996, 1999, 2000, 2001, 2002, 2003, and 2004'' and 
inserting ``the period of fiscal years 2006 through 2010'' in lieu 
thereof.
    Sec. 2307. <<NOTE: 33 USC 2293a.>> None of the funds made available 
before, on, or after the date of enactment of this Act in an 
appropriations Act may be expended to prevent or limit any reprogramming 
of funds for a project to be carried out by the Corps of Engineers using 
funds appropriated in any Act making appropriations for energy and water 
development, based on whether the project was included by the President 
in the budget transmitted under section 1105(a) of title 31, United 
States Code, or is otherwise proposed by the President or considered 
part of the budget by the Office of Management and Budget, if the 
project received funds in an Act making appropriations for energy and 
water development or any other appropriations Act making additional 
funds available for energy and water development.

    Sec. 2308. None of the funds made available under this or any other 
Act shall be used during fiscal year 2006 or previous to April 1, 2007, 
to make, or plan or prepare to make, any payment on bonds issued by the 
Administrator of the Bonneville Power Administration (referred in this 
section as the ``Administrator'') or for an appropriated Federal 
Columbia River Power System investment, if the payment is both--
            (1) greater, during any fiscal year, than the payments 
        calculated in the rate hearing of the Administrator to be made 
        during that fiscal year using the repayment method used to 
        establish the rates of the Administrator as in effect on 
        February 6, 2006; and
            (2) based or conditioned on the actual or expected net 
        secondary power sales receipts of the Administrator.

    Sec. 2309. Section 1202 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990, as amended (110 Stat. 4085, 4091; 16 
U.S.C. 4722(i)(3)(C)), is amended by deleting ``, to carry out this 
paragraph, $750,000'', and inserting the following in lieu thereof: 
``such sums as are necessary to carry out the dispersal barrier 
demonstration project directed by this paragraph''.

                                CHAPTER 4

                     DEPARTMENT OF HOMELAND SECURITY

                       Office of Inspector General

    For an additional amount for ``Office of Inspector General'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $2,000,000, to remain available 
until September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

[[Page 120 STAT. 458]]

                      Customs and Border Protection

                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $12,900,000: 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'' for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season, $4,800,000, 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 Coast Guard

                           OPERATING EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

    For an additional amount for ``Operating Expenses'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $88,970,000, to remain available until 
September 30, 2007, of which up to $267,000 may be transferred to 
``Environmental Compliance and Restoration'' to be used for 
environmental cleanup and restoration of Coast Guard facilities in the 
Gulf of Mexico region; and of which up to $470,000 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 
Hurricane Katrina and other hurricanes of the 2005 season, $191,730,000, 
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.

                   Federal Emergency Management Agency

                 ADMINISTRATIVE AND REGIONAL OPERATIONS

    For an additional amount for ``Administrative and Regional 
Operations'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season,

[[Page 120 STAT. 459]]

$71,800,000, 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.

            PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

    For an additional amount for ``Preparedness, Mitigation, Response, 
and Recovery'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $10,000,000, 
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 RELIEF

    For an additional amount for ``Disaster Relief'' for necessary 
expenses under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), $6,000,000,000, to remain 
available until expended: Provided, That for States in which the 
President declared a major disaster (as that term is defined in section 
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122)) on September 24, 2005, as a result of Hurricane 
Rita, each county or parish eligible for individual and public 
assistance under such declaration in such States will be treated equally 
for purposes of cost-share adjustments under such Act, to account for 
the impact in those counties and parishes of Hurricanes Rita and 
Katrina: Provided further, <<NOTE: Deadline.>> That the Secretary of 
Homeland Security shall submit for approval a proposal and an 
expenditure plan for housing, including the alternative housing pilot 
programs under section 2403 of this Act, to the Committees on 
Appropriations of the Senate and House of Representatives within forty-
five days from the date of enactment of this Act: 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.

             DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

    For an additional amount for ``Disaster Assistance Direct Loan 
Program Account'' for the cost of direct loans as authorized under 
section 417 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5184), $279,800,000, to be used to assist 
local governments affected by Hurricane Katrina and other hurricanes of 
the 2005 season in providing essential services, of which $1,000,000 is 
for administrative expenses to carry out the direct loan program: 
Provided, That such funds may be made to subsidize gross obligations for 
the principal amount of direct loans not to exceed $371,733,000: 
Provided further, That notwithstanding section 417(b) of such Act, the 
amount of any such loan issued pursuant to this section may exceed 
$5,000,000, and may be equal to not more than 50 percent of the annual 
operating budget of the local government in any case in which that local 
government has suffered a loss of 25 percent or more in tax revenues due 
to Hurricane

[[Page 120 STAT. 460]]

Katrina or Hurricane Rita: Provided further, That notwithstanding 
section 417(c)(1) of such Act, such loans may not be canceled: Provided 
further, That the cost of modifying such loans shall be as defined in 
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a): 
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. 2401. The Federal Emergency Management Agency may provide funds 
to a State or local government or, as necessary, assume an existing 
agreement from such unit of government, to pay for utility costs 
resulting from the provision of temporary housing units to evacuees from 
Hurricane Katrina and other hurricanes of the 2005 season if the State 
or local government has previously arranged to pay for such utilities on 
behalf of the evacuees for the term of any leases, not to exceed 12 
months, contracted by or prior to February 7, 2006: Provided, That the 
Federal share of the costs eligible to be paid shall be 100 percent.
    Sec. 2402. (a) Title III of Public Law 109-90 (119 Stat. 2079) is 
amended under the heading ``National Flood Insurance Fund'' by striking 
in the proviso ``$30,000,000'' and inserting ``such sums as necessary''.
    (b) The provisions of 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. 2403. Notwithstanding any other provision of law, the Secretary 
of Homeland Security shall consider eligible under the Federal Emergency 
Management Agency Individual Assistance Program the costs sufficient for 
alternative housing pilot programs in the areas hardest hit by Hurricane 
Katrina and other hurricanes of the 2005 season.

                                CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                 United States Fish and Wildlife Service

                              CONSTRUCTION

    For an additional amount for ``Construction'' for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season and for repayment of advances to projects from which 
funds were transferred for such purposes, $132,400,000, 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.

[[Page 120 STAT. 461]]

                          National Park Service

                       HISTORIC PRESERVATION FUND

    For an additional amount for the ``Historic Preservation Fund'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $43,000,000, to remain available 
until September 30, 2007: Provided, <<NOTE: Grants.>> That of the funds 
provided under this heading, $40,000,000 shall be provided to State 
Historic Preservation Officers, after consultation with the National 
Park Service, for grants for disaster relief in areas of Louisiana, 
Mississippi, and Alabama impacted by Hurricanes Katrina or Rita: 
Provided further, That grants shall be for the preservation, 
stabilization, rehabilitation, and repair of historic properties listed 
in or eligible for the National Register of Historic Places, for 
planning and technical assistance: Provided further, That preference 
shall be given to grants based upon, but not limited to, properties 
located within National Heritage Areas, owner-occupied houses, and an 
ability to spend the funds expeditiously: Provided further, That grants 
shall only be available for areas that the President determines to be a 
major disaster under section 102(2) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) due to 
Hurricanes Katrina or Rita: Provided further, That individual grants 
shall not be subject to a non-Federal matching requirement: Provided 
further, That no more than 5 percent of funds provided under this 
heading for disaster relief grants may be used for administrative 
expenses: 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.

                              CONSTRUCTION

    For an additional amount for ``Construction'' for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season, $55,400,000, 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.

                     United States Geological Survey

                  SURVEYS, INVESTIGATIONS, AND RESEARCH

                     (including transfers of funds)

    For an additional amount for ``Surveys, Investigations, and 
Research'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season and for 
repayment of advances to other appropriation accounts from which funds 
were transferred for such purposes, $10,200,000, 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.

[[Page 120 STAT. 462]]

                       Minerals Management Service

                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

                     (including transfers of funds)

    For an additional amount for ``Royalty and Offshore Minerals 
Management'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season and for 
repayment of advances to other appropriation accounts from which funds 
were transferred for such purposes, $15,000,000, 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.

                     ENVIRONMENTAL PROTECTION AGENCY

                  Environmental Programs and Management

    For an additional amount for ``Environmental Programs and 
Management'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $6,000,000, 
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.

                Leaking Underground Storage Tank Program

    For an additional amount for the ``Leaking Underground Storage Tank 
Program'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $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.

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                         NATIONAL FOREST SYSTEM

    For an additional amount for the ``National Forest System'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $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.

[[Page 120 STAT. 463]]

                                CHAPTER 6

                           DEPARTMENT OF LABOR

                 Employment and Training Administration

                    Training and Employment Services

    For an additional amount for ``Training and Employment Services'', 
$16,000,000, to remain available until expended, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season, for construction, rehabilitation, and acquisition of 
Job Corps centers as authorized by the Workforce Investment Act of 1998: 
Provided, That the amount provided under this heading is designated as 
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

              Health Resources and Services Administration

                      health resources and services

    For an additional amount for ``Community Health Centers'', 
$4,000,000, to remain available until expended, to purchase and operate 
communications equipment including satellite phones for a communications 
network among departments of health, community health centers and major 
medical centers in States affected by Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

               Centers for Disease Control and Prevention

                 DISEASE CONTROL, RESEARCH, AND TRAINING

    For an additional amount for ``Disease Control, Research, and 
Training'', $8,000,000, to remain available until expended, for mosquito 
and other pest abatement activities in States affected by Hurricane 
Katrina and other hurricanes of the 2005 season: Provided, That the 
amount provided under this heading is designated as 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

                      Hurricane Education Recovery

    For an additional amount under the heading ``Department of 
Education'' in Public Law 109-148 for carrying out section 107 of title 
IV, division B of that Act, $235,000,000, for necessary expenses related 
to the consequences of Hurricane Katrina and other hurricanes of the 
2005 season: Provided, That the amount

[[Page 120 STAT. 464]]

provided under this heading is designated as 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 under part B of title VII of the Higher 
Education Act of 1965 (``HEA'') for institutions of higher education (as 
defined in section 102 of that Act) that are located in an area in which 
a major disaster was declared in accordance with section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act related 
to hurricanes in the Gulf of Mexico in calendar year 2005, $50,000,000: 
Provided, That such funds shall be available to the Secretary of 
Education only for payments to help defray the expenses (which may 
include lost revenue, reimbursement for expenses already incurred, and 
construction) incurred by such institutions of higher education that 
were forced to close, relocate or significantly curtail their activities 
as a result of damage directly caused by such hurricanes: Provided 
further, That such payments shall be made in accordance with criteria 
established by the Secretary and made publicly available without regard 
to section 437 of the General Education Provisions Act, section 553 of 
title 5, United States Code, or part B of title VII of the HEA: Provided 
further, That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

                            RELATED AGENCIES

             Corporation for National and Community Service

       NATIONAL AND COMMUNITY SERVICE PROGRAMS, OPERATING EXPENSES

                      (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for the Corporation for National and 
Community Service (the ``Corporation'') for necessary expenses related 
to the consequences of Hurricane Katrina and other hurricanes of the 
2005 season, $10,000,000, to remain available until September 30, 2007: 
Provided, That the funds made available under this heading shall be 
available for the Civilian Community Corps authorized under subtitle E 
of title I of the National and Community Service Act of 1990 (the 
``Act'') (42 U.S.C. 12611 et seq.): Provided further, That the 
Corporation may transfer funds from the amount provided under the first 
proviso to the National Service Trust authorized under subtitle D of 
title I of the Act (42 U.S.C. 12601) upon determination that such 
transfer is necessary to support the activities of Civilian Community 
Corps participants and after notice is transmitted to Congress: 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. 2601. (a) In this section:
            (1) The term ``affected institution'' means an institution 
        of higher education that is--

[[Page 120 STAT. 465]]

                    (A) a part B institution, as such term is defined in 
                section 322 of the Higher Education Act of 1965 (20 
                U.S.C. 1061);
                    (B) located in an area affected by a Gulf hurricane 
                disaster; and
                    (C) able to demonstrate that the institution--
                          (i) incurred physical damage resulting from 
                      the impact of Hurricane Katrina or Rita;
                          (ii) has pursued collateral source 
                      compensation from insurance, the Federal Emergency 
                      Management Agency, or the Small Business 
                      Administration, as appropriate; and
                          (iii) has not been able to fully reopen in 
                      existing facilities or fully reopen to the levels 
                      that existed before the impact of such hurricane 
                      due to physical damage to the institution.
            (2) The terms ``area affected by a Gulf hurricane disaster'' 
        and ``Gulf hurricane disaster'' have the meanings given such 
        terms in section 209 of the Higher Education Hurricane Relief 
        Act of 2005 (Public Law 109-148, 119 Stat. 2809).

    (b) Notwithstanding any other provision of law (unless enacted with 
specific reference to this section), the Secretary of Education is 
authorized to waive or modify, as the Secretary determines is necessary, 
any statutory or regulatory provision related to historically Black 
college and university capital financing under part D of title III of 
the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.), in connection 
with a Gulf hurricane disaster, to ensure that--
            (1) the calculation of financing need under section 343 of 
        such Act (20 U.S.C. 1066b) for an affected institution is 
        modified to reflect any changes in the financial condition of 
        the institution as a result of the Gulf hurricane disaster; and
            (2) an affected institution that was not receiving 
        assistance under such part before the Gulf hurricane disaster is 
        eligible to apply for capital financing to assist in 
        institutional recovery from the Gulf hurricane disaster.

    (c)(1) Notwithstanding section 343(b)(1) or any other provision of 
title III of the Higher Education Act of 1965 (20 U.S.C. 1066b(b)(1), 
1051 et seq.), in carrying out section 343 of such Act, a designated 
bonding authority shall withhold not more than 1 percent for the cost of 
issuance from the proceeds of qualified bonds that are loaned to an 
affected institution.
    (2) Notwithstanding section 343(b)(3) or any other provision of 
title III of the Higher Education Act of 1965 (20 U.S.C. 1066b(b)(3), 
1051 et seq.), the Secretary shall pay any interest above 1 percent 
charged for a loan issued under part D of title III of such Act, after 
the date of enactment of this Act and with respect to an affected 
institution, such that the affected institution pays interest at a rate 
no higher than 1 percent.
    (3) Notwithstanding any other provision of title III of the Higher 
Education Act of 1965 (20 U.S.C. 1051 et seq.), the requirements of 
section 343(b)(8) and 343(c)(2) of such Act (20 U.S.C. 1066(b)(8)) shall 
not apply with respect to an affected institution receiving a loan under 
part D of title III of such Act (20 U.S.C. 1066 et seq.).
    (d) <<NOTE: Deferment period.>> Notwithstanding any provision of 
title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), 
or any regulation

[[Page 120 STAT. 466]]

promulgated under such title, the Secretary of Education shall grant a 
deferment, for a period of not more than 3 years, to an affected 
institution that has received a loan under part D of title III of such 
Act (20 U.S.C. 1066 et seq.). During the deferment period granted under 
this subsection, the affected institution shall not be required to pay 
any periodic installment of principal required under the loan agreement 
for such loan, and interest on such loan shall not accrue for the period 
of the deferment. During the deferment period, the Secretary shall make 
principal and interest payments otherwise due under the loan agreement. 
At the closing of the loan, terms shall be set under which the affected 
institution shall be required to repay the Secretary for the payments of 
principal made by the Secretary during the deferment, on a schedule that 
begins upon repayment to the lender in full on the loan agreement.
    (e)(1) <<NOTE: Termination date.>> Except as provided in paragraph 
(2), the authority provided under this section to enter into, or modify 
or waive the terms of, a loan agreement or insurance agreement under 
part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 
et seq.), or to grant a loan deferment under subsection (d), shall 
terminate 1 year after the date of enactment of this Act.

    (2) Any provision of a loan agreement or insurance agreement 
modified or waived by the authority under this section shall remain so 
modified or waived for the duration of the period covered by the loan 
agreement or insurance agreement.
    (f) The amount provided 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. 2602. <<NOTE: Deadline.>> Notwithstanding sections 107(f) and 
110 of title IV (commonly known as the ``Hurricane Education Recovery 
Act'') of division B of the Department of Defense, Emergency 
Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, 
and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat. 2680), 
the Secretary of Education may extend the period during which a State 
educational agency or local educational agency may obligate funds 
received under section 107 of that title to a date no later than 
September 30, 2006, except that such funds shall be used only for 
expenses incurred during the 2005-2006 school year, as required by 
section 107 of that title.

    Sec. 2603. Funds available to the Mississippi Institutes of Higher 
Learning under the heading ``Department of Education'' in Public Law 
109-148 may be used to support activities authorized by part B of title 
VII of the Higher Education Act of 1965, as determined necessary by the 
Mississippi Institutes of Higher Learning: Provided, That 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.

                           (Transfer of funds)

    Sec. 2604. Of the funds made available under the heading ``Disaster 
Relief'' under the heading ``Federal Emergency Management Agency'' in 
chapter 4 of this title, $38,000,000 is hereby transferred to the Social 
Security Administration for necessary expenses and direct or indirect 
losses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season:

[[Page 120 STAT. 467]]

Provided, That the amount transferred by 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 7

                          DEPARTMENT OF DEFENSE

                          MILITARY CONSTRUCTION

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $44,770,000, 
to remain available until September 30, 2010: Provided, That such funds 
may be obligated and expended to carry out planning and design and 
military construction projects not otherwise authorized by law: Provided 
further, That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
for necessary expenses related to the consequences of Hurricane Katrina 
and other hurricanes of the 2005 season, $97,300,000, to remain 
available until September 30, 2010: Provided, That such funds may be 
obligated and expended to carry out planning and design and military 
construction projects not otherwise authorized by law: Provided further, 
That the amount provided under this heading is designated as 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

                     (including rescission of funds)

    For an additional amount for ``Military Construction, Army National 
Guard'', for necessary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season, $330,071,000, to remain 
available until September 30, 2010: Provided, That such funds may be 
obligated and expended to carry out planning and design and military 
construction projects not otherwise authorized by law: Provided further, 
That of the amount provided under this heading in chapter 7 of title I 
of division B of Public Law 109-148 (119 Stat. 2770), $120,000,000 are 
rescinded: 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'', for necessary expenses related to the consequences

[[Page 120 STAT. 468]]

of Hurricane Katrina and other hurricanes of the 2005 season, 
$5,800,000, to remain available until September 30, 2010: Provided, That 
such funds may be obligated and expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That the amount provided under this heading is 
designated as 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, Navy Reserve

                     (INCLUDING RESCISSION OF FUNDS)

    For an additional amount for ``Military Construction, Navy 
Reserve'', for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $24,270,000, 
to remain available until September 30, 2010: Provided, That such funds 
may be obligated and expended to carry out planning and design and 
military construction projects not otherwise authorized by law: Provided 
further, That the amount provided under the heading ``Military 
Construction, Naval Reserve'' in chapter 7 of title I of division B of 
Public Law 109-148 (119 Stat. 2771) shall remain available until 
September 30, 2010, except that, of such amount $49,530,000 are 
rescinded: 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.

                     DEPARTMENT OF VETERANS AFFAIRS

                       Departmental Administration

                      Construction, Major Projects

    For an additional amount for ``Construction, Major Projects'', for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $585,919,000, to remain available 
until expended: Provided, That $35,919,000 shall be available for 
environmental cleanup and removal of debris from the Department of 
Veterans Affairs land in Gulfport, Mississippi, and for any authorized 
purpose under this heading: 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.

                             RELATED AGENCY

                      Armed Forces Retirement Home

                           Major Construction

    For an additional amount for ``Major Construction'', for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $176,000,000, to remain available until 
expended: Provided, That, notwithstanding any other provision of law, 
such funds shall be obligated and expended for the planning and design 
and construction of a new Armed Forces

[[Page 120 STAT. 469]]

Retirement Home in Gulfport, Mississippi: 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. 2701. The limitation of Federal contribution established under 
section 18236(b) of title 10 is hereby waived for projects appropriated 
in this chapter.

              (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

    Sec. 2702. (a) Of the amounts made available in chapter 7 of title I 
of division B of Public Law 109-148, Department of Veterans Affairs, 
``Medical Services'', $198,265,000 are hereby rescinded.
    (b) For an additional amount for Department of Veterans Affairs, 
``Medical Services'', $198,265,000, to remain available until September 
30, 2007, for necessary expenses related to the consequences of Hurrican 
Katrina and other hurricanes of the 2005 season.
    (c) The funds made available in subsection (b) may be transferred to 
the Department of Veterans Affairs, ``Medical Services'', ``Medical 
Administration'', ``Medical Facilities'', ``Construction, Minor 
Projects'', and ``Information Technology Systems'' accounts as required.
    (d) <<NOTE: Deadline. Notification.>> Not less than 15 days prior to 
making any such transfer as authorized under subsection (c), the 
Department shall notify the Committees on Appropriations of both Houses 
of Congress.

    (e) 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. 2703. <<NOTE: Deadline. Mississippi.>> Notwithstanding any 
other provision of law, within six months of enactment of this Act, the 
Secretary of Veterans Affairs is authorized and directed to clean up and 
transfer all land parcels of the Department's land in Gulfport, 
Mississippi, to the city of Gulfport, Mississippi.

                           (TRANSFER OF FUNDS)

    Sec. 2704. The following unobligated balances shall be transferred 
to the Armed Forces Retirement Home ``Major Construction'' account, to 
remain available until expended, for the planning and design and 
construction of a new Armed Forces Retirement Home in Gulfport, 
Mississippi, from amounts appropriated under the heading ``Armed Forces 
Retirement Home'' in chapter 7 of division B of Public Law 109-148 (119 
Stat. 2769), $45,000,000 provided for Armed Forces Retirement Home-
Gulfport; and unobligated balances of funds provided in fiscal years 
1998 through 2004 for construction and renovation of the physical plants 
at the United States Naval Home/Armed Forces Retirement Home-Gulfport: 
Provided, That the General Services Administration, in consultation with 
the Naval Facilities Engineering Command and the management of the Armed 
Forces Retirement Home, shall be the agent for all matters with regard 
to the planning, design, construction, and contract administration 
related to the construction of the new

[[Page 120 STAT. 470]]

Armed Forces Retirement Home in Gulfport, Mississippi: Provided further, 
That the amounts provided or otherwise 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.

                                CHAPTER 8

                          DEPARTMENT OF JUSTICE

                            Legal Activities

             Salaries and Expenses, General Legal Activities

    For an additional amount for ``Salaries and Expenses, General Legal 
Activities'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $2,000,000, 
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.

             Salaries and Expenses, United States Attorneys

    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $6,500,000, 
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 COMMERCE

             National Oceanic and Atmospheric Administration

                  Operations, Research, and Facilities

    For an additional amount for ``Operations, Research, and 
Facilities'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $118,000,000, 
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.

                Procurement, Acquisition and Construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $32,000,000, 
to remain available until expended: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 471]]

                                 SCIENCE

              National Aeronautics and Space Administration

                        Exploration Capabilities

    For an additional amount for ``Exploration Capabilities'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $35,000,000 shall be for the 
Stennis Space Center and Michoud Assembly Facility, 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.

                            RELATED AGENCIES

                      Small Business Administration

                     Disaster Loans Program Account

                      (Including Transfer of Funds)

    For an additional amount for the ``Disaster Loans Program Account'' 
for the cost of direct loans authorized by section 7(b) of the Small 
Business Act, $542,000,000, 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: Provided further, That up to $190,000,000 may be transferred to 
and merged with ``Salaries and Expenses'' for administrative expenses to 
carry out the disaster loan program: Provided further, That none of the 
funds provided under this heading may be used for indirect 
administrative expenses: 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 9

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration

                          FEDERAL-AID HIGHWAYS

                        EMERGENCY RELIEF PROGRAM

    For an additional amount for ``Emergency Relief Program'' as 
authorized under 23 U.S.C. 125, $702,362,500, to remain available until 
expended, for expenses identified under ``Formal Requests'' in the 
Federal Highway Administration table entitled ``Emergency Relief Program 
Fund Requests--updated 06/06/06'' with the exception of such expenses 
addressed in other provisions of this Act making amendments to Public 
Law 109-148 and expenses otherwise funded in other Appropriations Acts: 
Provided, 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 Hurricane 
Dennis

[[Page 120 STAT. 472]]

and 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 eligible projects cited in the first sentence 
of this paragraph may be used for other projects authorized under 23 
U.S.C. 125: 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.

                          (highway trust fund)

                              (rescission)

    Of the unobligated balances of funds apportioned to each State under 
chapter 1 of title 23, United States Code, $702,362,500 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.

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       COMMUNITY DEVELOPMENT FUND

                      (including transfer of funds)

    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 Katrina, Rita, or Wilma 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.), $5,200,000,000, to remain available until 
expended, for activities authorized under title I of the Housing and 
Community Development Act of 1974 (Public Law 93-383): Provided, That 
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 not less 
than $1,000,000,000 from funds made available on a pro-rata basis 
according to the allocation made to each State under this heading shall 
be used for repair, rehabilitation, and reconstruction (including 
demolition, site clearance and remediation) of the affordable rental 
housing stock (including public and other HUD-assisted housing) in the 
impacted areas: Provided further, That no State shall receive more than 
$4,200,000,000: Provided further, That in administering the funds under 
this heading, the Secretary of Housing and Urban Development may waive, 
or specify

[[Page 120 STAT. 473]]

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: 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, <<NOTE: Federal 
Register, publication. Deadline.>> 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 prior 
to the obligation of funds to each State, the Secretary shall ensure 
that such plan gives priority to infrastructure development and 
rehabilitation and the rehabilitation and reconstruction of the 
affordable rental housing stock including public and other HUD-assisted 
housing: Provided further, That each <<NOTE: Reports. Contracts.>> State 
will report quarterly to the Committees on Appropriations on all awards 
and uses of funds made available under this heading, including 
specifically identifying all awards of sole-source contracts and the 
rationale for making the award on a sole-source basis: Provided 
further, <<NOTE: Notification. Deadline.>> That the Secretary shall 
notify the Committees on Appropriations on any proposed allocation of 
any funds and any related waivers made pursuant to these provisions 
under this heading no later than 5 days before such waiver is made: 
Provided further, <<NOTE: Procedures. Reports. Fraud.>> 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 of the amounts made 
available under this heading, $12,000,000 shall be transferred to 
``Management and Administration, Salaries and Expenses'', of which 
$7,000,000 is for the administrative costs, including IT costs, of the 
KDHAP/DVP voucher program; $9,000,000 shall be transferred to the Office 
of Inspector General; and $6,000,000 shall be transferred to HUD's 
Working Capital Fund: Provided further, That none of the funds provided 
under this heading may be used by a State or locality as a matching 
requirement, share, or contribution for any other Federal program: 
Provided further, That the amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

[[Page 120 STAT. 474]]

                           INDEPENDENT AGENCY

                     General Services Administration

                         FEDERAL BUILDINGS FUND

    For an additional amount for the ``Federal Buildings Fund'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $37,000,000, from the General Fund 
and to remain available until expended: Provided, That notwithstanding 
40 U.S.C. 3307, the Administrator of General Services is authorized to 
proceed with repairs and alterations for affected buildings: 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--EMERGENCY <<NOTE: Emergency Agricultural Disaster Assistance 
Act of 2006.>> AGRICULTURAL DISASTER ASSISTANCE

SEC. 3001. <<NOTE: 16 USC 3801 note.>> SHORT TITLE.

    This title may be cited as the ``Emergency Agricultural Disaster 
Assistance Act of 2006''.

SEC. 3002. DEFINITIONS.

    In this title:
            (1) Hurricane-affected county.--The term ``hurricane-
        affected county'' means--
                    (A) a county included in the geographic area covered 
                by a natural disaster declaration related to Hurricane 
                Katrina, Hurricane Ophelia, Hurricane Rita, Hurricane 
                Wilma, or a related condition; and
                    (B) each county contiguous to a county described in 
                subparagraph (A).
            (2) Natural disaster declaration.--The term ``natural 
        disaster declaration'' means--
                    (A) a natural disaster declared by the Secretary--
                          (i) during calendar year 2005 under section 
                      321(a) of the Consolidated Farm and Rural 
                      Development Act (7 U.S.C. 1961(a)); or
                          (ii) during calendar year 2006 under that 
                      section, but for which a request was pending as of 
                      December 31, 2005; or
                    (B) a major disaster or emergency designated by the 
                President--
                          (i) during calendar year 2005 under the Robert 
                      T. Stafford Disaster Relief and Emergency 
                      Assistance Act (42 U.S.C. 5121 et seq.); or
                          (ii) during calendar year 2006 under that Act, 
                      but for which a request was pending as of December 
                      31, 2005.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

[[Page 120 STAT. 475]]

                Subtitle A--Crop and Livestock Assistance

SEC. 3011. SUGAR AND SUGARCANE DISASTER ASSISTANCE.

    (a) Florida.--The Secretary of Agriculture shall use $40,000,000 of 
funds of the Commodity Credit Corporation to make payments to processors 
in Florida that are eligible to obtain a loan under section 156(a) of 
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
7272(a)) to compensate first processors and producers for crop and other 
losses in hurricane-affected counties that are related to hurricanes, 
tropical storms, excessive rains, floods, and wind in Florida during 
calendar year 2005, by an agreement on the same terms and conditions, to 
the maximum extent practicable, as the payments made under section 102 
of the Emergency Supplemental Appropriations for Hurricane Disasters 
Assistance Act of 2005 (Public Law 108-324; 118 Stat. 1235), including 
that the 2005 base production of each harvesting unit shall be 
determined using the same base year crop production history that was 
used pursuant to the agreement under that section.
    (b) Louisiana.--
            (1) Compensation for losses.--The Secretary shall use 
        $40,000,000 of the funds of the Commodity Credit Corporation to 
        make assistance available to first processors of sugarcane that 
        operate in a hurricane-affected county, or obtain sugarcane from 
        a hurricane-affected county, and that are eligible to obtain a 
        loan under section 156(a) of the Federal Agriculture Improvement 
        and Reform Act of 1996 (7 U.S.C. 7272(a)), in the form of 
        monetary payments or commodities in the inventory of the 
        Commodity Credit Corporation derived from carrying out that 
        section, to compensate producers and first processors for crop 
        and other losses due to Hurricane Katrina, Hurricane Rita, or 
        related conditions.
            (2) Administration.--Assistance under this subsection shall 
        be--
                    (A) shared by an affected first processor with 
                affected producers that provide commodities to the 
                processor in a manner that reflects contracts entered 
                into between the processor and the producers, except 
                with respect to a portion of the amount of total 
                assistance provided under paragraph (1) necessary to 
                compensate affected producers for individual losses 
                experienced by the producers, including losses due to 
                saltwater intrusion, flooding, wind damage, or increased 
                planting, replanting, or harvesting costs, which shall 
                be transferred by the first processor to the affected 
                producers without regard to contractual share 
                arrangements; and
                    (B) made available under such terms and conditions 
                as the Secretary determines are necessary to carry out 
                this subsection.
            (3) Form of assistance.--In carrying out this subsection, 
        the Secretary shall--
                    (A) convey to the first processor commodities in the 
                inventory of the Commodity Credit Corporation derived 
                from carrying out section 156(a) of the Federal 
                Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
                7272(a));
                    (B) make monetary payments to the first processor; 
                or

[[Page 120 STAT. 476]]

                    (C) take any combination of actions described in 
                paragraphs (1) and (2), using commodities or monetary 
                payments.
            (4) Loss determination.--In carrying out this subsection, 
        the Secretary shall use the same base year to determine crop 
        loss that was elected by a producer to determine crop loss in 
        carrying out the hurricane assistance program under section 207 
        of the Agricultural Assistance Act of 2003 (Public Law 108-7; 
        117 Stat. 543).
            (5) Limitation.--The Secretary shall provide assistance 
        under this subsection only in a State described in section 
        359f(c)(1)(A) of the Agricultural Adjustment Act of 1938 (7 
        U.S.C. 1359ff(c)(1)(A)).

    (c) Texas.--The Secretary shall use $400,000 of funds of the 
Commodity Credit Corporation to assist sugarcane growers in Texas by 
making a payment in that amount to a farmer-owned cooperative sugarcane 
processor in that State, for costs of demurrage, storage, and 
transportation resulting from hurricanes, excessive rains, floods, wind, 
and other related conditions during calendar year 2005.

SEC. 3012. LIVESTOCK ASSISTANCE.

    (a) Livestock Compensation Program.--
            (1) Use of <<NOTE: Effective date.>> commodity credit 
        corporation funds.--Effective beginning on the date of enactment 
        of this Act, the Secretary shall use $95,000,000 of funds of the 
        Commodity Credit Corporation to provide assistance under the 
        same terms and conditions as assistance provided under section 
        203 of the Agricultural Assistance Act of 2003 (Public Law 108-
        7; 117 Stat. 539).
            (2) Eligible applicants.--Subject to subsection (d), in 
        providing assistance under paragraph (1), the Secretary shall 
        provide assistance to any applicant that--
                    (A) produces poultry, swine, sheep, beef, equine, 
                buffalo, beefalo, dairy, goats, or an animal described 
                in section 10806(a)(1) of the Farm Security and Rural 
                Investment Act of 2002 (21 U.S.C. 321d(a)(1));
                    (B) conducts an agricultural operation that is 
                physically located in a hurricane-affected county; and
                    (C) meets all other eligibility requirements 
                established by the Secretary.

    (b) Livestock Indemnity Program.--
            (1) In general.--Effective <<NOTE: Effective 
        date.>> beginning on the date of enactment of this Act, the 
        Secretary shall use $30,000,000 of funds of the Commodity Credit 
        Corporation to carry out a program under the same terms and 
        conditions as the Livestock Indemnity Program authorized under 
        title III of Public Law 105-18 (111 Stat. 170).
            (2) Eligible applicants.--Subject to subsection (d), in 
        carrying out the Program, the Secretary shall provide assistance 
        to any applicant that--
                    (A) produces poultry, swine, sheep, eggs, beef, 
                equine, buffalo, beefalo, dairy, goats, crawfish, or an 
                animal described in section 10806(a)(1) of the Farm 
                Security and Rural Investment Act of 2002 (21 U.S.C. 
                321d(a)(1));
                    (B) conducts an agricultural operation that is 
                physically located in a hurricane-affected county; and

[[Page 120 STAT. 477]]

                    (C) meets all other eligibility requirements 
                established by the Secretary for the Program.

    (c) Livestock Indemnity Program for Contract Growers.--
            (1) In general.--Subject to subsection (d), the Secretary 
        shall use funds of the Commodity Credit Corporation to establish 
        a program to assist poultry and egg producers in hurricane-
        affected counties that suffered income losses.
            (2) Terms and conditions.--The program established under 
        paragraph (1) shall contain similar terms and conditions as the 
        terms and conditions used for the livestock indemnity program 
        for contract growers described in subpart E of chapter XIV of 
        title 7, Code of Federal Regulations (as in effect on January 1, 
        2002).

    (d) Limit on Amount of Assistance.--The Secretary shall ensure, to 
the maximum extent practicable, that no producer on a farm receives 
duplicative payments under this section and any other Federal program 
for the same loss.

SEC. 3013. SPECIALTY CROPS AND NURSERY CROPS.

    (a) In General.--The Secretary shall use $95,000,000 of funds of the 
Commodity Credit Corporation to provide assistance to producers of 
specialty crops and nursery crops in hurricane-affected counties.
    (b) Administration.--
            (1) In general.--Assistance required by subsection (a) shall 
        be carried out by the Secretary under the same terms and 
        conditions as the special disaster relief programs carried out 
        for producers that suffered from crop damage and tree losses, 
        and carried out related cleanup, in certain areas of Florida due 
        to Hurricanes Charley, Frances, and Jeanne during August and 
        September 2004, as described in the notice of program 
        implementation relating to Florida citrus, fruit, vegetable, and 
        nursery crop disaster programs (69 Fed. Reg. 63134 (October 29, 
        2004)), with vegetable losses treated as citrus losses for 
        purposes of that program.
            (2) Loss of records.--Due to the complete destruction of the 
        business records of many producers, the Secretary shall use the 
        best available information in determining eligibility, 
        determining losses, and calculating payment amounts under this 
        section.

    (c) Limit on Amount of Assistance.--The Secretary shall ensure, to 
the maximum extent practicable, that no producer on a farm receives 
duplicative payments under this section and any other Federal program 
for the same loss.

SEC. 3014. DAIRY ASSISTANCE.

    The Secretary shall use $17,000,000 of the funds of the Commodity 
Credit Corporation to make payments to dairy producers for dairy 
production losses and dairy spoilage losses in hurricane-affected 
counties.

SEC. 3015. COTTONSEED.

    (a) In General.--The Secretary shall use $15,000,000 of the funds of 
the Commodity Credit Corporation to provide assistance to producers and 
first-handlers of the 2005 crop of cottonseed in hurricane-affected 
counties.
    (b) Distribution of Funds.--The Secretary shall provide disaster 
assistance under subsection (a) under the same terms and

[[Page 120 STAT. 478]]

conditions as assistance provided under section 206 of the Agricultural 
Assistance Act of 2003 (Public Law 108-7; 117 Stat. 543), except that 
assistance shall be--
            (1) distributed to producers and first handlers of 
        cottonseed; and
            (2) based on cottonseed production during the most recent 
        year for which a disaster payment specifically for cottonseed 
        was not authorized.

                          Subtitle B--Forestry

SEC. 3021. TREE ASSISTANCE PROGRAM.

    (a) Definition of Tree.--In this section, the term ``tree'' includes 
a tree (including a Christmas tree, ornamental tree, nursery tree, and 
potted tree), bush (including a shrub), and vine.
    (b) Program.--Except as otherwise provided in this section, the 
Secretary shall use such sums of funds of the Commodity Credit 
Corporation to provide assistance under the tree assistance program 
established under sections 10201 through 10203 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to--
            (1) producers who suffered tree losses in hurricane-affected 
        counties; and
            (2) fruit and tree nut producers in hurricane-affected 
        counties for site preparation, replacement, rehabilitation, and 
        pruning.

    (c) Costs.--Funds made available under this section shall also be 
made available to cover costs associated with tree pruning, tree 
rehabilitation, and other appropriate tree-related activities as 
determined by the Secretary.
    (d) Limit on Amount of Assistance.--The Secretary shall ensure, to 
the maximum extent practicable, that no producer on a farm receives 
duplicative payments under this section and any other Federal program 
for the same loss.

SEC. 3022. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.

    Section 1231(k)(3)(G) of the Food Security Act of 1985 (16 U.S.C. 
3831(k)(3)(G)) is amended by striking ``$404,100,000'' and inserting 
``$504,100,000''.
    Sec. 3023. When evaluating an offer to enroll private nonindustrial 
forest land into the emergency forestry conservation reserve program, as 
authorized by section 1231(k) of the Food Security Act of 1985 (16 
U.S.C. 3831(k)), the Secretary of Agriculture shall accord equal weight 
to, and not distinguish between, private nonindustrial forest lands 
comprised of softwood or hardwood trees for the purpose of determining 
whether the private nonindustrial forest land of the landowner satisfies 
criteria used to evaluate the offer, including, but not limited to, soil 
erosion prevention, water quality improvement, wildlife habitat 
restoration, and mitigation of economic loss.

[[Page 120 STAT. 479]]

                        Subtitle C--Miscellaneous

SEC. 3031. ADMINISTRATIVE COSTS.

    The Secretary may use not more than $9,600,000 of funds of the 
Commodity Credit Corporation to cover administrative costs incurred by 
the Farm Service Agency directly related to carrying out this title.

SEC. 3032. AQUACULTURE PRODUCER GRANTS.

    Grants to assist aquaculture producers announced by the Secretary on 
May 10, 2006 (71 Fed. Reg. 27188; relating to 2005 section 32 hurricane 
disaster programs) shall be provided for industry recovery in a manner 
consistent with the announcement or under the same terms and conditions 
as assistance provided under section 203(a)(2)(B) of the Agricultural 
Assistance Act of 2003 (Public Law 108-7; 117 Stat. 540).

SEC. 3033. EMERGENCY DESIGNATION.

    Amounts made available by the transfer of funds in or pursuant to 
this title 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. 3034. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this title.
    (b) Procedure.--The promulgation of the regulations and 
administration of this title shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) 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
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').

    (c) Congressional Review of Agency Rulemaking.--In carrying out this 
section, the Secretary shall use the authority provided under section 
808 of title 5, United States Code.

                                TITLE IV

                              PANDEMIC FLU

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Office of the Secretary

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                      (including transfer of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' to prepare for and respond to an influenza pandemic, 
including international activities and activities in foreign countries, 
preparedness planning, enhancing the pandemic influenza regulatory 
science base, accelerating pandemic influenza

[[Page 120 STAT. 480]]

disease surveillance, developing registries to monitor influenza vaccine 
distribution and use, supporting pandemic influenza research, clinical 
trials and clinical trials infrastructure, and the development and 
purchase of vaccines, antivirals, and necessary medical supplies, 
$2,300,000,000, to remain available until expended: Provided, That 
$30,000,000 shall be transferred to and merged with funds appropriated 
under the heading ``Child Survival and Health Programs Fund'' in chapter 
3 of title II of division B, of Public Law 109-148 for activities 
related to international surveillance, planning, preparedness, and 
response to the avian influenza virus: Provided further, That 
$250,000,000 shall be for upgrading State and local capacity, and at 
least $200,000,000 shall be for the Centers for Disease Control and 
Prevention to carry out global and domestic disease surveillance, 
laboratory capacity and research, laboratory diagnostics, risk 
communication, rapid response and quarantine: 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.

                                 TITLE V

                             BORDER SECURITY

                                CHAPTER 1

                          DEPARTMENT OF DEFENSE

                        OPERATION AND MAINTENANCE

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $708,000,000 for emergency National Guard support to the 
Department of Homeland Security, including operating surveillance 
systems, analyzing intelligence, installing fences and vehicle barriers, 
building patrol roads, and providing training, to remain available until 
September 30, 2007: Provided, That the Secretary of Defense may transfer 
these funds to appropriations

[[Page 120 STAT. 481]]

for military personnel, operation and maintenance, and procurement to be 
available for the same purposes 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 so transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be transferred back to 
this appropriation, to be merged with and made available for the same 
purposes and for the time period provided under 
this <<NOTE: Deadline. Notification.>> heading: Provided further, That 
the Secretary of Defense shall, not more than five days after making 
transfers from this appropriation, notify the congressional defense 
committees in writing of any such transfer.

                                CHAPTER 2

                     DEPARTMENT OF HOMELAND SECURITY

                      Customs and Border Protection

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$410,000,000, to remain available until September 30, 2007: Provided, 
That the entire amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

  AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

    For an additional amount for ``Air and Marine Interdiction, 
Operations, Maintenance, and Procurement'', $95,000,000, 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.

                              CONSTRUCTION

    For an additional amount for ``Construction'', $300,000,000, 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.

                   Immigration and Customs Enforcement

                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'', 
$327,000,000, to remain available until September 30, 2007: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 2006.

[[Page 120 STAT. 482]]

                              Preparedness

                    Office for Domestic Preparedness

                        STATE AND LOCAL PROGRAMS

    For an additional amount for ``State and Local Programs'', for 
discretionary grants as determined by the Secretary, $15,000,000, 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.

                 Federal Law Enforcement Training Center

      acquisition, construction, improvements, and related expenses

    For an additional amount for ``Acquisition, Construction, 
Improvements, and Related Expenses'', $25,000,000, 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.

                                CHAPTER 3

                          DEPARTMENT OF JUSTICE

                         General Administration

                    Administrative Review and Appeals

    For an additional amount for ``Administrative Review and Appeals'', 
$9,000,000, 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.

                            Legal Activities

             Salaries and Expenses, General Legal Activities

    For an additional amount for ``Salaries and Expenses, General Legal 
Activities'', $9,000,000, 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.

             Salaries and Expenses, United States Attorneys

    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'', $2,000,000, to remain available until September 30, 2007: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

[[Page 120 STAT. 483]]

                                TITLE VI

                           LEGISLATIVE BRANCH

                        ARCHITECT OF THE CAPITOL

                           Capitol Power Plant

    For an additional amount for ``Capitol Power Plant'', $27,600,000, 
to remain available until September 30, 2011: Provided, That the amount 
provided under this heading is designated as 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 VII

              GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

                          availability of funds

    Sec. 7001. 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. 7002. Funds appropriated in this Act, or made available by the 
transfer of funds in or pursuant to 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).
    Sec. 7003. Section 8044 of Public Law 109-148 (119 Stat. 2708) is 
amended as follows: After ``Defense,'' and before ``acting'' insert, 
``notwithstanding any other provision of law,''.
    Sec. 7004. (a) Of the unobligated balances made available pursuant 
to section 504 of Public Law 108-334, $20,000,000 are rescinded.
    (b) For an additional amount for ``United States Secret Service, 
Salaries and Expenses'', $20,000,000, to remain available until 
September 30, 2007.
    Sec. 7005. (a) Of the funds available for ``Screening Coordination 
and Operations'', $3,960,000 are rescinded.
    (b) For an additional amount for the ``Office of the Secretary and 
Executive Management'', $3,960,000.
    Sec. 7006. Public Law 109-90 is amended by striking section 
528. <<NOTE: 119 Stat 2086.>> 

    Sec. 7007. Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
``June 30, 2006'' and inserting ``September 30, 2007''.
    Sec. 7008. For an additional amount for ``Department of Labor, Mine 
Safety and Health Administration, Salaries and Expenses'', $25,600,000 
for the enforcement of mine safety law with respect to coal mines, 
including the training and equipping of inspectors: 
Provided, <<NOTE: Reports. Deadline.>> That progress reports on hiring 
shall be submitted to the House and Senate Committees on Appropriations 
and the Committee on Health, Education, Labor and Pensions of the Senate 
and the Committee on Education and the Workforce of the House on a 
quarterly basis, with the first report due July 15, 2006: Provided 
further, That the amount provided under this heading shall remain 
available until September 30, 2007: Provided further,

[[Page 120 STAT. 484]]

That the amount provided under this heading is designated as 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. 7009. Unexpended balances for Health Resources and Services 
Administration grant number 7C6HF03601-01-00, appropriated in Public Law 
106-554, shall remain available until September 30, 2009.
    Sec. 7010. For an additional amount for ``Department of Health and 
Human Services, Centers for Disease Control and Prevention, Disease 
Control, Research and Training'', to carry out section 501 of the 
Federal Mine Safety and Health Act of 1977, $10,000,000 for research to 
develop mine safety technology: 
Provided, <<NOTE: Reports. Deadline.>> That progress reports on 
technology development shall be submitted to the House and Senate 
Committees on Appropriations and the Committee on Health, Education, 
Labor and Pensions of the Senate and the Committee on Education and the 
Workforce of the House on a quarterly basis, with the first report due 
July 15, 2006: Provided further, That the amount provided under this 
heading shall remain available until September 30, 2007: 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.

    Sec. 7011. Public Law 109-149 (119 Stat. 2876) under the heading 
``Railroad Retirement Board, Dual Benefits Payments Account'' is amended 
by striking ``to the amount by which the product of recipients and the 
average benefit received exceeds $97,000,000'' and inserting ``to the 
amount by which the product of recipients and the average benefit 
received exceeds the amount available for payment of vested dual 
benefits'' in lieu thereof.
    Sec. 7012. Section 224 of Public Law 109-149 (119 Stat. 2862) is 
amended by striking ``June'' and inserting ``December'' in lieu thereof.
    Sec. 7013. None of the funds appropriated in Public Law 109-149 or 
prior Acts under the heading ``Employment and Training Administration'' 
that are available for expenditure on or after the date of enactment of 
this section shall be used by a recipient or subrecipient of such funds 
to pay the salary and bonuses of an individual, either as direct costs 
or indirect costs, at a rate in excess of Executive Level II, except as 
provided for under section 101 of Public Law 109-149. This limitation 
shall not apply to vendors providing goods and services as defined in 
OMB Circular A-133. Where States are recipients of such funds, States 
may establish a lower limit for salaries and bonuses of those receiving 
salaries and bonuses from subrecipients of such funds, taking into 
account factors including the relative cost-of-living in the State, the 
compensation levels for comparable State or local government employees, 
and the size of the organizations that administer Federal programs 
involved including Employment and Training Administration programs.
    Sec. 7014. <<NOTE: Awards. 42 USC 12601 note.>> Any national service 
educational award described in subtitle D of title I of the National and 
Community Service Act of 1990 (42 U.S.C. 12601 et seq.), made with funds 
appropriated to, funds transferred to, or interest accumulated in the 
National Service Trust, shall hereafter be known as a ``Segal AmeriCorps 
Education Award''.

[[Page 120 STAT. 485]]

    Sec. 7015. (a) Repeal of Single Holder Rule.--Section 428C(b)(1)(A) 
of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)(A)) is 
amended by striking ``and (i)'' and all that follows through ``so 
selected for consolidation)''.
    (b) Effective Date.--The <<NOTE: 20 USC 1078-3 note.>> amendment 
made by subsection (a) shall apply with respect to any loan made under 
section 428C of the Higher Education Act of 1965 (20 U.S.C. 1078-3) for 
which the application is received by an eligible lender on or after the 
date of enactment of this Act.

    (c) Consolidation Into Direct Lending.--Section 428C(b)(5) of the 
Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(5)) is amended by 
striking ``Direct loans.--'' and all that follows through ``Such direct 
consolidation loan'' and inserting the following: ``Direct loans.--In 
the event that a borrower is unable to obtain a consolidation loan from 
a lender with an agreement under subsection (a)(1), or is unable to 
obtain a consolidation loan with income-sensitive repayment terms 
acceptable to the borrower from such a lender, the Secretary shall offer 
any such borrower who applies for it, a Federal Direct Consolidation 
loan. Such direct consolidation loan''.
    (d) Repeal.--Section 8009(a) of the Higher Education Reconciliation 
Act of 2005 (Public Law 109-171, 120 Stat. 164) <<NOTE: 20 USC 1078-
3.>> is amended by striking paragraph (2).

    Sec. 7016. Section 2401 of the Military Construction Authorization 
Act for Fiscal Year 2006 (Public Law 109-163) <<NOTE: 119 Stat. 
3496.>> is amended by striking after ``Augusta'', ``$61,466,000'' and 
inserting in lieu thereof ``$340,854,000''. This project may be 
incrementally funded. Funds appropriated in Public Law 109-114 for this 
project shall be available to fund the first increment.

    Sec. 7017. Section 2401 of the Military Construction Authorization 
Act for Fiscal Year 2006 (Public Law 109-163) is amended by striking 
after ``Kunia'', ``$305,000,000'' and inserting in lieu thereof 
``$350,490,000''. The project may be incrementally funded. Funds 
appropriated in Public Laws 108-7, 108-87, and 109-114 for this project 
shall be available to fund the first increment.
    Sec. 7018. Section 2403(b) of the Military Construction 
Authorization Act for Fiscal Year 2006 (division B of Public Law 109-
163) is <<NOTE: 119 Stat. 3500.>> amended in paragraph (2) by striking 
``$12,500,000'' and inserting ``$291,888,000'', and in paragraph (3) by 
striking ``$256,034,000'' and inserting ``$301,524,000''.

    Sec. 7019. Section 2846 of the Military Construction Authorization 
Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 
1320), as amended by section 2865 of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 118 Stat. 2149) is further amended by striking ``840 acres'' and 
inserting ``1,540 acres''.
    Sec. 7020. Of the amount made available by the Department of Justice 
Appropriations Act, 2006 under the heading ``Community Oriented Policing 
Services'' (Public Law 109-108, 199 Stat. 2302), for Paul Coverdell 
Forensic Sciences Improvement Grants under part BB of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797 et 
seq.), $1,500,000 shall be available to the Attorney General, without 
regard to such part BB, for the study on forensic science described in 
House Report 109-272 to accompany Public Law 109-108.

[[Page 120 STAT. 486]]

    Sec. 7021. The referenced statement of the managers in House Report 
109-272, Making Appropriations for Science, the Departments of State, 
Justice, and Commerce, and Related Agencies for the Fiscal Year Ending 
September 30, 2006, and for other purposes, under this heading is deemed 
to be amended with respect to amounts made available under the heading 
``Science, Aeronautics and Exploration'' for the Mitchell Institute by 
striking ``educational purposes'' and inserting ``the science and 
engineering education endowment''.
    Sec. 7022. Section 613 of the Science, State, Justice, Commerce, and 
Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 
2336) is amended--
            (1) by inserting after ``$500,000 shall be available for the 
        Iowa Department of Economic Development for the Entrepreneurial 
        Venture Assistance Project'' the following: ``(including the 
        ability to make subgrants or loans for such project)''; and
            (2) by striking ``Clark County Department of Aviation, Las 
        Vegas,'' and inserting ``University of Nevada Las Vegas,''.

    Sec. 7023. Under the heading ``Department of Transportation, Federal 
Highway Administration, Emergency Relief Program'' in Public Law 109-148 
(119 Stat. 2778), strike ``$629,000,000'' and insert ``$803,000,000''.
    Sec. 7024. Notwithstanding 49 U.S.C. 5336, any funds remaining 
available under Federal Transit Administration grant numbers NY-03-345-
00, NY-03-0325-00, NY-03-0405, NY-90-X398-00, NY-90-X373-00, NY-90-X418-
00, NY-90-X465-00 together with an amount not to exceed $19,200,000 in 
urbanized area formula funds that were allocated by the New York 
Metropolitan Transportation Council to the New York City Department of 
Transportation as a designated recipient under 49 U.S.C. 5307 may be 
made available to the New York Metropolitan Transportation Authority for 
eligible capital projects authorized under 49 U.S.C. 5307 and 5309.
    Sec. 7025. For recipients of assistance under chapter 53 of title 
49, United States Code, directly affected by Hurricane Katrina, the 
Secretary may waive the Federal matching share requirements for Federal 
transit assistance programs under such chapter, including the Federal 
matching share requirements contained in existing Federal assistance 
grant agreements: Provided, That the Secretary may allow such recipients 
to use such assistance for operating assistance, notwithstanding the 
terms and conditions contained in existing Federal 
assistance <<NOTE: Expiration date.>> grant agreements: Provided 
further, That the authority of the Secretary hereunder shall expire two 
years after the date of enactment of this section, unless determined 
otherwise by the Secretary for a compelling need.

    Sec. 7026. The first sentence under the heading ``Department of the 
Treasury, Departmental Offices, Salaries and Expenses'' in title II of 
division A of Public Law 109-115 (119 Stat. 2432) is amended by 
inserting after ``travel expenses'' the words ``(except for travel 
performed by officials in the Office of Terrorism and Financial 
Intelligence and the Office of International Affairs)''.
    Sec. 7027. (a) Funds appropriated for intelligence activities, or 
made available by the transfer of funds, by this Act, by Public Law 109-
108 for the Department of Justice, or by Public Law 109-115 for the 
Department of the Treasury, are deemed to be specifically authorized by 
the Congress for purposes of section 504 of the National Security Act of 
1947, as amended, (50 U.S.C. 414)

[[Page 120 STAT. 487]]

during fiscal year 2006 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2006.
    (b) <<NOTE: Effective date.>> Subsection (a) shall be effective:
            (1) with respect to funds appropriated, or made available by 
        the transfer of funds, by this Act, upon the enactment of this 
        Act;
            (2) with respect to funds appropriated, or made available by 
        the transfer of funds, by Public Law 109-108 for the Department 
        of Justice, as if enacted on the date of enactment of Public Law 
        109-108; and
            (3) with respect to funds appropriated, or made available by 
        the transfer of funds, by Public Law 109-115 for the Department 
        of the Treasury, as if enacted on the date of enactment of 
        Public Law 109-115.

    Sec. 7028. (a) The matter under the heading ``Tenant-Based Rental 
Assistance'' in chapter 9 of title I of division B of Public Law 109-
148 <<NOTE: 119 Stat. 2779.>> is amended--
            (1) in the first proviso, by striking ``or the Stewart B. 
        McKinney Homeless Assistance Act (Public Law 100-77)'' and 
        inserting ``the McKinney-Vento Homeless Assistance Act, section 
        221(d)(3), 221(d)(5), or 236 of the National Housing Act, or 
        section 101 of the Housing and Urban Development Act of 1965''; 
        and
            (2) in the second proviso, by inserting ``, except that 
        paragraph (7)(A) of such section shall not apply'' after 
        ``1937''.

    (b) The provisions of 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. 7029. The Department of Housing and Urban Development 
Appropriations Act, 2006 (Public Law 109-115) is amended in designated 
paragraph (5) under the heading ``Tenant-based Rental Assistance''-- 
<<NOTE: 119 Stat. 2441.>> 
            (1) by striking ``$10,000,000'' and inserting 
        ``$25,000,000''; and
            (2) by striking ``$1,240,000,000'' and inserting 
        ``$1,225,000,000''.

    Sec. 7030. (a) The second paragraph under the heading ``Community 
Development Fund'' in title III of division A of Public Law 109-
115 <<NOTE: 119 Stat. 2447.>> is amended by striking ``statement of 
managers accompanying this Act'' and inserting ``statement of managers 
correction for H.R. 3058 relating to the Economic Development Initiative 
submitted to the House of Representatives by the Chairman of the 
Committee on Appropriations of the House on November 18, 2005, and 
printed in the House section of the Congressional Record on such date''.

    (b) Section 5023 of title V of division B of Public Law 109-
148 <<NOTE: 119 Stat. 2817.>> is amended by striking ``in title III of 
Public Law 109-115 (as in effect pursuant to H. Con. Res. 308, 109th 
Congress)'' and inserting ``in title III of division A of Public Law 
109-115''.

    (c) <<NOTE: Applicability.>> Each amendment made by this section 
shall apply as if included in the amended public law on the date of its 
enactment.

    Sec. 7031. The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II, division G of Public 
Law 108-199 is deemed to be amended--

[[Page 120 STAT. 488]]

            (1) with respect to item number 402, by striking ``in Kansas 
        City, Missouri'' and inserting ``in the Kansas City Metropolitan 
        Statistical Area (MSA)'';
            (2) with respect to item number 329 by striking ``for 
        purchase of the D.C. Metropolitan Police Boys and Girls Club 
        facility'' and inserting ``for renovation of Boys and Girls 
        Clubs of Greater Washington Clubhouse #2, Clubhouse #4, 
        Clubhouse #10, Clubhouse #11, and Clubhouse #14 in the District 
        of Columbia'';
            (3) with respect to item number 188 by striking ``the City 
        of Macon for construction of the historic Coca-Cola building'' 
        and inserting ``Wesleyan College in Macon, Georgia for facility 
        renovation, build out, and construction'';
            (4) with respect to item number 830 by striking 
        ``construction'' and inserting ``purchase, renovation, build out 
        and upgrade'';
            (5) with respect to item number 380 by striking ``for 
        construction of a new facility'' and inserting ``to upgrade an 
        existing facility'';
            (6) with respect to item number 348 by striking ``land 
        acquisition'' and inserting ``the construction and renovation of 
        the Holyoke Community College Enrollment Center''; and
            (7) with respect to item number 602 by striking ``to the J. 
        Frank Troy Senior Center in Toledo, Ohio for renovation and 
        construction'' and inserting ``, including $100,000 to the 
        Northwest Ohio Area Office on Aging for construction of the 
        Jerusalem Township Senior Center and Food Pantry; and $100,000 
        to Aurora Gonzales Resource Center, Toledo, Ohio, for renovation 
        and build out of a facility''.

    Sec. 7032. The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II, division I of Public 
Law 108-447 is deemed to be amended--
            (1) with respect to item number 838 by striking ``City of 
        Canby, Minnesota'' and inserting ``Western Five Community 
        Development Corporation.'';
            (2) with respect to item number 912 by striking 
        ``renovations to the Broadway Market'' and inserting ``the 
        demolition and redevelopment of properties in the Broadway-
        Fillmore Corridor, Buffalo, New York'';
            (3) with respect to item number 631 by striking 
        ``contruction'' and inserting ``acquisition'';
            (4) with respect to item number 536 by striking ``an 
        economic development planning study'' and inserting ``the Main 
        Street Revitalization Project'';
            (5) with respect to item number 444, by striking ``City of 
        St. Petersburg, Florida for facilities construction and 
        renovation for the Mid-Pinellas Science Center'' and inserting 
        ``St. Petersburg College, City of Seminole, Florida for the 
        development of Science and Nature Park at St. Petersburg 
        College'';
            (6) with respect to item 260 by inserting after renovations 
        ``and for property renovation at 754 Broad Street for the Family 
        Center emergency shelter for families and children''; and
            (7) with respect to item number 136, by striking 
        ``renovation of the Fire House in Brookhaven, Mississippi'' and 
        inserting ``the restoration of the historic City Hall in 
        Brookhaven, Mississippi''.

[[Page 120 STAT. 489]]

    Sec. 7033. The statement of managers correction referenced in the 
second paragraph under the heading ``Community Development Fund'' in 
title III, division A of Public Law 109-115 is deemed to be amended--
            (1) with respect to item number 793 by striking ``for street 
        infrastructure and parking facility improvements'' and inserting 
        ``to purchase and demolish blighted property, develop detailed 
        design/construction drawings, and to begin site preparation for 
        new infill housing lots'';
            (2) with respect to item number 1114 by striking ``West 
        Virginia Technical College'' and inserting ``West Virginia 
        University Institute of Technology Community and Technical 
        College'';
            (3) with respect to item number 849, by striking ``Mahonoy 
        City, Pennsylvania for improvements to West Market Street'' and 
        inserting ``Mahanoy City, Pennsylvania for improvements to 
        Centre Street'';
            (4) with respect to item number 740 by striking 
        ``infrastructure improvements in Central Plaza Park'' and 
        inserting ``the demolition and redevelopment of properties in 
        the Broadway-Fillmore Corridor, Buffalo, New York'';
            (5) with respect to item number 374 by striking ``Day Care'' 
        and inserting ``Senior Citizens'';
            (6) with respect to item number 714, by striking 
        ``construction of a senior center;'' and inserting ``renovation 
        and build out of a multipurpose center;'';
            (7) with respect to item number 850, by striking ``City of 
        Lancaster, Pennsylvania'' and inserting ``in Pennsylvania'';
            (8) with respect to item number 925, by striking ``Greenwood 
        Partnership Alliance, South Carolina for the renovation of the 
        Old Federal Courthouse'' and inserting ``City of Greenwood, 
        South Carolina for the Emerald Triangle Project''; and
            (9) with respect to item number 615 by inserting ``and UND 
        Technology Transfer and Commercialization Center'' before the 
        semicolon.

    Sec. 7034. Notwithstanding any other provision of law, the 
Administrator of General Services may convey, without consideration 
ownership and jurisdiction (custody, accountability and control) to the 
City of Crosby, North Dakota real property as described: Lots 9, 10, 11, 
12, 13, and 14, Eastlawn Addition to Crosby, Divide County, North 
Dakota.
    Sec. 7035. 2007 Discretionary Limits. (a) In General.--For the 
purposes of section 302(a) of the Congressional Budget Act of 1974, the 
allocations of the appropriate levels of budget totals for the Committee 
on Appropriations of the Senate for fiscal year 2007 shall be--
            (1) $872,778,000,000 in total new budget authority for 
        general purposes discretionary; and
            (2) $577,241,000,000 in total new budget authority for 
        mandatory;

until a concurrent resolution on the budget for fiscal year 2007 is 
agreed to by the Senate and the House of Representatives pursuant to 
section 301 of the Congressional Budget Act of 1974.
    (b) Adjustments and Limits.--The <<NOTE: Applicability.>> limits and 
adjustments provided in section 402 of S. Con. Res. 83 (109th Congress), 
as

[[Page 120 STAT. 490]]

passed the Senate, for fiscal year 2007 shall apply to subsection (a).

    (c) Application.--The section 302(a) allocations in subsection (a) 
shall be deemed to be allocations set forth in the joint explanatory 
statement of managers accompanying the concurrent resolution on the 
budget for fiscal year 2007, as though adopted by Congress, for all 
purposes under titles III and IV of the Congressional Budget Act of 
1974. Section 302(a)(4) of the Congressional Budget Act of 1974 shall 
not apply to this section.
    (d) Exceptions.--The following provisions of H. Con. Res. 95 (109th 
Congress) shall not apply in the Senate--
            (1) Section 404; and
            (2) <<NOTE: Effective date.>> until January 3, 2007, section 
        403(b)(2).

    (e) Effective Date.--This section shall take effect on the date of 
enactment of this Act.
    This Act may be cited as the ``Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane Recovery, 
2006''.

    Approved June 15, 2006.

LEGISLATIVE HISTORY--H.R. 4939:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-388 (Comm. on Appropriations) and 109-494 
(Comm. of Conference).
SENATE REPORTS: No. 109-230 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            Mar. 15, 16, considered and passed House.
            Apr. 25-27, May 1-4, considered and passed Senate, amended.
            June 12, House considered conference report.
            June 13, House agreed to conference report. Senate 
                considered conference report.
            June 14, 15, Senate considered and agreed to conference 
                report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            June 15, Presidential statement.

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