PUBLIC LAW 109–234—JUNE 15, 2006

EMERGENCY SUPPLEMENTAL

APPROPRIATIONS ACT FOR DEFENSE, THE

GLOBAL WAR ON TERROR, AND HURRICANE

RECOVERY, 2006

120 STAT. 418 PUBLIC LAW 109–234—JUNE 15, 2006

Public Law 109–234

109th Congress

An Act

Making emergency supplemental appropriations for the fiscal year ending September

30, 2006, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, 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.

Emergency

Supplemental

Appropriations

Act for Defense,

the Global War

on Terror, and

Hurricane

Recovery, 2006.

June 15, 2006

[H.R. 4939]

PUBLIC LAW 109–234—JUNE 15, 2006 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

120 STAT. 420 PUBLIC LAW 109–234—JUNE 15, 2006

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

PUBLIC LAW 109–234—JUNE 15, 2006 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, That such payments may be made in such

amounts as the Secretary of Defense, with the concurrence

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

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

his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon

the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees:

Provided further, That the Secretary of Defense shall provide

quarterly reports to the congressional defense committees on

the use of funds provided in this paragraph; 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.

Reports.

Notification.

Deadline.

120 STAT. 422 PUBLIC LAW 109–234—JUNE 15, 2006

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

PUBLIC LAW 109–234—JUNE 15, 2006 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, 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, 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, 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, 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

Notification.

Reports.

Deadline.

Deadline.

Notification.

Notification.

120 STAT. 424 PUBLIC LAW 109–234—JUNE 15, 2006

amounts of the funds received and the specific use of such contributions: Provided further, 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, 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, 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 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, 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.

Notification.

Deadline.

Reports.

Deadline.

Deadline.

Reports.

Deadline.

Deadline.

Notification.

PUBLIC LAW 109–234—JUNE 15, 2006 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.

120 STAT. 426 PUBLIC LAW 109–234—JUNE 15, 2006

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

PUBLIC LAW 109–234—JUNE 15, 2006 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

120 STAT. 428 PUBLIC LAW 109–234—JUNE 15, 2006

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 CounterDrug 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.

PUBLIC LAW 109–234—JUNE 15, 2006 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 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; 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) 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

119 Stat. 3421.

119 Stat. 2697.

Notification.

120 STAT. 430 PUBLIC LAW 109–234—JUNE 15, 2006

for the counter-drug activities of such Governments under any

other provision of the law.

(b) TYPES OF SUPPORT.— (1) 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. 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. 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), 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,

10 USC 1478 and

note.

Effective date.

10 USC 2208

note.

Applicability.

PUBLIC LAW 109–234—JUNE 15, 2006 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) 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

Deadline.

Reports.

120 STAT. 432 PUBLIC LAW 109–234—JUNE 15, 2006

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.

PUBLIC LAW 109–234—JUNE 15, 2006 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 landgrant 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, 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

Notification.

120 STAT. 434 PUBLIC LAW 109–234—JUNE 15, 2006

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, 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 Assist- ance’’, $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

Notification.

PUBLIC LAW 109–234—JUNE 15, 2006 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, 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

Expiration date.

22 USC 2151

note.

120 STAT. 436 PUBLIC LAW 109–234—JUNE 15, 2006

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) 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) 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) 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

Effective date.

Reports.

Deadline.

President.

PUBLIC LAW 109–234—JUNE 15, 2006 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.

120 STAT. 438 PUBLIC LAW 109–234—JUNE 15, 2006

MILITARY CONSTRUCTION, DEFENSE-WIDE

For an additional amount for ‘‘Military Construction, DefenseWide’’, $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 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.

Certification.

PUBLIC LAW 109–234—JUNE 15, 2006 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.

120 STAT. 440 PUBLIC LAW 109–234—JUNE 15, 2006

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

PUBLIC LAW 109–234—JUNE 15, 2006 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) 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. 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-bycase 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.’’.

22 USC 2733.

Termination

date.

120 STAT. 442 PUBLIC LAW 109–234—JUNE 15, 2006

(2) UNITED STATES AGENCY FOR INTERNATIONAL DEVELOP- MENT.—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) 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) 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.

22 USC 2703

note.

Termination

date.

PUBLIC LAW 109–234—JUNE 15, 2006 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.

120 STAT. 444 PUBLIC LAW 109–234—JUNE 15, 2006

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

PUBLIC LAW 109–234—JUNE 15, 2006 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

120 STAT. 446 PUBLIC LAW 109–234—JUNE 15, 2006

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

PUBLIC LAW 109–234—JUNE 15, 2006 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

120 STAT. 448 PUBLIC LAW 109–234—JUNE 15, 2006

is designated as 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.

PUBLIC LAW 109–234—JUNE 15, 2006 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.

120 STAT. 450 PUBLIC LAW 109–234—JUNE 15, 2006

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, 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.

Deadline.

Notification.

PUBLIC LAW 109–234—JUNE 15, 2006 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.

120 STAT. 452 PUBLIC LAW 109–234—JUNE 15, 2006

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 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,

Notification.

PUBLIC LAW 109–234—JUNE 15, 2006 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, 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, 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.

Deadline.

Reports.

Deadline.

Reports.

120 STAT. 454 PUBLIC LAW 109–234—JUNE 15, 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, $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

PUBLIC LAW 109–234—JUNE 15, 2006 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, That any project using funds

appropriated under this heading shall be initiated only after nonFederal 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

Contracts.

120 STAT. 456 PUBLIC LAW 109–234—JUNE 15, 2006

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.

PUBLIC LAW 109–234—JUNE 15, 2006 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. 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.

33 USC 2293a.

120 STAT. 458 PUBLIC LAW 109–234—JUNE 15, 2006

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,

PUBLIC LAW 109–234—JUNE 15, 2006 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, 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

Deadline.

120 STAT. 460 PUBLIC LAW 109–234—JUNE 15, 2006

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.

PUBLIC LAW 109–234—JUNE 15, 2006 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, 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.

Grants.

120 STAT. 462 PUBLIC LAW 109–234—JUNE 15, 2006

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.

PUBLIC LAW 109–234—JUNE 15, 2006 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

120 STAT. 464 PUBLIC LAW 109–234—JUNE 15, 2006

provided under this heading is designated as 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—

PUBLIC LAW 109–234—JUNE 15, 2006 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) Notwithstanding any provision of title III of the Higher

Education Act of 1965 (20 U.S.C. 1051 et seq.), or any regulation

Deferment

period.

120 STAT. 466 PUBLIC LAW 109–234—JUNE 15, 2006

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) 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. 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:

Deadline.

Termination

date.

PUBLIC LAW 109–234—JUNE 15, 2006 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

120 STAT. 468 PUBLIC LAW 109–234—JUNE 15, 2006

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

PUBLIC LAW 109–234—JUNE 15, 2006 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) 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. 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

Deadline.

Mississippi.

Deadline.

Notification.

120 STAT. 470 PUBLIC LAW 109–234—JUNE 15, 2006

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.

PUBLIC LAW 109–234—JUNE 15, 2006 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

120 STAT. 472 PUBLIC LAW 109–234—JUNE 15, 2006

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

PUBLIC LAW 109–234—JUNE 15, 2006 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, 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 State will report quarterly to the Committees

on Appropriations on all awards and uses of funds made available

under this heading, including specifically identifying all awards

of sole-source contracts and the rationale for making the award

on a sole-source basis: Provided further, That the Secretary shall

notify the Committees on Appropriations on any proposed allocation

of any funds and any related waivers made pursuant to these

provisions under this heading no later than 5 days before such

waiver is made: Provided further, That the Secretary shall establish

procedures to prevent recipients from receiving any duplication

of benefits and report quarterly to the Committees on Appropriations with regard to all steps taken to prevent fraud and abuse

of funds made available under this heading including duplication

of benefits: Provided further, That 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.

Procedures.

Reports.

Fraud.

Notification.

Deadline.

Reports.

Contracts.

Federal Register,

publication.

Deadline.

120 STAT. 474 PUBLIC LAW 109–234—JUNE 15, 2006

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 AGRICULTURAL

DISASTER ASSISTANCE

SEC. 3001. 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 ‘‘hurricaneaffected 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.

16 USC 3801

note.

Emergency

Agricultural

Disaster

Assistance Act

of 2006.

PUBLIC LAW 109–234—JUNE 15, 2006 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 hurricaneaffected 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

120 STAT. 476 PUBLIC LAW 109–234—JUNE 15, 2006

(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 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 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

Effective date.

Effective date.

PUBLIC LAW 109–234—JUNE 15, 2006 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 hurricaneaffected 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 hurricaneaffected 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

120 STAT. 478 PUBLIC LAW 109–234—JUNE 15, 2006

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.

PUBLIC LAW 109–234—JUNE 15, 2006 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

120 STAT. 480 PUBLIC LAW 109–234—JUNE 15, 2006

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

PUBLIC LAW 109–234—JUNE 15, 2006 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 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.

Deadline.

Notification.

120 STAT. 482 PUBLIC LAW 109–234—JUNE 15, 2006

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.

PUBLIC LAW 109–234—JUNE 15, 2006 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.

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, 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,

Reports.

Deadline.

119 Stat 2086.

120 STAT. 484 PUBLIC LAW 109–234—JUNE 15, 2006

That the amount provided under this heading is designated as

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, 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. 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’’.

Awards.

42 USC 12601

note.

Reports.

Deadline.

PUBLIC LAW 109–234—JUNE 15, 2006 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 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 incomesensitive 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) is amended

by striking paragraph (2).

SEC. 7016. Section 2401 of the Military Construction Authorization Act for Fiscal Year 2006 (Public Law 109–163) 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 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.

119 Stat. 3500.

119 Stat. 3496.

20 USC 1078–3.

20 USC 1078–3

note.

120 STAT. 486 PUBLIC LAW 109–234—JUNE 15, 2006

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 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)

Expiration date.

PUBLIC LAW 109–234—JUNE 15, 2006 120 STAT. 487

during fiscal year 2006 until the enactment of the Intelligence

Authorization Act for Fiscal Year 2006.

(b) 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 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’’—

(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 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 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) 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—

Applicability.

119 Stat. 2817.

119 Stat. 2447.

119 Stat. 2441.

119 Stat. 2779.

Effective date.

120 STAT. 488 PUBLIC LAW 109–234—JUNE 15, 2006

(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’’.

PUBLIC LAW 109–234—JUNE 15, 2006 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 BroadwayFillmore 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 limits and adjustments

provided in section 402 of S. Con. Res. 83 (109th Congress), as

Applicability.

120 STAT. 490 PUBLIC LAW 109–234—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.

Æ

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) 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.

Effective date.