25–159 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–359 

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF 

DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 

30, 2006, AND FOR OTHER PURPOSES 

DECEMBER 18, 2005.—Ordered to be printed 

Mr. YOUNG of Florida, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 2863] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 2863) 

‘‘making appropriations for the Department of Defense for the fiscal year ending September 30, 2006, and for other purposes’’, having met, after full and free conference, have agreed to recommend 

and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as 

follows: 

In lieu of the matter stricken and inserted by said amendment, 

insert: 

DIVISION A 

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 

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

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2006, for military functions administered by the Department of Defense and for other purposes, namely: 

TITLE I 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (includVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00001 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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ing all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Army on active duty (except members of reserve 

components provided for elsewhere), cadets, and aviation cadets; for 

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

pursuant to section 156 of Public Law 97–377, as amended (42 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $28,191,287,000. 

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for 

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

pursuant to section 156 of Public Law 97–377, as amended (42 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $22,788,101,000. 

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Marine Corps on active duty (except members of 

the Reserve provided for elsewhere); and for payments pursuant to 

section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), 

and to the Department of Defense Military Retirement Fund, 

$8,968,884,000. 

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for 

payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military 

Retirement Fund, $23,199,850,000. 

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army Reserve on active 

duty under sections 10211, 10302, and 3038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or while 

undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 


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of title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $3,172,669,000. 

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Navy Reserve on active 

duty under section 10211 of title 10, United States Code, or while 

serving on active duty under section 12301(d) of title 10, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing reserve 

training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $1,686,099,000. 

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Marine Corps Reserve on 

active duty under section 10211 of title 10, United States Code, or 

while serving on active duty under section 12301(d) of title 10, 

United States Code, in connection with performing duty specified in 

section 12310(a) of title 10, United States Code, or while undergoing 

reserve training, or while performing drills or equivalent duty, and 

for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $513,001,000. 

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air Force Reserve on active 

duty under sections 10211, 10305, and 8038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or while 

undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 

of title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $1,296,646,000. 

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army National Guard 

while on duty under section 10211, 10302, or 12402 of title 10 or 

section 708 of title 32, United States Code, or while serving on duty 

under section 12301(d) of title 10 or section 502(f) of title 32, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and 

expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $4,912,794,000. 


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NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air National Guard on 

duty under section 10211, 10305, or 12402 of title 10 or section 708 

of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States 

Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and 

expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $2,267,732,000. 

TITLE II 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not 

to exceed $11,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the 

Secretary of the Army, and payments may be made on his certificate 

of necessity for confidential military purposes, $24,105,470,000: Provided, That of funds made available under this heading, $2,000,000 

shall be available for Fort Baker, in accordance with the terms and 

conditions as provided under the heading ‘‘Operation and Maintenance, Army’’, in Public Law 107–117: Provided further, That notwithstanding any other provision of law, the Secretary of the Army 

may provide a grant of up to $10,000,000 from funds made available in this or any other Department of Defense Appropriations Act 

to the Army Distaff Foundation. 

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $6,003,000 can be used for emergencies and extraordinary expenses, to be expended on the approval 

or authority of the Secretary of the Navy, and payments may be 

made on his certificate of necessity for confidential military purposes, $29,995,383,000. 

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, 

$3,695,256,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and 

not to exceed $7,699,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the 

Secretary of the Air Force, and payments may be made on his cerVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00004 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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tificate of necessity for confidential military purposes, 

$30,313,136,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department 

of Defense (other than the military departments), as authorized by 

law, $18,500,716,000: Provided, That not more than $25,000,000 

may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided 

further, That not to exceed $36,000,000 can be used for emergencies 

and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on 

his certificate of necessity for confidential military purposes: Provided further, That notwithstanding any other provision of law, of 

the funds provided in this Act for Civil Military programs under 

this heading, $500,000 shall be available for a grant for Outdoor 

Odyssey, Roaring Run, Pennsylvania, to support the Youth Development and Leadership program and Department of Defense 

STARBASE program: Provided further, That of the funds made 

available under this heading, $4,250,000 is available for contractor 

support to coordinate a wind test demonstration project on an Air 

Force installation using wind turbines manufactured in the United 

States that are new to the United States market and to execute the 

renewable energy purchasing plan: Provided further, That of the 

funds provided under this heading, not less than $27,009,000 shall 

be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall 

be available for centers defined in 10 U.S.C. 2411(1)(D): Provided 

further, That none of the funds appropriated or otherwise made 

available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of 

the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces 

into a legislative affairs or legislative liaison office: Provided further, That $4,000,000, to remain available until expended, is available only for expenses relating to certain classified activities, and 

may be transferred as necessary by the Secretary to operation and 

maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the 

same time period as the appropriations to which transferred: Provided further, That any ceiling on the investment item unit cost of 

items that may be purchased with operation and maintenance funds 

shall not apply to the funds described in the preceding proviso: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere 

in this Act. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 


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care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $1,973,382,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $1,244,795,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $202,734,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $2,499,286,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the 

Army National Guard, including medical and hospital treatment 

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger 

motor vehicles; personnel services in the National Guard Bureau; 

travel expenses (other than mileage), as authorized by law for Army 

personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically 

authorized by the Chief, National Guard Bureau; supplying and 

equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies 

and equipment (including aircraft), $4,491,109,000: Provided, That 

$8,500,000 shall be available for the operations and development of 

training and technology for the Joint Interagency Training CenterEast and the affiliated Center for National Response at the Memorial Tunnel and for providing homeland defense/security and traditional warfighting training to the Department of Defense, other federal agency, and state and local first responder personnel at the 

Joint Interagency Training Center-East. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the Air 

National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, 


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and repairs to structures and facilities; transportation of things, 

hire of passenger motor vehicles; supplying and equipping the Air 

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the 

Department of Defense; travel expenses (other than mileage) on the 

same basis as authorized by law for Air National Guard personnel 

on active Federal duty, for Air National Guard commanders while 

inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $4,701,306,000. 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States Court 

of Appeals for the Armed Forces, $11,236,000, of which not to exceed 

$5,000 may be used for official representation purposes. 

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $407,865,000, to remain available until transferred: Provided, That the Secretary of the Army 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the 

Army, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 

to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation are 

not necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation. 

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $305,275,000, to remain available until transferred: Provided, That the Secretary of the Navy 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the 

Navy, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 

to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation are 

not necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation. 


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ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $406,461,000, to remain 

available until transferred: Provided, That the Secretary of the Air 

Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 

removal of unsafe buildings and debris of the Department of the Air 

Force, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available 

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $28,167,000, to remain available until transferred: Provided, That the Secretary of Defense shall, 

upon determining that such funds are required for environmental 

restoration, reduction and recycling of hazardous waste, removal of 

unsafe buildings and debris of the Department of Defense, or for 

similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department 

of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which 

transferred: Provided further, That upon a determination that all or 

part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be 

transferred back to this appropriation. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $256,921,000, to remain available until transferred: Provided, That the Secretary of the Army 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the 

Department of Defense, transfer the funds made available by this 

appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 

to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation are 

not necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster, 

and Civic Aid programs of the Department of Defense (consisting of 


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the programs provided under sections 401, 402, 404, 2557, and 2561 

of title 10, United States Code), $61,546,000, to remain available 

until September 30, 2007. 

FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

For assistance to the republics of the former Soviet Union, including assistance provided by contract or by grants, for facilitating 

the elimination and the safe and secure transportation and storage 

of nuclear, chemical and other weapons; for establishing programs 

to prevent the proliferation of weapons, weapons components, and 

weapon-related technology and expertise; for programs relating to 

the training and support of defense and military personnel for demilitarization and protection of weapons, weapons components and 

weapons technology and expertise, and for defense and military contacts, $415,549,000, to remain available until September 30, 2008: 

Provided, That of the amounts provided under this heading, 

$15,000,000 shall be available only to support the dismantling and 

disposal of nuclear submarines, submarine reactor components, and 

security enhancements for transport and storage of nuclear warheads in the Russian Far East. 

TITLE III 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes, $2,653,280,000, to remain 

available for obligation until September 30, 2008: Provided, That 

$75,000,000 of the funds provided in this paragraph are available 

only for the purpose of acquiring four (4) HH–60L medical evacuation variant Blackhawk helicopters for the Army Reserve: Provided 

further, That three (3) UH–60 Blackhawk helicopters in addition to 

those referred to in the preceding proviso shall be available only for 

the Army Reserve. 

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of missiles, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

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chine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes, $1,208,919,000, to remain 

available for obligation until September 30, 2008. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For construction, procurement, production, and modification of 

weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon prior to approval of title; and procurement and 

installation of equipment, appliances, and machine tools in public 

and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the 

foregoing purposes, $1,391,615,000, to remain available for obligation until September 30, 2008. 

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,733,020,000, to remain available for obligation until September 30, 2008. 

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of 

vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; 

and the purchase of 14 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger 

vehicles but not to exceed $255,000 per vehicle; communications and 

electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training 

devices; expansion of public and private plants, including the land 

necessary therefor, for the foregoing purposes, and such lands and 

interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title; and procurement and installation 

of equipment, appliances, and machine tools in public and private 

plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $4,594,031,000, to remain available for obligation until September 30, 2008. 


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AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, spare 

parts, and accessories therefor; specialized equipment; expansion of 

public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools 

in public and private plants; reserve plant and Government and 

contractor-owned equipment layaway, $9,774,749,000, to remain 

available for obligation until September 30, 2008. 

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of missiles, torpedoes, other weapons, and related 

support equipment including spare parts, and accessories therefor; 

expansion of public and private plants, including the land necessary 

therefor, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $2,659,978,000, to 

remain available for obligation until September 30, 2008. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $851,841,000, to remain available 

for obligation until September 30, 2008. 

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and 

installation thereof in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; procurement 

of critical, long leadtime components and designs for vessels to be 

constructed or converted in the future; and expansion of public and 

private plants, including land necessary therefor, and such lands 

and interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title, as follows: 

Carrier Replacement Program (AP), $626,913,000; 

NSSN, $1,637,698,000; 

NSSN (AP), $763,786,000; 

SSGN, $286,516,000; 


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CVN Refuelings, $1,318,563,000; 

CVN Refuelings (AP), $20,000,000; 

SSBN Submarine Refuelings, $230,193,000; 

SSBN Submarine Refuelings (AP), $62,248,000; 

DD(X) (AP), $715,992,000; 

DDG–51 Destroyer, $150,000,000; 

DDG–51 Destroyer Modernization, $50,000,000; 

LCS, $440,000,000; 

LHD–8, $197,769,000; 

LPD–17, $1,344,741,000; 

LHA–R, $150,447,000; 

LCAC Landing Craft Air Cushion, $100,000,000; 

Prior year shipbuilding costs, $517,523,000; 

Service Craft, $45,455,000; and 

For outfitting, post delivery, conversions, and first destination transportation, $369,387,000. 

In all: $9,027,231,000, to remain available for obligation until 

September 30, 2010: Provided, That additional obligations may be 

incurred after September 30, 2010, for engineering services, tests, 

evaluations, and other such budgeted work that must be performed 

in the final stage of ship construction: Provided further, That none 

of the funds provided under this heading for the construction or 

conversion of any naval vessel to be constructed in shipyards in the 

United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That 

none of the funds provided under this heading shall be used for the 

construction of any naval vessel in foreign shipyards. 

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support 

equipment and materials not otherwise provided for, Navy ordnance 

(except ordnance for new aircraft, new ships, and ships authorized 

for conversion); the purchase of passenger motor vehicles for replacement only, and the purchase of 9 vehicles required for physical security of personnel, notwithstanding price limitations applicable to 

passenger vehicles but not to exceed $255,000 per vehicle; expansion 

of public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools 

in public and private plants; reserve plant and Government and 

contractor-owned equipment layaway, $5,444,294,000, to remain 

available for obligation until September 30, 2008. 

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and 

modification of missiles, armament, military equipment, spare 

parts, and accessories therefor; plant equipment, appliances, and 

machine tools, and installation thereof in public and private plants; 

reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public 

and private plants, including land necessary therefor, and such 

lands and interests therein, may be acquired, and construction prosVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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ecuted thereon prior to approval of title, $1,398,955,000, to remain 

available for obligation until September 30, 2008. 

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground 

handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof 

in such plants, erection of structures, and acquisition of land, for 

the foregoing purposes, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $12,737,215,000, 

to remain available for obligation until September 30, 2008. 

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, 

spacecraft, rockets, and related equipment, including spare parts 

and accessories therefor, ground handling equipment, and training 

devices; expansion of public and private plants, Government-owned 

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such 

lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes including rents and transportation of things, $5,174,474,000, to remain available for obligation 

until September 30, 2008. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,016,887,000, to remain available for obligation until September 30, 2008. 

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including 

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and 

spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only, and the purchase of 2 

vehicles required for physical security of personnel, notwithstanding 

price limitations applicable to passenger vehicles but not to exceed 


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$255,000 per vehicle; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment 

and installation thereof in such plants, erection of structures, and 

acquisition of land, for the foregoing purposes, and such lands and 

interests therein, may be acquired, and construction prosecuted 

thereon, prior to approval of title; reserve plant and Government 

and contractor-owned equipment layaway, $14,060,714,000, to remain available for obligation until September 30, 2008. 

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only, and the purchase of 5 vehicles required for physical security of personnel, notwithstanding prior limitations applicable to passenger vehicles but 

not to exceed $255,000 per vehicle; expansion of public and private 

plants, equipment, and installation thereof in such plants, erection 

of structures, and acquisition of land for the foregoing purposes, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant 

and Government and contractor-owned equipment layaway, 

$2,573,964,000, to remain available for obligation until September 

30, 2008. 

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles, 

ammunition, other weapons, and other procurement for the reserve 

components of the Armed Forces, $180,000,000, to remain available 

for obligation until September 30, 2008: Provided, That the Chiefs 

of the Reserve and National Guard components shall, not later than 

30 days after the enactment of this Act, individually submit to the 

congressional defense committees the modernization priority assessment for their respective Reserve or National Guard component. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 

108, 301, 302, and 303 of the Defense Production Act of 1950 (50 

U.S.C. App. 2078, 2091, 2092, and 2093), $58,248,000, to remain 

available until expended. 

TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$11,172,397,000, to remain available for obligation until September 

30, 2007. 


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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$18,993,135,000, to remain available for obligation until September 

30, 2007: Provided, That funds appropriated in this paragraph 

which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces: Provided further, That funds appropriated in this paragraph shall be available 

for the Cobra Judy program. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$21,999,649,000, to remain available for obligation until September 

30, 2007. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and 

applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by 

the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$19,798,599,000, to remain available for obligation until September 

30, 2007. 

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, 

in the direction and supervision of operational test and evaluation, 

including initial operational test and evaluation which is conducted 

prior to, and in support of, production decisions; joint operational 

testing and evaluation; and administrative expenses in connection 

therewith, $168,458,000, to remain available for obligation until 

September 30, 2007. 

TITLE V 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

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

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and activities, and for expenses of the National Defense Reserve Fleet, as 

established by section 11 of the Merchant Ship Sales Act of 1946 (50 

U.S.C. App. 1744), and for the necessary expenses to maintain and 

preserve a U.S.-flag merchant fleet to serve the national security 

needs of the United States, $1,089,056,000, to remain available 

until expended: Provided, That none of the funds provided in this 


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paragraph shall be used to award a new contract that provides for 

the acquisition of any of the following major components unless 

such components are manufactured in the United States: auxiliary 

equipment, including pumps, for all shipboard services; propulsion 

system components (that is; engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further, That the exercise of an option in a contract awarded 

through the obligation of previously appropriated funds shall not be 

considered to be the award of a new contract: Provided further, 

That the Secretary of the military department responsible for such 

procurement may waive the restrictions in the first proviso on a 

case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that 

adequate domestic supplies are not available to meet Department of 

Defense requirements on a timely basis and that such an acquisition 

must be made in order to acquire capability for national security 

purposes. 

TITLE VI 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health 

care programs of the Department of Defense, as authorized by law, 

$20,221,212,000, of which $19,299,787,000 shall be for Operation 

and maintenance, of which not to exceed 2 percent shall remain 

available until September 30, 2007, and of which up to 

$10,212,427,000 may be available for contracts entered into under 

the TRICARE program; of which $379,119,000, to remain available 

for obligation until September 30, 2008, shall be for Procurement; 

and of which $542,306,000, to remain available for obligation until 

September 30, 2007, shall be for Research, development, test and 

evaluation: Provided, That notwithstanding any other provision of 

law, of the amount made available under this heading for Research, 

development, test and evaluation, not less than $5,300,000 shall be 

available for HIV prevention educational activities undertaken in 

connection with U.S. military training, exercises, and humanitarian 

assistance activities conducted primarily in African nations. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents 

and munitions, to include construction of facilities, in accordance 

with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of 

other chemical warfare materials that are not in the chemical weapon stockpile, $1,400,827,000, of which $1,216,514,000 shall be for 

Operation and maintenance; $116,527,000 shall be for Procurement 

to remain available until September 30, 2008; $67,786,000 shall be 

for Research, development, test and evaluation, of which 

$53,026,000 shall only be for the Assembled Chemical Weapons Alternatives (ACWA) program, to remain available until September 

30, 2007; and no less than $119,300,000 may be for the Chemical 

Stockpile Emergency Preparedness Program, of which $36,800,000 


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shall be for activities on military installations and $82,500,000 

shall be to assist State and local governments. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components 

serving under the provisions of title 10 and title 32, United States 

Code; for Operation and maintenance; for Procurement; and for Research, development, test and evaluation, $917,651,000: Provided, 

That the funds appropriated under this heading shall be available 

for obligation for the same time period and for the same purpose as 

the appropriation to which transferred: Provided further, That upon 

a determination that all or part of the funds transferred from this 

appropriation are not necessary for the purposes provided herein, 

such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act. 

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General 

in carrying out the provisions of the Inspector General Act of 1978, 

as amended, $209,687,000, of which $208,687,000 shall be for Operation and maintenance, of which not to exceed $700,000 is available 

for emergencies and extraordinary expenses to be expended on the 

approval or authority of the Inspector General, and payments may 

be made on the Inspector General’s certificate of necessity for con- fidential military purposes; and of which $1,000,000, to remain 

available until September 30, 2008, shall be for Procurement. 

TITLE VII 

RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement and 

Disability System Fund, to maintain the proper funding level for 

continuing the operation of the Central Intelligence Agency Retirement and Disability System, $244,600,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Intelligence Community Manage- ment Account, $422,344,000, of which $27,454,000 for the Advanced 

Research and Development Committee shall remain available until 

September 30, 2007: Provided, That of the funds appropriated 

under this heading, $39,000,000 shall be transferred to the Department of Justice for the National Drug Intelligence Center to support 

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main available until September 30, 2008 and $1,000,000 for Research, development, test and evaluation shall remain available 

until September 30, 2007: Provided further, That the National Drug 

Intelligence Center shall maintain the personnel and technical resources to provide timely support to law enforcement authorities and 

the intelligence community by conducting document and computer 

exploitation of materials collected in Federal, State, and local law 

enforcement activity associated with counter-drug, counter-terrorism, and national security investigations and operations. 

TITLE VIII 

GENERAL PROVISIONS 

SEC. 8001. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel 

of the Department of Defense: Provided, That salary increases 

granted to direct and indirect hire foreign national employees of the 

Department of Defense funded by this Act shall not be at a rate in 

excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under 

the provisions of section 5332 of title 5, United States Code, or at 

a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States 

diplomatic missions whose pay is set by the Department of State 

under the Foreign Service Act of 1980: Provided further, That the 

limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey. 

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

shall remain available for obligation beyond the current fiscal year, 

unless expressly so provided herein. 

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

this Act which are limited for obligation during the current fiscal 

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

Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp 

training of the Reserve Officers’ Training Corps. 

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense that 

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

approval of the Office of Management and Budget, transfer not to 

exceed $3,750,000,000 of working capital funds of the Department 

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

of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be 

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

same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used 

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quirements, than those for which originally appropriated and in no 

case where the item for which funds are requested has been denied 

by the Congress: Provided further, That the Secretary of Defense 

shall notify the Congress promptly of all transfers made pursuant 

to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for 

reprogramming of funds, unless for higher priority items, based on 

unforeseen military requirements, than those for which originally 

appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using 

authority provided in this section must be made prior to June 30, 

2006: Provided further, That transfers among military personnel 

appropriations shall not be taken into account for purposes of the 

limitation on the amount of funds that may be transferred under 

this section. 

(TRANSFER OF FUNDS)

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

working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash 

disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the ‘‘Foreign 

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

and Maintenance’’ appropriation accounts in such amounts as may 

be determined by the Secretary of Defense, with the approval of the 

Office of Management and Budget, except that such transfers may 

not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the 

amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or 

increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. 

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

initiate a special access program without prior notification 30 calendar days in session in advance to the congressional defense committees. 

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

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

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

of the contract or that includes an unfunded contingent liability in 

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

leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any 1 year, unless the 

congressional defense committees have been notified at least 30 days 

in advance of the proposed contract award: Provided, That no part 

of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: Provided further, That no part of any appropriation 

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curement contracts for any systems or component thereof if the value 

of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further, That 

the execution of multiyear authority shall require the use of a 

present value analysis to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after 

the date of the enactment of this Act unless in the case of any such 

contract—

(1) the Secretary of Defense has submitted to Congress a 

budget request for full funding of units to be procured through 

the contract; 

(2) cancellation provisions in the contract do not include 

consideration of recurring manufacturing costs of the contractor 

associated with the production of unfunded units to be delivered under the contract; 

(3) the contract provides that payments to the contractor 

under the contract shall not be made in advance of incurred 

costs on funded units; and 

(4) the contract does not provide for a price adjustment 

based on a failure to award a follow-on contract. 

Funds appropriated in title III of this Act may be used for a 

multiyear procurement contract as follows: 

UH–60/MH–60 Helicopters; 

C–17 Globemaster; 

Apache Block II Conversion; and 

Modernized Target Acquisition Designation Sight/Pilot 

Night Vision Sensor (MTADS/PNVS). 

SEC. 8009. Within the funds appropriated for the operation and 

maintenance of the Armed Forces, funds are hereby appropriated 

pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United 

States Code. Such funds may also be obligated for humanitarian 

and civic assistance costs incidental to authorized operations and 

pursuant to authority granted in section 401 of chapter 20 of title 

10, United States Code, and these obligations shall be reported as 

required by section 401(d) of title 10, United States Code: Provided, 

That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using 

Civic Action Teams in the Trust Territories of the Pacific Islands 

and freely associated states of Micronesia, pursuant to the Compact 

of Free Association as authorized by Public Law 99–239: Provided 

further, That upon a determination by the Secretary of the Army 

that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the 

Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the 

Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam. 

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

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

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


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

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

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

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

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

request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to 

fiscal year 2007. 

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

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

Act may be used to initiate a new installation overseas without 30- 

day advance notification to the Committees on Appropriations. 

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

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

action on any legislation or appropriation matters pending before 

the Congress. 

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

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

Army participating as a full-time student and receiving benefits 

paid by the Secretary of Veterans Affairs from the Department of 

Defense Education Benefits Fund when time spent as a full-time 

student is credited toward completion of a service commitment: Provided, That this subsection shall not apply to those members who 

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

further, That this subsection applies only to active components of 

the Army. 

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

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

available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the 

enactment of this Act, is performed by more than 10 Department of 

Defense civilian employees unless—

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

competition that includes a most efficient and cost effective organization plan developed by such activity or function; 

(2) the Competitive Sourcing Official determines that, over 

all performance periods stated in the solicitation of offers for 

performance of the activity or function, the cost of performance 

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

to the Department of Defense by an amount that equals or exceeds the lesser of—

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

(B) $10,000,000; and 

(3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense 

by—

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

in the performance of that activity or function under the 

contract; or 


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(B) offering to such workers an employer-sponsored 

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

than the amount that is paid by the Department of Defense 

for health benefits for civilian employees under chapter 89 

of title 5, United States Code. 

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

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

administrative regulation, requirement, or policy to the contrary 

shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the 

Department of Defense that— (A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (41 

U.S.C. 47); 

(B) is planned to be converted to performance by a 

qualified nonprofit agency for the blind or by a qualified 

nonprofit agency for other severely handicapped individuals in accordance with that Act; or 

(C) is planned to be converted to performance by a 

qualified firm under at least 51 percent ownership by an 

Indian tribe, as defined in section 4(e) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

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

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

637(a)(15)). 

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

2474 of title 10, United States Code. 

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

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

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

statute, regulation, or policy and is deemed to be awarded under the 

authority of, and in compliance with, subsection (h) of section 2304 

of title 10, United States Code, for the competition or outsourcing 

of commercial activities. 

(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for the 

purpose of implementing a Mentor-Protege Program developmental 

assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 

10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. 

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

the purchase by the Department of Defense (and its departments 

and agencies) of welded shipboard anchor and mooring chain 4 

inches in diameter and under unless the anchor and mooring chain 

are manufactured in the United States from components which are 

substantially manufactured in the United States: Provided, That for 


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the purpose of this section manufactured will include cutting, heat 

treating, quality control, testing of chain and welding (including the 

forging and shot blasting process): Provided further, That for the 

purpose of this section substantially all of the components of anchor 

and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components 

produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the 

United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements 

on a timely basis, the Secretary of the service responsible for the 

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

certifying in writing to the Committees on Appropriations that such 

an acquisition must be made in order to acquire capability for national security purposes. 

SEC. 8017. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M–

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

M–1911 pistols. 

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

for the Civilian Health and Medical Program of the Uniformed 

Services (CHAMPUS) or TRICARE shall be available for the reimbursement of any health care provider for inpatient mental health 

service for care received when a patient is referred to a provider of 

inpatient mental health care or residential treatment care by a medical or health care professional having an economic interest in the 

facility to which the patient is referred: Provided, That this limitation does not apply in the case of inpatient mental health services 

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

as partial hospital care, or provided pursuant to a waiver authorized by the Secretary of Defense because of medical or psychological 

circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant to 

rules prescribed by the Secretary, which takes into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of that care. 

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

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

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

function of the Department of Defense into or within the National 

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

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

congressional defense committees that such a relocation is required 

in the best interest of the Government. 

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

Act, $8,000,000 is appropriated only for incentive payments authorized by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 

1544): Provided, That a prime contractor or a subcontractor at any 

tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code or 

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

shall be considered a contractor for the purposes of being allowed 

additional compensation under section 504 of the Indian Financing 


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24 

Act of 1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of 

funds appropriated by an Act making Appropriations for the Department of Defense with respect to any fiscal year: Provided further, That notwithstanding section 430 of title 41, United States 

Code, this section shall be applicable to any Department of Defense 

acquisition of supplies or services, including any contract and any 

subcontract at any tier for acquisition of commercial items produced 

or manufactured, in whole or in part by any subcontractor or supplier defined in section 1544 of title 25, United States Code or a 

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

Provided further, That, during the current fiscal year and hereafter, 

businesses certified as 8(a) by the Small Business Administration 

pursuant to section 8(a)(15) of Public Law 85–536, as amended, 

shall have the same status as other program participants under section 602 of Public Law 100–656, 102 Stat. 3825 (Business Opportunity Development Reform Act of 1988) for purposes of contracting 

with agencies of the Department of Defense. 

SEC. 8021. None of the funds appropriated by this Act shall be 

available to perform any cost study pursuant to the provisions of 

OMB Circular A–76 if the study being performed exceeds a period 

of 24 months after initiation of such study with respect to a single 

function activity or 30 months after initiation of such study for a 

multi-function activity. 

SEC. 8022. Funds appropriated by this Act for the American 

Forces Information Service shall not be used for any national or 

international political or psychological activities. 

SEC. 8023. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian 

employees hired for certain health care occupations as authorized 

for the Secretary of Veterans Affairs by section 7455 of title 38, 

United States Code. 

SEC. 8024. During the current fiscal year, the Department of 

Defense is authorized to incur obligations of not to exceed 

$350,000,000 for purposes specified in section 2350j(c) of title 10, 

United States Code, in anticipation of receipt of contributions, only 

from the Government of Kuwait, under that section: Provided, That 

upon receipt, such contributions from the Government of Kuwait 

shall be credited to the appropriations or fund which incurred such 

obligations. 

SEC. 8025. (a) Of the funds made available in this Act, not less 

than $31,109,000 shall be available for the Civil Air Patrol Corporation, of which—

(1) $24,288,000 shall be available from ‘‘Operation and 

Maintenance, Air Force’’ to support Civil Air Patrol Corporation 

operation and maintenance, readiness, counterdrug activities, 

and drug demand reduction activities involving youth programs; 

(2) $6,000,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and 

(3) $821,000 shall be available from ‘‘Other Procurement, 

Air Force’’ for vehicle procurement. 


ycherry on PROD1PC64 with REPORTS
25 

(b) The Secretary of the Air Force should waive reimbursement 

for any funds used by the Civil Air Patrol for counter-drug activities 

in support of Federal, State, and local government agencies. 

SEC. 8026. (a) None of the funds appropriated in this Act are 

available to establish a new Department of Defense (department) 

federally funded research and development center (FFRDC), either 

as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership 

corporation consisting of a consortium of other FFRDCs and other 

non-profit entities. 

(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, 

may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal 

year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per 

diem as authorized under the Federal Joint Travel Regulations, 

when engaged in the performance of membership duties. 

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

funds available to the department from any source during fiscal 

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

payment mechanism, for construction of new buildings, for payment 

of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, 

not to include employee participation in community service and/or 

development. 

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

available to the department during fiscal year 2006, not more than 

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

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

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

be funded for the defense studies and analysis FFRDCs: Provided 

further, That this subsection shall not apply to staff years funded 

in the National Intelligence Program (NIP). 

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

department’s fiscal year 2007 budget request, submit a report presenting the specific amounts of staff years of technical effort to be 

allocated for each defense FFRDC during that fiscal year. 

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

amount appropriated in this Act for FFRDCs is hereby reduced by 

$46,000,000. 

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

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

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

the control of the Department of Defense which were not melted and 

rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply 

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

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

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

the military department responsible for the procurement may waive 

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

Committees on Appropriations of the House of Representatives and 


ycherry on PROD1PC64 with REPORTS
26 

the Senate that adequate domestic supplies are not available to meet 

Department of Defense requirements on a timely basis and that such 

an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions 

shall not apply to contracts which are in being as of the date of the 

enactment of this Act. 

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

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. In addition, for any matter pertaining to basic allowance for housing, facilities sustainment, restoration and modernization, environmental 

restoration and the Defense Health Program, ‘‘congressional defense 

committees’’ also means the Subcommittee on Military Quality of 

Life and Veterans Affairs, and Related Agencies of the Committee 

on Appropriations of the House of Representatives. 

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

Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of 

components and other Defense-related articles, through competition 

between Department of Defense depot maintenance activities and 

private firms: Provided, That the Senior Acquisition Executive of the 

military department or Defense Agency concerned, with power of 

delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section. 

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

with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph 

(2) has violated the terms of the agreement by discriminating 

against certain types of products produced in the United States that 

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

the Secretary’s blanket waiver of the Buy American Act with respect 

to such types of products produced in that foreign country. 

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

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for 

certain products in that country. 

(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2006. Such report shall separately indicate the dollar value of items for which the Buy American Act was 

waived pursuant to any agreement described in subsection (a)(2), 

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

international agreement to which the United States is a party. 

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

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

the Treasury and Post Office Departments for the fiscal year ending 

June 30, 1934, and for other purposes’’, approved March 3, 1933 (41 

U.S.C. 10a et seq.). 


ycherry on PROD1PC64 with REPORTS
27 

SEC. 8031. Appropriations contained in this Act that remain 

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

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

by the Department of Defense shall remain available for obligation 

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

in section 2865 of title 10, United States Code. 

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

fiscal year submitted to the Congress under section 1105 of title 31, 

United States Code, and hereafter, materials that shall identify 

clearly and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to 

administrative activities of the Department of Defense, the military 

departments, and the defense agencies. 

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

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

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

for the Young Marines program. 

(INCLUDING TRANSFER OF FUNDS)

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

the Department of Defense Overseas Military Facility Investment 

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

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

2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act. 

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

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

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

relocatable military housing units located at Grand Forks Air Force 

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

Air Force. 

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

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

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

that are submitted to the Secretary by the Operation Walking Shield 

Program on behalf of Indian tribes located in the States of North 

Dakota, South Dakota, Montana, and Minnesota. 

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

Walking Shield Program shall resolve any conflicts among requests 

of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection 

(b). 

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

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

list published by the Secretary of the Interior under section 104 of 

the Federally Recognized Indian Tribe Act of 1994 (Public Law 

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

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

are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item 

unit cost of not more than $250,000. 

SEC. 8037. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working 

Capital Funds shall be used for the purchase of an investment item 


ycherry on PROD1PC64 with REPORTS
28 

for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year 

to customers of the Department of Defense Working Capital Funds 

if such an item would not have been chargeable to the Department 

of Defense Business Operations Fund during fiscal year 1994 and 

if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. 

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

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

shall be prepared and submitted to the Congress on the basis that 

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

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

and not in the supply management business area or any other area 

or category of the Department of Defense Working Capital Funds. 

SEC. 8038. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for 

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

transferred, or otherwise credited to the Central Intelligence Agency 

Central Services Working Capital Fund during this or any prior or 

subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the 

Central Intelligence Agency for advanced research and development 

acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security 

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

30, 2007. 

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

made available in this Act for the Defense Intelligence Agency may 

be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands. 

SEC. 8040. Of the funds appropriated to the Department of Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $10,000,000 shall be made available only for 

the mitigation of environmental impacts, including training and 

technical assistance to tribes, related administrative support, the 

gathering of information, documenting of environmental damage, 

and developing a system for prioritization of mitigation and cost to 

complete estimates for mitigation, on Indian lands resulting from 

Department of Defense activities. 

SEC. 8041. (a) None of the funds appropriated in this Act may 

be expended by an entity of the Department of Defense unless the 

entity, in expending the funds, complies with the Buy American Act. 

For purposes of this subsection, the term ‘‘Buy American Act’’ means 

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

Treasury and Post Office Departments for the fiscal year ending 

June 30, 1934, and for other purposes’’, approved March 3, 1933 (41 

U.S.C. 10a et seq.). 


ycherry on PROD1PC64 with REPORTS
29 

(b) If the Secretary of Defense determines that a person has 

been convicted of intentionally affixing a label bearing a ‘‘Made in 

America’’ inscription to any product sold in or shipped to the United 

States that is not made in America, the Secretary shall determine, 

in accordance with section 2410f of title 10, United States Code, 

whether the person should be debarred from contracting with the 

Department of Defense. 

(c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress 

that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, 

provided that American-made equipment and products are costcompetitive, quality-competitive, and available in a timely fashion. 

SEC. 8042. None of the funds appropriated by this Act shall be 

available for a contract for studies, analysis, or consulting services 

entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement 

determines—

(1) as a result of thorough technical evaluation, only one 

source is found fully qualified to perform the proposed work; 

(2) the purpose of the contract is to explore an unsolicited 

proposal which offers significant scientific or technological 

promise, represents the product of original thinking, and was 

submitted in confidence by one source; or 

(3) the purpose of the contract is to take advantage of 

unique and significant industrial accomplishment by a specific 

concern, or to insure that a new product or idea of a specific 

concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than 

$25,000, contracts related to improvements of equipment that is 

in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. 

SEC. 8043. (a) Except as provided in subsection (b) and (c), 

none of the funds made available by this Act may be used—

(1) to establish a field operating agency; or 

(2) to pay the basic pay of a member of the Armed Forces 

or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters. 

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case 

basis, if the Secretary determines, and certifies to the Committees on 

Appropriations of the House of Representatives and Senate that the 

granting of the waiver will reduce the personnel requirements or the 

financial requirements of the department. 

(c) This section does not apply to—

(1) field operating agencies funded within the National Intelligence Program; or 

(2) an Army field operating agency established to eliminate, 

mitigate, or counter the effects of improvised explosive devices, 

and, as determined by the Secretary of the Army, other similar 

threats. 


ycherry on PROD1PC64 with REPORTS
30 

SEC. 8044. The Secretary of Defense, acting through the Office 

of Economic Adjustment of the Department of Defense, may use 

funds made available in this Act under the heading ‘‘Operation and 

Maintenance, Defense-Wide’’ to make grants and supplement other 

Federal funds in accordance with the guidance provided in the 

Joint Explanatory Statement of the Committee of Conference to accompany the conference report on the bill H.R. 2863, and the 

projects specified in such guidance shall be considered to be authorized by law. 

(RESCISSIONS)

SEC. 8045. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

‘‘Missile Procurement, Army, 2004/2006’’, $20,000,000; 

‘‘Missile Procurement, Army, 2005/2007’’, $14,931,000; 

‘‘Other Procurement, Army, 2005/2007’’, $68,637,000; 

‘‘Aircraft Procurement, Navy, 2005/2007’’, $16,800,000; 

‘‘Shipbuilding and Conversion, Navy, 2005/2009’’, 

$42,200,000; 

‘‘Other Procurement, Navy, 2005/2007’’, $43,000,000; 

‘‘Procurement, Marine Corps, 2005/2007’’, $4,300,000; 

‘‘Missile Procurement, Air Force, 2005/2007’’, $92,000,000; 

‘‘Other Procurement, Air Force, 2005/2007’’, $3,400,000; 

‘‘Research, Development, Test and Evaluation, Army, 2005/ 

2006’’, $4,300,000; 

‘‘Research, Development, Test and Evaluation, Navy, 2005/ 

2006’’, $32,755,000; and 

‘‘Research, Development, Test and Evaluation, Air Force, 

2005/2006’’, $63,400,000. 

SEC. 8046. None of the funds available in this Act may be used 

to reduce the authorized positions for military (civilian) technicians 

of the Army National Guard, the Air National Guard, Army Reserve 

and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on 

military (civilian) technicians, unless such reductions are a direct 

result of a reduction in military force structure. 

SEC. 8047. None of the funds appropriated or otherwise made 

available in this Act may be obligated or expended for assistance to 

the Democratic People’s Republic of North Korea unless specifically 

appropriated for that purpose. 

SEC. 8048. Funds appropriated in this Act for operation and 

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence or 

counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and 

programs included within the National Intelligence Program, the 

Joint Military Intelligence Program, and the Tactical Intelligence 

and Related Activities aggregate: Provided, That nothing in this section authorizes deviation from established Reserve and National 

Guard personnel and training procedures. 


ycherry on PROD1PC64 with REPORTS
31 

SEC. 8049. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical 

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

Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and civilian strength reductions 

may be consistent with responsible resource stewardship and capitation-based budgeting. 

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

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

available to contract for the installation, repair, and maintenance 

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

and infrastructure critical to base operations and the public health 

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

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

not more than 35 percent of funds provided in this Act for environmental remediation may be obligated under indefinite delivery/indefinite quantity contracts with a total contract value of 

$130,000,000 or higher. 

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

of Defense for any fiscal year for drug interdiction or counter-drug 

activities may be transferred to any other department or agency of 

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

(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the 

United States except as specifically provided in an appropriations 

law. 

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

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

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

Foundation, a nonprofit organization, for services required to solicit 

non-Federal donations to support construction and operation of the 

National Museum of the United States Army at Fort Belvoir, Virginia: Provided, That notwithstanding any other provision of law, 

the Army is authorized to receive future payments in this or the subsequent fiscal year from any nonprofit organization chartered to 

support the National Museum of the United States Army to reimburse amounts expended by the Army pursuant to this section: Provided further, That any reimbursements received pursuant to this 

section shall be merged with ‘‘Operation and Maintenance, Army’’

and shall be made available for the same purposes and for the same 

time period as that appropriation account. 

(TRANSFER OF FUNDS)

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

and hereafter for increasing energy and water efficiency in Federal 

buildings may, during their period of availability, be transferred to 

other appropriations or funds of the Department of Defense for 

projects related to increasing energy and water efficiency, to be 

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


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32 

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

transferred. 

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

used for the procurement of ball and roller bearings other than 

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

such procurement may waive this restriction on a case-by-case basis 

by certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate, that adequate domestic 

supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made 

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

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

Federal Procurement Policy Act, except that the restriction shall 

apply to ball or roller bearings purchased as end items. 

SEC. 8056. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United 

States, unless the Secretary of Defense certifies to the congressional 

defense committees that such an acquisition must be made in order 

to acquire capability for national security purposes that is not available from United States manufacturers. 

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

contract awarded by the Department of Defense during the current 

fiscal year for construction or service performed in whole or in part 

in a State (as defined in section 381(d) of title 10, United States 

Code) which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor, shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in such State that is not contiguous with another State, individuals who are residents of such 

State and who, in the case of any craft or trade, possess or would 

be able to acquire promptly the necessary skills: Provided, That the 

Secretary of Defense may waive the requirements of this section, on 

a case-by-case basis, in the interest of national security. 

SEC. 8058. None of the funds made available in this or any 

other Act may be used to pay the salary of any officer or employee 

of the Department of Defense who approves or implements the transfer of administrative responsibilities or budgetary resources of any 

program, project, or activity financed by this Act to the jurisdiction 

of another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation shall 

not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 

SEC. 8059. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES

AND SERVICES.—Notwithstanding any other provision of law, none 

of the funds available to the Department of Defense for the current 

fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services 

(other than intelligence services) for use in the activities described 

in subsection (b) unless the congressional defense committees, the 

Committee on International Relations of the House of RepresentaVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00032 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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33 

tives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer. 

(b) COVERED ACTIVITIES.—This section applies to—

(1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the 

United Nations Charter under the authority of a United Nations Security Council resolution; and 

(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation. 

(c) REQUIRED NOTICE.—A notice under subsection (a) shall include the following: 

(1) A description of the equipment, supplies, or services to 

be transferred. 

(2) A statement of the value of the equipment, supplies, or 

services to be transferred. 

(3) In the case of a proposed transfer of equipment or supplies—

(A) a statement of whether the inventory requirements 

of all elements of the Armed Forces (including the reserve 

components) for the type of equipment or supplies to be 

transferred have been met; and 

(B) a statement of whether the items proposed to be 

transferred will have to be replaced and, if so, how the 

President proposes to provide funds for such replacement. 

SEC. 8060. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of 

any amount paid by the contractor to an employee when—

(1) such costs are for a bonus or otherwise in excess of the 

normal salary paid by the contractor to the employee; and 

(2) such bonus is part of restructuring costs associated with 

a business combination. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8061. During the current fiscal year, no more than 

$30,000,000 of appropriations made in this Act under the heading 

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred to 

appropriations available for the pay of military personnel, to be 

merged with, and to be available for the same time period as the 

appropriations to which transferred, to be used in support of such 

personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant 

to section 2012 of title 10, United States Code. 

SEC. 8062. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed 

under the provisions of section 1552 of title 31, United States Code, 

and which has a negative unliquidated or unexpended balance, an 

obligation or an adjustment of an obligation may be charged to any 

current appropriation account for the same purpose as the expired 

or closed account if—

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the 

end of the period of availability or closing of that account; 


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34 

(2) the obligation is not otherwise properly chargeable to 

any current appropriation account of the Department of Defense; and 

(3) in the case of an expired account, the obligation is not 

chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National 

Defense Authorization Act for Fiscal Year 1991, Public Law 

101–510, as amended (31 U.S.C. 1551 note): Provided, That in 

the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a 

current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation 

under this section may not exceed an amount equal to 1 percent 

of the total appropriation for that account. 

SEC. 8063. (a) Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of 

the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. 

(b) Amounts collected under subsection (a) shall be credited to 

funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. 

SEC. 8064. Using funds available by this Act or any other Act, 

the Secretary of the Air Force, pursuant to a determination under 

section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the 

Kaiserslautern Military Community in the Federal Republic of Germany: Provided, That in the City of Kaiserslautern such agreements 

will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained 

from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy 

source. 

SEC. 8065. None of the funds appropriated in title IV of this Act 

may be used to procure end-items for delivery to military forces for 

operational training, operational use or inventory requirements: 

Provided, That this restriction does not apply to end-items used in 

development, prototyping, and test activities preceding and leading 

to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National Intelligence Program: Provided further, That the Secretary of Defense 

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

writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 

SEC. 8066. Notwithstanding any other provision of law, funds 

available to the Department of Defense shall be made available to 

provide transportation of medical supplies and equipment, on a 


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35 

nonreimbursable basis, to American Samoa, and funds available to 

the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable 

basis, to the Indian Health Service when it is in conjunction with 

a civil-military project. 

SEC. 8067. None of the funds made available in this Act may 

be used to approve or license the sale of the F/A–22 advanced tactical fighter to any foreign government. 

SEC. 8068. (a) The Secretary of Defense may, on a case-by-case 

basis, waive with respect to a foreign country each limitation on the 

procurement of defense items from foreign sources provided in law 

if the Secretary determines that the application of the limitation 

with respect to that country would invalidate cooperative programs 

entered into between the Department of Defense and the foreign 

country, or would invalidate reciprocal trade agreements for the 

procurement of defense items entered into under section 2531 of title 

10, United States Code, and the country does not discriminate 

against the same or similar defense items produced in the United 

States for that country. 

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

(1) contracts and subcontracts entered into on or after the 

date of the enactment of this Act; and 

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

after such date under contracts that are entered into before such 

date if the option prices are adjusted for any reason other than 

the application of a waiver granted under subsection (a). 

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of 

the Harmonized Tariff Schedule and products classified under 

headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

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

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

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

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

Defense has received credible information from the Department of 

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

unless all necessary corrective steps have been taken. 

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

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

conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces. 

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

the Secretary of State, may waive the prohibition in subsection (a) 

if he determines that such waiver is required by extraordinary circumstances. 

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

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

a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training 

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volved in the training program, and the information relating to 

human rights violations that necessitates the waiver. 

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

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

lease or procure the T–AKE class of ships unless the main propulsion diesel engines and propulsors are manufactured in the United 

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

by certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate that adequate domestic 

supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made 

in order to acquire capability for national security purposes or there 

exists a significant cost or quality difference. 

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

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. 

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

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

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

concept technology demonstration project may only be obligated 30 

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

planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense 

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

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

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

quarterly report beginning 30 days after enactment of this Act, to 

the House and Senate Appropriations Committees, Subcommittees 

on Defense on certain matters as directed in the classified annex accompanying this Act. 

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

to the use of the Government travel card, refunds attributable to the 

use of the Government Purchase Card and refunds attributable to 

official Government travel arranged by Government Contracted 

Travel Management Centers may be credited to operation and maintenance, and research, development, test and evaluation accounts of 

the Department of Defense which are current when the refunds are 

received. 

SEC. 8075. (a) REGISTERING FINANCIAL MANAGEMENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION OFFI- CER.—None of the funds appropriated in this Act may be used for 

a mission critical or mission essential financial management information technology system (including a system funded by the defense 

working capital fund) that is not registered with the Chief Information Officer of the Department of Defense. A system shall be considered to be registered with that officer upon the furnishing to that 

officer of notice of the system, together with such information concerning the system as the Secretary of Defense may prescribe. A fiVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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37 

nancial management information technology system shall be considered a mission critical or mission essential information technology 

system as defined by the Under Secretary of Defense (Comptroller). 

(b) CERTIFICATIONS AS TO COMPLIANCE WITH FINANCIAL MAN- AGEMENT MODERNIZATION PLAN.— (1) During the current fiscal year, a financial management 

automated information system, a mixed information system 

supporting financial and non-financial systems, or a system improvement of more than $1,000,000 may not receive Milestone 

A approval, Milestone B approval, or full rate production, or 

their equivalent, within the Department of Defense until the 

Under Secretary of Defense (Comptroller) certifies, with respect 

to that milestone, that the system is being developed and managed in accordance with the Department’s Financial Management Modernization Plan. The Under Secretary of Defense 

(Comptroller) may require additional certifications, as appropriate, with respect to any such system. 

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

under paragraph (1). 

(c) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN

ACT.— (1) During the current fiscal year, a major automated information system may not receive Milestone A approval, Milestone 

B approval, or full rate production approval, or their equivalent, within the Department of Defense until the Chief Information Officer certifies, with respect to that milestone, that the system is being developed in accordance with the Clinger-Cohen 

Act of 1996 (40 U.S.C. 1401 et seq.). The Chief Information Officer may require additional certifications, as appropriate, with 

respect to any such system. 

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

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

minimum, the funding baseline and milestone schedule for each 

system covered by such a certification and confirmation that the 

following steps have been taken with respect to the system: 

(A) Business process reengineering. 

(B) An analysis of alternatives. 

(C) An economic analysis that includes a calculation of 

the return on investment. 

(D) Performance measures. 

(E) An information assurance strategy consistent with 

the Department’s Global Information Grid. 

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

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

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

States Code. 

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

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

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

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

available to the Department of Defense may be used to provide support to another department or agency of the United States if such 


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department or agency is more than 90 days in arrears in making 

payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable 

basis: Provided, That this restriction shall not apply if the department is authorized by law to provide support to such department or 

agency on a nonreimbursable basis, and is providing the requested 

support pursuant to such authority: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis 

by certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate that it is in the national 

security interest to do so. 

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

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

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

Title 32 may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System. 

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

to transfer to any nongovernmental entity ammunition held by the 

Department of Defense that has a center-fire cartridge and a United 

States military nomenclature designation of ‘‘armor penetrator’’, 

‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

‘‘armor-piercing incendiary-tracer (API–T)’’, except to an entity performing demilitarization services for the Department of Defense 

under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles 

are either: (1) rendered incapable of reuse by the demilitarization 

process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State. 

SEC. 8079. Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau, or his designee, may waive 

payment of all or part of the consideration that otherwise would be 

required under section 2667 of title 10, United States Code, in the 

case of a lease of personal property for a period not in excess of 1 

year to any organization specified in section 508(d) of title 32, 

United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National 

Guard Bureau, or his designee, on a case-by-case basis. 

SEC. 8080. None of the funds appropriated by this Act shall be 

used for the support of any nonappropriated funds activity of the 

Department of Defense that procures malt beverages and wine with 

nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the 

United States unless such malt beverages and wine are procured 

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

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

is located in more than one State, purchases may be made in any 

State in which the installation is located: Provided further, That 

such local procurement requirements for malt beverages and wine 

shall apply to all alcoholic beverages only for military installations 

in States which are not contiguous with another State: Provided 

further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be 


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procured from the most competitive source, price and other factors 

considered. 

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

the Global Positioning System during the current fiscal year may be 

used to fund civil requirements associated with the satellite and 

ground control segments of such system’s modernization program. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8082. Of the amounts appropriated in this Act under the 

heading, ‘‘Operation and Maintenance, Army’’, $147,900,000 shall 

remain available until expended: Provided, That notwithstanding 

any other provision of law, the Secretary of Defense is authorized to 

transfer such funds to other activities of the Federal Government: 

Provided further, That the Secretary of Defense is authorized to 

enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to 

projects described in further detail in the Classified Annex accompanying the Department of Defense Appropriations Act, 2006, consistent with the terms and conditions set forth therein: Provided further, That contracts entered into under the authority of this section 

may provide for such indemnification as the Secretary determines to 

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

the maximum extent consistent with the national security, as determined by the Secretary of Defense. 

SEC. 8083. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 

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

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

SEC. 8084. In addition to amounts provided elsewhere in this Act, $2,200,000 is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided, 

That notwithstanding any other provision of law, these funds shall 

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

only for the construction and furnishing of additional Fisher Houses 

to meet the needs of military family members when confronted with 

the illness or hospitalization of an eligible military beneficiary. 

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

the Secretary of Health and Human Services, may carry out a program to distribute surplus dental and medical equipment of the Department of Defense, at no cost to the Department of Defense, to Indian Health Service facilities and to federally-qualified health centers (within the meaning of section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))). 

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

give the Indian Health Service a property disposal priority equal to 

the priority given to the Department of Defense and its twelve special screening programs in distribution of surplus dental and medical supplies and equipment. 

SEC. 8086. Amounts appropriated in title II of this Act are hereby reduced by $265,000,000 to reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments, as follows: 

(1) From ‘‘Operation and Maintenance, Army’’, $26,000,000. 


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

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

$154,000,000. 

SEC. 8087. The total amount appropriated or otherwise made 

available in this Act is hereby reduced by $100,000,000 to limit excessive growth in the procurement of advisory and assistance services, to be distributed as follows: 

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

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

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

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

(INCLUDING TRANSFER OF FUNDS)

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

heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $132,866,000 shall be made available for the Arrow missile 

defense program: Provided, That of this amount, $60,250,000 shall 

be available for the purpose of producing Arrow missile components 

in the United States and Arrow missile components and missiles in 

Israel to meet Israel’s defense requirements, consistent with each nation’s laws, regulations and procedures, and $10,000,000 shall be 

available for the purpose of the initiation of a joint feasibility study 

designated the Short Range Ballistic Missile Defense (SRBMD) initiative: Provided further, That funds made available under this provision for production of missiles and missile components may be 

transferred to appropriations available for the procurement of weapons and equipment, to be merged with and to be available for the 

same time period and the same purposes as the appropriation to 

which transferred: Provided further, That the transfer authority 

provided under this provision is in addition to any other transfer 

authority contained in this Act. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8089. Of the amounts appropriated in this Act under the 

heading ‘‘Shipbuilding and Conversion, Navy’’, $517,523,000 shall 

be available until September 30, 2006, to fund prior year shipbuilding cost increases: Provided, That upon enactment of this Act, 

the Secretary of the Navy shall transfer such funds to the following 

appropriations in the amounts specified: Provided further, That the 

amounts transferred shall be merged with and be available for the 

same purposes as the appropriations to which transferred: 

To: 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 1998/2006’’: 

New SSN, $28,000,000. 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 1999/2006’’: 

LPD–17 Amphibious Transport Dock Ship Program, $95,000,000; 

New SSN, $72,000,000. 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2000/2006’’: 

LPD–17 Amphibious Transport Dock Ship Program, $94,800,000. 


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Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2001/2006’’: 

Carrier Replacement Program, $145,023,000; 

New SSN, $82,700,000. 

SEC. 8090. The Secretary of the Navy may settle, or compromise, and pay any and all admiralty claims under section 7622 

of title 10, United States Code arising out of the collision involving 

the U.S.S. GREENEVILLE and the EHIME MARU, in any amount 

and without regard to the monetary limitations in subsections (a) 

and (b) of that section: Provided, That such payments shall be made 

from funds available to the Department of the Navy for operation 

and maintenance. 

SEC. 8091. Notwithstanding any other provision of law or regulation, the Secretary of Defense may exercise the provisions of section 7403(g) of title 38, United States Code for occupations listed in 

section 7403(a)(2) of title 38, United States Code as well as the following: 

Pharmacists, Audiologists, and Dental Hygienists. 

(A) The requirements of section 7403(g)(1)(A) of title 38, 

United States Code shall apply. 

(B) The limitations of section 7403(g)(1)(B) of title 38, 

United States Code shall not apply. 

SEC. 8092. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence activities are 

deemed to be specifically authorized by the Congress for purposes of 

section 504 of the National Security Act of 1947 (50 U.S.C. 414) 

during fiscal year 2006 until the enactment of the Intelligence Authorization Act for fiscal year 2006. 

SEC. 8093. None of the funds in this Act may be used to initiate 

a new start program without prior written notification to the Office 

of Secretary of Defense and the congressional defense committees. 

SEC. 8094. The amounts appropriated in title II of this Act are 

hereby reduced by $250,000,000 to reflect cash balance and rate stabilization adjustments in Department of Defense Working Capital 

Funds, as follows: 

(1) From ‘‘Operation and Maintenance, Army’’, 

$100,000,000. 

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

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

$100,000,000. 

SEC. 8095. (a) In addition to the amounts provided elsewhere 

in this Act, the amount of $5,100,000 is hereby appropriated to the 

Department of Defense for ‘‘Operation and Maintenance, Army National Guard’’. Such amount shall be made available to the Secretary of the Army only to make a grant in the amount of 

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

by veterans to opportunities for skilled employment in the construction industry. 

(b) The entity referred to in subsection (a) is the Center for Military Recruitment, Assessment and Veterans Employment, a nonprofit labor-management co-operation committee provided for by section 302(c)(9) of the Labor-Management Relations Act, 1947 (29 

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

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


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

shall make future budgetary and programming plans to fully finance the Non-Line of Sight Future Force cannon and resupply vehicle program (NLOS–C) in order to field this system in fiscal year 

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

System (FCS) in fiscal year 2010: Provided, That if the Army is precluded from fielding the FCS program by fiscal year 2010, then the 

Army shall develop the NLOS–C independent of the broader FCS 

development timeline to achieve fielding by fiscal year 2010. In addition the Army will deliver eight (8) combat operational pre-production NLOS–C systems by the end of calendar year 2008. These 

systems shall be in addition to those systems necessary for developmental and operational testing: Provided further, That the Army 

shall ensure that budgetary and programmatic plans will provide 

for no fewer than seven (7) Stryker Brigade Combat Teams. 

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

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

Pacific Missile Range Facility may be made available to contract for 

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

drainage, and flood control systems, electrical upgrade to support 

additional missions critical to base operations, and support for a 

range footprint expansion to further guard against encroachment. 

SEC. 8098. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $33,350,000 is hereby appropriated to the Department of Defense, to remain available until 

September 30, 2006: Provided, That the Secretary of Defense shall 

make grants in the amounts specified as follows: $3,850,000 to the 

Intrepid Sea-Air-Space Foundation; $1,000,000 to the Pentagon Memorial Fund, Inc.; $4,400,000 to the Center for Applied Science and 

Technologies at Jordan Valley Innovation Center; $1,000,000 to the 

Vietnam Veterans Memorial Fund for the Teach Vietnam initiative; 

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

$1,000,000 to the Women in Military Service for America Memorial 

Foundation; $2,000,000 to The Presidio Trust; $500,000 to George 

Mason University for the Clinic for Legal Assistance to 

Servicemembers; $850,000 to the Fort Des Moines Memorial Park 

and Education Center; $1,000,000 to the American Civil War Center 

at Historic Tredegar; $1,500,000 to the Museum of Flight, American 

Heroes Collection; $1,000,000 to the National Guard Youth Foundation; $2,550,000 to the United Services Organization; $1,700,000 to 

the Dwight D. Eisenhower Memorial Commission; $1,000,000 to the 

Iraq Cultural Heritage Assistance Project; $1,350,000 to the Pacific 

Aviation Museum-Pearl Harbor; $1,500,000 to the Red Cross Consolidated Blood Services Facility; $150,000 to the Telluride Adaptive Sports Program; $4,000,000 to T.H.A.N.K.S USA; $1,500,000 to 

the Battleship Texas Foundation to Restore and Preserve the Battleship Texas; and $1,000,000 to the Pennsylvania Veterans Museum 

Media Armory. 

SEC. 8099. Notwithstanding section 2583(a) of title 10, United 

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

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

of the military department concerned may make a military working 

dog available for adoption by its former handler. 


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SEC. 8100. The budget of the President for fiscal year 2007 submitted to the Congress pursuant to section 1105 of title 31, United 

States Code shall include separate budget justification documents 

for costs of United States Armed Forces’ participation in contingency operations for the Military Personnel accounts, the Operation 

and Maintenance accounts, and the Procurement accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further, That these documents shall 

include estimated costs for each element of expense or object class, 

a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop 

strength for each Active and Reserve component, and estimates of 

the major weapons systems deployed in support of each contingency: 

Provided further, That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for 

the budget year and the two preceding fiscal years. 

SEC. 8101. None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of 

nuclear armed interceptors of a missile defense system. 

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

the heading, ‘‘Operation and Maintenance, Defense-Wide’’, $20,000,000 is available for the Regional Defense Counter-terrorism 

Fellowship Program, to fund the education and training of foreign 

military officers, ministry of defense civilians, and other foreign security officials, to include United States military officers and civilian officials whose participation directly contributes to the education and training of these foreign students. 

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

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

the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That 

the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season. 

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

available for integration of foreign intelligence information unless 

the information has been lawfully collected and processed during 

the conduct of authorized foreign intelligence activities: Provided, 

That information pertaining to United States persons shall only be 

handled in accordance with protections provided in the Fourth 

Amendment of the United States Constitution as implemented 

through Executive Order No. 12333. 

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

of this Act, under the heading ‘‘Operation and Maintenance, Army’’, 

and notwithstanding any other provision of law, up to $7,000,000 

shall be available only for repairs and safety improvements to the 

segment of Fort Irwin Road which extends from Interstate 15 northeast toward the boundary of Fort Irwin, California and the originating intersection of Irwin Road: Provided, That these funds shall 

remain available until expended: Provided further, That the authorized scope of work includes, but is not limited to, environmental 


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documentation and mitigation, engineering and design, improving 

safety, resurfacing, widening lanes, enhancing shoulders, and replacing signs and pavement markings: Provided further, That these 

funds may be used for advances to the Federal Highway Administration, Department of Transportation, for the authorized scope of 

work. 

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

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

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

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

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

Road, which is used by members of the Marine Corps stationed at 

the Marine Corps Air Ground Task Force Training Center, 

Twentynine Palms, California, and their dependents, and for construction of pedestrian and bike lanes for the road, to provide for 

the safety of the Marines stationed at the installation. 

SEC. 8106. None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command administrative and operational 

control of U.S. Navy forces assigned to the Pacific fleet: Provided, 

That the command and control relationships which existed on October 1, 2004, shall remain in force unless changes are specifically authorized in a subsequent Act. 

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

Armed Forces are called or ordered to active duty under section 

12302(a) of title 10, United States Code, each member shall be notified in writing of the expected period during which the member will 

be mobilized. 

(b) The Secretary of Defense may waive the requirements of subsection (a) in any case in which the Secretary determines that it is 

necessary to do so to respond to a national security emergency or to 

meet dire operational requirements of the Armed Forces. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8108. The Secretary of Defense may transfer funds from 

any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided, That the Secretary may transfer not to exceed $100,000,000 under the authority provided by this section: Provided further, That the funding transferred shall be available for 

the same time period as the appropriation to which transferred: Provided further, That the Secretary may not transfer any funds until 

30 days after the proposed transfer has been reported to the Committees on Appropriations of the Senate and the House of Representatives, unless sooner notified by the Committees that there is no objection to the proposed transfer: Provided further, That the transfer 

authority provided by this section is in addition to any other transfer authority contained elsewhere in this Act. 

SEC. 8109. (a) The total amount appropriated or otherwise 

made available in title II of this Act is hereby reduced by 

$92,000,000 to limit excessive growth in the travel and transportation of persons. 


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(b) The Secretary of Defense shall allocate this reduction proportionately to each budget activity, activity group, subactivity 

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

SEC. 8110. In addition to funds made available elsewhere in this Act, $5,500,000 is hereby appropriated and shall remain available until expended to provide assistance, by grant or otherwise 

(such as, but not limited to, the provision of funds for repairs, maintenance, construction, and/or for the purchase of information technology, text books, teaching resources), to public schools that have 

unusually high concentrations of special needs military dependents 

enrolled: Provided, That in selecting school systems to receive such 

assistance, special consideration shall be given to school systems in 

States that are considered overseas assignments, and all schools 

within these school systems shall be eligible for assistance: Provided 

further, That up to 2 percent of the total appropriated funds under 

this section shall be available to support the administration and 

execution of the funds or program and/or events that promote the 

purpose of this appropriation (e.g. payment of travel and per diem 

of school teachers attending conferences or a meeting that promotes 

the purpose of this appropriation and/or consultant fees for on-site 

training of teachers, staff, or Joint Venture Education Forum 

(JVEF) Committee members): Provided further, That up to 

$2,000,000 shall be available for the Department of Defense to establish a non-profit trust fund to assist in the public-private funding of public school repair and maintenance projects, or provide directly to non-profit organizations who in return will use these monies to provide assistance in the form of repair, maintenance, or renovation to public school systems that have high concentrations of 

special needs military dependents and are located in States that are 

considered overseas assignments: Provided further, That to the extent a Federal agency provides this assistance, by contract, grant, 

or otherwise, it may accept and expend non-Federal funds in combination with these Federal funds to provide assistance for the authorized purpose, if the non-Federal entity requests such assistance 

and the non-Federal funds are provided on a reimbursable basis. 

SEC. 8111. Of the funds appropriated or otherwise made avail- able in this Act, a reduction of $361,000,000 is hereby taken from 

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

amounts: ‘‘Missile Procurement, Army’’, $9,000,000; ‘‘Other Procurement, Army’’, $297,000,000; and ‘‘Procurement, Marine Corps’’, $55,000,000: 

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

report to the House Committee on Appropriations and the Senate 

Committee on Appropriations which describes the application of 

these reductions to programs, projects or activities within these accounts. 

(INCLUDING TRANSFER OF FUNDS)

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

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

Defense may transfer not more than $20,000,000 of unobligated balances remaining in the expiring RDT&E, Army, appropriation acVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00045 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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46 

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

Army, appropriation account to be used only for the continuation of 

the Army Venture Capital Fund demonstration. 

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

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

the Research, Development, Test and Evaluation, Army, appropriation account that is then in its last fiscal year of availability for obligation before the account closes under section 1552 of title 31, 

United States Code. 

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

is the program for which funds were initially provided in section 

8150 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117; 115 Stat. 2281), as extended and revised in section 8105 of Department of Defense Appropriations Act, 

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

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

of the Department of Defense Appropriations Act, 2003 (Public Law 

107–248; 116 Stat. 1562), shall apply with respect to amounts transferred under this section in the same manner as to amounts transferred under that section. 

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

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

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

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

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

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

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

94 B–52 aircraft, including 18 attrition reserve aircraft, during fiscal year 2006: Provided further, That the Secretary of Defense shall 

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

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

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

funds available under the heading ‘‘Operation and Maintenance, 

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

include upgrades and additions, to the infrastructure of the operational ranges managed by the Air Force in Alaska: Provided, That 

the total cost of such phased projects shall not exceed $32,000,000. 

SEC. 8115. For purposes of section 612 of title 41, United States 

Code, any subdivision of appropriations made under the heading 

‘‘Shipbuilding and Conversion, Navy’’ that is not closed at the time 

reimbursement is made shall be available to reimburse the Judgment Fund and shall be considered for the same purposes as any 

subdivision under the heading ‘‘Shipbuilding and Conversion, 

Navy’’ appropriations in the current fiscal year or any prior fiscal 

year. 

(TRANSFER OF FUNDS)

SEC. 8116. Upon enactment of this Act, the Secretary of Defense 

shall make the following transfer of funds: Provided, That funds so 

transferred shall be merged with and shall be available for the 

same purpose and for the same time period as the appropriation to 

which transferred: Provided further, That the amounts shall be 

transferred between the following appropriations in the amounts 

specified: 


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47 

From: 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2003/2007’’: 

For outfitting, post delivery, conversions, and first destination transportation, $3,300,000; 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2004/2008’’: 

For outfitting, post delivery, conversions, and first destination transportation, $6,100,000; 

To: 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2003/2007’’: 

SSGN, $3,300,000; 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2004/2008’’: 

SSGN, $6,100,000. 

SEC. 8117. (a) FINDINGS.—The Senate makes the following findings: 

(1) The Department of Defense Appropriations Act, 2004 

(Public Law 108–87), the Department of Defense Appropriations 

Act, 2005 (Public Law 108–287), and the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–13) each contain a sense of the Senate provision urging the President to provide in the annual budget requests of the President for a fiscal 

year under section 1105(a) of title 31, United States Code, an 

estimate of the cost of ongoing military operations in Iraq and 

Afghanistan in such fiscal year. 

(2) The budget for fiscal year 2006 submitted to Congress 

by the President on February 7, 2005, requests no funds for fiscal year 2006 for ongoing military operations in Iraq or Afghanistan. 

(3) According to the Congressional Research Service, there 

exists historical precedent for including the cost of ongoing military operations in the annual budget requests of the President 

following initial funding for such operations by emergency or 

supplemental appropriations Acts, including— (A) funds for Operation Noble Eagle, beginning in the 

budget request of President George W. Bush for fiscal year 

2005; 

(B) funds for operations in Kosovo, beginning in the 

budget request of President George W. Bush for fiscal year 

2001; 

(C) funds for operations in Bosnia, beginning in the 

budget request of President Clinton for fiscal year 1997; 

(D) funds for operations in Southwest Asia, beginning 

in the budget request of President Clinton for fiscal year 

1997; 

(E) funds for operations in Vietnam, beginning in the 

budget request of President Johnson for fiscal year 1966; 

and 

(F) funds for World War II, beginning in the budget request of President Roosevelt for fiscal year 1943. 

(4) In section 1024(b) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and 


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Tsunami Relief, 2005 (119 Stat. 252), the Senate requested that 

the President submit to Congress, not later than September 1, 

2005, an amendment to the budget of the President for fiscal 

year 2006 setting forth detailed cost estimates for ongoing military operations overseas during such fiscal year. 

(5) The President has yet to submit such an amendment. 

(6) In February 2005, the Congressional Budget Office estimated that fiscal year 2006 cost of ongoing military operations 

in Iraq and Afghanistan could total $85,000,000,000. 

(b) SENSE OF THE SENATE.—It is the sense of the Senate that— (1) any request for funds for a fiscal year after fiscal year 

2006 for an ongoing military operation overseas, including operations in Afghanistan and Iraq, should be included in the annual budget of the President for such fiscal year as submitted 

to Congress under section 1105(a) of title 31, United States 

Code; 

(2) the President should submit a budget request for fiscal 

year 2006 setting forth estimates for ongoing military operations overseas during such fiscal year; and 

(3) any funds provided for a fiscal year for ongoing military 

operations overseas should be provided in appropriations Acts 

for such fiscal year through appropriations to specific accounts 

set forth in such appropriations Acts. 

SEC. 8118. Section 351(a)(3) of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 375; 118 Stat. 1858) is amended by striking ‘‘July 31, 2004’’ and inserting ‘‘April 1, 2006’’. SEC. 8119. (a) None of the funds appropriated by this Act may 

be used to transfer research and development, acquisition, or other 

program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. 

(b) The Army shall retain responsibility for and operational 

control of the Extended Range Multi-Purpose (ERMP) Unmanned 

Aerial Vehicle (UAV) in order to support the Secretary of Defense in 

matters relating to the employment of unmanned aerial vehicles. 

SEC. 8120. (a) REPORT.—Not later than February 15, 2006, the 

Secretary of Defense shall submit to the congressional defense committees a report on the status of the review of, and actions taken to 

implement, the recommendations of the Comptroller General of the 

United States in the report of the Comptroller General entitled 

‘‘Military and Veterans Benefits: Enhanced Services Could Improve 

Transition Assistance for Reserves and National Guard’’ (GAO 05– 544). 

(b) PARTICULAR INFORMATION.—If the Secretary has determined 

in the course of the review described in subsection (a) not to implement any recommendation of the Comptroller General described in 

that subsection, the report under that subsection shall include a justification of such determination. 

SEC. 8121. (a) The Secretary of the Navy may, subject to the 

terms and conditions of the Secretary, donate the World War II-era 

marine railway located at the United States Naval Academy, Annapolis, Maryland, to the Richardson Maritime Heritage Center, 

Cambridge, Maryland. 

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

be used for commercial purposes. 


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49 

SEC. 8122. The Secretary of Defense may present promotional 

materials, including a United States flag, to any member of an Active or Reserve component under the Secretary’s jurisdiction who, as 

determined by the Secretary, participates in Operation Enduring 

Freedom or Operation Iraqi Freedom, along with other recognition 

items in conjunction with any week-long national observation and 

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

SEC. 8123. Section 8013 of the Department of Defense Appropriations Act, 1994 (Public Law 103–139; 107 Stat. 1440) is amended by striking ‘‘the report to the President from the Defense Base 

Closure and Realignment Commission, July 1991’’ and inserting 

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

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

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

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

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

amended by striking ‘‘or Master Chief Petty Officer of the Coast 

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

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

Chiefs of Staff’’. 

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

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

respect to months beginning on or after that date. 

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

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

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

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

the Chairman of the Joint Chiefs of Staff’’. 

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

reflect savings from revised economic assumptions the total amount 

appropriated in title II of this Act is hereby reduced by 

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

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

Provided, That the Secretary of Defense shall allocate this reduction 

proportionally to each budget activity, activity group, subactivity 

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

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

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

2005’’. 

(b) SUPPORT FOR YOUTH ORGANIZATIONS.—

(1) DEFINITIONS.—In this subsection—

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

agency, instrumentality, or other entity of the United States 

Government; and 

(B) the term ‘‘youth organization’’—

(i) means any organization that is designated by 

the President as an organization that is primarily intended to—

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


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(II) provide training in citizenship, leadership, 

physical fitness, service to community, and teamwork; and 

(III) promote the development of character and 

ethical and moral values; and 

(ii) shall include—

(I) the Boy Scouts of America; 

(II) the Girl Scouts of the United States of 

America; 

(III) the Boys Clubs of America; 

(IV) the Girls Clubs of America; 

(V) the Young Men’s Christian Association; 

(VI) the Young Women’s Christian Association; 

(VII) the Civil Air Patrol; 

(VIII) the United States Olympic Committee; 

(IX) the Special Olympics; 

(X) Campfire USA; 

(XI) the Young Marines; 

(XII) the Naval Sea Cadets Corps; 

(XIII) 4–H Clubs; 

(XIV) the Police Athletic League; 

(XV) Big Brothers—Big Sisters of America; 

and 

(XVI) National Guard Youth Challenge. 

(2) IN GENERAL.—

(A) SUPPORT FOR YOUTH ORGANIZATIONS.—

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

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

form of support for a youth organization (including the 

Boy Scouts of America or any group officially affiliated 

with the Boy Scouts of America) that would result in 

that Federal agency providing less support to that 

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

relating to that youth organization) than was provided 

during the preceding fiscal year. This clause shall be 

subject to the availability of appropriations. 

(ii) YOUTH ORGANIZATIONS THAT CEASE TO EXIST.—

Clause (i) shall not apply to any youth organization 

that ceases to exist. 

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

waive the application of clause (i) to any youth organization with respect to each conviction or investigation 

described under subclause (I) or (II) for a period of not 

more than 2 fiscal years if—

(I) any senior officer (including any member of 

the board of directors) of the youth organization is 

convicted of a criminal offense relating to the official duties of that officer or the youth organization 

is convicted of a criminal offense; or 

(II) the youth organization is the subject of a 

criminal investigation relating to fraudulent use or 

waste of Federal funds. 


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(B) TYPES OF SUPPORT.—Support described under this 

paragraph shall include—

(i) holding meetings, camping events, or other activities on Federal property; 

(ii) hosting any official event of such organization; 

(iii) loaning equipment; and 

(iv) providing personnel services and logistical 

support. 

(c) SUPPORT FOR SCOUT JAMBOREES.—

(1) FINDINGS.—Congress makes the following findings: 

(A) Section 8 of article I of the Constitution of the 

United States commits exclusively to Congress the powers 

to raise and support armies, provide and maintain a Navy, 

and make rules for the government and regulation of the 

land and naval forces. 

(B) Under those powers conferred by section 8 of article 

I of the Constitution of the United States to provide, support, and maintain the Armed Forces, it lies within the discretion of Congress to provide opportunities to train the 

Armed Forces. 

(C) The primary purpose of the Armed Forces is to defend our national security and prepare for combat should 

the need arise. 

(D) One of the most critical elements in defending the 

Nation and preparing for combat is training in conditions 

that simulate the preparation, logistics, and leadership required for defense and combat. 

(E) Support for youth organization events simulates the 

preparation, logistics, and leadership required for defending our national security and preparing for combat. 

(F) For example, Boy Scouts of America’s National 

Scout Jamboree is a unique training event for the Armed 

Forces, as it requires the construction, maintenance, and 

disassembly of a ‘‘tent city’’ capable of supporting tens of 

thousands of people for a week or longer. Camporees at the 

United States Military Academy for Girl Scouts and Boy 

Scouts provide similar training opportunities on a smaller 

scale. 

(2) SUPPORT.—Section 2554 of title 10, United States Code, 

is amended by adding at the end the following: 

‘‘(i)(1) The Secretary of Defense shall provide at least the same 

level of support under this section for a national or world Boy Scout 

Jamboree as was provided under this section for the preceding national or world Boy Scout Jamboree. 

‘‘(2) The Secretary of Defense may waive paragraph (1), if the 

Secretary—

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

United States; and 

‘‘(B) reports such a determination to the Congress in a timely manner, and before such support is not provided.’’. 

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

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

5309) is amended—


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52 

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

after ‘‘subsection (a)’’; and 

(2) by adding at the end the following: 

‘‘(e) EQUAL ACCESS.—

‘‘(1) DEFINITION.—In this subsection, the term ‘youth organization’ means any organization described under part B of 

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

serve individuals under the age of 21 years. 

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

or nonpublic forum and that is a recipient of assistance under 

this chapter shall deny equal access or a fair opportunity to 

meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a 

meeting or otherwise participate in that designated open forum, 

limited public forum, or nonpublic forum.’’. 

SEC. 8127. REGULATIONS TO CLARIFY GIFT ACCEPTANCE POLICY

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

The Secretary of Defense shall prescribe regulations to provide that, 

subject to such limitations as may be specified in such regulations, 

members of the Armed Forces described in subsection (c), and the 

family members of such a member, may accept gifts from non-profit 

organizations, private parties, and other sources outside the Department of Defense, other than foreign governments and their agents. 

Such regulations shall apply uniformly to the Army, Navy, Air 

Force, and Marine Corps, and, to the maximum extent feasible, to 

the Coast Guard, and shall apply uniformly to the active and reserve components. 

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

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

United States Code. 

(c) COVERED MEMBERS.—A member of the Armed Forces is described in this subsection in the case of a member who is on active 

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

duty, incurred an injury or illness—

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

States Code; or 

(2) in an operation or area designated as a combat operation or a combat zone, respectively, by the Secretary of Defense 

in accordance with the regulations prescribed under subsection 

(a). 

(d) DEADLINE FOR REGULATIONS.—Regulations under subsection (a) shall be prescribed not later than 90 days after the date 

of the enactment of this Act. 

(e) RETROACTIVE APPLICABILITY OF REGULATIONS.—Regulations 

under subsection (a) shall, to the extent provided in such regulations, also apply to the acceptance of gifts during the period beginning on September 11, 2001, and ending on the date on which such 

regulations go into effect. 

SEC. 8128. Section 106(g) of the Alaska Natural Gas Pipeline 

Act (15 U.S.C. 720d) is amended by striking ‘‘later’’ and inserting 

‘‘earlier’’. 


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53 

SEC. 8129. The present incumbent Attending Physician at the 

U.S. Capitol shall be continued on active duty until ten years after 

the enactment of this Act. 

TITLE IX 

ADDITIONAL APPROPRIATIONS 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$4,713,245,000. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$144,000,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $455,000,000. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, 

$508,000,000. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$138,755,000. 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, 

$10,000,000. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $234,400,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $3,200,000. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $21,348,886,000. 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $1,810,500,000. 


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54 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $1,833,126,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force’’, $2,483,900,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $805,000,000, of which up to $195,000,000, to remain 

available until expended, may be used for payments to reimburse 

Pakistan, Jordan, and other key cooperating nations, for logistical, 

military, and other support provided, or to be provided, to United 

States military operations, notwithstanding any other provision of 

law: Provided, That such payments may be made in such amounts 

as the Secretary of Defense, with the concurrence of the Secretary of 

State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and 

conclusive upon the accounting officers of the United States, and 15 

days following notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide 

quarterly reports to the congressional defense committees on the use 

of funds provided in this paragraph. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $48,200,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $6,400,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $27,950,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force Reserve’’, $5,000,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $183,000,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air 

National Guard’’, $7,200,000. 


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55 

IRAQ FREEDOM FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Iraq Freedom Fund’’, 

$4,658,686,000, to remain available for transfer until September 30, 

2007, only to support operations in Iraq or Afghanistan and classified activities: Provided, That the Secretary of Defense may transfer 

the funds provided herein to appropriations for military personnel; 

operation and maintenance; Overseas Humanitarian, Disaster, and 

Civic Aid; procurement; research, development, test and evaluation; 

and working capital funds: Provided further, That of the amounts 

provided under this heading, $3,048,686,000 shall only be for classified programs, described in further detail in the classified annex 

accompanying this Act: Provided further, That up to $100,000,000 

shall be available for the Department of Homeland Security, 

‘‘United States Coast Guard, Operating Expenses’’: Provided further, 

That not less than $1,360,000,000 shall be available for the Joint 

IED Defeat Task Force: Provided further, That funds transferred 

shall be merged with and be available for the same purposes and 

for the same time period as the appropriation or fund to which 

transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department 

of Defense: Provided further, That upon a determination that all or 

part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be 

transferred back to this appropriation: Provided further, That the 

Secretary of Defense shall, not fewer than 5 days prior to making 

transfers from this appropriation, notify the congressional defense 

committees in writing of the details of any such transfer: Provided 

further, That the Secretary shall submit a report no later than 30 

days after the end of each fiscal quarter to the congressional defense 

committees summarizing the details of the transfer of funds from 

this appropriation. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$232,100,000, to remain available until September 30, 2008. 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, 

$55,000,000, to remain available until September 30, 2008. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $860,190,000, to remain available 

until September 30, 2008. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $273,000,000, to remain available until September 30, 2008. 


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56 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$3,174,900,000, to remain available until September 30, 2008. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, 

$138,837,000, to remain available until September 30, 2008. 

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, 

$116,900,000, to remain available until September 30, 2008. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $38,885,000, to remain available until 

September 30, 2008. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$49,100,000, to remain available until September 30, 2008. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$1,710,145,000, to remain available until September 30, 2008. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air 

Force’’, $115,300,000, to remain available until September 30, 2008. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, 

$17,000,000, to remain available until September 30, 2008. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$17,500,000, to remain available until September 30, 2008. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$182,075,000, to remain available until September 30, 2008. 

NATIONAL GUARD AND RESERVE EQUIPMENT

For an additional amount for ‘‘National Guard and Reserve 

Equipment’’, $1,000,000,000, to remain available until September 

30, 2008. 


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RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Army’’, $13,100,000, to remain available until September 30, 2007. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Air Force’’, $12,500,000, to remain available until September 30, 2007. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Defense-Wide’’, $25,000,000, to remain available until 

September 30, 2007. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital 

Funds’’, $2,516,400,000. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $27,620,000. 

GENERAL PROVISIONS 

SEC. 9001. Appropriations provided in this title are available 

for obligation until September 30, 2006, unless otherwise so provided in this title. 

SEC. 9002. Notwithstanding any other provision of law or of 

this Act, funds made available in this title are in addition to 

amounts provided elsewhere in this Act. 

(TRANSFER OF FUNDS)

SEC. 9003. Upon his determination that such action is necessary in the national interest, the Secretary of Defense may transfer 

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

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

the Secretary shall notify the Congress promptly of each transfer 

made pursuant to the authority in this section: Provided further, 

That the authority provided in this section is in addition to any 

other transfer authority available to the Department of Defense and 

is subject to the same terms and conditions as the authority provided in section 8005 of this Act. 

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

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

activities are deemed to be specifically authorized by the Congress 

for purposes of section 504 of the National Security Act of 1947 (50 

U.S.C. 414). 


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

to finance programs or activities denied by Congress in fiscal years 

2005 or 2006 appropriations to the Department of Defense or to initiate a procurement or research, development, test and evaluation 

new start program without prior written notification to the congressional defense committees. 

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

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

operation and maintenance, not to exceed $500,000,000 may be used 

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

State, to train, equip and provide related assistance only to military 

or security forces of Iraq and Afghanistan to enhance their capability to combat terrorism and to support United States military operations in Iraq and Afghanistan: Provided, That such assistance 

may include the provision of equipment, supplies, services, training, 

and funding: Provided further, That the authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of Defense shall notify the congressional defense committees, 

the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate not 

less than 15 days before providing assistance under the authority of 

this section. 

SEC. 9007. (a) From funds made available in this title to the Department of Defense, not to exceed $500,000,000 may be used, 

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

military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the 

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

Afghanistan. 

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

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

year 2006), the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds 

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

made available pursuant to the authority provided in this section 

or under any other provision of law for the purposes of the programs 

under subsection (a). 

SEC. 9008. Amounts provided in this title for operations in Iraq 

and Afghanistan may be used by the Department of Defense for the 

purchase of up to 20 heavy and light armored vehicles for force protection purposes, notwithstanding price or other limitations specified elsewhere in this Act, or any other provision of law: Provided, 

That the Secretary of Defense shall submit a report in writing no 

later than 30 days after the end of each fiscal quarter notifying the 

congressional defense committees of any purchase described in this 

section, including the cost, purposes, and quantities of vehicles purchased. 

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

Department of Defense for operation and maintenance may be used, 

notwithstanding any other provision of law, to provide supplies, 

services, transportation, including airlift and sealift, and other 

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bility operations in Iraq and Afghanistan: Provided, That the Secretary of Defense shall provide quarterly reports to the congressional 

defense committees regarding support provided under this section. 

SEC. 9010. (a) Not later than 60 days after the date of the enactment of this Act and every 90 days thereafter through the end of 

fiscal year 2006, the Secretary of Defense shall set forth in a report 

to Congress a comprehensive set of performance indicators and 

measures for progress toward military and political stability in 

Iraq. 

(b) The report shall include performance standards and goals 

for security, economic, and security force training objectives in Iraq 

together with a notional timetable for achieving these goals. 

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

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

(A) Key measures of political stability, including the 

important political milestones that must be achieved over 

the next several years. 

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

numbers of trained Iraqi forces, and trends relating to 

numbers and types of ethnic and religious-based hostile encounters. 

(C) An assessment of the estimated strength of the insurgency in Iraq and the extent to which it is composed of 

non-Iraqi fighters. 

(D) A description of all militias operating in Iraq, including the number, size, equipment strength, military effectiveness, sources of support, legal status, and efforts to 

disarm or reintegrate each militia. 

(E) Key indicators of economic activity that should be 

considered the most important for determining the prospects of stability in Iraq, including— (i) unemployment levels; 

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

(iii) hunger and poverty levels. 

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

forces from Iraq. 

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

forces in Iraq, the following: 

(A) The training provided Iraqi military and other 

Ministry of Defense forces and the equipment used by such 

forces. 

(B) Key criteria for assessing the capabilities and readiness of the Iraqi military and other Ministry of Defense 

forces, goals for achieving certain capability and readiness 

levels (as well as for recruiting, training, and equipping 

these forces), and the milestones and notional timetable for 

achieving these goals. 

(C) The operational readiness status of the Iraqi military forces, including the type, number, size, and organizational structure of Iraqi battalions that are—

(i) capable of conducting counterinsurgency operations independently; 


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(ii) capable of conducting counterinsurgency operations with the support of United States or coalition 

forces; or 

(iii) not ready to conduct counterinsurgency operations. 

(D) The rates of absenteeism in the Iraqi military 

forces and the extent to which insurgents have infiltrated 

such forces. 

(E) The training provided Iraqi police and other Ministry of Interior forces and the equipment used by such 

forces. 

(F) Key criteria for assessing the capabilities and readiness of the Iraqi police and other Ministry of Interior 

forces, goals for achieving certain capability and readiness 

levels (as well as for recruiting, training, and equipping), 

and the milestones and notional timetable for achieving 

these goals, including— (i) the number of police recruits that have received 

classroom training and the duration of such instruction; 

(ii) the number of veteran police officers who have 

received classroom instruction and the duration of such 

instruction; 

(iii) the number of police candidates screened by 

the Iraqi Police Screening Service, the number of candidates derived from other entry procedures, and the 

success rates of those groups of candidates; 

(iv) the number of Iraqi police forces who have received field training by international police trainers 

and the duration of such instruction; and 

(v) attrition rates and measures of absenteeism 

and infiltration by insurgents. 

(G) The estimated total number of Iraqi battalions 

needed for the Iraqi security forces to perform duties now 

being undertaken by coalition forces, including defending 

the borders of Iraq and providing adequate levels of law 

and order throughout Iraq. 

(H) The effectiveness of the Iraqi military and police officer cadres and the chain of command. 

(I) The number of United States and coalition advisors 

needed to support the Iraqi security forces and associated 

ministries. 

(J) An assessment, in a classified annex if necessary, of 

United States military requirements, including planned 

force rotations, through the end of calendar year 2006. 

SEC. 9011. Supervision and administration costs associated 

with a construction project funded with appropriations available for 

operation and maintenance, and executed in direct support of the 

Global War on Terrorism only in Iraq and Afghanistan, may be obligated at the time a construction contract is awarded: Provided, 

That for the purpose of this section, supervision and administration 

costs include all in-house Government costs. 

SEC. 9012. Amounts appropriated or otherwise made available 

in this title are designated as making appropriations for contingency operations related to the global war on terrorism pursuant to 


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

TITLE X—MATTERS RELATING TO DETAINEES 

SEC. 1001. SHORT TITLE. 

This title may be cited as the ‘‘Detainee Treatment Act of 2005’’. 

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

DEFENSE. 

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

Department of Defense facility shall be subject to any treatment or 

technique of interrogation not authorized by and listed in the 

United States Army Field Manual on Intelligence Interrogation. 

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

to any person in the custody or under the effective control of the Department of Defense pursuant to a criminal law or immigration law 

of the United States. 

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

to affect the rights under the United States Constitution of any person in the custody or under the physical jurisdiction of the United 

States. 

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

CONTROL OF THE UNITED STATES GOVERNMENT. 

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

physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or 

degrading treatment or punishment. 

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

to impose any geographical limitation on the applicability of the 

prohibition against cruel, inhuman, or degrading treatment or punishment under this section. 

(c) LIMITATION ON SUPERSEDURE.—The provisions of this section shall not be superseded, except by a provision of law enacted 

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

modifies, or supersedes the provisions of this section. 

(d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISH- MENT DEFINED.—In this section, the term ‘‘cruel, inhuman, or degrading treatment or punishment’’ means the cruel, unusual, and 

inhumane treatment or punishment prohibited by the Fifth, Eighth, 

and Fourteenth Amendments to the Constitution of the United 

States, as defined in the United States Reservations, Declarations 

and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment 

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

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

(a) PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL.—In any civil action or criminal prosecution against an officer, employee, member of the Armed Forces, or other agent of the 

United States Government who is a United States person, arising 

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

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tion and interrogation of aliens who the President or his designees 

have determined are believed to be engaged in or associated with 

international terrorist activity that poses a serious, continuing 

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

officially authorized and determined to be lawful at the time that 

they were conducted, it shall be a defense that such officer, employee, member of the Armed Forces, or other agent did not know 

that the practices were unlawful and a person of ordinary sense and 

understanding would not know the practices were unlawful. Good 

faith reliance on advice of counsel should be an important factor, 

among others, to consider in assessing whether a person of ordinary 

sense and understanding would have known the practices to be unlawful. Nothing in this section shall be construed to limit or extinguish any defense or protection otherwise available to any person or 

entity from suit, civil or criminal liability, or damages, or to provide 

immunity from prosecution for any criminal offense by the proper 

authorities. 

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

employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation of an officer, employee, member 

of the Armed Forces, or other agent described in subsection (a), with 

respect to any civil action or criminal prosecution arising out of 

practices described in that subsection, under the same conditions, 

and to the same extent, to which such services and payments are authorized under section 1037 of title 10, United States Code. 

SEC. 1005. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE 

THE UNITED STATES. 

(a) SUBMITTAL OF PROCEDURES FOR STATUS REVIEW OF DE- TAINEES AT GUANTANAMO BAY, CUBA, AND IN AFGHANISTAN AND

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

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

to the Committee on Armed Services and the Committee on the 

Judiciary of the Senate and the Committee on Armed Services 

and the Committee on the Judiciary of the House of Representatives a report setting forth—

(A) the procedures of the Combatant Status Review Tribunals and the Administrative Review Boards established 

by direction of the Secretary of Defense that are in operation at Guantanamo Bay, Cuba, for determining the status of the detainees held at Guantanamo Bay or to provide 

an annual review to determine the need to continue to detain an alien who is a detainee; and 

(B) the procedures in operation in Afghanistan and 

Iraq for a determination of the status of aliens detained in 

the custody or under the physical control of the Department 

of Defense in those countries. 

(2) DESIGNATED CIVILIAN OFFICIAL.—The procedures submitted to Congress pursuant to paragraph (1)(A) shall ensure 

that the official of the Department of Defense who is designated 

by the President or Secretary of Defense to be the final review 

authority within the Department of Defense with respect to decisions of any such tribunal or board (referred to as the ‘‘Designated Civilian Official’’) shall be a civilian officer of the Department of Defense holding an office to which appointments 


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are required by law to be made by the President, by and with 

the advice and consent of the Senate. 

(3) CONSIDERATION OF NEW EVIDENCE.—The procedures 

submitted under paragraph (1)(A) shall provide for periodic review of any new evidence that may become available relating to 

the enemy combatant status of a detainee. 

(b) CONSIDERATION OF STATEMENTS DERIVED WITH COERCION.—

(1) ASSESSMENT.—The procedures submitted to Congress 

pursuant to subsection (a)(1)(A) shall ensure that a Combatant 

Status Review Tribunal or Administrative Review Board, or 

any similar or successor administrative tribunal or board, in 

making a determination of status or disposition of any detainee 

under such procedures, shall, to the extent practicable, assess—

(A) whether any statement derived from or relating to 

such detainee was obtained as a result of coercion; and 

(B) the probative value (if any) of any such statement. 

(2) APPLICABILITY.—Paragraph (1) applies with respect to 

any proceeding beginning on or after the date of the enactment 

of this Act. 

(c) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary 

of Defense shall submit to the committees specified in subsection 

(a)(1) a report on any modification of the procedures submitted 

under subsection (a). Any such report shall be submitted not later 

than 60 days before the date on which such modification goes into 

effect. 

(d) ANNUAL REPORT.—

(1) REPORT REQUIRED.—The Secretary of Defense shall submit to Congress an annual report on the annual review process 

for aliens in the custody of the Department of Defense outside 

the United States. Each such report shall be submitted in unclassified form, with a classified annex, if necessary. The report 

shall be submitted not later than December 31 each year. 

(2) ELEMENTS OF REPORT.—Each such report shall include 

the following with respect to the year covered by the report: 

(A) The number of detainees whose status was reviewed. 

(B) The procedures used at each location. 

(e) JUDICIAL REVIEW OF DETENTION OF ENEMY COMBATANTS.—

(1) IN GENERAL.—Section 2241 of title 28, United States 

Code, is amended by adding at the end the following: 

‘‘(e) Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction 

to hear or consider—

‘‘(1) an application for a writ of habeas corpus filed by or 

on behalf of an alien detained by the Department of Defense at 

Guantanamo Bay, Cuba; or 

‘‘(2) any other action against the United States or its agents 

relating to any aspect of the detention by the Department of Defense of an alien at Guantanamo Bay, Cuba, who—

‘‘(A) is currently in military custody; or 

‘‘(B) has been determined by the United States Court of 

Appeals for the District of Columbia Circuit in accordance 

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tainee Treatment Act of 2005 to have been properly detained as an enemy combatant.’’. 

(2) REVIEW OF DECISIONS OF COMBATANT STATUS REVIEW

TRIBUNALS OF PROPRIETY OF DETENTION.—

(A) IN GENERAL.—Subject to subparagraphs (B), (C), 

and (D), the United States Court of Appeals for the District 

of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision of a Combatant 

Status Review Tribunal that an alien is properly detained 

as an enemy combatant. 

(B) LIMITATION ON CLAIMS.—The jurisdiction of the 

United States Court of Appeals for the District of Columbia 

Circuit under this paragraph shall be limited to claims 

brought by or on behalf of an alien—

(i) who is, at the time a request for review by such 

court is filed, detained by the Department of Defense at 

Guantanamo Bay, Cuba; and 

(ii) for whom a Combatant Status Review Tribunal has been conducted, pursuant to applicable procedures specified by the Secretary of Defense. 

(C) SCOPE OF REVIEW.—The jurisdiction of the United 

States Court of Appeals for the District of Columbia Circuit 

on any claims with respect to an alien under this paragraph shall be limited to the consideration of—

(i) whether the status determination of the Combatant Status Review Tribunal with regard to such 

alien was consistent with the standards and procedures specified by the Secretary of Defense for Combatant Status Review Tribunals (including the requirement that the conclusion of the Tribunal be supported 

by a preponderance of the evidence and allowing a rebuttable presumption in favor of the Government’s evidence); and 

(ii) to the extent the Constitution and laws of the 

United States are applicable, whether the use of such 

standards and procedures to make the determination is 

consistent with the Constitution and laws of the United 

States. 

(D) TERMINATION ON RELEASE FROM CUSTODY.—The 

jurisdiction of the United States Court of Appeals for the 

District of Columbia Circuit with respect to the claims of 

an alien under this paragraph shall cease upon the release 

of such alien from the custody of the Department of Defense. 

(3) REVIEW OF FINAL DECISIONS OF MILITARY COMMISSIONS.—

(A) IN GENERAL.—Subject to subparagraphs (B), (C), 

and (D), the United States Court of Appeals for the District 

of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision rendered pursuant to Military Commission Order No. 1, dated August 31, 

2005 (or any successor military order). 

(B) GRANT OF REVIEW.—Review under this paragraph—


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(i) with respect to a capital case or a case in which 

the alien was sentenced to a term of imprisonment of 

10 years or more, shall be as of right; or 

(ii) with respect to any other case, shall be at the 

discretion of the United States Court of Appeals for the 

District of Columbia Circuit. 

(C) LIMITATION ON APPEALS.—The jurisdiction of the 

United States Court of Appeals for the District of Columbia 

Circuit under this paragraph shall be limited to an appeal 

brought by or on behalf of an alien— (i) who was, at the time of the proceedings pursuant to the military order referred to in subparagraph 

(A), detained by the Department of Defense at Guantanamo Bay, Cuba; and 

(ii) for whom a final decision has been rendered 

pursuant to such military order. 

(D) SCOPE OF REVIEW.—The jurisdiction of the United 

States Court of Appeals for the District of Columbia Circuit 

on an appeal of a final decision with respect to an alien 

under this paragraph shall be limited to the consideration 

of—

(i) whether the final decision was consistent with 

the standards and procedures specified in the military 

order referred to in subparagraph (A); and 

(ii) to the extent the Constitution and laws of the 

United States are applicable, whether the use of such 

standards and procedures to reach the final decision is 

consistent with the Constitution and laws of the United 

States. 

(4) RESPONDENT.—The Secretary of Defense shall be the 

named respondent in any appeal to the United States Court of 

Appeals for the District of Columbia Circuit under this subsection. 

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

to confer any constitutional right on an alien detained as an enemy 

combatant outside the United States. 

(g) UNITED STATES DEFINED.—For purposes of this section, the 

term ‘‘United States’’, when used in a geographic sense, is as defined 

in section 101(a)(38) of the Immigration and Nationality Act and, 

in particular, does not include the United States Naval Station, 

Guantanamo Bay, Cuba. 

(h) EFFECTIVE DATE.— (1) IN GENERAL.—This section shall take effect on the date 

of the enactment of this Act. 

(2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY

COMMISSION DECISIONS.—Paragraphs (2) and (3) of subsection 

(e) shall apply with respect to any claim whose review is governed by one of such paragraphs and that is pending on or after 

the date of the enactment of this Act. 

SEC. 1006. TRAINING OF IRAQI FORCES REGARDING TREATMENT OF 

DETAINEES. 

(a) REQUIRED POLICIES.—

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

that policies are prescribed regarding procedures for military 

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tractor personnel of the Department of Defense in Iraq that are 

intended to ensure that members of the Armed Forces, and all 

persons acting on behalf of the Armed Forces or within facilities 

of the Armed Forces, ensure that all personnel of Iraqi military 

forces who are trained by Department of Defense personnel and 

contractor personnel of the Department of Defense receive training regarding the international obligations and laws applicable 

to the humane detention of detainees, including protections afforded under the Geneva Conventions and the Convention 

Against Torture. 

(2) ACKNOWLEDGMENT OF TRAINING.—The Secretary shall 

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

are provided training referred to in paragraph (1), there is documented acknowledgment of such training having been provided. 

(3) DEADLINE FOR POLICIES TO BE PRESCRIBED.—The policies required by paragraph (1) shall be prescribed not later 

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

(b) ARMY FIELD MANUAL.—

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

for the United States Army Field Manual on Intelligence Interrogation to be translated into arabic and any other language 

the Secretary determines appropriate for use by members of the 

Iraqi military forces. 

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

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

the Iraqi military forces trained by Department of Defense personnel or contractor personnel of the Department of Defense. 

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

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

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

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

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

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

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

Defense shall submit to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of this section. 

This division may be cited as the ‘‘Department of Defense Appropriations Act, 2006’’. 

DIVISION B 

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

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

the Treasury not otherwise appropriated, to address hurricanes in 

the Gulf of Mexico and pandemic influenza for the fiscal year ending September 30, 2006, and for other purposes, namely: 


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TITLE I 

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO 

ADDRESS HURRICANES IN THE GULF OF MEXICO 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

EXECUTIVE OPERATIONS

WORKING CAPITAL FUND

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

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

available until expended: Provided, That the amount provided 

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

AGRICULTURAL RESEARCH SERVICE

BUILDINGS AND FACILITIES

For an additional amount for ‘‘Buildings and Facilities’’, $9,200,000, to remain available until September 30, 2007, for necessary expenses related to the consequences of Hurricane Katrina: 

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

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

budget for fiscal year 2006. 

RURAL DEVELOPMENT PROGRAMS

RURAL COMMUNITY ADVANCEMENT PROGRAM

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

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

Provided, That funds made available under this paragraph shall 

remain available until expended to respond to damage caused by 

hurricanes that occurred during the 2005 calendar year: Provided 

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

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

budget for fiscal year 2006. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by title V of the Housing Act of 

1949 to respond to damage caused by hurricanes that occurred during the 2005 calendar year to be available from the Rural Housing 

Insurance Fund, as follows: $1,468,696,000 for loans to section 502 

borrowers, as determined by the Secretary, of which $175,593,000 

shall be for direct loans and of which $1,293,103,000 shall be for 

unsubsidized guaranteed loans; and $34,188,000 for section 504 

housing repair loans. 


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For the cost of direct and guaranteed loans, including the cost 

of modifying loans, as defined in section 502 of the Congressional 

Budget Act of 1974, as follows, to remain available until expended: 

section 502 loans, $35,000,000, of which $20,000,000 shall be for direct loans, and of which $15,000,000 shall be for unsubsidized 

guaranteed loans; and section 504 housing repair loans, 

$10,000,000: Provided, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 

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

on the budget for fiscal year 2006. 

RURAL HOUSING ASSISTANCE GRANTS

For an additional amount for grants for very low-income housing repairs as authorized by 42 U.S.C. 1474 to respond to damage 

caused by hurricanes that occurred during the 2005 calendar year, 

$20,000,000, to remain available until expended: Provided, That the 

amount provided under this heading is designated as an emergency 

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

Provided further, That these funds are not subject to any age limitation. 

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS

PROGRAM ACCOUNT

For gross obligations for the principal amount of direct rural 

telecommunication loans as authorized by section 306 of the Rural 

Electrification Act of 1936 to respond to damage caused by hurricanes that occurred during the 2005 calendar year, $50,000,000, as 

determined by the Secretary. 

For the cost of loan modifications to rural electric loans made 

or guaranteed under the Rural Electrification Act of 1936 to respond to damage caused by hurricanes that occurred during the 

2005 calendar year, $8,000,000, to remain available until expended: 

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

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

budget for fiscal year 2006. 

FOOD AND NUTRITION SERVICE COMMODITY ASSISTANCE PROGRAM

For an additional amount for ‘‘Commodity Assistance Program’’

for necessary expenses related to the consequences of Hurricane 

Katrina, $10,000,000, to remain available until expended, of which 

$6,000,000 shall be for The Emergency Food Assistance Program 

and $4,000,000 shall be for the Commodity Supplemental Food Program: Provided, That notwithstanding any other provisions of the 

Emergency Food Assistance Act of 1983 (the ‘‘Act’’), the Secretary 

may allocate additional foods and funds for administrative expenses 

from resources specifically appropriated, transferred, or reprogrammed to restore to states resources used to assist families and 

individuals displaced by the hurricanes of calendar year 2005 

among the states without regard to sections 204 and 214 of the Act: 

Provided further, That such programs may operate in any area 


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69 

where emergency feeding organizations develop a program to provide temporary emergency nonprofit food service to families and individuals displaced by the hurricanes of calendar year 2005: Provided further, That the amounts provided under this heading are 

designated as an emergency requirement pursuant to section 402 of 

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

budget for fiscal year 2006. 

GENERAL PROVISIONS—THIS CHAPTER

SEC. 101. EMERGENCY CONSERVATION PROGRAM. (a) IN GEN- ERAL.—There is hereby appropriated $199,800,000, to remain available until expended, to provide assistance under the emergency conservation program established under title IV of the Agricultural 

Credit Act of 1978 (16 U.S.C. 2201 et seq.) for expenses resulting 

from hurricanes that occurred during the 2005 calendar year. 

(b) ASSISTANCE TO NURSERY, OYSTER, AND POULTRY PRO- DUCERS.—In carrying out this section, the Secretary shall make payments to nursery, oyster, and poultry producers to pay for up to 90 

percent of the cost of emergency measures to rehabilitate public and 

private oyster reefs or farmland damaged by hurricanes that occurred during the 2005 calendar year, including the cost of— (1) cleaning up structures, such as barns and poultry 

houses; 

(2) providing water to livestock; 

(3) in the case of nursery producers, removing debris, such 

as nursery structures, shade-houses, and above-ground irrigation facilities; 

(4) in the case of oyster producers, refurbishing oyster beds; 

and 

(5) in the case of poultry producers, removing poultry house 

debris, including carcasses. 

(c) POULTRY RECOVERY ASSISTANCE.— (1) IN GENERAL.—The Secretary shall not use more than $20,000,000 of the funds made available under this section to 

provide assistance to poultry growers who suffered uninsured 

losses to poultry houses in counties affected by hurricanes that 

occurred during the 2005 calendar year. 

(2) LIMITATIONS.—The amount of assistance provided to a 

poultry grower under this subsection may not exceed the lesser 

of— (A) 50 percent of the total costs associated with the reconstruction or repair of a poultry house; or 

(B) $50,000 for each poultry house. 

(3) LIMIT ON AMOUNT OF ASSISTANCE.—The total amount of 

assistance provided under this subsection, and any indemnities 

for losses to a poultry house paid to a poultry grower, may not 

exceed 90 percent of the total costs associated with the reconstruction or repair of a poultry house. 

(d) ASSISTANCE TO PRIVATE NONINDUSTRIAL FOREST LANDOWNERS.—

(1) ELIGIBILITY.—To be eligible to receive a payment under 

this section, a private nonindustrial forest landowner shall (as 

determined by the Secretary)—

(A) have suffered a loss of, or damage to, at least 35 

percent of forest acres on commercial forest land of the forVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00069 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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70 

est landowner in a county affected by hurricanes that occurred during the 2005 calendar year, or a related condition; and 

(B) during the 5-year period beginning on the date of 

the loss—

(i) reforest the lost forest acres, in accordance with 

a plan approved by the Secretary that is appropriate 

for the forest type; 

(ii) use best management practices on the forest 

land of the landowner, in accordance with the best 

management practices of the Secretary for the applicable State; and 

(iii) exercise good stewardship on the forest land of 

the landowner, while maintaining the land in a forested state. 

(2) PROGRAM.—The Secretary shall make payments under 

this subsection to private nonindustrial forest landowners to 

pay for up to 75 percent of the cost of reforestation, rehabilitation, and related measures, except that the amount of assistance 

provided under this subsection shall not exceed $150 per acre. 

(e) ELIGIBILITY.—Failure to comply with subtitle C of title XII 

of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) shall not 

prevent an agricultural producer from receiving assistance under 

this section. 

(f) EMERGENCY DESIGNATION.—The amount provided under 

this section is designated as an emergency requirement pursuant to 

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

SEC. 102. EMERGENCY WATERSHED PROTECTION PROGRAM. (a) 

IN GENERAL.—There is hereby appropriated $300,000,000, to remain available until expended, to provide assistance under the 

emergency watershed protection program established under section 

403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to repair 

damages resulting from hurricanes that occurred during the 2005 

calendar year. 

(b) ASSISTANCE.—In carrying out this section, the Secretary 

shall make payments to landowners and land users to pay for up 

to 75 percent of the cost resulting from damage caused by hurricanes that occurred during the 2005 calendar year, or a related condition, including the cost of— (1) cleaning up structures on private land; and 

(2) reimbursing private nonindustrial forest landowners for 

costs associated with downed timber removal, except that the 

amount of assistance provided under this paragraph shall not 

exceed $150 per acre. 

(c) Notwithstanding any other provision of law, the Secretary, 

acting through the Natural Resources Conservation Service, using 

funds made available under this section, may provide financial and 

technical assistance to remove and dispose of debris and animal 

carcasses that could adversely affect health and safety on non-Federal land in a hurricane-affected county. 

(d) EMERGENCY DESIGNATION.—The amount provided under 

this section is designated as an emergency requirement pursuant to 

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


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SEC. 103. Notwithstanding any other provision of law, funds 

appropriated under this Act to the Secretary of Agriculture may be 

used to reimburse accounts of the Secretary that have been used to 

pay costs incurred to respond to damage caused by hurricanes that 

occurred during the 2005 calendar year if those costs could have 

been paid with such appropriated funds if such costs had arisen 

after the date of enactment of this Act. 

SEC. 104. Funds provided for hurricanes that occurred during 

the 2005 calendar year under the headings, ‘‘Rural Housing Insurance Fund’’ and ‘‘Rural Housing Assistance Grants’’, may be transferred between such accounts at the Secretary’s discretion. 

SEC. 105. (a) Notwithstanding any other provision of this title, 

with respect to the counties affected by hurricanes in the 2005 calendar year and for any individuals who resided in such counties at 

the time of the disaster the Secretary of Agriculture may, for a 6- 

month period that begins upon the date of the enactment of this 

Act—

(1) convert rental assistance under section 521 of the Housing Act of 1949 (42 U.S.C. 1490a) allocated for a property that 

is not decent, safe, and sanitary because of the disaster into 

rural housing vouchers authorized under title V of the Housing 

Act of 1949; 

(2) guarantee loans under section 502(h) of the Housing Act 

of 1949 (42 U.S.C. 1472(h)) to—

(A) repair and rehabilitate single-family residences; 

and 

(B) refinance any loan made to a single-family resident 

used to acquire or construct the single-family residence if 

such residence meets the requirements of subparagraphs 

(A), (B), and (C) of section 502(h)(4) of the Housing Act of 

1949 (42 U.S.C. 1472(h)(4)); 

(3) waive the application of the rural area or similar limitations under any program funded through an appropriations 

act and administered by the Rural Development Mission Area; 

(4) issue housing vouchers under section 542 of the Housing 

Act of 1949 (42 U.S.C. 1490r), except that—

(A) notwithstanding the first sentence of subsection (a) 

of section 542 of such Act, the Secretary may assist low-income families and persons whose residence has become uninhabitable or inaccessible as a result of a 2005 hurricane; 

and 

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

not apply; 

(5) provide loans, loan guarantees and grants from the Renewable Energy System and Energy Efficiency Improvements 

Program authorized in section 9006 of the Farm Security and 

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

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

(B) without regard to any limitation of the grant 

amount; and 

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


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72 

(6) provide grants under the Value-added Agricultural 

Product Market Development Grant Program and Rural Cooperative Development Grant Program without regard to any 

grant amount limitations or matching requirements; and 

(7) provide grants under the Community Facilities Grant 

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

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

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

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

for fiscal year 2006. 

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

Food and Drug Administration and Related Agencies Appropriations Act, 2006 (Public Law 109–97) is amended to read as follows: ‘‘SEC. 759. None of the funds appropriated or otherwise made 

available under this or any other Act shall be used to pay the salaries and expenses of personnel to expend more than $12,000,000 of 

the funds initially made available for fiscal year 2006 by section 

310(a)(2) of the Biomass Research and Development Act of 2000 (7 

U.S.C. 7624 note).’’. 

SEC. 107. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM. 

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

3831) is amended by adding at the end the following: ‘‘(k) EMERGENCY FORESTRY CONSERVATION RESERVE PRO- GRAM.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) MERCHANTABLE TIMBER.—The term ‘merchantable 

timber’ means timber on private nonindustrial forest land 

on which the average tree has a trunk diameter of at least 

6 inches measured at a point no less than 4.5 feet above the 

ground. ‘‘(B) PRIVATE NONINDUSTRIAL FOREST LAND.—The term ‘private nonindustrial forest land’ includes State school 

trust land. 

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

shall carry out an emergency pilot program in States that the 

Secretary determines have suffered damage to merchantable 

timber in counties affected by hurricanes during the 2005 calendar year. ‘‘(3) ELIGIBLE ACREAGE.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B) and 

the availability of funds under subparagraph (G), an owner 

or operator may enroll private nonindustrial forest land in 

the conservation reserve under this subsection. 

‘‘(B) DETERMINATION OF DAMAGES.—Eligibility for enrollment shall be limited to owners and operators of private 

nonindustrial forest land that have experienced a loss of 35 

percent or more of merchantable timber in a county affected 

by hurricanes during the 2005 calendar year. 

‘‘(C) EXEMPTIONS.—Acreage enrolled in the conservation reserve under this subsection shall not count toward—

‘‘(i) county acreage limitations described in section 

1243(b); or 

‘‘(ii) the maximum enrollment described in subsection (d). 


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73 

‘‘(D) DUTIES OF OWNERS AND OPERATORS.—As a condition of entering into a contract under this subsection, during the term of the contract, the owner or operator of private nonindustrial forest land shall agree—

‘‘(i) to restore the land, through site preparation 

and planting of similar species as existing prior to hurricane damages or to the maximum extent practicable 

with other native species, as determined by the Secretary; and 

‘‘(ii) to establish temporary vegetative cover the 

purpose of which is to prevent soil erosion on the eligible acreage, as determined by the Secretary. 

‘‘(E) DUTIES OF THE SECRETARY.—

‘‘(i) IN GENERAL.—In return for a contract entered 

into by an owner or operator of private nonindustrial 

forest land under this subsection, the Secretary shall 

provide, at the option of the landowner—

‘‘(I) notwithstanding the limitation in section 

1234(f)(1), a lump sum payment; or 

‘‘(II) annual rental payments. 

‘‘(ii) CALCULATION OF LUMP SUM PAYMENT.—The 

lump sum payment described in clause (i)(I) shall be 

calculated using a net present value formula, as determined by the Secretary, based on the total amount a 

producer would receive over the duration of the contract. 

‘‘(iii) CALCULATION OF ANNUAL RENTAL PAYMENTS.—The annual rental payment described in 

clause (i)(II) shall be equal to the average rental rate 

for conservation reserve contracts in the county in 

which the land is located. 

‘‘(iv) ROLLING SIGNUP.—The Secretary shall offer a 

rolling signup for contracts under this subsection. 

‘‘(v) DURATION OF CONTRACTS.—A contract entered 

into under this subsection shall have a term of 10 

years. 

‘‘(F) BALANCE OF NATURAL RESOURCES.—In determining the acceptability of contract offers under this subsection, the Secretary shall consider an equitable balance 

among the purposes of soil erosion prevention, water quality improvement, wildlife habitat restoration, and mitigation of economic loss. 

‘‘(G) FUNDING.—The Secretary shall use $404,100,000, 

to remain available until expended, of funds of the Commodity Credit Corporation to carry out this subsection. 

‘‘(H) DETERMINATIONS BY SECRETARY.—A determination made by the Secretary under this subsection shall be 

final and conclusive. 

‘‘(I) REGULATIONS.—

‘‘(i) IN GENERAL.—Not later than 90 days after the 

date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to implement this subsection. 


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74 

‘‘(ii) PROCEDURE.—The promulgation of regulations and administration of this subsection shall be 

made without regard to—

‘‘(I) the notice and comment provisions of section 553 of title 5, United States Code; 

‘‘(II) the Statement of Policy of the Secretary of 

Agriculture effective July 24, 1971 (36 Fed. reg. 

13804), relating to notices of proposed rulemaking 

and public participation in rulemaking; and 

‘‘(III) chapter 35 of title 44, United States Code 

(commonly known as the ‘Paperwork Reduction 

Act’). 

‘‘(iii) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this subsection, the Secretary 

shall use the authority provided under section 808 of 

title 5, United States Code.’’. 

(b) EMERGENCY DESIGNATION.—The amount provided under 

this section is designated as an emergency requirement pursuant to 

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

CHAPTER 2 

DEPARTMENT OF DEFENSE 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$29,830,000, to remain available until September 30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$57,691,000, to remain available until September 30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $14,193,000, to remain available until September 30, 2006, 

for necessary expenses related to the consequences of hurricanes in 

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

amount provided under this heading is designated as an emergency 

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


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MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, 

$105,034,000, to remain available until September 30, 2006, for 

necessary expenses related to the consequences of hurricanes in the 

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

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

the concurrent resolution on the budget for fiscal year 2006. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$11,100,000, to remain available until September 30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, 

$33,015,000, to remain available until September 30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $3,028,000, to remain available until September 30, 2006, 

for necessary expenses related to the consequences of hurricanes in 

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

amount provided under this heading is designated as an emergency 

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

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’, 

$2,370,000, to remain available until September 30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $220,556,000, to remain available until September 30, 2006, 

for necessary expenses related to the consequences of hurricanes in 

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

amount provided under this heading is designated as an emergency 


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76 

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

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $77,718,000, to remain available until September 30, 2006, 

for necessary expenses related to the consequences of hurricanes in 

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

amount provided under this heading is designated as an emergency 

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

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $156,166,000, to remain available until September 30, 2006, 

for necessary expenses related to the consequences of hurricanes in 

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

amount provided under this heading is designated as an emergency 

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

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $544,690,000, to remain available until September 30, 2006, 

for necessary expenses related to the consequences of hurricanes in 

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

amount provided under this heading is designated as an emergency 

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

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $7,343,000, to remain available until September 30, 

2006, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force’’, $554,252,000, to remain available until September 30, 2006, 

for necessary expenses related to the consequences of hurricanes in 

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

amount provided under this heading is designated as an emergency 

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


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OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $29,027,000, to remain available until September 30, 

2006, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $16,118,000, to remain available until September 

30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $480,084,000, to remain available until September 

30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $16,331,000, to remain available until September 30, 2006, for necessary expenses related to the consequences 

of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force Reserve’’, $2,366,000, to remain available until September 30, 

2006, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 


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78 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $98,855,000, to remain available until September 30, 2006, for necessary expenses related to the consequences 

of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air 

National Guard’’, $48,086,000, to remain available until September 

30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

PROCUREMENT 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $1,600,000, to remain available 

until September 30, 2008, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 

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

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

budget for fiscal year 2006. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $1,000,000, to remain available until September 30, 2008, 

for necessary expenses related to the consequences of hurricanes in 

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

amount provided under this heading is designated as an emergency 

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

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$43,390,000, to remain available until September 30, 2008, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 


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79 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, $3,856,000, to remain available until September 30, 2008, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $2,600,000, to remain available until 

September 30, 2008, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 

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

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

budget for fiscal year 2006. 

SHIPBUILDING AND CONVERSION, NAVY

For an additional amount for ‘‘Shipbuilding and Conversion, 

Navy’’, $1,987,000,000, to remain available until September 30, 

2010, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005, which shall be 

available for transfer within this account to replace destroyed or 

damaged equipment, prepare and recover naval vessels under contract; and provide for cost adjustments for naval vessels for which 

funds have been previously appropriated: Provided, That this transfer authority is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That the Secretary 

of Defense shall, not fewer than 15 days prior to making transfers 

within this appropriation, notify the congressional defense committees in writing of the details of any such transfer: Provided further, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$76,675,000, to remain available until September 30, 2008, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$162,315,000, to remain available until September 30, 2008, for 

necessary expenses related to the consequences of hurricanes in the 

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

provided under this heading is designated as an emergency requireVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00079 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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

the concurrent resolution on the budget for fiscal year 2006. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$12,082,000, to remain available until September 30, 2008, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

NATIONAL GUARD AND RESERVE EQUIPMENT

For an additional amount for ‘‘National Guard and Reserve 

Equipment’’, $19,260,000, to remain available until September 30, 

2008, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Navy’’, $2,462,000, to remain available until September 

30, 2007, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Air Force’’, $6,200,000, to remain available until September 30, 2007, for necessary expenses related to the consequences 

of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Defense-Wide’’, $32,720,000, to remain available until 

September 30, 2007, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 

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

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

budget for fiscal year 2006. 


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REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital 

Funds’’, $7,224,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

TRUST FUNDS

SURCHARGE COLLECTIONS, SALES OF COMMISSARY STORES, DEFENSE

For an additional amount for ‘‘Surcharge Collections, Sales of 

Commissary Stores, Defense’’, $44,341,000, to remain available 

until expended, for necessary expenses related to the consequences of 

hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$201,550,000, of which $172,958,000 shall be for Operation and 

Maintenance, and of which $28,592,000 shall be for Procurement, 

to remain available until September 30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That the amounts provided 

under this heading are designated as an emergency requirement 

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

concurrent resolution on the budget for fiscal year 2006. 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of the Inspector General’’, 

$310,000, to remain available until September 30, 2006, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 

GENERAL PROVISIONS—THIS CHAPTER 

(TRANSFER OF FUNDS)

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

to ensure the appropriate allocation of funds provided in this chapter, the Secretary of Defense may transfer up to $500,000,000 of the 

funds made available to the Department of Defense in this chapter 

between such appropriations: Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to this 


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authority: Provided further, That the transfer authority provided in 

this section is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That the amount 

made available by the transfer of the funds in or pursuant to this 

section is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006. 

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

States Code, the Secretary of Defense may authorize a member of 

the Armed Forces on active duty who performed duties in support 

of disaster relief operations in connection with hurricanes in the 

Gulf of Mexico in calendar year 2005 and who, except for this section, would lose any accumulated leave in excess of 60 days at the 

end of fiscal year 2005 to retain an accumulated leave total not to 

exceed 120 days leave. Except as provided in section 701(f) of title 

10, United States Code, leave in excess of 60 days accumulated 

under this section is lost unless used by the member before October 

1, 2007. 

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

Defense may prescribe a temporary adjustment in the geographic location rates of the basic allowance for housing in a military housing 

area located within an area declared a major disaster under the 

Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 

5121 et seq.) resulting from hurricanes in the Gulf of Mexico in calendar year 2005. 

(1) Such temporary adjustment shall be based upon the 

Secretary’s redetermination of housing costs in an affected area 

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

for an affected area. 

(2) Members in an affected military housing area must certify that an increased housing cost above the current rate for an 

affected area has been incurred in order to be eligible for the 

temporary rate adjustment. 

(3) No temporary adjustment may be made after September 

30, 2006. No assistance provided to individual households 

under this heading may extend beyond January 1, 2007. Further, the Secretary is authorized to reduce or eliminate any temporary adjustment granted under paragraph (1) prior to such 

date as appropriate. 

SEC. 204. Funds appropriated by this chapter may be obligated 

and expended notwithstanding section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). 

SEC. 205. (a) The total amount appropriated or otherwise made 

available in this chapter is hereby reduced by $737,089,000. 

(b) The Secretary of Defense shall allocate this reduction proportionately to each applicable appropriation account. 

(c) The reduction in subsection (a) shall not apply to budget authority appropriated or otherwise made available to the Defense 

Health Program account. 


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CHAPTER 3 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

INVESTIGATIONS

For an additional amount for ‘‘Investigations’’ to expedite studies of flood and storm damage reduction related to the consequences 

of hurricanes in the Gulf of Mexico and Atlantic Ocean in 2005, 

$37,300,000, to remain available until expended: Provided, That 

using $10,000,000 of the funds provided, the Secretary shall conduct an analysis and design for comprehensive improvements or 

modifications to existing improvements in the coastal area of Mississippi in the interest of hurricane and storm damage reduction, 

prevention of saltwater intrusion, preservation of fish and wildlife, 

prevention of erosion, and other related water resource purposes at 

full Federal expense: Provided further, That the Secretary shall recommend a cost-effective project, but shall not perform an incremental benefit-cost analysis to identify the recommended project, 

and shall not make project recommendations based upon maximizing net national economic development benefits: Provided further, That interim recommendations for near term improvements 

shall be provided within 6 months of enactment of this Act with 

final recommendations within 24 months of enactment: Provided 

further, That none of the $12,000,000 provided herein for the Louisiana Hurricane Protection Study shall be available for expenditure until the State of Louisiana establishes a single state or quasistate entity to act as local sponsor for construction, operation and 

maintenance of all of the hurricane, storm damage reduction and 

flood control projects in the greater New Orleans and southeast Louisiana area: Provided further, That the amount provided under this 

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

CONSTRUCTION

For additional amounts for ‘‘Construction’’ to rehabilitate and 

repair Corps projects related to the consequences of hurricanes in 

the Gulf of Mexico and Atlantic Ocean in 2005, $101,417,000, to remain available until expended: Provided, That the amount provided 

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

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

For an additional amount for ‘‘Flood Control, Mississippi River 

and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee’’ to cover the additional costs of 

mat laying and other repairs to the Mississippi River channel and 

associated levee repairs related to the consequences of hurricanes in 


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the Gulf of Mexico in 2005, $153,750,000, to remain available until 

expended: Provided, That the amount provided under this heading 

is designated as an emergency requirement pursuant to section 402 

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

the budget for fiscal year 2006. 

OPERATION AND MAINTENANCE

For an additional amount for ‘‘Operation and Maintenance’’ to 

dredge navigation channels and repair other Corps projects related 

to the consequences of hurricanes in the Gulf of Mexico and Atlantic 

Ocean in 2005, $327,517,000, to remain available until expended: 

Provided, That $75,000,000 of this amount shall be used for authorized operation and maintenance activities along the Mississippi 

River-Gulf Outlet channel: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 

the concurrent resolution on the budget for fiscal year 2006. 

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ‘‘Flood Control and Coastal 

Emergencies’’, as authorized by section 5 of the Flood Control Act 

of August 18, 1941, as amended (33 U.S.C. 701n), for emergency response to and recovery from coastal storm damages and flooding related to the consequences of hurricanes in the Gulf of Mexico and 

Atlantic Ocean in 2005, $2,277,965,000, to remain available until 

expended: Provided, That in using the funds appropriated for construction related to Hurricane Katrina in the areas covered by the 

disaster declaration made by the President under the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act, Public Law 

93–288, 88 Stat. 143, as amended (42 U.S.C. 5121 et seq.), the Secretary of the Army, acting through the Chief of Engineers, is directed to restore the flood damage reduction and hurricane and 

storm damage reduction projects, and related works, to provide the 

level of protection for which they were designed, at full Federal expense: Provided further, That $75,000,000 of this amount shall be 

used to accelerate completion of unconstructed portions of authorized projects in the State of Mississippi along the Mississippi Gulf 

Coast at full Federal expense: Provided further, That $544,460,000 

of this amount shall be used to accelerate completion of 

unconstructed portions of authorized hurricane, storm damage reduction and flood control projects in the greater New Orleans and 

south Louisiana area at full Federal expense: Provided further, 

That $70,000,000 of this amount shall be available to prepare for 

flood, hurricane and other natural disasters and support emergency 

operations, repair and other activities in response to flood and hurricane emergencies as authorized by law: Provided further, That the 

amount provided under this heading is designated as an emergency 

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

GENERAL EXPENSES

For an additional amount for ‘‘General Expenses’’ for increased 

efforts by the Mississippi Valley Division to oversee emergency response and recovery activities related to the consequences of hurriVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00084 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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canes in the Gulf of Mexico in 2005, $1,600,000, to remain available 

until expended: Provided, That the amount provided under this 

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

CHAPTER 4 

DEPARTMENT OF HOMELAND SECURITY 

CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ to repair 

and replace critical equipment and property damaged by hurricanes 

and other natural disasters, $24,100,000: Provided, That the 

amount provided under this heading is designated as an emergency 

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

CONSTRUCTION

For an additional amount for ‘‘Construction’’ to rebuild and repair structures damaged by hurricanes and other natural disasters, 

$10,400,000, to remain available until expended: Provided, That the 

amount provided under this heading is designated as an emergency 

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

IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ to repair 

and replace critical equipment and property damaged by hurricanes 

and other natural disasters, $13,000,000: Provided, That the 

amount provided under this heading is designated as an emergency 

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

UNITED STATES COAST GUARD

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’ for necessary expenses related to the consequences of hurricanes and other 

natural disasters, $132,000,000, to remain available until expended, 

of which up to $400,000 may be transferred to ‘‘Environmental 

Compliance and Restoration’’ to be used for environmental cleanup 

and restoration of Coast Guard facilities; and of which up to 

$525,000 may be transferred to ‘‘Research, Development, Test, and 

Evaluation’’ to be used for salvage and repair of research and development equipment and facilities: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 

the concurrent resolution on the budget for fiscal year 2006. 


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ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for ‘‘Acquisition, Construction, and 

Improvements’’ for necessary expenses related to the consequences of hurricanes and other natural disasters, $74,500,000, to remain 

available until expended, for major repair and reconstruction 

projects and for vessels currently under construction: Provided, That 

such amounts shall also be available for expenses to replace destroyed or damaged equipment; prepare and recover United States 

Coast Guard vessels under contract; reimburse for delay, loss of efficiency and disruption, and other related costs; make equitable adjustments and provisional payments to contracts for Coast Guard 

vessels for which funds have been previously appropriated: Provided 

further, That the amount provided under this heading is designated 

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

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

for fiscal year 2006. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ for 

equipment, vehicle replacement, and personnel relocation due to the 

consequences of hurricanes and other natural disasters, $3,600,000: 

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

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

budget for fiscal year 2006. 

OFFICE FOR DOMESTIC PREPAREDNESS

STATE AND LOCAL PROGRAMS

For an additional amount for ‘‘State and Local Programs’’ for 

equipment replacement related to hurricanes and other natural disasters, $10,300,000: Provided, That the amount provided under this 

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

FEDERAL EMERGENCY MANAGEMENT AGENCY

ADMINISTRATIVE AND REGIONAL OPERATIONS

For an additional amount for ‘‘Administrative and Regional 

Operations’’ for necessary expenses related to hurricanes and other natural disasters, $17,200,000, to remain available until expended: 

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

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

budget for fiscal year 2006. 

DISASTER RELIEF

(TRANSFER OF FUNDS)

In addition, of the amounts appropriated under this heading in 

Public Law 109–62, $1,500,000 shall be transferred to the ‘‘Disaster 

Assistance Direct Loan Program Account’’ for administrative exVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00086 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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penses to carry out the direct loan program, as authorized by section 

417 of the Stafford Act: Provided, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

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

resolution on the budget for fiscal year 2006. 

GENERAL PROVISION—THIS CHAPTER

SEC. 401. Notwithstanding 10 U.S.C. 701(b), the Secretary of 

the Department of Homeland Security may authorize a member on 

active duty who performed duties in support of Hurricanes Katrina 

or Rita disaster relief operations and who, except for this section, 

would lose any accumulated leave in excess of 60 days at the end 

of fiscal year 2005, to retain an accumulated leave total not to exceed 120 days leave. Leave in excess of 60 days accumulated under 

this section is lost unless it is used by the member before October 

1, 2007. 

CHAPTER 5 

DEPARTMENT OF THE INTERIOR 

UNITED STATES FISH AND WILDLIFE SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for response, 

cleanup, recovery, repair and reconstruction expenses related to hurricanes in the Gulf of Mexico in calendar year 2005, $30,000,000, 

to remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 

the concurrent resolution on the budget for fiscal year 2006. 

NATIONAL PARK SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for response, 

cleanup, recovery, repair and reconstruction expenses related to hurricanes in the Gulf of Mexico in calendar year 2005, $19,000,000, 

to remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 

the concurrent resolution on the budget for fiscal year 2006. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and Research’’, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005 and for repayment of advances to other appropriation accounts from which funds 

were transferred for such purposes, $5,300,000, to remain available 

until expended: Provided, That the amount provided under this 

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


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MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For an additional amount for ‘‘Royalty and Offshore Minerals 

Management’’, for necessary expenses related to the consequences of 

hurricanes in the Gulf of Mexico in calendar year 2005 and for repayment of advances to other appropriation accounts from which 

funds were transferred for such purposes, $16,000,000, to remain 

available until expended: Provided, That the amount provided 

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

ENVIRONMENTAL PROTECTION AGENCY 

LEAKING UNDERGROUND STORAGE TANK PROGRAM

For an additional amount for ‘‘Leaking Underground Storage 

Tank Program’’, not to exceed $85,000 per project, $8,000,000, to remain available until expended, for necessary expenses related to the 

consequences of hurricanes in the Gulf of Mexico in calendar year 

2005: Provided, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

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

budget for fiscal year 2006. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

STATE AND PRIVATE FORESTRY

For an additional amount for ‘‘State and Private Forestry’’, 

$30,000,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That the amount provided 

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

NATIONAL FOREST SYSTEM

For an additional amount for ‘‘National Forest System’’, 

$20,000,000, to remain available until expended, for necessary expenses, including hazardous fuels reduction, related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 

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

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

budget for fiscal year 2006. 

CAPITAL IMPROVEMENT AND MAINTENANCE

For an additional amount for ‘‘Capital Improvement and Maintenance’’, $7,000,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf 

of Mexico in calendar year 2005: Provided, That the amount provided under this heading is designated as an emergency requireVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00088 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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

the concurrent resolution on the budget for fiscal year 2006. 

CHAPTER 6 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For an additional amount for ‘‘Training and Employment Services’’ to award national emergency grants under section 173 of the 

Workforce Investment Act of 1998 related to the consequences of 

hurricanes in the Gulf of Mexico in calendar year 2005, 

$125,000,000, to remain available until June 30, 2006: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006: Provided further, That these sums may be used to replace grant funds previously obligated to the impacted areas. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

Funds provided under this heading in Public Law 108–447 

which have been allocated to the States of Alabama, Louisiana, and 

Mississippi for activities authorized by title III of the Social Security Act, as amended, shall remain available for obligation by such 

States through September 30, 2006, except that funds used for automation by such States shall remain available through September 

30, 2008. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

ADMINISTRATION FOR CHILDREN AND FAMILIES

SOCIAL SERVICES BLOCK GRANT

For an additional amount for ‘‘Social Services Block Grant’’, $550,000,000, for necessary expenses related to the consequences of 

hurricanes in the Gulf of Mexico in calendar year 2005, notwithstanding section 2003 and paragraphs (1) and (4) of section 2005(a) 

of the Social Security Act (42 U.S.C. 1397b and 1397d(a)): Provided, That in addition to other uses permitted by title XX of the 

Social Security Act, funds appropriated under this heading may be 

used for health services (including mental health services) and for 

repair, renovation and construction of health facilities (including 

mental health facilities): Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 

the concurrent resolution on the budget for fiscal year 2006. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

For an additional amount for ‘‘Children and Families Services 

Programs’’, $90,000,000, for Head Start to serve children displaced 

by hurricanes in the Gulf of Mexico in calendar year 2005, notwithstanding sections 640(a)(1) and 640(g)(1) of the Head Start Act, and 


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to cover the costs of renovating those Head Start facilities which 

were affected by these hurricanes, to the extent reimbursements from 

FEMA and insurance companies do not fully cover such costs: Provided, That the amount provided under this heading is designated 

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

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

for fiscal year 2006. 

DEPARTMENT OF EDUCATION 

For assisting in meeting the educational needs of individuals 

affected by hurricanes in the Gulf of Mexico in calendar year 2005, 

$1,600,000,000, to remain available through September 30, 2006, of 

which $750,000,000 shall be available to State educational agencies 

until expended to carry out section 102 of title IV, division B of this 

Act, $5,000,000 shall be available to carry out section 106 of title 

IV, division B of this Act, $645,000,000 shall be available to carry 

out section 107 of title IV, division B of this Act, and $200,000,000 

shall be available to provide assistance under the programs authorized by subparts 3 and 4 of part A, part C of title IV, and part B 

of title VII of the Higher Education Act of 1965, for students attending institutions of higher education (as defined in section 102 of 

that Act) that are located in an area in which a major disaster has 

been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act related to hurricanes in the Gulf of Mexico in calendar year 2005 and who qualify 

for assistance under subparts 3 and 4 of part A and part C of title 

IV of the Higher Education Act of 1965, to provide emergency assistance based on demonstrated need to institutions of higher education 

that are located in an area affected by hurricanes in the Gulf of 

Mexico in calendar year 2005 and were forced to close, relocate or 

significantly curtail their activities as a result of damage directly 

sustained by such hurricanes, and to provide payments to institutions of higher education to help defray the unexpected expenses associated with enrolling displaced students from institutions of higher education at which operations have been disrupted due to hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

of the $200,000,000 described in the preceding proviso, $95,000,000 

shall be for the Mississippi Institutes of Higher Learning to provide 

assistance under such title IV programs, notwithstanding any requirements relating to matching, Federal share, reservation of 

funds, or maintenance of effort that would otherwise be applicable 

to that assistance; $95,000,000 shall be for the Louisiana Board of 

Regents to provide emergency assistance based on demonstrated 

need under part B of title VII of the Higher Education Act of 1965, 

which may be used for student financial assistance, faculty and 

staff salaries, equipment and instruments, or any purpose authorized under the Higher Education Act of 1965, to institutions of higher education that are located in an area affected by hurricanes in 

the Gulf of Mexico in calendar year 2005; and $10,000,000 shall be 

available to the Secretary of Education for such payments to institutions of higher education to help defray the unexpected expenses associated with enrolling displaced students from institutions of higher education directly affected by hurricanes in the Gulf of Mexico in 

calendar year 2005, in accordance with criteria as are established 

by the Secretary and made publicly available without regard to secVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00090 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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tion 437 of the General Education Provisions Act or section 553 of 

title 5, United States Code: Provided further, That the amounts provided in this paragraph are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 

the concurrent resolution on the budget for fiscal year 2006. 

CHAPTER 7 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy and 

Marine Corps’’, $291,219,000, to remain available until September 

30, 2010, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

such funds may be obligated or expended for planning and design 

and military construction projects not otherwise authorized by law: 

Provided further, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

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

budget for fiscal year 2006. 

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air 

Force’’, $52,612,000, to remain available until September 30, 2010, 

for necessary expenses related to the consequences of hurricanes in 

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

funds may be obligated or expended for planning and design and 

military construction projects not otherwise authorized by law: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. 

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

budget for fiscal year 2006. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

For an additional amount for ‘‘Military Construction, DefenseWide’’, $45,000,000, to remain available until September 30, 2010, 

for necessary expenses related to the consequences of hurricanes in 

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

funds may be obligated or expended for planning and design and 

military construction projects not otherwise authorized by law: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. 

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

budget for fiscal year 2006. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For an additional amount for ‘‘Military Construction, Army National Guard’’, $374,300,000, for necessary expenses related to the 

consequences of hurricanes in the Gulf of Mexico in calendar year 

2005: Provided, That such funds may be obligated or expended for 

planning and design and military construction projects not otherVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00091 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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wise authorized by law: Provided further, That the amount provided 

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

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For an additional amount for ‘‘Military Construction, Air National Guard’’, $35,000,000, to remain available until September 30, 

2010, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

such funds may be obligated or expended for planning and design 

and military construction projects not otherwise authorized by law: 

Provided further, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

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

budget for fiscal year 2006. 

MILITARY CONSTRUCTION, NAVAL RESERVE

For an additional amount for ‘‘Military Construction, Naval 

Reserve’’, $120,132,000, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 

Provided, That such funds may be obligated or expended for planning and design and military construction projects not otherwise 

authorized by law: Provided further, That the amount provided 

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

FAMILY HOUSING 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Family Housing Construction, 

Navy and Marine Corps’’, $86,165,000, to remain available until 

September 30, 2010, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 

Provided, That such funds may be obligated or expended for planning and design and military construction projects not otherwise 

authorized by law: Provided further, That the amount provided 

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

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For an additional amount for ‘‘Family Housing Operation and 

Maintenance, Navy and Marine Corps’’, $48,889,000, for necessary 

expenses related to the consequences of hurricanes in the Gulf of 

Mexico in calendar year 2005, to remain available until September 

30, 2007: Provided, That the amount provided under this heading 

is designated as an emergency requirement pursuant to section 402 

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

the budget for fiscal year 2006. 


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FAMILY HOUSING CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Family Housing Construction, 

Air Force’’, $278,000,000, to remain available until September 30, 

2010, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That 

such funds may be obligated or expended for planning and design 

and military construction projects not otherwise authorized by law: 

Provided further, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

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

budget for fiscal year 2006. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Family Housing Operation and 

Maintenance, Air Force’’, $47,019,000, to remain available until 

September 30, 2007, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: 

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

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

budget for fiscal year 2006. 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For an additional amount for ‘‘Medical Services’’, $198,265,000, 

for necessary expenses related to the consequences of hurricanes in 

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

amount provided under this heading is designated as an emergency 

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

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For an additional amount for ‘‘General Operating Expenses’’, 

$24,871,000, for necessary expenses related to the consequences of 

hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

NATIONAL CEMETERY ADMINISTRATION

For an additional amount for ‘‘National Cemetery Administration’’, $200,000, for necessary expenses related to the consequences 

of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 


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94 

CONSTRUCTION, MAJOR PROJECTS

For an additional amount for ‘‘Construction, Major Projects’’, $367,500,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That the amount provided 

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

CONSTRUCTION, MINOR PROJECTS

For an additional amount for ‘‘Construction, Minor Projects,’’ $1,800,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That the amount provided 

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

RELATED AGENCY 

ARMED FORCES RETIREMENT HOME

For payment to the ‘‘Armed Forces Retirement Home’’ for necessary expenses related to the consequences of Hurricane Katrina, 

$65,800,000, to remain available until expended: Provided, That of 

the amount provided, $45,000,000 shall be available for the Armed 

Forces Retirement Home, Gulfport, Mississippi: Provided further, 

That of the amount provided, $20,800,000 shall be available for the 

Armed Forces Retirement Home, Washington, DC: Provided further, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 701. The limitation of Federal contribution established 

under section 18236(b) of title 10 is hereby waived for projects appropriated in this chapter. 

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

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

Navy homeport subject to a reversionary interest retained by the 

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

subsequently closed or realigned pursuant to the Defense Base Closure and Realignment Act of 1990 as amended, the right of the 

United States to any consideration or repayment for the fair market 

value of the real property as improved shall be released, relinquished, waived, or otherwise permanently extinguished. The Secretary shall execute such written agreements as may be needed to 

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

the United States in any real property described in this section, including the improvements thereon, for no consideration to the reversionary interest holder as soon as practicable after the naval station 

is closed or realigned. This agreement shall not require the reversionary interest holder to assume any environmental liabilities of 

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95 

ities for environmental remediation that it may have incurred as a 

result of federal ownership or use of the real property. 

SEC. 703. (a) Notwithstanding 38 U.S.C. 2102, the Secretary of 

Veterans Affairs may make a grant to a veteran whose home was 

previously adapted with the assistance of a grant under chapter 21 

of title 38, United States Code, in the event the adapted home which 

was being used and occupied by the veteran was destroyed or substantially damaged in the declared disaster areas as a result of hurricanes in the Gulf of Mexico in calendar year 2005, as determined 

by the President under the Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). The grant available to acquire a 

suitable housing unit with special fixtures or movable facilities 

made necessary by the veteran’s disability, and necessary land 

therefor. This authority expires on September 30, 2006: Provided, 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

(b) The amount of the grant authorized by this subsection may 

not exceed the lesser of: 

(1) the reasonable cost, as determined by the Secretary of 

Veterans Affairs, of repairing or replacing the adapted home in 

excess of the available insurance coverage on the damaged or 

destroyed home; or 

(2) the maximum grant to which the veteran would have 

been entitled under 38 U.S.C. 2102 (a) or (b) had the veteran 

not obtained the prior grant. 

SEC. 704. In any case where the Secretary of Veterans Affairs 

determines that a veteran described in 38 U.S.C. 3108(a)(2) has 

been displaced as the result of hurricanes in the Gulf of Mexico in 

calendar year 2005, from the disaster area, as determined by the 

President under the Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5121 et seq.), the Secretary may extend the payment of 

subsistence allowance authorized by such paragraph for up to an 

additional two months while the veteran is satisfactorily following 

such program of employment services. This authority expires on 

September 30, 2006: Provided, That the amount provided under this 

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

SEC. 705. The annual limitation contained in 38 U.S.C. 3120(e) 

shall not apply in any case where the Secretary of Veterans Affairs 

determines that a veteran described in 38 U.S.C. 3120(b) has been 

displayed as the result of, or has otherwise been adversely affected 

in the areas covered by hurricanes in the Gulf of Mexico in calendar 

year 2005, as determined by the President under the Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5121 et seq.). This authority expires on September 30, 2006: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 

the concurrent resolution on the budget for fiscal year 2006. 

SEC. 706. Notwithstanding 38 U.S.C. 3903(a), the Secretary of 

Veterans Affairs may provide or assist in providing an eligible person with a second automobile or other conveyance under the provisions of chapter 39 of title 38 United States Code, if the Secretary 


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96 

receives satisfactory evidence that the automobile or other conveyance previously purchased with assistance under such chapter was 

destroyed as a result of hurricanes in the Gulf of Mexico in calendar 

year 2005, and through no fault of the eligible person: Provided, 

That that person does not otherwise receive from a property insurer 

compensation for the loss. This authority expires on September 30, 

2006: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 

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

on the budget for fiscal year 2006. 

CHAPTER 8 

DEPARTMENT OF JUSTICE 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for ‘‘Salaries and Expenses, United 

States Attorneys’’, $9,000,000, for necessary expenses related to the 

consequences of hurricanes in the Gulf of Mexico in calendar year 

2005: Provided, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

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

budget for fiscal year 2006. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$9,000,000, for necessary expenses related to the consequences of 

hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$45,000,000, for necessary expenses related to the consequences of 

hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $10,000,000, for necessary expenses related to the consequences of 

hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 


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97 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$20,000,000, for necessary expenses related to the consequences of 

hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

FEDERAL PRISON SYSTEM

BUILDINGS AND FACILITIES

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

$11,000,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That the amount provided 

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

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $125,000,000, for necessary expenses related to the 

direct or indirect consequences of hurricanes in the Gulf of Mexico 

in calendar year 2005, to remain available until expended: Provided, That the amount provided under this heading is designated 

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

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

for fiscal year 2006: Provided further, That the Attorney General 

shall consult with the Committee on Appropriations of the Senate 

and the Committee on Appropriations of the House of Representatives on the allocation of funds prior to expenditure. 

DEPARTMENT OF COMMERCE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ‘‘Operations, Research, and Facilities’’, $17,200,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf 

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

the concurrent resolution on the budget for fiscal year 2006. 


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PROCUREMENT, ACQUISITION AND CONSTRUCTION

For an additional amount for ‘‘Procurement, Acquisition and 

Construction’’, $37,400,000, to remain available until expended, for 

necessary expenses related to the consequences of hurricanes in the 

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

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

the concurrent resolution on the budget for fiscal year 2006. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

EXPLORATION CAPABILITIES

For an additional amount for ‘‘Exploration Capabilities’’, 

$349,800,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That the amount provided 

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

SMALL BUSINESS ADMINISTRATION

OFFICE OF INSPECTOR GENERAL

For an additional amount for the ‘‘Office of Inspector General’’

for necessary expenses related to the consequences of hurricanes in 

the Gulf of Mexico in calendar year 2005, $5,000,000, to remain 

available until expended: Provided, That the amount provided 

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

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for the ‘‘Disaster Loans Program Account’’ authorized by section 7(b) of the Small Business Act, for necessary expenses related to hurricanes in the Gulf of Mexico in calendar year 2005 and other natural disasters, $264,500,000, to remain available until expended: Provided, That such costs, including 

the cost of modifying such loans shall be as defined in section 502 

of the Congressional Budget Act of 1974. 

In addition, for administrative expenses to carry out the direct 

loan program authorized by section 7(b), $176,500,000, to remain 

available until expended, which may be transferred to and merged 

with ‘‘Salaries and Expenses’’: Provided, That the amounts provided 

under this heading are designated as an emergency requirement 

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

concurrent resolution on the budget for fiscal year 2006: Provided 

further, That no funds shall be transferred to the appropriation for 

‘‘Salaries and Expenses’’ for indirect administrative expenses. 


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GENERAL PROVISIONS—THIS CHAPTER 

(INCLUDING TRANSFER OF FUNDS)

SEC. 801. Of the unobligated balances available under ‘‘National Institute of Standards and Technology, Industrial Technology 

Services’’ for the Hollings Manufacturing Extension Partnership Program, $4,500,000 shall be used to assist manufacturers recovering from hurricanes in the Gulf of Mexico in calendar year 2005: 

Provided, That only Manufacturing Extension Centers in States affected by hurricanes in the Gulf of Mexico in calendar year 2005 

shall be eligible for hurricane recovery assistance funds: Provided 

further, That these funds shall be allocated to the Manufacturing 

Extension Centers in these States based on an assessment of the 

needs of manufacturers in the counties declared a disaster by the 

Federal Emergency Management Agency: Provided further, That 

employment and productivity shall be among the metrics used in 

developing the needs assessment: Provided further, That the matching provisions of 15 U.S.C. 278(k) paragraph (c) shall not apply to 

amounts provided by this Act or by Public Law 109–108 to Manufacturing Extension Centers serving areas affected by hurricanes in 

the Gulf of Mexico in calendar year 2005. 

SEC. 802. The Attorney General shall transfer to the ‘‘Narrowband Communications/Integrated Wireless Network’’ account all funds made available in this Act to the Department of 

Justice for the purchase of portable and mobile radios and related 

infrastructure. Any transfer made under this section shall be subject 

to section 605 of Public Law 109–108. 

CHAPTER 9 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For an additional amount for ‘‘Facilities and equipment’’, $40,600,000, to be derived from the Airport and Airway Trust Fund 

and to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico during 

calendar year 2005: Provided, That the amount provided under this 

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

FEDERAL HIGHWAY ADMINISTRATION

EMERGENCY RELIEF PROGRAM

For an additional amount for ‘‘Emergency relief program’’ as 

authorized under 23 U.S.C. 125, $2,750,000,000, to remain available until expended, for necessary expenses related to the consequences of Hurricanes Katrina, Rita, and Wilma: Provided, That 

of the funds provided herein, up to $629,000,000 shall be available 

to repair and reconstruct the I–10 bridge spanning New Orleans 

and Slidell, Louisiana in accordance with current design standards 


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100 

as contained in 23 U.S.C. 125: Provided further, That notwithstanding 23 U.S.C. 120(e) and from funds provided herein, the Federal share for all projects for repairs or reconstruction of highways, 

roads, bridges, and trails to respond to damage caused by Hurricanes Katrina, Rita, and Wilma shall be 100 percent: Provided further, That notwithstanding 23 U.S.C. 125(d)(1), the Secretary of 

Transportation may obligate more than $100,000,000 for such 

projects in a State in a fiscal year, to respond to damage caused by 

Hurricanes Dennis, Katrina, Rita or Wilma and by the 2004–2005 

winter storms in the State of California: Provided further, That any 

amounts in excess of those necessary for emergency expenses relating 

to the above hurricanes may be used for other projects authorized 

under 23 U.S.C. 125: Provided further, That such amounts as may 

be necessary but not to exceed $550,000,000 may be made available 

promptly from the funds provided herein to pay for other projects 

authorized under 23 U.S.C. 125 arising from natural disasters or 

catastrophic failures from external causes that occurred prior to 

Hurricane Wilma and that are ready to proceed to construction or 

are eligible for reimbursement: Provided further, That the amounts 

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

MARITIME ADMINISTRATION

OPERATIONS AND TRAINING

For an additional amount for ‘‘Operations and training’’, 

$7,500,000, to remain available until September 30, 2007, for necessary expenses related to the consequences of hurricanes in the Gulf 

of Mexico during calendar year 2005: Provided, That the amount 

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

the concurrent resolution on the budget for fiscal year 2006. 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

For an additional amount for housing vouchers for households 

within the area declared a major disaster under the Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) resulting from hurricanes in the Gulf of Mexico during calendar year 

2005, $390,299,500, to remain available until September 30, 2007: 

Provided, That such households shall be limited to those which, 

prior to Hurricanes Katrina or Rita, received assistance under section 8 or 9 of the United States Housing Act of 1937 (Public Law 

93–383), section 801 or 811 of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625), the AIDS Housing Opportunity Act (Public Law 101–625), or the Stewart B. McKinney 

Homeless Assistance Act (Public Law 100–77); or those which were 

homeless or in emergency shelters in the declared disaster area prior 

to Hurricanes Katrina or Rita: Provided further, That these funds 

are available for assistance, under section 8(o) of the United States 

Housing Act of 1937: Provided further, That in administering asVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00100 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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sistance under this heading the Secretary of Housing and Urban 

Development may waive requirements for income eligibility and tenant contribution under section 8 of such Act for up to 18 months: 

Provided further, That all households receiving housing vouchers 

under this heading shall be eligible to reoccupy their previous assisted housing, if and when it becomes available: Provided further, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

For an additional amount for the ‘‘Community development 

fund’’, for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in the most impacted and 

distressed areas related to the consequences of hurricanes in the 

Gulf of Mexico in 2005 in States for which the President declared 

a major disaster under title IV of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in conjunction with Hurricanes Katrina, Rita, or Wilma, $11,500,000,000, 

to remain available until expended, for activities authorized under 

title I of the Housing and Community Development Act of 1974 

(Public Law 93–383): Provided, That, no State shall receive more 

than 54 percent of the amount provided under this heading, Provided further, That funds provided under this heading shall be administered through an entity or entities designated by the Governor 

of each State: Provided further, That such funds may not be used 

for activities reimbursable by or for which funds are made available 

by the Federal Emergency Management Agency or the Army Corps 

of Engineers: Provided further, That funds allocated under this 

heading shall not adversely affect the amount of any formula assistance received by a State under this heading: Provided further, That 

each State may use up to five percent of its allocation for administrative costs: Provided further, That Louisiana and Mississippi may 

each use up to $20,000,000 (with up to $400,000 each for technical 

assistance) from funds made available under this heading for LISC 

and the Enterprise Foundation for activities authorized by section 

4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as 

in effect immediately before June 12, 1997, and for activities authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, including demolition, site clearance and remediation, and program administration: Provided further, That in administering the funds under this heading, the Secretary of Housing 

and Urban Development shall waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds or guarantees (except for requirements related to fair housing, nondiscrimination, 

labor standards, and the environment), upon a request by the State 

that such waiver is required to facilitate the use of such funds or 

guarantees, and a finding by the Secretary that such waiver would 

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ment that activities benefit persons of low and moderate income, except that at least 50 percent of the funds made available under this 

heading must benefit primarily persons of low and moderate income 

unless the Secretary otherwise makes a finding of compelling need: 

Provided further, That the Secretary shall publish in the Federal 

Register any waiver of any statute or regulation that the Secretary 

administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date 

of such waiver: Provided further, That every waiver made by the 

Secretary must be reconsidered according to the three previous provisos on the two-year anniversary of the day the Secretary published 

the waiver in the Federal Register: Provided further, That prior to 

the obligation of funds each state shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for 

eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure: Provided further, That each 

state will report quarterly to the Committees on Appropriations on 

all awards and uses of funds made available under this heading, 

including specifically identifying all awards of sole-source contracts 

and the rationale for making the award on a sole-source basis: Provided further, That the Secretary shall notify the Committees on Appropriations on any proposed allocation of any funds and any related waivers made pursuant to these provisions under this heading 

no later than 5 days before such waiver is made: Provided further, 

That the Secretary shall establish procedures to prevent recipients 

from receiving any duplication of benefits and report quarterly to 

the Committees on Appropriations with regard to all steps taken to 

prevent fraud and abuse of funds made available under this heading including duplication of benefits: Provided further, That the 

amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

ADMINISTRATIVE PROVISIONS

SEC. 901. Notwithstanding provisions of the United States 

Housing Act of 1937 (Public Law 93–383), in order to assist public 

housing agencies located within the most heavily impacted areas of 

Louisiana and Mississippi that are subject to a declaration by the 

President of a major disaster under the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in connection with Hurricanes Katrina or Rita, the Secretary for calendar 

year 2006 may authorize a public housing agency to combine assistance provided under sections 9(d) and (e) of the United States Housing Act of 1937 and assistance provided under section 8(o) of such 

Act, for the purpose of facilitating the prompt, flexible and efficient 

use of funds provided under these sections of the Act to assist families who were receiving housing assistance under the Act immediately prior to Hurricanes Katrina or Rita and were displaced from 

their housing by the hurricanes. 

SEC. 902. To the extent feasible the Secretary of Housing and 

Urban Development shall preserve all housing within the area declared a major disaster under the Robert T. Stafford Disaster Relief 

and Emergency Act (42 U.S.C. 5121 et seq.) resulting from Hurricanes Katrina or Rita that received project-based assistance under 


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section 8 or 9 of the United States Housing Act of 1937, section 801 

or 811 of the Cranston-Gonzalez National Affordable Housing Act, 

the AIDS Housing Opportunity Act, or the Stewart B. McKinney 

Homeless Assistance Act: Provided, That the Secretary shall report 

to the Committees on Appropriations on the status of all such housing, including costs associated with any repair or rehabilitation, 

within 120 days of enactment of this Act. 

THE JUDICIARY 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and expenses, Courts of 

Appeals, District Courts, and Other Judicial Services’’, $18,000,000, 

to remain available until expended, for necessary expenses related 

to the consequences of hurricanes in the Gulf of Mexico during calendar year 2005: Provided, That notwithstanding any other provision of law such sums shall be available for transfer to accounts 

within the Judiciary subject to approval of the Judiciary operating 

plan: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 

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

on the budget for fiscal year 2006. 

INDEPENDENT AGENCY 

GENERAL SERVICES ADMINISTRATION

FEDERAL BUILDINGS FUND

For an additional amount for ‘‘Federal buildings fund’’, 

$38,000,000, from the General Fund and to remain available until 

expended, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico during calendar year 2005: Provided, 

That notwithstanding 40 U.S.C. 3307, the Administrator of General 

Services is authorized to proceed with repairs and alterations for 

those facilities: Provided further, That the the amount provided 

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

TITLE II 

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO 

ADDRESS PANDEMIC INFLUENZA 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

OFFICE OF THE SECRETARY

For an additional amount for the ‘‘Office of the Secretary’’, related to the detection of and response to highly pathogenic avian influenza, including research and development, $11,350,000, to remain available until September 30, 2007: Provided, That the 


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amount provided under this heading is designated as an emergency 

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

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, related 

to the detection of and response to highly pathogenic avian influenza, including research and development, $7,000,000, to remain 

available until September 30, 2007: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), 

the concurrent resolution on the budget for fiscal year 2006. 

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

For an additional amount for ‘‘Research and Education Activities’’, related to the detection of and response to highly pathogenic 

avian influenza, $1,500,000, to remain available until September 

30, 2007: Provided, That the amount provided under this heading 

is designated as an emergency requirement pursuant to section 402 

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

the budget for fiscal year 2006. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, related 

to the detection of and response to highly pathogenic avian influenza, $71,500,000, to remain available until September 30, 2007: 

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

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

budget for fiscal year 2006. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Food and Drug Administration, 

Salaries and Expenses’’, to prepare for and respond to an influenza 

pandemic, $20,000,000, to remain available until September 30, 

2007: Provided, That of the total amount appropriated $18,000,000 

shall be for the Center for Biologics Evaluation and Research and 

for related field activities in the Office of Regulatory Affairs, and 

$2,000,000 shall be for other activities including the Office of the 

Commissioner and the Office of Management: Provided further, 

That the amounts provided under this heading are designated as an 

emergency requirement pursuant to section 402 of H. Con. Res. 95 

(109th Congress), the concurrent resolution on the budget for fiscal 

year 2006. 


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105 

CHAPTER 2 

DEPARTMENT OF DEFENSE 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’ for surveillance, communication equipment, and assistance to military partner nations in procuring protective equipment, 

$10,000,000: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 

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

on the budget for fiscal year 2006. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’ for 

necessary expenses related to vaccine purchases, storage, expanded 

avian influenza surveillance programs, equipment, essential information management systems, and laboratory diagnostic equipment, 

$120,000,000: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 

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

on the budget for fiscal year 2006. 

CHAPTER 3 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

For an additional amount for ‘‘Child Survival and Health Programs Fund’’ for activities related to surveillance, planning, preparedness, and response to the avian influenza virus, $75,200,000, 

to remain available until expended: Provided, That funds appropriated by this paragraph may be obligated and expended notwithstanding section 10 of Public Law 91–672: Provided further, That 

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

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For an additional amount for ‘‘International Disaster and Famine Assistance’’ for the pre-positioning and deployment of essential 

supplies and equipment for preparedness and response to the avian 

influenza virus, $56,330,000, to remain available until expended: 

Provided, That funds appropriated by this paragraph may be obligated and expended notwithstanding section 10 of Public Law 91–

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ing is designated as an emergency requirement pursuant to section 

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

on the budget for fiscal year 2006. 

GENERAL PROVISION—THIS CHAPTER

SEC. 2301. Within 30 days from the date of enactment of this 

Act and every six months thereafter, the Administrator of the United 

States Agency for International Development shall submit to the 

Committees on Appropriations a report which identifies, for all 

projects funded from amounts appropriated by this Act that are administered by that agency, the following: the program objectives for 

each such project, the approximate timeline for achieving each of 

those objectives, the amounts obligated and expended for each 

project, and the current status of program performance with reference to identified program objectives and the timeline for achieving those objectives. 

CHAPTER 4 

DEPARTMENT OF HOMELAND SECURITY 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

For an additional amount for ‘‘Office of the Secretary and Executive Management’’, $47,283,000, to remain available until expended, for necessary expenses to train, plan, and prepare for a potential outbreak of highly pathogenic influenza: Provided, That 

these funds may be transferred to other Department of Homeland 

Security appropriations accounts in accordance with section 503 of 

Public Law 109–90: Provided further, That the amount provided 

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

CHAPTER 5 

DEPARTMENT OF THE INTERIOR 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For an additional amount for ‘‘Resource Management’’ for the 

detection of highly pathogenic avian influenza in wild birds, including the investigation of morbidity and mortality events, targeted 

surveillance in live wild birds, and targeted surveillance in huntertaken birds, $7,398,000, to remain available until September 30, 

2007: Provided, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

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

budget for fiscal year 2006. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For an additional amount for ‘‘Operation of the National Park 

System’’ for the detection of highly pathogenic avian influenza in 


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107 

wild birds, including the investigation of morbidity and mortality 

events, $525,000, to remain available until September 30, 2007: Provided, That the amount provided under this heading is designated 

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

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

for fiscal year 2006. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and Research’’ for the detection of highly pathogenic avian influenza in 

wild birds, including the investigation of morbidity and mortality 

events, targeted surveillance in live wild birds, and targeted surveillance in hunter-taken birds, $3,670,000, to remain available until 

September 30, 2007: Provided, That the amount provided under this 

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

CHAPTER 6 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’ to prepare for and respond to an influenza 

pandemic, including the development and purchase of vaccines, 

antivirals, and necessary medical supplies, and for planning activities, $3,054,000,000, to remain available until expended: Provided, 

That $350,000,000 shall be for Upgrading State and Local Capacity 

and $50,000,000 shall be for laboratory capacity and research at the 

Centers for Disease Control and Prevention: Provided further, That 

products purchased with these funds may, at the discretion of the 

Secretary, be deposited in the Strategic National Stockpile: Provided 

further, That notwithstanding section 496(b) of the Public Health 

Service Act, funds may be used for the construction or renovation 

of privately owned facilities for the production of pandemic influenza vaccines and other biologicals, where the Secretary finds such 

a contract necessary to secure sufficient supplies of such vaccines or 

biologicals: Provided further, That the Secretary may negotiate a 

contract with a vendor under which a State may place an order 

with the vendor for antivirals; may reimburse a State for a portion 

of the price paid by the State pursuant to such an order; and may 

use amounts made available herein for such reimbursement: Provided further, That funds appropriated herein and not specifically 

designated under this heading may be transferred to other appropriation accounts of the Department of Health and Human Services, 

as determined by the Secretary to be appropriate, to be used for the 

purposes specified in this sentence: Provided further, That the 

amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 


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108 

Congress), the concurrent resolution on the budget for fiscal year 

2006. 

For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’ for activities related to pandemic influenza, 

including international activities and activities in foreign countries, 

related to preparedness planning, enhancing the pandemic influenza regulatory science base, accelerating pandemic influenza disease surveillance, developing registries to monitor influenza vaccine 

distribution and use, and supporting pandemic influenza research, 

clinical trials and clinical trials infrastructure, $246,000,000, of 

which $150,000,000, to remain available until expended, shall be 

for the Centers for Disease Control and Prevention to carry out global and domestic disease surveillance, laboratory diagnostics, rapid 

response, and quarantine: Provided, That funds appropriated herein 

and not specifically designated under this heading may be transferred to other appropriation accounts of the Department of Health 

and Human Services, as determined by the Secretary to be appropriate, to be used for the purposes specified in this sentence: Provided further, That the amounts provided under this heading are 

designated as an emergency requirement pursuant to section 402 of 

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

budget for fiscal year 2006. 

CHAPTER 7 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For an additional amount for ‘‘Medical Services’’ for enhanced 

avian influenza surveillance programs, planning functions and 

preparations for the pandemic and to establish real-time surveillance data exchange with the Centers for Disease Control and Prevention, $27,000,000: Provided, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

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

resolution on the budget for fiscal year 2006. 

CHAPTER 8 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Programs’’ to support avian influenza country coordination, development of an avian influenza response plan, diplomatic outreach, and 

health support of United States Government employees, Peace Corps 

volunteers, and eligible family members stationed abroad, 

$16,000,000, to remain available until expended, of which 


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109 

$1,100,000 shall be transferred to and merged with appropriations 

for the Peace Corps: Provided, That funds appropriated by this 

paragraph may be obligated and expended notwithstanding section 

15 of the State Department Basic Authorities Act of 1956: Provided 

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

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

budget for fiscal year 2006. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For an additional amount for ‘‘Emergencies in the Diplomatic 

and Consular Service’’ for emergency evacuation support of United 

States Government personnel, Peace Corps volunteers, and dependents in regions affected by the avian influenza, $15,000,000, to remain available until expended: Provided, That funds appropriated 

by this paragraph may be obligated and expended notwithstanding 

section 15 of the State Department Basic Authorities Act of 1956: 

Provided further, That notwithstanding section 402 of Public Law 

109–108, upon a determination by the Secretary of State that circumstances related to the avian influenza require additional funding for activities under this heading, the Secretary of State may 

transfer such amounts to ‘‘Emergencies in the Diplomatic and Consular Service’’ from available appropriations for the current fiscal 

year for the Department of State as may be necessary to respond to 

such circumstances: Provided further, That any transfer pursuant to 

the previous proviso shall be treated as a reprogramming of funds 

under section 605 of Public Law 109–108 and shall not be available 

for obligation or expenditure except in compliance with the procedures set forth in that section, except that the Committees on Appropriations shall be notified not less than 5 days in advance of any 

such reprogramming: Provided further, That the amount provided 

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

TITLE III 

RESCISSIONS AND OFFSETS 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

(RESCISSION)

Of the unobligated balances available under this heading, 

$10,000,000 are rescinded: Provided, That funds for projects or activities identified in the Statement of Managers that accompanies 

House Report 109–255, pages 84 through 87, shall not be reduced 

due to such rescission. 


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110 

RURAL UTILITIES SERVICE

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

(RESCISSION)

Of the unobligated balances available under this heading, 

$9,900,000 are rescinded. 

FOOD AND NUTRITION SERVICE

FOOD STAMP PROGRAM

(RESCISSION)

Of unobligated balances available under this heading of funds 

provided pursuant to section 16(h)(1)(A) of the Food Stamp Act of 

1977, $11,200,000 are rescinded. 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

(RESCISSION)

Of the unobligated balances available under this heading, 

$35,000,000 are rescinded. 

CHAPTER 2 

DEPARTMENT OF DEFENSE 

OPERATION AND MAINTENANCE 

DISPOSAL OF DEPARTMENT OF DEFENSE REAL PROPERTY

(RESCISSION)

Of the unobligated balances available under this heading, 

$45,000,000 are rescinded. 

LEASE OF DEPARTMENT OF DEFENSE REAL PROPERTY

(RESCISSION)

Of the unobligated balances available under this heading, 

$30,000,000 are rescinded. 

OVERSEAS MILITARY FACILITY INVESTMENT RECOVERY

(RESCISSION)

Of the unobligated balances available under this heading, 

$5,000,000 are rescinded. 


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CHAPTER 3 

EXPORT-IMPORT BANK OF THE UNITED STATES 

SUBSIDY APPROPRIATION

(RESCISSION)

Of the unobligated balances available under this heading in 

Public Law 109–102 and Public Law 108–447, $25,000,000 are rescinded. 

CHAPTER 4 

DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD

OPERATING EXPENSES

(RESCISSION OF FUNDS)

Of the funds appropriated under this heading in Public Law 

109–90, $260,533,000 are rescinded. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

(RESCISSION OF FUNDS)

Of the funds appropriated under this heading in Public Law 

109–62, $23,409,300,000 are rescinded. 

CHAPTER 5 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

(RESCISSION)

Of the unobligated balances available under this heading, 

$500,000 are rescinded. 

UNITED STATES FISH AND WILDLIFE SERVICE

LANDOWNER INCENTIVE PROGRAM

(RESCISSION)

Of the unobligated balances available under this heading, 

$2,000,000 are rescinded. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$1,000,000 are rescinded. 


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112 

CHAPTER 6 

DEPARTMENT OF COMMERCE 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

INDUSTRIAL TECHNOLOGY SERVICES

(RESCISSION)

Of the unobligated balances available under this heading, 

$7,000,000 are rescinded. 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(RESCISSION)

Of the unobligated balances available under this heading, 

$10,000,000 are rescinded. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

(RESCISSION)

Of the unobligated balances available under this heading, 

$20,000,000 are rescinded. 

CHAPTER 7 

DEPARTMENT OF TRANSPORTATION 

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

(RESCISSION)

Of the unobligated balances of funds apportioned to each State 

under chapter 1 of title 23, United States Code, $1,143,000,000 are 

rescinded: Provided, That such rescission shall not apply to the 

funds distributed in accordance with 23 U.S.C. 130(f), 23 U.S.C. 

133(d)(1) as in effect prior to the date of enactment of Public Law 

109–59, the first sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 

104(b)(5), or 23 U.S.C. 163 as in effect prior to the enactment of 

Public Law 109–59. 

FEDERAL RAILROAD ADMINISTRATION

EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

(RESCISSION)

Of the unobligated balances of amounts made available under 

this heading in Public Law 109–115, $8,300,000 are rescinded: Provided, That section 135 of title I of division A of Public Law 109–

115 is repealed. 


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113 

CHAPTER 8 

GOVERNMENT-WIDE RESCISSIONS 

SEC. 3801. (a) ACROSS-THE-BOARD RESCISSIONS.—There is 

hereby rescinded an amount equal to 1 percent of—

(1) the budget authority provided (or obligation limit imposed) for fiscal year 2006 for any discretionary account of this 

Act and in any other fiscal year 2006 appropriation Act; 

(2) the budget authority provided in any advance appropriation for fiscal year 2006 for any discretionary account in 

any prior fiscal year appropriation Act; and 

(3) the contract authority provided in fiscal year 2006 for 

any program subject to limitation contained in any fiscal year 

2006 appropriation Act. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—

(1) to each discretionary account and each item of budget 

authority described in such subsection; and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities as 

delineated in the appropriation Act or accompanying reports for 

the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President’s budget). 

(c) EXCEPTIONS.—This section shall not apply—

(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 

2006; or 

(2) to discretionary authority appropriated or otherwise 

made available to the Department of Veterans Affairs. 

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section, the Director of the Office of Management and 

Budget shall submit to the Committees on Appropriations of the 

House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this section. 

TITLE IV.—HURRICANE EDUCATION RECOVERY ACT 

Subtitle A—Elementary and Secondary Education Hurricane Relief 

SEC. 101. FINDINGS; DEFINITIONS. 

(a) FINDINGS.—Congress finds the following: 

(1) Hurricane Katrina and Hurricane Rita have had a devastating and unprecedented impact on students who attended 

schools in the disaster areas. 

(2) Due to the devastating effects of Hurricane Katrina and 

Hurricane Rita, a significant number of students have enrolled 

in schools outside of the area in which they resided, including 

a significant number of students who enrolled in non-public 

schools because their parents chose to enroll them in such 

schools. 

(3) 372,000 students were displaced by Hurricane Katrina. 

Approximately 700 schools have been damaged or destroyed. 

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dents enrolled in their schools. In Texas alone, over 45,000 displaced students have enrolled in schools. 

(4) In response to these extraordinary conditions, this subtitle creates a one-time only emergency grant for the 2005–2006 

school year tailored to the needs and particular circumstances 

of students displaced by Hurricane Katrina and Hurricane 

Rita. 

(5) The level and type of assistance provided under this 

subtitle, both for students attending public schools and students 

attending non-public schools, is made available solely because 

of the unprecedented nature of the crisis, the massive dislocation of students, and the short duration of the services or assistance. 

(b) DEFINITIONS.—Unless otherwise specified in this subtitle, 

the terms used in this subtitle have the meanings given the terms 

in section 9101 of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801). 

SEC. 102. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS. 

(a) PURPOSE.—It is the purpose of this section— (1) to provide immediate services or assistance to local educational agencies and non-public schools in Louisiana, Mississippi, Alabama, and Texas that serve an area in which a 

major disaster has been declared in accordance with section 

401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina or 

Hurricane Rita; and 

(2) to assist school administrators and personnel of such 

agencies or non-public schools with expenses related to the restart of operations in, the re-opening of, and the re-enrollment 

of students in, elementary schools and secondary schools in 

such areas. 

(b) PAYMENTS AUTHORIZED.—From amounts appropriated to 

carry out this subtitle, the Secretary of Education is authorized to 

make payments, on such basis as the Secretary determines appropriate, taking into consideration the number of students who were 

enrolled, during the 2004–2005 school year, in elementary schools 

and secondary schools that were closed on September 12, 2005, as 

a result of Hurricane Katrina or on October 7, 2005, as a result of 

Hurricane Rita, to State educational agencies in Louisiana, Mississippi, Alabama, and Texas to enable such agencies to provide 

services or assistance to local educational agencies or non-public 

schools serving an area in which a major disaster has been declared 

in accordance with section 401 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5170), related to 

Hurricane Katrina or Hurricane Rita. 

(c) ELIGIBILITY, CONSIDERATION, AND EQUITY—

(1) ELIGIBILITY AND CONSIDERATION.—From the payment 

provided by the Secretary of Education under subsection (b), the 

State educational agency shall provide services and assistance 

to local educational agencies and non-public schools, consistent 

with the provisions of this section. In determining the amount 

to be provided for services or assistance under this section, the 

State educational agency shall consider the following: 

(A) The number of school-aged children served by the 

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demic year preceding the academic year for which the services or assistance are provided. 

(B) The severity of the impact of Hurricane Katrina or 

Hurricane Rita on the local educational agency or non-public school and the extent of the needs in each local educational agency or non-public school in Louisiana, Mississippi, Alabama, and Texas that is in an area in which 

a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina or Hurricane Rita. 

(2) EQUITY.—Educational services and assistance provided 

for eligible non-public school students under paragraph (1) 

shall be equitable in comparison to the educational services and 

other benefits provided for public school students under this 

section, and shall be provided in a timely manner. 

(d) APPLICATIONS.—Each local educational agency or non-public school desiring services or assistance under this section shall 

submit an application to the State educational agency at such time, 

in such manner, and accompanied by such information as the State 

educational agency may reasonably require to ensure expedited and 

timely provision of services or assistance to the local educational 

agency or non-public school. 

(e) USES OF FUNDS.— (1) IN GENERAL.—A local educational agency or non-public 

school receiving services or assistance from the State educational agency under this section shall use such services or assistance for— (A) recovery of student and personnel data, and other 

electronic information; 

(B) replacement of school district information systems, 

including hardware and software; 

(C) financial operations; 

(D) reasonable transportation costs; 

(E) rental of mobile educational units and leasing of 

neutral sites or spaces; 

(F) initial replacement of instructional materials and 

equipment, including textbooks; 

(G) redeveloping instructional plans, including curriculum development; 

(H) initiating and maintaining education and support 

services; and 

(I) such other activities related to the purpose of this 

section that are approved by the Secretary. 

(2) USE WITH OTHER AVAILABLE FUNDS.—A local educational agency or non-public school receiving services or assistance under this section may use such services or assistance in 

coordination with other Federal, State, or local funds available 

for the activities described in paragraph (1). 

(3) SPECIAL RULES.— (A) PROHIBITION.—Services or assistance provided 

under this section shall not be used for construction or 

major renovation of schools. 

(B) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR ASSISTANCE.—Services or assistance provided 


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116 

under this section, including equipment and materials, 

shall be secular, neutral, and nonideological. 

(f) SUPPLEMENT NOT SUPPLANT.—

(1) IN GENERAL.—Except as provided in paragraph (2), 

services or assistance made available under this section shall be 

used to supplement, not supplant, any funds made available 

through the Federal Emergency Management Agency or through 

a State. 

(2) EXCEPTION.—Paragraph (1) shall not prohibit the provision of Federal assistance under this section to an eligible State 

educational agency, local educational agency, or non-public 

school that is or may be entitled to receive, from another source, 

benefits for the same purposes as under this section if—

(A) such State educational agency, local educational 

agency, or school has not received such other benefits by the 

time of application for Federal assistance under this section; and 

(B) such State educational agency, local educational 

agency, or school agrees to repay all duplicative Federal assistance received to carry out the purposes of this section. 

(g) DEFINITION OF NON-PUBLIC SCHOOL.—The term ‘‘non-public 

school’’ means a non-public elementary school or secondary school 

that—

(1) is accredited or licensed or otherwise operates in accordance with State law; and 

(2) was in existence prior to August 22, 2005. 

(h) ASSISTANCE TO NON-PUBLIC SCHOOLS.—

(1) FUNDS AVAILABILITY.—From the payment provided by 

the Secretary of Education under subsection (b) to a State educational agency, the State educational agency shall reserve an 

amount of funds, to be made available to non-public schools in 

the State, that is not less than an amount that bears the same 

relation to the payment as the number of non-public elementary 

schools and secondary schools in the State bears to the total 

number of non-public and public elementary schools and secondary schools in the State. The number of such schools shall 

be determined by the National Center for Education Statistics 

Common Core of Data for the 2003–2004 school year. Such 

funds shall be used for the provision of services or assistance 

at non-public schools, except as provided in paragraph (2). 

(2) SPECIAL RULE.—If funds made available under paragraph (1) remain unobligated 120 days after the date of enactment of this Act, such funds may be used to provide services or 

assistance under this section to local educational agencies or 

non-public schools. 

(3) PUBLIC CONTROL OF FUNDS.—The control of funds for 

the services and assistance provided to a non-public school 

under paragraph (1), and title to materials, equipment, and 

property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, 

equipment, and property and shall provide such services (or 

may contract for the provision of such services with a public or 

private entity). 


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SEC. 103. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES 

SERVING MAJOR DISASTER AREAS. 

In the case of a local educational agency that serves an area in 

which the President has declared that a major disaster exists in accordance with section 401 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina or Hurricane Rita, the amount made available for 

such local educational agency under each of sections 1124, 1124A, 

1125, and 1125A of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for fiscal year 2006 

shall be not less than the amount made available for such local educational agency under each of such sections for fiscal year 2005. 

SEC. 104. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY. 

(a) TEACHER AND PARAPROFESSIONAL RECIPROCITY.— (1) TEACHERS.— (A) AFFECTED TEACHER.—In this subsection, the term ‘‘affected teacher’’ means a teacher who is displaced due to 

Hurricane Katrina or Hurricane Rita and relocates to a 

State that is different from the State in which such teacher 

resided on August 22, 2005. 

(B) RECIPROCITY.— (i) TEACHERS.—A local educational agency may 

consider an affected teacher hired by such agency who 

is not highly qualified in a core academic subject in the 

State in which such agency is located to be highly 

qualified in the same core academic subject or area, for 

purposes of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319), for the 

2005–2006 school year, if such teacher was highly 

qualified, consistent with section 9101(23) of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801(23)), on or before August 22, 2005, in the 

State in which such teacher resided on August 22, 

2005. 

(ii) SPECIAL EDUCATION TEACHERS.—A local educational agency may consider an affected special education teacher hired by such agency who is not highly 

qualified in the State in which such agency is located 

to be highly qualified, for purposes of section 612(a)(14) 

of the Individuals with Disabilities Education Act (20 

U.S.C. 1412(a)(14)), for the 2005–2006 school year, if 

such teacher was highly qualified, consistent with section 602(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(10)), on or before August 22, 

2005, in the State in which such teacher resided on August 22, 2005. 

(2) PARAPROFESSIONAL.—

(A) AFFECTED PARAPROFESSIONAL.—In this subsection, 

the term ‘‘affected paraprofessional’’ means a paraprofessional who is displaced due to Hurricane Katrina or Hurricane Rita and relocates to a State that is different from the 

State in which such paraprofessional resided on August 22, 

2005. 

(B) RECIPROCITY.—A local educational agency may 

consider an affected paraprofessional hired by such agency 


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who does not satisfy the requirements of section 1119(c) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6319(c)) in the State in which such agency is located 

to satisfy such requirements, for purposes of such section, 

for the 2005–2006 school year, if such paraprofessional satisfied such requirements on or before August 22, 2005, in 

the State in which such paraprofessional resided on August 

22, 2005. 

(b) DELAY.—The Secretary of Education may delay, for a period 

not to exceed 1 year, applicability of the requirements of paragraphs 

(2) and (3) of section 1119(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319(a)(2) and (3)) and section 

612(a)(14)(C) of the Individuals with Disabilities Education Act (20 

U.S.C. 1412(a)(14)(C)) with respect to the States of Alabama, Louisiana, Texas, and Mississippi (and local educational agencies within the jurisdiction of such States), if any such State or local educational agency demonstrates that a failure to comply with such requirements is due to exceptional or uncontrollable circumstances, 

such as a natural disaster or a precipitous and unforeseen decline 

in the financial resources of local educational agencies within the 

State. 

SEC. 105. REGULATORY AND FINANCIAL RELIEF. 

(a) WAIVER AUTHORITY.—Subject to subsections (b) and (c), in 

providing any grant or other assistance, directly or indirectly, to an 

entity in an affected State in which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related 

to Hurricane Katrina or Hurricane Rita, the Secretary of Education 

may, as applicable, waive or modify, in order to ease fiscal burdens, 

any requirement relating to the following: 

(1) Maintenance of effort. 

(2) The use of Federal funds to supplement, not supplant, 

non-Federal funds. 

(3) Any non-Federal share or capital contribution required 

to match Federal funds provided under programs administered 

by the Secretary of Education. 

(b) DURATION.—A waiver under this section shall be for the fiscal year 2006. 

(c) LIMITATIONS.— (1) RELATION TO IDEA.—Nothing in this section shall be 

construed to waive or modify any provision of the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 et seq.). 

(2) MAINTENANCE OF EFFORT.—If the Secretary grants a 

waiver or modification under this section waiving or modifying 

a requirement relating to maintenance of effort for fiscal year 

2006, the level of effort required for fiscal year 2007 shall not 

be reduced because of the waiver or modification. 

SEC. 106. ASSISTANCE FOR HOMELESS YOUTH. 

(a) IN GENERAL.—The Secretary of Education shall provide assistance to local educational agencies serving homeless children and 

youths displaced by Hurricane Katrina or Hurricane Rita, consistent with section 723 of the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11433), including identification, enrollment assistance, assessment and school placement assistance, transportation, 


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coordination of school services, supplies, referrals for health, mental 

health, and other needs. 

(b) EXCEPTION AND DISTRIBUTION OF FUNDS.— (1) EXCEPTION.—For purposes of providing assistance 

under subsection (a), subsections (c) and (e)(1) of section 722 

and subsections (b) and (c) of section 723 of the McKinneyVento Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 

11433(b) and (c) shall not apply. 

(2) DISBURSEMENT.—The Secretary of Education shall disburse funding provided under subsection (a) to State educational agencies based on demonstrated need, as determined 

by the Secretary, and such State educational agencies shall distribute funds, that are appropriated under section 109 and 

available to carry out this section, to local educational agencies 

based on demonstrated need, for the purposes of carrying out 

section 723 of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11433). 

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

(a) TEMPORARY EMERGENCY IMPACT AID AUTHORIZED.— (1) AID TO STATE EDUCATIONAL AGENCIES.—From amounts 

appropriated to carry out this subtitle, the Secretary of Education shall provide emergency impact aid to State educational 

agencies to enable the State educational agencies to make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools to enable— (A) such eligible local educational agencies and schools 

to provide for the instruction of students served by such 

agencies and schools; and 

(B) such eligible local educational agencies to make immediate impact aid payments to accounts established on behalf of displaced students (referred to in this section as ‘‘accounts’’) who are attending eligible non-public schools located in the areas served by the eligible local educational 

agencies. 

(2) AID TO LOCAL EDUCATIONAL AGENCIES AND BIA-FUNDED

SCHOOLS.—A State educational agency shall make emergency 

impact aid payments to eligible local educational agencies and 

eligible BIA-funded schools in accordance with subsection (d). 

(3) STATE EDUCATIONAL AGENCIES IN CERTAIN STATES.—In 

the case of the States of Louisiana and Mississippi, the State 

educational agency shall carry out the activities of eligible local 

educational agencies that are unable to carry out this section, 

including eligible local educational agencies in such States for 

which the State exercises the authorities normally exercised by 

such local educational agencies. 

(4) NOTICE OF FUNDS AVAILABILITY.—Not later than 14 calendar days after the date of enactment of this Act, the Secretary 

of Education shall publish in the Federal Register a notice of 

the availability of funds under this section. 

(b) DEFINITIONS.—In this section: 

(1) DISPLACED STUDENT.—The term ‘‘displaced student’’

means a student who enrolled in an elementary school or secondary school (other than the school that the student was enrolled in, or was eligible to be enrolled in, on August 22, 2005) 


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because such student resides or resided on August 22, 2005, in 

an area for which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina or Hurricane Rita. 

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—The term ‘‘eligible local educational agency’’ means a local educational 

agency that serves— (A) an elementary school or secondary school (including a charter school) in which there is enrolled a displaced 

student; or 

(B) an area in which there is located an eligible nonpublic school. 

(3) ELIGIBLE NON-PUBLIC SCHOOL.—The term ‘‘eligible nonpublic school’’ means a non-public elementary school or secondary school that—

(A) is accredited or licensed or otherwise operates in accordance with State law; 

(B) was in existence on August 22, 2005; and 

(C) serves a displaced student on behalf of whom an 

application for an account has been made pursuant to subsection (c)(2)(A)(ii). 

(4) ELIGIBLE BIA-FUNDED SCHOOL.—In this section, the term ‘‘eligible BIA-funded school’’ means a school funded by the Bureau of Indian Affairs in which there is enrolled a displaced 

student. 

(c) APPLICATION.— (1) STATE EDUCATIONAL AGENCY.—A State educational 

agency that desires to receive emergency impact aid under this 

section shall submit an application to the Secretary of Education, not later than 7 calendar days after the date by which 

an application under paragraph (2) must be submitted, in such 

manner, and accompanied by such information as the Secretary 

of Education may reasonably require, including—

(A) information on the total displaced student child 

count of the State provided by eligible local educational 

agencies in the State and eligible BIA-funded schools in the 

State under paragraph (2); 

(B) a description of the process for the parent or guardian of a displaced student enrolled in a non-public school 

to indicate to the eligible local educational agency serving 

the area in which such school is located that the student is 

enrolled in such school; 

(C) a description of the procedure to be used by an eligible local educational agency in such State to provide payments to accounts; 

(D) a description of the process to be used by an eligible 

local educational agency in such State to obtain—

(i) attestations of attendance of eligible displaced 

students from eligible non-public schools, in order for 

the local educational agency to provide payments to accounts on behalf of eligible displaced students; and 

(ii) attestations from eligible non-public schools 

that accounts are used only for the purposes described 

in subsection (e)(1); 


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(E) the criteria, including family income, used to determine the eligibility for and the amount of assistance under 

this section provided on behalf of a displaced student attending an eligible non-public school; and 

(F) the student count for displaced students attending 

eligible non-public schools. 

(2) LOCAL EDUCATIONAL AGENCIES AND BIA-FUNDED

SCHOOLS.—An eligible local educational agency or eligible BIAfunded school that desires an emergency impact aid payment 

under this section shall submit an application to the State educational agency, not later than 14 calendar days after the date 

of the publication of the notice described in subsection (a)(4), in 

such manner, and accompanied by such information as the 

State educational agency may reasonably require, including 

documentation submitted quarterly for the 2005–2006 school 

year that indicates the following: 

(A) In the case of an eligible local educational agency—

(i) the number of displaced students enrolled in the 

elementary schools and secondary schools (including 

charter schools and including the number of displaced 

students who are children with disabilities) served by 

such agency for such quarter; 

(ii) the number of displaced students for whom the 

eligible local educational agency expects to provide payments to accounts under subsection (d)(3) (including 

the number of displaced students who are children 

with disabilities) for such quarter who meet the following criteria: 

(I) the displaced student enrolled in an eligible 

non-public school prior to the date of enactment of 

this Act; 

(II) the parent or guardian of the displaced 

student chose to enroll the student in the eligible 

non-public school in which the student is enrolled; 

and 

(III) the parent or guardian of the displaced 

student submitted, in a timely manner that allows 

the local educational agency to meet the documentation requirements under this paragraph, an 

application requesting that the agency make a payment to an account on behalf of the student; and 

(iii) an assurance that the local educational agency 

will make payments to accounts within 14 calendar 

days of receipt of funds provided under this section. 

(B) In the case of an eligible BIA-funded school, the 

number of displaced students, including the number of displaced students who are children with disabilities, enrolled 

in such school for such quarter. 

(3) DETERMINATION OF NUMBER OF DISPLACED STUDENTS.—

In determining the number of displaced students for a quarter 

under paragraph (2), an eligible local educational agency or eligible BIA-funded school shall include the number of displaced 

students served—


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(A) in the case of a determination for the first quarterly 

installment, during the quarter prior to the date of enactment of this Act; and 

(B) in the case of a determination for each subsequent 

quarterly installment, during the quarter immediately preceding the quarter for which the installment is provided. 

(d) AMOUNTS OF EMERGENCY IMPACT AID.—

(1) AID TO STATE EDUCATIONAL AGENCIES.—

(A) IN GENERAL.—The amount of emergency impact aid 

received by a State educational agency for the 2005–2006 

school year shall equal the sum of—

(i) the product of the number of displaced students (who are not children with disabilities), as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection 

(c)(2), times $6,000; and 

(ii) the product of the number of displaced students 

who are children with disabilities, as determined by 

the eligible local educational agencies and eligible BIAfunded schools in the State under subsection (c)(2), 

times $7,500. 

(B) INSUFFICIENT FUNDS.—If the amount available 

under this section to provide emergency impact aid under 

this subsection is insufficient to pay the full amount that 

a State educational agency is eligible to receive under this 

section, the Secretary of Education shall ratably reduce the 

amount of such emergency impact aid. 

(C) RETENTION OF STATE SHARE.—In the case of State 

educational agency that has made a payment prior to the 

date of enactment of this Act to a local educational agency 

for the purpose of covering additional costs incurred as a 

result of enrolling a displaced student in a school served by 

the local educational agency, the State educational agency 

may retain a portion of the payment described in paragraph (2)(A)(ii) that bears the same relation to the total 

amount of the payment under such paragraph as the sum 

of such prior payments bears to the total cost of attendance 

for all students in that local educational agency for whom 

the State educational agency made such prior payments, except that a local educational agency shall not adjust the 

level of funding provided to accounts under this section 

based on the State’s retention of such amount. 

(2) AID TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES AND ELIGIBLE BIA-FUNDED SCHOOLS.—

(A) QUARTERLY INSTALLMENTS.—

(i) IN GENERAL.—A State educational agency shall 

provide emergency impact aid payments under this section on a quarterly basis for the 2005–2006 school year 

by such dates as determined by the Secretary of Education. Such quarterly installment payments shall be 

based on the number of displaced students reported 

under subsection (c)(2) and in the amount determined 

under clause (ii). 


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(ii) PAYMENT AMOUNT.—Each quarterly installment payment under clause (i) shall equal 25 percent 

of the sum of— (I) the number of displaced students (who are 

not children with disabilities) reported by the eligible local educational agency or eligible BIA-funded 

school for such quarter (as determined under subsection (c)(2) times $6,000; and 

(II) the number of displaced students who are 

children with disabilities reported by the eligible 

local educational agency or eligible BIA-funded 

school for such quarter (as determined under subsection (c)(2)) times $7,500. 

(iii) TIMELINE.—The Secretary of Education shall 

establish a timeline for quarterly reporting on the number of displaced students in order to make the appropriate disbursements in a timely manner. 

(iv) INSUFFICIENT FUNDS.—If, for any quarter, the 

amount available under this section to make payments 

under this subsection is insufficient to pay the full 

amount that an eligible local educational agency or eligible BIA-funded school is eligible to receive under this 

section, the State educational agency shall ratably reduce the amount of such payments. 

(B) MAXIMUM PAYMENT TO ACCOUNT.—In providing 

quarterly payments to an account for the 2005–2006 school 

year on behalf of a displaced student for each quarter that 

such student is enrolled in a non-public school in the area 

served by the agency under paragraph (3), an eligible local 

educational agency may provide not more than 4 quarterly 

payments to such account (each of which shall be paid not 

later than 14 calendar days after the date of receipt of each 

quarterly installment payment received under subparagraph (A)), and the aggregate amount of such payments 

shall not exceed the lesser of—

(i)(I) in the case of a displaced student who is not 

a child with a disability, $6,000; or 

(II) in the case of a displaced student who is a 

child with a disability, $7,500; or 

(ii) the cost of tuition and fees (and transportation 

expenses, if any) at the non-public school for the 2005–

2006 school year. 

(C) LIMITATION.—A non-public school accessing funds 

on behalf of a displaced student under this section must 

waive tuition, or reimburse tuition paid, in an amount 

equal to the amount accessed. 

(3) DISPLACED STUDENTS.—Subject to the succeeding sentence, an eligible local educational agency or eligible BIA-funded school receiving emergency impact aid payments under this 

section shall use the payments to provide services and assistance to elementary schools and secondary schools (including 

charter schools) served by such agency, or to such BIA-funded 

school, that enrolled a displaced student. An eligible local educational agency that receives emergency impact aid payments 

under this section and that serves an area in which there is loVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00123 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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cated an eligible non-public school shall, at the request of the 

parent or guardian of a displaced student who meets the criteria described in subsection (c)(2)(A)(ii) and who enrolled in a 

non-public school in an area served by the agency, use such 

emergency impact aid payment to provide payment on a quarterly basis (but not to exceed the total amount specified in subsection (d)(2)(B) for the 2005–2006 school year) to an account on 

behalf of such displaced student. 

(e) USE OF FUNDS.— (1) AUTHORIZED USES.—The authorized uses of funds are 

the following: 

(A) Paying the compensation of personnel, including 

teacher aides, in schools enrolling displaced students. 

(B) Identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or 

spaces. 

(C) Basic instructional services for such students, including tutoring, mentoring, or academic counseling. 

(D) Reasonable transportation costs. 

(E) Health and counseling services. 

(F) Education and support services. 

(2) VERIFICATION OF ENROLLMENT FOR NON-PUBLIC

SCHOOLS.—Before providing a quarterly payment to an account, 

the eligible local educational agency shall verify with the parent 

or guardian of a displaced student that such displaced student 

is, or was, enrolled in the non-public school for such quarter. 

(3) PROHIBITION.—Funds received under this section shall 

not be used for construction or major renovation of schools. 

(4) PROVISION OF SPECIAL EDUCATION AND RELATED SERV- ICES.— (A) IN GENERAL.—In the case of displaced student who 

is a child with a disability, any payment made on behalf 

of such student to an eligible local educational agency or 

any payment available in an account for such student, 

shall be used to pay for special education and related services consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). 

(B) SPECIAL RULE.— (i) RETENTION.—Notwithstanding any other provision of this section, if an eligible local educational 

agency provides services to a displaced student attending an eligible non-public school under section 

612(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)), the eligible local 

educational agency may retain a portion of the assistance received under this section on behalf of such student to pay for such services. 

(ii) DETERMINATION OF PORTION.— (I) GUIDELINES.—Each State shall issue guidelines, not later than 14 calendar days after the 

date of the publication of the notice described in 

subsection (a)(4), that specify the portion of the assistance that an eligible local educational agency 

in the State may retain under this subparagraph. 


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Each State shall apply such guidelines in a consistent manner throughout the State. 

(II) DETERMINATION OF PORTION.—The portion 

specified in the guidelines shall be based on customary costs of providing services under such section 612(a)(10) for the local educational agency. 

(C) DEFINITIONS.—In this paragraph: 

(i) SPECIAL EDUCATION; RELATED SERVICES.—The 

terms ‘‘special education’’ and ‘‘related services’’ have 

the meaning given such terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 

1401). 

(ii) INDIVIDUALIZED EDUCATION PROGRAM.—The 

term ‘‘individualized education program’’ has the 

meaning given the term in section 614(d)(2) of the Individuals with Disabilities Education Act (20 U.S.C. 

1414(d)(2)). 

(f) RETURN OF AID.—

(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR ELIGIBLE BIAFUNDED SCHOOL.—An eligible local educational agency or eligible BIA-funded school that receives an emergency impact aid 

payment under this section shall return to the State educational 

agency any payment provided to the eligible local educational 

agency or school under this section that the eligible local educational agency or school has not obligated by the end of the 

2005–2006 school year in accordance with this section. 

(2) STATE EDUCATIONAL AGENCY.—A State educational 

agency that receives emergency impact aid under this section, 

shall return to the Secretary of Education—

(A) any aid provided to the agency under this section 

that the agency has not obligated by the end of the 2005–

2006 school year in accordance with this section; and 

(B) any payment funds returned to the State educational agency under paragraph (1). 

(g) LIMITATION ON USE OF AID AND PAYMENTS.—Aid and payments provided under this section shall only be used for expenses 

incurred during the 2005–2006 school year. 

(h) ADMINSTRATIVE EXPENSES.—A State educational agency 

that receives emergency impact aid under this section may use not 

more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIA-funded school that receives emergency impact aid payments under this section may use 

not more than 2 percent of such payments for administrative expenses. 

(i) SPECIAL FUNDING RULE.—In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7703) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary of Education shall not count displaced students served by 

such agency for whom an emergency impact aid payment is received 

under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 

8003(b)(3)(B)(i) of such Act (20 U.S.C. 7703(b)(3)(B)(i)). 


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(j) NOTICE.—Each State receiving emergency impact aid under 

this section shall provide, to the parent or guardian of each displaced student for whom a payment is made under this section to 

an account who resides in such State, notification that— (1) such parent or guardian has the option of enrolling 

such student in a public school or a non-public school; and 

(2) the temporary emergency impact aid for displaced students provided under this section is temporary and is only 

available for the 2005–2006 school year. 

(k) BYPASS.—For a State in which State law prohibits the State 

from using Federal funds to directly provide services on behalf of 

students attending non-public schools and provides that another entity shall provide such services, the Secretary of Education shall 

make such arrangements with that entity. 

(l) REDIRECTION OF FUNDS.—

(1) IN GENERAL.—If a State educational agency or eligible 

local educational agency is unable to carry out this section, the 

Secretary of Education shall make such arrangements with the 

State as the Secretary determines appropriate to carry out this 

section on behalf of displaced students attending an eligible 

non-public school in the area served by such agency. 

(2) SPECIAL RULE.—If an eligible local educational agency 

does not make a payment to an account within 14 calendar 

days of receipt of funds provided under this section, then— (A) the eligible local educational agency shall return 

the funds received that quarter for such account to the 

State educational agency; and 

(B) the State educational agency shall ensure that the 

proper payment to such account for such quarter is made 

not later than 14 calendar days after the date of the receipt 

of funds under subparagraph (A), before any further funds 

for such account are distributed to the eligible local educational agency. 

(m) NONDISCRIMINATION.—

(1) PROHIBITION.— (A) IN GENERAL.—A school that enrolls a displaced student under this section shall not discriminate against students on the basis of race, color, national origin, religion, 

disability, or sex. 

(B) APPLICABILITY.—The prohibition of religious discrimination in subparagraph (A) shall not apply with regard to enrollment for a non-public school that is controlled 

by a religious organization or organized and operated on 

the basis of religious tenets, except that the prohibition of 

religious discrimination shall apply with respect to the enrollment of displaced students assisted under this section. 

(2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.—

(A) IN GENERAL.—To the extent consistent with title IX 

of the Education Amendments of 1972 (20 U.S.C. 1681 et 

seq.), the prohibition of sex discrimination in paragraph 

(1)(A) shall not apply to a non-public school that is controlled by a religious organization or organized and operated on the basis of religious tenets if the application of 

paragraph (1)(A) would not be consistent with the religious 

tenets of such organization. 


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(B) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.— Notwithstanding paragraph (1)(A) and to the extent consistent with title IX of the Education Amendments of 1972, 

a parent or guardian may choose and a non-public school 

may offer a single sex school, class, or activity. 

(3) GENERAL PROVISION.—Nothing in this subtitle may be 

construed to alter or modify the provisions of the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI 

of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 

IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 

seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 

(4) OPT-OUT.—A parent or guardian of a displaced student 

on behalf of whom a payment to an account is made under this 

section shall have the option to have such parent or guardian’s 

displaced child opt out of religious worship or religious classes 

offered by the non-public school in which such student is enrolled and on behalf of whom a payment to an account is made 

under this section. 

(5) RULE OF CONSTRUCTION.—The amount of any payment 

(or other form of support provided on behalf of a displaced student) under this section shall not be treated as income of a parent or guardian of the student for purposes of Federal tax laws 

or for determining eligibility for any other Federal program. 

(m) TREATMENT OF STATE AID.—A State shall not take into consideration emergency impact aid payments received under this section by a local educational agency in the State in determining the 

eligibility of such local educational agency for State aid, or the 

amount of State aid, with respect to free public education of children. 

SEC. 108. SEVERABILITY. 

If any provision of this subtitle, an amendment made by this 

subtitle, or the application of such provision or amendment to any 

person or circumstance is held to be unconstitutional, the remainder 

of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance 

shall not be affected thereby. 

SEC. 109. AUTHORIZATION OF FUNDS. 

There are authorized to be appropriated such sums as may be 

necessary to carry out sections 102, 106, and 107. 

SEC. 110. SUNSET PROVISION. 

Except as provided in section 105, the provisions of this subtitle 

shall be effective for the period beginning on the date of enactment 

of this Act and ending on August 1, 2006. 

Subtitle B—Higher Education Hurricane Relief 

SEC. 201. SHORT TITLE. 

This subtitle may be cited as the ‘‘Higher Education Hurricane 

Relief Act of 2005’’. 

SEC. 202. GENERAL WAIVERS AND MODIFICATIONS. 

(a) AUTHORITY.—Notwithstanding any other provision of law, 

unless enacted with specific reference to this section, the Secretary 

is authorized to waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under 


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title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 

seq.), or any student or institutional eligibility provisions in the 

Higher Education Act of 1965, as the Secretary deems necessary in 

connection with a Gulf hurricane disaster to ensure that— (1) administrative requirements placed on affected students, 

affected individuals, affected institutions, lenders, guaranty 

agencies, and grantees are minimized to the extent possible 

without impairing the integrity of the higher education programs under the Higher Education Act of 1965, to ease the burden on such participants; or 

(2) institutions of higher education, lenders, guaranty agencies, and other entities participating in the student financial assistance programs under title IV of the Higher Education Act 

of 1965, that serve an area affected by a Gulf hurricane disaster, may be granted temporary relief from requirements that 

are rendered infeasible or unreasonable due to the effects of a 

Gulf hurricane disaster, including due diligence requirements 

and reporting deadlines. 

(b) AUTHORITY TO EXTEND OR WAIVE REPORTING REQUIRE- MENTS UNDER SECTION 131(a).—The Secretary is authorized to extend reporting deadlines or waive reporting requirements under section 131(a) of the Higher Education Act of 1965 (20 U.S.C. 1015(a)) 

for an affected institution. 

(c) CONSTRUCTION.—Nothing in this subtitle shall be construed—(1) to allow the Secretary to waive or modify any applicable 

statutory or regulatory requirements prohibiting discrimination 

in a program or activity, or in employment or contracting, 

under existing law (in existence on the date of the Secretary’s 

action); or 

(2) to authorize any refunding of any repayment of a loan. 

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

The Secretary is authorized to approve modifications to the requirements for Teacher Quality Enhancement Grants for States and 

Partnerships under part A of title II of the Higher Education Act 

of 1965 (20 U.S.C. 1021 et seq.), at the request of the grantee— (1) to assist States and local educational agencies to recruit 

and retain highly qualified teachers in a school district located 

in an area affected by a Gulf hurricane disaster; and 

(2) to assist institutions of higher education, located in such 

area to recruit and retain faculty necessary to prepare teachers 

and provide professional development. 

SEC. 204. AUTHORIZED USES OF TRIO, GEAR–UP, PART A OR B OF 

TITLE III, AND OTHER GRANTS. 

The Secretary is authorized to modify the required and allowable uses of funds under chapters 1 and 2 of subpart 2 of part A 

of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et 

seq., 1070a–21 et seq.), under part A or B of title III (20 U.S.C. 1057 

et seq., 1060 et seq.), and under any other competitive grant program, at the request of an affected institution or other grantee, with 

respect to affected institutions and other grantees located in an area 

affected by a Gulf hurricane disaster. The Secretary may not, under 

the authority of this section, authorize any new construction, renovation, or improvement of classrooms, libraries, laboratories, or 


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other instructional facilities that is not authorized under the institution’s grant award, as in effect on the date of enactment of this Act, 

under part A or B of title III of such Act. 

SEC. 205. PROFESSIONAL JUDGMENT. 

A financial aid administrator shall be considered to be making 

an adjustment in accordance with section 479A(a) of the Higher 

Education Act of 1965 (20 U.S.C. 1087tt(a)) if the financial aid administrator makes the adjustment with respect to the calculation of 

the expected student or parent contribution (or both) for an affected 

student, or for a student or a parent who resides or resided on August 29, 2005, or was employed on August 29, 2005, in an area affected by a Gulf hurricane disaster. The financial aid administrator 

shall adequately document the need for the adjustment. 

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

(a) IN GENERAL.—The Secretary shall make special efforts, in 

conjunction with State efforts, to notify affected students and if applicable, their parents, who qualify for means-tested Federal benefit 

programs, of their potential eligibility for a maximum Pell Grant, 

and shall disseminate such informational materials as the Secretary deems appropriate. 

(b) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—For the purpose of this section, the term ‘‘means-tested Federal benefit program’’

means a mandatory spending program of the Federal Government, 

other than a program under the Higher Education Act of 1965, in 

which eligibility for the program’s benefits, or the amount of such 

benefits, or both, are determined on the basis of income or resources 

of the individual or family seeking the benefit, and may include 

such programs as the supplemental security income program under 

title XVI of the Social Security Act, the food stamp program under 

the Food Stamp Act of 1977, the free and reduced price school lunch 

program established under the Richard B. Russell National School 

Lunch Act, the temporary assistance to needy families program established under part A of title IV of the Social Security Act, and the 

women, infants, and children program established under section 17 

of the Child Nutrition Act of 1966, and other programs identified 

by the Secretary. 

SEC. 207. PROCEDURES. 

(a) REGULATORY REQUIREMENTS INAPPLICABLE.—Sections 

482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 

1089(c), 1098a), section 437 of the General Education Provisions Act 

(20 U.S.C. 1232), and section 553 of title 5, United States Code, 

shall not apply to this subtitle. 

(b) NOTICE OF WAIVERS, MODIFICATIONS, OR EXTENSIONS.—

Notwithstanding section 437 of the General Education Provisions 

Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, 

the Secretary shall make publicly available the waivers, modifications, or extensions granted under this subtitle. 

(c) CASE-BY-CASE BASIS.—The Secretary is not required to exercise any waiver or modification authority under this subtitle on a 

case-by-case basis. 


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SEC. 208. TERMINATION OF AUTHORITY. 

The authority of the Secretary to issue waivers or modifications 

under this subtitle shall expire at the conclusion of the 2005–2006 

academic year. 

SEC. 209. DEFINITIONS. 

For the purposes of this subtitle, the following terms have the 

following meanings: 

(1) AFFECTED INDIVIDUAL.—The term ‘‘affected individual’’

means an individual who has applied for or received student financial assistance under title IV of the Higher Education Act 

of 1965, and—

(A) who is an affected student; or 

(B) whose primary place of employment or residency 

was, as of August 29, 2005, in an area affected by a Gulf 

hurricane disaster. 

(2) AFFECTED INSTITUTION.—

(A) IN GENERAL.—The term ‘‘affected institution’’

means an institution of higher education that—

(i) is located in an area affected by a Gulf hurricane disaster; and 

(ii) has temporarily ceased operations as a consequence of a Gulf hurricane disaster, as determined by 

the Secretary. 

(B) LENGTH OF TIME.—In determining eligibility for assistance under this subtitle, the Secretary, using consistent, 

objective criteria, shall determine the time period for which 

an institution of higher education is an affected institution. 

(C) SPECIAL RULE.—An organizational unit of an affected institution that is not impacted by a Gulf hurricane 

disaster shall not be considered as part of such affected institution for purposes of receiving assistance under this 

subtitle. 

(3) AFFECTED STATE.—The term ‘‘affected State’’ means the 

State of Alabama, Florida, Louisiana, Mississippi, or Texas 

(4) AFFECTED STUDENT.—The term ‘‘affected student’’

means an individual who was enrolled or accepted for enrollment on August 29, 2005, at an affected institution. 

(5) AREA AFFECTED BY A GULF HURRICANE DISASTER.—The 

term ‘‘area affected by a Gulf hurricane disaster’’ means a county or parish, in an affected State, that has been designated by 

the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane 

Katrina or Hurricane Rita. 

(6) CANCELLED ENROLLMENT PERIOD.—The term ‘‘cancelled 

enrollment period’’ means any period of enrollment at an affected institution during the academic year 2005–2006, during 

which students were unable to attend such institution. 

(7) GULF HURRICANE DISASTER.—The term ‘‘Gulf hurricane 

disaster’’ means a major disaster that the President declared to 

exist, in accordance with section 401 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act, and that was 

caused by Hurricane Katrina or Hurricane Rita. 

(8) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ means—


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131 

(A) an institution covered by the definition of such term 

in section 101 of the Higher Education Act of 1965 (20 

U.S.C. 1001); and 

(B) an institution described in subparagraph (A) or (B) 

of section 102(a)(1) of such Act (20 U.S.C. 1002(a)(1)(A), 

(B)). 

(9) QUALIFIED STUDENT LOAN.—The term ‘‘qualified student 

loan’’ means any loan made, insured, or guaranteed under part 

B, D, or E of title IV of the Higher Education Act of 1965, other 

than a loan under section 428B of such title or a Federal Direct 

Plus loan. 

(10) QUALIFIED PARENT LOAN.—The term ‘‘qualified parent 

loan’’ means a loan made under section 428B of title IV of the 

Higher Education Act of 1965 or a Federal Direct Plus loan. 

(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. 

Subtitle C—Education and Related Programs Hurricane 

Relief 

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

CHILDREN WITH DISABILITIES. 

(a) AUTHORITY.—The Secretary of Education may enter into an 

agreement described in subsection (b) with an eligible entity to extend certain deadlines under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) related to providing special education and related services, including early intervention services, to 

individuals adversely affected by a Gulf hurricane disaster. 

(b) TERMS OF AGREEMENTS.—An agreement referred to in subsection (a) is an agreement with an eligible entity made in accordance with subsection (e) that may extend the applicable deadlines 

under one or more of the following sections: 

(1) Section 611(e)(3)(C)(ii) of such Act, by extending up to 

an additional 60 days the 90 day deadline for developing a 

State plan for the high cost fund. 

(2) Section 612(a)(15)(C) of such Act, by extending up to an 

additional 60 days the deadline for submission of the annual 

report to the Secretary of Education and the public regarding 

the progress of the State and of children with disabilities in the 

State. 

(3) Section 612(a)(16)(D) of such Act, by extending up to an 

additional 60 days the deadline for making available reports 

regarding the participation in assessments and the performance 

on such assessments of children with disabilities. 

(4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up to 

an additional 30 days the 60 day deadline for the initial evaluation to determine whether a child is a child with a disability 

for purposes of the provision of special education and related 

services to such child. 

(5) Section 616(b)(1)(A) of such Act, by extending up to an 

additional 60 days the deadline for finalization of the State performance plan. 

(6) Section 641(e)(1)(D) of such Act, by extending up to an 

additional 60 days the deadline for submission to the Governor 


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of a State and the Secretary of Education of the report on the 

status of early intervention programs for infants and toddlers 

with disabilities and their families operated within the State. 

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

construed—

(1) as permitting the waiver of—

(A) any applicable Federal civil rights law; 

(B) any student or family privacy protections, including 

provisions requiring parental consent for evaluations and 

services; 

(C) any procedural safeguards required under section 

615 or section 639 of the Individuals with Disabilities Education Act; or 

(D) any requirements not specified in subsection (b) of 

this section; or 

(2) as removing the obligation of the eligible entity to provide a child with a disability or an infant or toddler with a disability and their families—

(A) a free appropriate public education under part B of 

the Individuals with Disabilities Education Act; or 

(B) early intervention services under part C of such 

Act. 

(d) DURATION OF AGREEMENT.—An agreement under this section shall terminate at the conclusion of the 2005–2006 academic 

year. 

(e) REQUEST TO ENTER INTO AGREEMENT.—To enter into an 

agreement under this section, an eligible entity shall submit a request to the Secretary of Education at such time, in such manner, 

and containing such information as the Secretary may require. 

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

GRANT 

(a) HEAD START.—

(1) TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES.—

From the amount made available for Head Start in this Act, 

the Secretary of Health and Human Services shall provide 

training and technical assistance, guidance, and resources 

through the Region 4 and Region 6 offices of the Administration 

for Children and Families (and may provide training and technical assistance, guidance, and resources through other regional 

offices of the Administration, at the request of such offices that 

administer affected Head Start agencies and Early Head Start 

entities) to Head Start agencies and Early Head Start entities 

in areas affected by a Gulf hurricane disaster, and to affected 

Head Start agencies and Early Head Start entities, to assist the 

agencies and entities involved to address the health and counseling needs of infants, toddlers, and young children affected by 

a Gulf hurricane disaster. Such training and technical assistance may be provided by contract or cooperative agreement with 

qualified national, regional, or local providers. 

(2) WAIVER.—For such period up to September 30, 2006, 

and to such extent as the Secretary considers appropriate, the 

Secretary of Health and Human Services—

(A) may waive section 640(b) of the Head Start Act for 

Head Start agencies located in an area affected by a Gulf 


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133 

hurricane disaster, and other affected Head Start agencies 

and Early Head Start agencies; and 

(B) shall waive requirements of documentation for individuals adversely affected by a Gulf hurricane disaster 

who participate in a Head Start program on an Early 

Head Start program funded under the Head Start Act. 

(b) CHILD CARE AND DEVELOPMENT BLOCK GRANT.— (1) CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF

1990.—For such period up to September 30, 2006, and to such 

extent as the Secretary considers to be appropriate, the Secretary of Health and Human Services may waive, for any affected State, and any State serving significant numbers of individuals adversely affected by a Gulf hurricane disaster, provisions of the Child Care and Development Block Grant Act of 

1990 (42 U.S.C. 9858 et seq.)— (A) relating to Federal income limitations on eligibility 

to receive child care services for which assistance is provided under such Act; 

(B) relating to work requirements applicable to eligibility to receive child care services for which assistance is 

provided under such Act; 

(C) relating to limitations on the use of funds under 

section 658G of the Child Care and Development Block 

Grant Act of 1990; 

(D) preventing children designated as evacuees for receiving priority for child care services provided under such 

Act, except that children residing in a State and currently 

receiving services should not lose such services to accommodate evacuee children; and 

(E) relating to any non-Federal or capital contribution 

required (including copayment or other cost sharing by parents receiving child care assistance) to match Federal funds 

provided under programs administered by the Secretary of 

Health and Human Services; 

(2) TECHNICAL ASSISTANCE AND GUIDANCE.—The Secretary 

may provide assistance to States for the purpose of providing 

training, technical assistance, and guidance to eligible child 

care providers (as defined in section 658P of the Child Care 

and Development Block Grant Act of 1990) who are licensed 

and regulated, as applicable, by the States, to enable such provides to provide child care services for children and families described in paragraph (1). Such training and technical assistance may be provided through intermediary organizations, including those with demonstrated experience in providing training and technical assistance to programs serving school-age 

children up to age 13, involved in restituting child care services 

on a broad scale in areas affected by a Gulf hurricane disaster. 

SEC. 303. DEFINITIONS. 

(a) IN GENERAL.—Unless otherwise specified in this subtitle, the 

terms used in this subtitle have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965. 

(b) ADDITIONAL DEFINITIONS.—For the purposes of this subtitle: 

(1) AFFECTED HEAD START AGENCIES AND EARLY HEAD

START AGENCIES.—The term ‘‘affected Head Start Agencies and 

Early Head Start Agencies’’ means a Head Start agency receivVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00133 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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134 

ing a significant number of children from an area win which 

a Gulf hurricane disaster has been declared. 

(2) AFFECTED STATE.—The term ‘‘affected State’’ means the 

State of Alabama, Florida, Louisiana, Mississippi, or Texas. 

(3) AREA AFFECTED BY A GULF HURRICANE DISASTER.—The 

term ‘‘area affected by a Gulf hurricane disaster’’ means a county or parish, in an affected State, that has been designated by 

the Federal Energy Management Agency for disaster assistance 

for individuals and households as a result of Hurricane 

Katrina or Hurricane Rita. 

(4) CHILD WITH A DISABILITY.—The term ‘‘child with a disability’’ has the meaning given such term in section 602(3) of 

the Individuals with Disabilities Education Act. 

(5) ELIGIBILE ENTITY.—The term ‘‘eligible entity’’ means—

(A) a local educational agency (as defined in section 

602(19) of the Individuals with Disabilities Education Act) 

if such agency is located in a State or in an area of a State 

with respect to which the President has declared that a 

Gulf hurricane disaster exists; 

(B) a State educational agency (as defined in section 

602(32) of such Act) if such agency is located in a State 

with respect to which the President has declared that a 

Gulf hurricane disaster exists; or 

(C) a State interagency coordinating council established under section 641 of such Act if such council is located in a State with respect to which the President has declared that a Gulf hurricane disaster exists. 

(6) GULF HURRICANE DISASTER.—The term ‘‘Gulf hurricane 

disaster’’ means a major disaster that the President declared to 

exist, in accordance with section 401 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act, and that was 

caused by Hurricane Katrina or Hurricane Rita. 

(7) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’—

(A) in the case of a special education teacher, has the 

meaning given such term in section 602 of the Individuals 

with Disabilities Education Act; and 

(B) in the case of any other elementary, middle, or secondary school teacher, has the meaning given such term in 

section 9101 of the Elementary and Secondary Education 

Act of 1965. 

(8) INDIVIDUAL ADVERSELY AFFECTED BY A GULF HURRICANE

DISASTER.—The term ‘‘individual adversely affected by a Gulf 

hurricane disaster’’ means an individual who, on August 29, 

2005, was living, working, or attending school in an area in 

which the President has declared to exist a Gulf hurricane disaster. 

(9) INFANT OR TODDLER WITH A DISABILITY.—The term ‘‘infant or toddler with a disability’’ has the meaning given such 

term in section 632(5) of the Individuals with Disabilities Education Act. 


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TITLE V 

GENERAL PROVISIONS AND TECHNICAL CORRECTIONS 

SEC. 5001. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 5002. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in either division A or division B shall 

be treated as referring only to the provisions of that division. 

SEC. 5003. Effective upon the enactment of this Act, none of the 

funds appropriated or otherwise made available by the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107– 38) shall be transferred to or from the Emergency Response Fund. 

SEC. 5004. Title I of the Agriculture, Rural Development, Food 

and Drug Administration, and Related Agencies Appropriations 

Act, 2006 (Public Law 109–97) is amended in the paragraph under 

the heading ‘‘Cooperative State Research, Education, and Extension 

Service, Research and Education Activities’’ (109 Stat. 2126) by inserting ‘‘, to remain available until expended’’ after ‘‘for a veterinary 

medicine loan repayment program pursuant to section 1415A of the 

National Agricultural Research, Extension, and Teaching Policy Act 

of 1977 (7 U.S.C. 3101 et seq.), $500,000’’. SEC. 5005. Section 207 of division C of Public Law 108–447 is 

amended by inserting ‘‘, and any effects of inflation thereon,’’ after 

the word ‘‘increase’’. SEC. 5006. The matter under the heading ‘‘Water and Related 

Resources’’ in Public Law 109–103 is amended by inserting before 

the period at the end the following: ‘‘: Provided further, That $10,000,000 of the funds appropriated under this heading shall be 

deposited in the San Gabriel Basin Restoration Fund established by 

section 110 of title I of appendix D of Public Law 106–554’’. SEC. 5007. The funds appropriated in Public Law 109–103 

under the heading ‘‘Bureau of Reclamation, Water and Related Resources’’ for the Placer County, California Sub-Regional Wastewater 

Treatment Project are hereby transferred to and merged with the 

amount appropriated in such public law under the heading ‘‘Corps 

of Engineers—Civil, Construction’’, and shall be used for the construction of such project under the same terms and conditions that 

would have been applicable if such funds had originally been appropriated to the Corps of Engineers. 

SEC. 5008. Section 118 of Public Law 109–103 is amended by 

striking ‘‘106–541’’ and inserting ‘‘106–53’’ in lieu thereof. 

SEC. 5009. Public Law 109–103 is amended under the heading 

‘‘Corps of Engineers—Civil, Investigations’’, by striking ‘‘Provided 

further, That using $8,000,000’’ and all that follows to the end of 

the paragraph, and inserting in lieu thereof, ‘‘Provided further, 

That using $8,000,000 of the funds provided herein, the Secretary 

of the Army, acting through the Chief of Engineers, is directed to 

conduct a comprehensive hurricane protection analysis and design 

at full federal expense to develop and present a full range of flood 

control, coastal restoration, and hurricane protection measures exclusive of normal policy considerations for South Louisiana and the 

Secretary shall submit a preliminary technical report for comprehensive Category 5 protection within 6 months of enactment of 


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this Act and a final technical report for Category 5 protection within 24 months of enactment of this Act: Provided further, That the 

Secretary shall consider providing protection for a storm surge 

equivalent to a Category 5 hurricane within the project area and 

may submit reports on component areas of the larger protection program for authorization as soon as practicable: Provided further, 

That the analysis shall be conducted in close coordination with the 

State of Louisiana and its appropriate agencies.’’. SEC. 5010. Funds made available under the heading ‘‘Construction, Rehabilitation, Operation and Maintenance, Western Area 

Power Administration’’ in Public Law 109–103 shall be available 

for the operation, maintenance, and purchase, through transfer, exchange, or sale, of one helicopter for replacement only. 

SEC. 5011. (a) In addition to the amounts provided elsewhere 

in this Act, $50,000,000 is hereby appropriated to the Department 

of Labor, to remain available until expended, for payment to the 

New York State Uninsured Employers Fund for reimbursement of 

claims related to the September 11, 2001, terrorist attacks on the 

United States and for reimbursement of claims related to the first 

response emergency services personnel who were injured, were disabled, or died due to such terrorist attacks. 

(b) In addition to the amounts provided elsewhere in this Act, 

$75,000,000 is hereby appropriated to the Centers for Disease Control and Prevention, to remain available until expended, for purposes related to the September 11, 2001, terrorist attacks on the 

United States. In expending such funds, the Director of the Centers 

for Disease Control and Prevention shall (1) give first priority to existing programs that administer baseline and follow-up screening, 

clinical examinations, or long-term medical health monitoring, 

analysis, or treatment for emergency services personnel or rescue 

and recovery personnel, as coordinated by the Mount Sinai Center 

for Occupational and Environmental Medicine of New York City, 

the New York City Fire Department’s Bureau of Health Services and 

Counseling Services Unit, the New York City Police Foundation’s 

Project COPE, the Police Organization Providing Peer Assistance of 

New York City, and the New York City Department of Health and 

Mental Hygiene’s World Trade Center Health Registry; and (2) give 

secondary priority to similar programs coordinated by other entities 

working with the State of New York and New York City. 

(c) Each amount appropriated in this section is designated as 

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

95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006. 

SEC. 5012. The Flexibility for Displaced Workers Act (Public 

Law 109–72) is amended by striking ‘‘Hurricane Katrina’’ each 

place it appears and inserting ‘‘hurricanes in the Gulf of Mexico in 

calendar year 2005’’. 

SEC. 5013. Section 124 of Public Law 109–114 is amended by 

inserting before the period at the end the following: ‘‘: Provided further, That nothing in this section precludes the Secretary of a military department, after notifying the congressional defense committees and waiting 21 days, from using funds derived under section 

2601, chapter 403, chapter 603, or chapter 903 of title 10, United 

States Code, for the maintenance or repair of General and Flag Officer Quarters at the military service academy under the jurisdiction 


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of that Secretary: Provided further, That each Secretary of a military department shall provide an annual report by February 15 to 

the congressional defense committees on the amount of funds that 

were derived under section 2601, chapter 403, chapter 603, or chapter 903 of title 10, United States Code in the previous year and were 

obligated for the construction, improvement, repair, or maintenance 

of any military facility or infrastructure’’. SEC. 5014. Section 128 of Public Law 109–114 is amended as 

follows—

(1) by inserting after ‘‘support’’ the following: ‘‘a continuing 

mission or function at that installation or’’; and 

(2) by inserting after the last period the following: ‘‘This 

section shall not apply to military construction projects, land 

acquisition, or family housing projects for which the project is 

vital to the national security or the protection of health, safety, 

or environmental quality: Provided, That the Secretary of Defense shall notify the congressional defense committees within 

seven days of a decision to carry out such a military construction project.’’. SEC. 5015. The amount provided for ‘‘Military Construction, 

Army’’ in Public Law 109–114 is hereby reduced by $8,100,000 for 

the Special Operations Free Fall Simulator at Yuma Proving 

Ground, Arizona. 

The amount provided for ‘‘Military Construction, Army’’ in Public Law 109–114 is hereby increased by $8,100,000 for the Upgrade 

Wastewater Treatment Plant at Yuma Proving Ground, Arizona. 

SEC. 5016. The last paragraph of Public Law 109–114 is 

amended by inserting ‘‘Military Construction,’’ before ‘‘Military 

Quality’’. SEC. 5017. (a) Section 613 of Public Law 109–108 is amended 

by striking ‘‘$500,000 shall be for a grant to Warren County, Virginia, for a community enhancement project;’’ and inserting 

‘‘$250,000 shall be for a grant to Warren County, Virginia, for a 

community enhancement project; $250,000 shall be for a grant to 

The ARC of Loudoun County for land acquisition and construction;’’; 

(b) Section 619(a) of division B in Public Law 108–447 is 

amended by striking ‘‘$50,000 shall be available for a grant for the 

Promesa Foundation in the Bronx, New York, to provide community 

growth funding;’’ and inserting ‘‘$50,000 shall be available for a 

grant to the Promesa Foundation to provide financial assistance to 

New York area families and organizations under a youth sports and 

recreational initiative;’’; 

(c) Section 621 of division B in Public Law 108–199 is amended 

by striking ‘‘$200,000 shall be available for a grant for the Promesa 

Foundation in South Bronx, New York, to provide community 

growth funding;’’ and inserting ‘‘$200,000 shall be available for a 

grant to the Promesa Foundation to provide financial assistance to 

New York area families and organizations under a youth sports and 

recreational initiative;’’; 

(d) Section 625 of division B in Public Law 108–7 is amended 

by striking ‘‘$200,000 shall be available for a grant for the Promesa 

Foundation in South Bronx, New York to provide community 

growth funding;’’ and inserting ‘‘$200,000 shall be available for a 

grant to the Promesa Foundation to provide financial assistance to 


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New York area families and organizations under a youth sports and 

recreational initiative;’’. SEC. 5018. Public Law 109–108 is amended under the heading ‘‘State and Local Law Enforcement Assistance’’ in subparagraph 4 

by striking ‘‘authorized by subpart 2 of part E, of title I of the 1968 

Act, notwithstanding the provisions of section 511 of said Act’’. 

(TRANSFER OF FUNDS)

SEC. 5019. The unobligated and unexpended balances of the 

amount appropriated under the heading ‘‘United States-Canada 

Railroad Commission’’ by chapter 9 of title II of Public Law 107– 20 shall be transferred as a direct lump-sum payment to the University of Alaska. 

SEC. 5020. The matter under the heading ‘‘Federal Transit Administration, capital investment grants’’ in title I of division A of 

Public Law 109–115 is amended by striking ‘‘Virginia, $26,000,000’’ and inserting ‘‘Virginia, $30,000,000’’; by striking ‘‘Ohio, 

$24,770,000’’ and inserting ‘‘Ohio, $24,774,513’’; and by striking ‘‘Metro, Pennsylvania, $2,000,000’’ and inserting ‘‘Metro, Pennsyl- vania, $4,000,000’’. SEC. 5021. For purposes of compliance with section 205 of Public Law 109–115, a reduction in taxpayer service shall include, but 

not be limited to, any reduction in available hours of telephone taxpayer assistance on a daily, weekly and monthly basis below the levels in existence during the month of October 2005. 

SEC. 5022. The referenced statement of the managers under the 

heading ‘‘Community development fund’’ in Public Law 108–447 is 

amended with respect to item number 145 by striking ‘‘Putnam 

County, Missouri’’ and inserting ‘‘Sullivan County, Missouri’’. SEC. 5023. The statement of the managers correction referenced 

under the second paragraph of the heading ‘‘Community development fund’’ in title III of Public Law 109–115 (as in effect pursuant 

to H. Con. Res. 308, 109th Congress) is deemed to be amended— (1) with respect to item number 65 by striking ‘‘$125,000 to 

Esperanza Mercado Project, California for the Esperanza Community Maple-Mae Project;’’ and inserting ‘‘$125,000 to the 

Esperanza Community Housing Corporation, Los Angeles, California for the Mercado La Paloma project;’’; 

(2) with respect to item number 840 by striking ‘‘$100,000 

to Gwen’s Girls, Inc. in Pittsburgh, Pennsylvania for construction of a residential facility;’’ and inserting ‘‘$100,000 to the 

Bloomfield-Garfield Association in Pittsburgh, Pennsylvania for 

acquisition and demolition;’’; 

(3) with respect to item number 411 by striking ‘‘$200,000 

to the City of Holyoke, Massachusetts for renovations of facility 

for Solutions Development Corporation;’’ and inserting 

‘‘$200,000 to Solutions Development Inc. of Holyoke, Massachusetts for facility renovations;’’; 

(4) with respect to item number 314 by striking ‘‘$225,000 

to the City of Harvey, Illinois for demolition and redevelopment 

of property to aid the community;’’ and inserting ‘‘$225,000 to 

the Village of Riverdale, Illinois for planning, design, acquisition, and demolition;’’; 

(5) with respect to item number 715 by striking ‘‘39th’’ and 

inserting ‘‘59th’’; 


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139 

(6) with respect to item number 26 by striking ‘‘Center’’ and 

inserting ‘‘College’’; 

(7) with respect to item number 372 by striking ‘‘Fairview, 

Kansas’’ and inserting ‘‘Fairway, Kansas’’; 

(8) with respect to item number 584 by striking ‘‘City of 

Asheville, North Carolina for the renovation of the Asheville 

Veterans Memorial Stadium’’ and inserting ‘‘UNC Asheville 

Science and Multimedia Center, City of Asheville, North Carolina for the construction of a new science and multi-media 

building’’; and 

(9) with respect to item number 341 by striking ‘‘Village of 

Northfield, IL’’ and inserting ‘‘Northfield Park District of Illinois’’. 

SEC. 5024. The referenced statement of the managers under the 

heading ‘‘Community development fund’’ in title II of division I of 

Public Law 108–447 is deemed to be amended with respect to item 

571 by striking ‘‘$575,000 to the Metropolitan Development Association in Syracuse, New York for the Essential New York Initiative’’

and inserting ‘‘$200,000 to the Monroe County Industrial Development Agency for streetscape and infrastructure improvements to the 

Medley Center in the Town of Irondequoit, New York; $90,000 to the 

City of Syracuse, New York for facilities and equipment improvements for the Syracuse Food Bank; $200,000 to the City of Syracuse, 

New York for renovations and infrastructure improvements to the 

Lofts on Willow Urban Village project; and, $85,000 to Cayuga 

County, New York for the CIVIC Heritage Historical Society for the 

construction of a history center;’’. 

SEC. 5025. Effective upon the enactment of this Act, none of the 

funds appropriated or otherwise made available by the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107–

38) shall be transferred to or from the Emergency Response Fund. 

This division may be cited as the ‘‘Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and 

Pandemic Influenza, 2006’’. 

DIVISION C—AMERICAN ENERGY INDEPENDENCE AND SECURITY ACT OF 

2005 

SEC. 1. SHORT TITLE. 

This division may be cited as the ‘‘American Energy Independence and Security Act of 2005’’. 

SEC. 2. DEFINITIONS. 

In this division: 

(1) COASTAL PLAIN.—The term ‘‘Coastal Plain’’ means that 

area identified as the ‘‘1002 Coastal Plain Area’’ on the map. 

(2) FEDERAL AGREEMENT.—The term ‘‘Federal Agreement’’

means the Federal Agreement and Grant Right-of-Way for the 

Trans-Alaska Pipeline issued on January 23, 1974, in accordance with section 28 of the Mineral Leasing Act (30 U.S.C. 185) 

and the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 

1651 et seq.). 


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(3) FINAL STATEMENT.—The term ‘‘Final Statement’’ means 

the final legislative environmental impact statement on the 

Coastal Plain, dated April 1987, and prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation 

Act (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Arctic 

National Wildlife Refuge’’, dated September 2005, and prepared 

by the United States Geological Survey. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior (or the designee of the Secretary), acting through 

the Director of the Bureau of Land Management in consultation 

with the Director of the United States Fish and Wildlife Service 

and in coordination with a State coordinator appointed by the 

Governor of the State of Alaska. 

SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN. 

(a) IN GENERAL.—

(1) AUTHORIZATION.—Congress authorizes the exploration, 

leasing, development, production, and economically feasible and 

prudent transportation of oil and gas in and from the Coastal 

Plain. 

(2) ACTIONS.—The Secretary shall take such actions as are 

necessary—

(A) to establish and implement, in accordance with this 

division, a competitive oil and gas leasing program that 

will result in an environmentally sound program for the exploration, development, and production of the oil and gas 

resources of the Coastal Plain while taking into consideration the interests and concerns of residents of the Coastal 

Plain, which is the homeland of the Kaktovikmiut Inupiat; 

and 

(B) to administer this division through regulations, 

lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that—

(i) ensure the oil and gas exploration, development, 

and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment; and 

(ii) require the application of the best commercially 

available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this division in 

a manner that ensures the receipt of fair market value 

by the public for the mineral resources to be leased. 

(b) REPEAL.—

(1) REPEAL.—Section 1003 of the Alaska National Interest 

Lands Conservation Act (16 U.S.C. 3143) is repealed. 

(2) CONFORMING AMENDMENT.—The table of contents contained in section 1 of that Act (16 U.S.C. 3101 note) is amended 

by striking the item relating to section 1003. 

(c) COMPLIANCE WITH REQUIREMENTS UNDER CERTAIN OTHER

LAWS.—


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(1) COMPATIBILITY.—For purposes of the National Wildlife 

Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 

seq.)— (A) the oil and gas pre-leasing and leasing program, 

and activities authorized by this section in the Coastal 

Plain, shall be considered to be compatible with the purposes for which the Arctic National Wildlife Refuge was established; and 

(B) no further findings or decisions shall be required to 

implement that program and those activities. 

(2) ADEQUACY OF THE DEPARTMENT OF THE INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT STATEMENT.—The Final 

Statement shall be considered to satisfy the requirements under 

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.) that apply with respect to pre-leasing activities, including exploration programs and actions authorized to be taken by 

the Secretary to develop and promulgate the regulations for the 

establishment of a leasing program authorized by this division 

before the conduct of the first lease sale. 

(3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS.—

(A) IN GENERAL.—Before conducting the first lease sale 

under this division, the Secretary shall prepare an environmental impact statement in accordance with the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

with respect to the actions authorized by this division that 

are not referred to in paragraph (2). 

(B) IDENTIFICATION AND ANALYSIS.—Notwithstanding 

any other provision of law, in carrying out this paragraph, 

the Secretary shall not be required— (i) to identify nonleasing alternative courses of action; or 

(ii) to analyze the environmental effects of those 

courses of action. 

(C) IDENTIFICATION OF PREFERRED ACTION.—Not later 

than 18 months after the date of enactment of this Act, the 

Secretary shall—

(i) identify only a preferred action and a single 

leasing alternative for the first lease sale authorized 

under this division; and 

(ii) analyze the environmental effects and potential 

mitigation measures for those 2 alternatives. 

(D) PUBLIC COMMENTS.—In carrying out this paragraph, the Secretary shall consider only public comments 

that are filed not later than 20 days after the date of publication of a draft environmental impact statement. 

(E) EFFECT OF COMPLIANCE.—Notwithstanding any 

other provision of law, compliance with this paragraph 

shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this division. 

(d) RELATIONSHIP TO STATE AND LOCAL AUTHORITY.—Nothing 

in this division expands or limits any State or local regulatory authority. 

(e) SPECIAL AREAS.—

(1) DESIGNATION.—


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(A) IN GENERAL.—The Secretary, after consultation 

with the State of Alaska, the North Slope Borough, Alaska, 

and the City of Kaktovik, Alaska, may designate not more 

than 45,000 acres of the Coastal Plain as a special area if 

the Secretary determines that the special area would be of 

such unique character and interest as to require special 

management and regulatory protection. 

(B) SADLEROCHIT SPRING AREA.—The Secretary shall 

designate as a special area in accordance with subparagraph (A) the Sadlerochit Spring area, comprising approximately 4,000 acres as depicted on the map. 

(2) MANAGEMENT.—The Secretary shall manage each special area designated under this subsection in a manner that— (A) respects and protects the Native people of the area; 

and 

(B) preserves the unique and diverse character of the 

area, including fish, wildlife, subsistence resources, and 

cultural values of the area. 

(3) EXCLUSION FROM LEASING OR SURFACE OCCUPANCY.— (A) IN GENERAL.—The Secretary may exclude any special area designated under this subsection from leasing. 

(B) NO SURFACE OCCUPANCY.—If the Secretary leases 

all or a portion of a special area for the purposes of oil and 

gas exploration, development, production, and related activities, there shall be no surface occupancy of the land 

comprising the special area. 

(4) DIRECTIONAL DRILLING.—Notwithstanding any other 

provision of this subsection, the Secretary may lease all or a 

portion of a special area under terms that permit the use of horizontal drilling technology from sites on leases located outside 

the special area. 

(f) LIMITATION ON CLOSED AREAS.—The Secretary may not close 

land within the Coastal Plain to oil and gas leasing or to exploration, development, or production except in accordance with this 

division. 

(g) REGULATIONS.— (1) IN GENERAL.—Not later than 15 months after the date 

of enactment of this Act, in consultation with appropriate agencies of the State of Alaska, the North Slope Borough, Alaska, 

and the City of Kaktovik, Alaska, the Secretary shall issue such 

regulations as are necessary to carry out this division, including rules and regulations relating to protection of the fish and 

wildlife, fish and wildlife habitat, and subsistence resources of 

the Coastal Plain. 

(2) REVISION OF REGULATIONS.—The Secretary may periodically review and, as appropriate, revise the rules and regulations issued under paragraph (1) to reflect any significant scientific or engineering data that come to the attention of the Secretary. 

SEC. 4. LEASE SALES. 

(a) IN GENERAL.—Land may be leased pursuant to this division 

to any person qualified to obtain a lease for deposits of oil and gas 

under the Mineral Leasing Act (30 U.S.C. 181 et seq.). 

(b) PROCEDURES.—The Secretary shall, by regulation, establish 

procedures for—


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(1) receipt and consideration of sealed nominations for any 

area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; 

(2) the holding of lease sales after that nomination process; 

and 

(3) public notice of and comment on designation of areas to 

be included in, or excluded from, a lease sale. 

(c) LEASE SALE BIDS.—Bidding for leases under this division 

shall be by sealed competitive cash bonus bids. 

(d) ACREAGE MINIMUM IN FIRST SALE.—For the first lease sale 

under this division, the Secretary shall offer for lease those tracts 

the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 

200,000 acres. 

(e) TIMING OF LEASE SALES.—The Secretary shall—

(1) not later than 22 months after the date of enactment of 

this Act, conduct the first lease sale under this division; 

(2) not later than September 30, 2010, conduct a second 

lease sale under this division; and 

(3) conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant 

the conduct of the additional sales. 

SEC. 5. GRANT OF LEASES BY THE SECRETARY. 

(a) IN GENERAL.—Upon payment by a lessee of such bonus as 

may be accepted by the Secretary, the Secretary may grant to the 

highest responsible qualified bidder in a lease sale conducted pursuant to section 4 a lease for any land on the Coastal Plain. 

(b) SUBSEQUENT TRANSFERS.—

(1) IN GENERAL.—No lease issued under this division may 

be sold, exchanged, assigned, sublet, or otherwise transferred 

except with the approval of the Secretary. 

(2) CONDITION FOR APPROVAL.—Before granting any approval described in paragraph (1), the Secretary shall consult 

with and give due consideration to the opinion of the Attorney 

General. 

SEC. 6. LEASE TERMS AND CONDITIONS. 

(a) IN GENERAL.—An oil or gas lease issued pursuant to this division shall—

(1) provide for the payment of a royalty of not less than 

121⁄2 percent of the amount or value of the production removed 

or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and 

gas leases; 

(2) provide that the Secretary may close, on a seasonal 

basis, such portions of the Coastal Plain to exploratory drilling 

activities as are necessary to protect caribou calving areas and 

other species of fish and wildlife; 

(3) require that each lessee of land within the Coastal Plain 

shall be fully responsible and liable for the reclamation of land 

within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, 

production, or transportation activities within the Coastal Plain 


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conducted by the lessee or by any of the subcontractors or 

agents of the lessee; 

(4) provide that the lessee may not delegate or convey, by 

contract or otherwise, that reclamation responsibility and liability to another person without the express written approval of the 

Secretary; 

(5) provide that the standard of reclamation for land required to be reclaimed under this division shall be, to the maximum extent practicable—

(A) a condition capable of supporting the uses that the 

land was capable of supporting prior to any exploration, 

development, or production activities; or 

(B) upon application by the lessee, to a higher or better 

standard, as approved by the Secretary; 

(6) contain terms and conditions relating to protection of 

fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 3(a)(2); 

(7) provide that each lessee, and each agent and contractor 

of a lessee, use their best efforts to provide a fair share of employment and contracting for Alaska Natives and Alaska Native 

Corporations from throughout the State of Alaska, as determined by the level of obligation previously agreed to in the Federal Agreement; and 

(8) contain such other provisions as the Secretary determines to be necessary to ensure compliance with this division 

and regulations issued under this division. 

(b) PROJECT LABOR AGREEMENTS.—The Secretary, as a term 

and condition of each lease under this division, and in recognizing 

the proprietary interest of the Federal Government in labor stability 

and in the ability of construction labor and management to meet the 

particular needs and conditions of projects to be developed under 

the leases issued pursuant to this division (including the special 

concerns of the parties to those leases), shall require that each lessee, and each agent and contractor of a lessee, under this division 

negotiate to obtain a project labor agreement for the employment of 

laborers and mechanics on production, maintenance, and construction under the lease. 

SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

(a) NO SIGNIFICANT ADVERSE EFFECT STANDARD TO GOVERN

AUTHORIZED COASTAL PLAIN ACTIVITIES.—In accordance with section 3, the Secretary shall administer this division through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, 

or other provisions that—

(1) ensure, to the maximum extent practicable, that oil and 

gas exploration, development, and production activities on the 

Coastal Plain will result in no significant adverse effect on fish 

and wildlife, fish and wildlife habitat, and the environment; 

(2) require the application of the best commercially available technology for oil and gas exploration, development, and 

production on all new exploration, development, and production 

operations; and 

(3) ensure that the maximum surface acreage covered in 

connection with the leasing program by production and support 

facilities, including airstrips and any areas covered by gravel 


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berms or piers for support of pipelines, does not exceed 2,000 

acres on the Coastal Plain. 

(b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.—The Secretary shall require, with respect to any proposed drilling and related activities on the Coastal Plain, that— (1) a site-specific environmental analysis be made of the 

probable effects, if any, that the drilling or related activities 

will have on fish and wildlife, fish and wildlife habitat, subsistence resources, subsistence uses, and the environment; 

(2) a plan be implemented to avoid, minimize, and mitigate 

(in that order and to the maximum extent practicable) any significant adverse effect identified under paragraph (1); and 

(3) the development of the plan occur after consultation 

with— (A) each agency having jurisdiction over matters mitigated by the plan; 

(B) the State of Alaska; 

(C) North Slope Borough, Alaska; and 

(D) the City of Kaktovik, Alaska. 

(c) REGULATIONS TO PROTECT COASTAL PLAIN FISH AND WILD- LIFE RESOURCES, SUBSISTENCE USERS, AND THE ENVIRONMENT.— Before implementing the leasing program authorized by this division, the Secretary shall prepare and issue regulations, lease terms, 

conditions, restrictions, prohibitions, stipulations, or other measures 

designed to ensure, to the maximum extent practicable, that the activities carried out on the Coastal Plain under this division are conducted in a manner consistent with the purposes and environmental 

requirements of this division. 

(d) COMPLIANCE WITH FEDERAL AND STATE ENVIRONMENTAL

LAWS AND OTHER REQUIREMENTS.—The proposed regulations, lease 

terms, conditions, restrictions, prohibitions, and stipulations for the 

leasing program under this division shall require—

(1) compliance with all applicable provisions of Federal 

and State environmental law (including regulations); 

(2) implementation of and compliance with— (A) standards that are at least as effective as the safety 

and environmental mitigation measures, as described in 

items 1 through 29 on pages 167 through 169 of the Final 

Statement, on the Coastal Plain; 

(B) seasonal limitations on exploration, development, 

and related activities, as necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration; 

(C) design safety and construction standards for all 

pipelines and any access and service roads that minimize, 

to the maximum extent practicable, adverse effects on— (i) the passage of migratory species (such as caribou); and 

(ii) the flow of surface water by requiring the use 

of culverts, bridges, or other structural devices; 

(D) prohibitions on general public access to, and use of, 

all pipeline access and service roads; 

(E) stringent reclamation and rehabilitation requirements in accordance with this division for the removal from 

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duction facilities, structures, and equipment on completion 

of oil and gas production operations, except in a case in 

which the Secretary determines that those facilities, structures, or equipment—

(i) would assist in the management of the Arctic 

National Wildlife Refuge; and 

(ii) are donated to the United States for that purpose; 

(F) appropriate prohibitions or restrictions on—

(i) access by all modes of transportation; 

(ii) sand and gravel extraction; and 

(iii) use of explosives; 

(G) reasonable stipulations for protection of cultural 

and archaeological resources; 

(H) measures to protect groundwater and surface 

water, including—

(i) avoidance, to the maximum extent practicable, 

of springs, streams, and river systems; 

(ii) the protection of natural surface drainage patterns and wetland and riparian habitats; and 

(iii) the regulation of methods or techniques for developing or transporting adequate supplies of water for 

exploratory drilling; and 

(I) research, monitoring, and reporting requirements; 

(3) that exploration activities (except surface geological 

studies) be limited to the period between approximately November 1 and May 1 of each year and be supported, if necessary, 

by ice roads, winter trails with adequate snow cover, ice pads, 

ice airstrips, and air transport methods (except that those exploration activities may be permitted at other times if the Secretary 

determines that the exploration will have no significant adverse 

effect on fish and wildlife, fish and wildlife habitat, subsistence 

resources, and the environment of the Coastal Plain); 

(4) consolidation of facility siting; 

(5) avoidance or reduction of air traffic-related disturbance 

to fish and wildlife; 

(6) treatment and disposal of hazardous and toxic wastes, 

solid wastes, reserve pit fluids, drilling muds and cuttings, and 

domestic wastewater, including, in accordance with applicable 

Federal and State environmental laws (including regulations)—

(A) preparation of an annual waste management report; 

(B) development and implementation of a hazardous 

materials tracking system; and 

(C) prohibition on the use of chlorinated solvents; 

(7) fuel storage and oil spill contingency planning; 

(8) conduct of periodic field crew environmental briefings; 

(9) avoidance of significant adverse effects on subsistence 

hunting, fishing, and trapping; 

(10) compliance with applicable air and water quality 

standards; 

(11) appropriate seasonal and safety zone designations 

around well sites, within which subsistence hunting and trapping shall be limited; and 


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(12) development and implementation of such other protective environmental requirements, restrictions, terms, or conditions as the Secretary, after consultation with the State of Alaska, North Slope Borough, Alaska, and the City of Kaktovik, 

Alaska, determines to be necessary. 

(e) CONSIDERATIONS.—In preparing and issuing regulations, 

lease terms, conditions, restrictions, prohibitions, or stipulations 

under this section, the Secretary shall take into consideration— (1) the stipulations and conditions that govern the National 

Petroleum Reserve-Alaska leasing program, as set forth in the 

1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement; 

(2) the environmental protection standards that governed 

the initial Coastal Plain seismic exploration program under 

parts 37.31 through 37.33 of title 50, Code of Federal Regulations (or successor regulations); and 

(3) the land use stipulations for exploratory drilling on the 

KIC–ASRC private land described in Appendix 2 of the agreement between Arctic Slope Regional Corporation and the United 

States dated August 9, 1983. 

(f) FACILITY CONSOLIDATION PLANNING.— (1) IN GENERAL.—After providing for public notice and 

comment, the Secretary shall prepare and periodically update a 

plan to govern, guide, and direct the siting and construction of 

facilities for the exploration, development, production, and 

transportation of oil and gas resources from the Coastal Plain. 

(2) OBJECTIVES.—The objectives of the plan shall be— (A) the avoidance of unnecessary duplication of facilities and activities; 

(B) the encouragement of consolidation of common facilities and activities; 

(C) the location or confinement of facilities and activities to areas that will minimize impact on fish and wildlife, 

fish and wildlife habitat, subsistence resources, and the environment; 

(D) the use of existing facilities, to the maximum extent 

practicable; and 

(E) the enhancement of compatibility between wildlife 

values and development activities. 

(g) ACCESS TO PUBLIC LAND.—The Secretary shall— (1) manage public land in the Coastal Plain in accordance 

with subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and 

(2) ensure that local residents shall have reasonable access 

to public land in the Coastal Plain for traditional uses. 

SEC. 8. EXPEDITED JUDICIAL REVIEW. 

(a) FILING OF COMPLAINTS.—

(1) DEADLINE.—A complaint seeking judicial review of a 

provision of this division or an action of the Secretary under 

this division shall be filed—

(A) except as provided in subparagraph (B), during the 

90-day period beginning on the date on which the action 

being challenged was carried out; or 

(B) in the case of a complaint based solely on grounds 

arising after the 90-day period described in subparagraph 


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(A), by not later than 90 days after the date on which the 

complainant knew or reasonably should have known about 

the grounds for the complaint. 

(2) VENUE.—A complaint seeking judicial review of a provision of this division or an action of the Secretary under this division shall be filed in the United States Court of Appeals for 

the District of Columbia. 

(3) SCOPE.— (A) IN GENERAL.—Judicial review of a decision of the 

Secretary under this division (including an environmental 

analysis of such a lease sale) shall be— (i) limited to a review of whether the decision is in 

accordance with this division; and 

(ii) based on the administrative record of the decision. 

(B) PRESUMPTIONS.—Any identification by the Secretary of a preferred course of action relating to a lease 

sale, and any analysis by the Secretary of environmental effects, under this division shall be presumed to be correct 

unless proven otherwise by clear and convincing evidence. 

(b) LIMITATION ON OTHER REVIEW.—Any action of the Secretary 

that is subject to judicial review under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. 

SEC. 9. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN. 

For purposes of section 1102(4)(A) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-ofway or easements across the Coastal Plain for the exploration, development, production, or transportation of oil and gas shall be considered to be established incident to the management of the Coastal 

Plain under this section. 

SEC. 10. CONVEYANCE. 

Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any 

cloud on title to land, and to clarify land ownership patterns in the 

Coastal Plain, the Secretary shall—

(1) to the extent necessary to fulfill the entitlement of the 

Kaktovik Inupiat Corporation under sections 12 and 14 of the 

Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as 

determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public 

Land Order 6959, in accordance with the terms and conditions 

of the agreement between the Secretary, the United States Fish 

and Wildlife Service, the Bureau of Land Management, and the 

Kaktovik Inupiat Corporation, dated January 22, 1993; and 

(2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled 

under the agreement between that corporation and the United 

States, dated August 9, 1983. 

SEC. 11. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE 

ASSISTANCE. 

(a) ESTABLISHMENT OF FUND.—

(1) IN GENERAL.—As a condition on the receipt of funds 

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lish in the treasury of the State, and administer in accordance 

with this section, a fund to be known as the ‘‘Coastal Plain 

Local Government Impact Aid Assistance Fund’’ (referred to in 

this section as the ‘‘Fund’’). 

(2) DEPOSITS.—Subject to paragraph (1), the Secretary of 

the Treasury shall deposit into the Fund, in accordance with 

section 1(a)(2) of division D, $35,000,000 each year from adjusted bonus, rental, and royalty revenues from oil and gas 

leasing and operations under this division. 

(3) INVESTMENT.—The Governor of the State of Alaska (referred to in this section as the ‘‘Governor’’) shall invest amounts 

in the Fund in interest-bearing securities of the United States 

or the State of Alaska. 

(b) ASSISTANCE.—The Governor, in cooperation with the Mayor 

of the North Slope Borough, shall use amounts in the Fund to provide assistance to North Slope Borough, Alaska, the City of 

Kaktovik, Alaska, and any other borough, municipal subdivision, 

village, or other community in the State of Alaska that is directly 

impacted by exploration for, or the production of, oil or gas on the 

Coastal Plain under this division, or any Alaska Native Regional 

Corporation acting on behalf of the villages and communities within 

its region whose lands lie along the right of way of the Trans Alaska Pipeline System, as determined by the Governor. 

(c) APPLICATION.— (1) IN GENERAL.—To receive assistance under subsection 

(b), a community or Regional Corporation described in that 

subsection shall submit to the Governor, or to the Mayor of the 

North Slope Borough, an application in such time, in such 

manner, and containing such information as the Governor may 

require. 

(2) ACTION BY NORTH SLOPE BOROUGH.—The Mayor of the 

North Slope Borough shall submit to the Governor each application received under paragraph (1) as soon as practicable after 

the date on which the application is received. 

(3) ASSISTANCE OF GOVERNOR.—The Governor shall assist 

communities in submitting applications under this subsection, 

to the maximum extent practicable. 

(d) USE OF FUNDS.—A community or Regional Corporation that 

receives funds under subsection (b) may use the funds— (1) to plan for mitigation, implement a mitigation plan, or 

maintain a mitigation project to address the potential effects of 

oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence resources of the 

community; 

(2) to develop, carry out, and maintain— (A) a project to provide new or expanded public facilities; or 

(B) services to address the needs and problems associated with the effects described in paragraph (1), including 

firefighting, police, water and waste treatment, first responder, and other medical services; 

(3) to compensate residents of the Coastal Plain for significant damage to environmental, social, cultural, recreational, or 

subsistence resources; and 

(4) in the City of Kaktovik, Alaska—


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(A) to develop a mechanism for providing members of 

the Kaktovikmiut Inupiat community an opportunity to—

(i) monitor development on the Coastal Plain; and 

(ii) provide information and recommendations to 

the Governor based on traditional aboriginal knowledge of the natural resources, flora, fauna, and ecological processes of the Coastal Plain; and 

(B) to establish a local coordination office, to be managed by the Mayor of the North Slope Borough, in coordination with the City of Kaktovik, Alaska—

(i) to coordinate with and advise developers on 

local conditions and the history of areas affected by development; 

(ii) to provide to the Committee on Resources of the 

House of Representatives and the Committee on Energy 

and Natural Resources of the Senate annual reports on 

the status of the coordination between developers and 

communities affected by development; 

(iii) to collect from residents of the Coastal Plain 

information regarding the impacts of development on 

fish, wildlife, habitats, subsistence resources, and the 

environment of the Coastal Plain; and 

(iv) to ensure that the information collected under 

clause (iii) is submitted to—

(I) developers; and 

(II) any appropriate Federal agency. 

SEC. 12. PROHIBITION ON EXPORTS. 

An oil or gas lease issued under this division shall prohibit the 

exportation of oil or gas produced under the lease. 

SEC. 13. LEGISLATIVE PROCEDURE. 

Effective immediately, the Presiding Officer shall apply all of 

the precedents of the Senate under Rule XXVIII in effect at the beginning of the 109th Congress. 

SEC. 14. SEVERABILITY. 

If any provision of this division or division D, or the application of such provision to any person or circumstance, is held to be 

unconstitutional, the remainder of this division and division D and 

the application of such provisions to any person or circumstance 

shall not be affected thereby. 

DIVISION D—DISTRIBUTION OF 

REVENUES AND DISASTER ASSISTANCE 

SEC. 1. FEDERAL AND STATE DISTRIBUTION OF REVENUES. 

(a) RECEIPTS.—Subject to section 11(a)(1) of division C and notwithstanding any other provision of law—

(1) 50 percent of the amount of adjusted bonus, rental, and 

royalty receipts from Federal oil and gas leasing and operations 

authorized under division C shall be deposited in the Treasury 

as miscellaneous receipts, in accordance with subsection (b), of 

which 5 percent shall be appropriated to the Department of 

Health and Human Services to make payments under title 


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XXVI of the Omnibus Budget Reconciliation Act of 1981 (42 

U.S.C. 8621); and 

(2) 50 percent of the amount of adjusted bonus, rental, and 

royalty receipts derived from Federal oil and gas leasing and 

operations authorized under division C shall be paid to the 

State of Alaska, of which $35,000,000 per year shall be deposited by the Secretary of the Treasury into the fund created 

under section 11(a)(1) of division C. 

(b) GULF COAST RECOVERY AND DISASTER PREVENTION AND AS- SISTANCE FUND.— (1) IN GENERAL.—There is established in the Treasury of 

the United States a revolving fund, to be known as the ‘‘Gulf 

Coast Recovery and Disaster Prevention and Assistance Fund’’ (referred to in this section as the ‘‘Gulf Fund’’), consisting of— (A) such amounts as are appropriated to the Gulf Fund 

under paragraph (2); and 

(B) any interest earned on investment of amounts in 

the Gulf Fund under paragraph (5). 

(2) TRANSFERS TO GULF FUND.—

(A) BONUS BIDS, RENTALS, AND ROYALTY REVENUES.—

From amounts collected from oil and gas leasing and operations under this section and received in the Treasury, 

there are appropriated to the Gulf Fund an amount equal 

to the sum of—

(i) 80 percent of the amount of adjusted bonus bids 

and rentals described in subsection (a)(1); and 

(ii) 20 percent of royalty revenues described in subsection (a)(1). 

(B) DIGITAL TRANSITION AND PUBLIC SAFETY FUND.—

Amounts deposited in the Digital Transition and Public 

Safety Fund that exceed $10,000,000,000, up to a total of 

$2,000,000,000, are appropriated to the Gulf Fund to be 

made available, without further appropriation, as provided 

in this section. 

(3) EXPENDITURES FROM GULF FUND.— (A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary of the Treasury shall transfer from the Gulf Fund 

direct lump sum payments to State and local governments 

that were directly affected by Hurricane Katrina, Rita, or 

Wilma. 

(B) ALLOCATION OF PAYMENTS.—Payments described in 

subparagraph (A) shall be allocated—

(i) 50 percent to the State of Louisiana for hurricane and flood protection and control, coastal restoration projects, levees, and the construction and improvement of emergency evacuation routes in south Louisiana; 

(ii) 25 percent to the State of Mississippi, of which 

10 percent shall be provided to Hancock County, 10 

percent shall be provided to Harrison County, 10 percent shall be provided to Jackson County, and 30 percent shall be allocated to municipalities within those 

counties based on the proportion of the population of 

each municipality to the total population of all such 

municipalities, to—


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(I) restore coastal estuaries and fisheries habitats; 

(II) restore or expand barrier islands to provide coastal hurricane protection; 

(III) restore or construct coastal shoreline and 

flood protection structures; 

(IV) repair and upgrade water and wastewater 

systems; 

(V) restore and expand hurricane evacuation 

transportation routes and services; 

(VI) restore storm-damaged public buildings 

and facilities, including waterfront facilities, not 

otherwise paid for by the Federal Government; and 

(VII) pay or reimburse the costs of storm debris removal not otherwise paid by the Federal 

Government. 

(iii) 10 percent to the State of Texas for hurricane 

relief and recovery efforts, including—

(I) storm debris removal costs not otherwise 

paid by the Federal Government; 

(II) low-income housing needs; 

(III) the cost of providing uncompensated medical care to hurricane victims; and 

(IV) education-related expenses, including expenses for K–12 and higher education; 

(iv) 10 percent to the State of Alabama for recovery 

and restoration activities; and 

(v) 5 percent to the State of Florida for restoration 

and recovery activities. 

(4) LOAN AUTHORITY.—The Secretary of the Treasury may 

borrow from the Treasury such sums as may be necessary to 

carry out this subsection, but shall reimburse the Treasury immediately when funds are deposited into the Gulf Fund. 

(5) INVESTMENT OF AMOUNTS.—

(A) IN GENERAL.—The Secretary of the Treasury shall 

invest such portion of the Gulf Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. 

(B) INTEREST-BEARING OBLIGATIONS.—Investments may 

be made only in interest-bearing obligations of the United 

States. 

(C) ACQUISITION OF OBLIGATIONS.—For the purpose of 

investments under clause (i), obligations may be acquired—

(i) on original issue at the issue price; or 

(ii) by purchase of outstanding obligations at the 

market price. 

(D) SALE OF OBLIGATIONS.—Any obligation acquired by 

the Gulf Fund may be sold by the Secretary of the Treasury 

at the market price. 

(E) CREDITS TO GULF FUND.—The interest on, and the 

proceeds from the sale or redemption of, any obligations 

held in the Gulf Fund shall be credited to and form a part 

of the Gulf Fund. 


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SEC. 2. LOW-INCOME HOME ENERGY ASSISTANCE. 

(a) IN GENERAL.—Subject to subsection (b), there is appropriated, out of any funds in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2006, an additional $2,000,000,000 to the Administration for Children and Families, to remain available until expended, for making payments 

under title XXVI of the Omnibus Budget Reconciliation Act of 1981 

(42 U.S.C. 8621 et seq.). 

(b) REQUIREMENT.—Notwithstanding section 2602(e) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8621(e)), of 

funds appropriated under subsection (a), $1,500,000,000 shall be 

used for the unanticipated home energy assistance needs of 1 or 

more States, as authorized by section 2604(e) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8623(e)). 

(c) EMERGENCY DESIGNATION.—The amounts made available by 

the transfer of funds in or pursuant to this section are designated 

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

Res. 95 (109th Congress). 

SEC. 3. ASSISTANCE FROM DIGITAL TRANSITION AND PUBLIC SAFETY 

FUND. 

(a) IN GENERAL.—Subject to subsection (f), in addition to any 

amounts otherwise provided in this or any other Act, amounts from 

the Digital Transition and Public Safety Fund in excess of 

$12,000,000,000 are appropriated, to remain available until expended, to be made available by the Secretary of the Treasury, without further appropriation, to carry out this section. 

(b) AGRICULTURAL ASSISTANCE.—Notwithstanding any other 

provision of law, of the amount made available under subsection 

(a), $900,000,000 shall be made available to the Secretary of Agriculture to increase enrollment in conservation programs, including—

(1) the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); 

(2) the wetlands reserve program established under subchapter C of chapter 1 of subtitle D of title XII of that Act (16 

U.S.C. 3837 et seq.); 

(3) the conservation security program established under 

subchapter A of chapter 2 of subtitle D of title XII of that Act 

(16 U.S.C. 3838 et seq.); 

(4) the grassland reserve program established under subchapter C of chapter 2 of subtitle D of title XII of that Act (16 

U.S.C. 3838n et seq.); and 

(5) the environmental quality incentives program established under chapter 4 of subtitle D of title XII of that Act (16 

U.S.C. 3839aa et seq.). 

(c) OTHER CONSERVATION PROGRAMS.—Of the amounts made 

available under subsection (a), $100,000,000 shall be used to carry 

out other conservation programs, including—

(1) $50,000,000 shall be used for expenses necessary to 

carry out the North American Wetlands Conservation Act (16 

U.S.C. 4401 et seq.); and 

(2) $50,000,000 shall be provided to the National Fish and 

Wildlife Service to acquire permanent conservation easements 


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from willing sellers for the National Wildlife Refuge System to 

protect critical grassland and wetland habitats. 

(d) PREPARATION FOR A NATURAL DISASTER OR TERRORIST AT- TACK.— (1) IN GENERAL.—Of the amount made available under sub- section (a), $2,000,000,000 shall be used for State and local 

government preparation for a natural disaster or terrorist attack, of which— (A) $1,000,000,000 shall be used to carry out paragraph (2); and (B) $1,000,000,000 shall be used to carry out paragraph (3). 

(2) INTEROPERABLE COMMUNICATIONS EQUIPMENT.—

(A) IN GENERAL.—The amount made available under 

paragraph (1)(A) shall be provided to the Department of 

Homeland Security, Office for Domestic Preparedness, State 

and Local Programs, to make grants to State and local governments for interoperable communications equipment, of 

which—

(i) at least 75 percent shall be allocated based on 

risk and threat, as determined by the Secretary of 

Homeland Security; and 

(ii) the remainder shall be allocated equally to all 

States for compatible emergency communications 

equipment (which may include equipment) with satellite capability operable in the event that towers, central offices, or other critical infrastructure such as 

power facilities are destroyed or disrupted. 

(B) PLAN.—No funds may be obligated under this 

paragraph until the grantee has in place an interoperable 

communications implementation plan certified by the Department of Homeland Security. 

(C) STANDARDS OR GUIDELINES.—Any communications 

equipment acquired under this paragraph shall meet 

standards or guidelines established by the Department of 

Homeland Security Office of Interoperable Communications. 

(D) SALARIES AND EXPENSES.—Of the amount made 

available under this paragraph, not more than 3 percent 

may be used by the Secretary of Homeland Security for salaries and administrative expenses. 

(3) PREPARATION FOR TERRORIST ATTACKS, PANDEMIC

EVENTS, OR NATURAL DISASTERS.—

(A) IN GENERAL.—The amount made available under 

paragraph (1)(B) shall be provided to the Department of 

Homeland Security, Office for Domestic Preparedness, State 

and Local Programs, to make grants to prepare for a terrorist attack, pandemic event, or natural disaster, including— (i) developing evacuation plans and plans to accept 

and provide for evacuees from other jurisdictions; 

(ii) providing training for the implementation of, 

and exercises under, those plans; 

(iii) acquisition of equipment and medical supplies; and 


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(iv) related costs. 

(B) ALLOCATION.—Funds provided under this paragraph shall be allocated based on risk and threat, as determined by the Secretary of Homeland Security, except that 

no State shall receive less than 0.55 percent and no territory shall receive no less than 0.15 of the total amount provided under this paragraph. 

(C) AVAILABILITY OF APPLICATIONS.—Not later than 60 

days after the date of enactment of this Act, the Secretary 

of Homeland Security shall make applications for grants 

under this paragraph available to States. 

(D) SUBMISSION OF APPLICATIONS.—To be eligible for a 

grant under this paragraph, a State shall submit an application for the grant within 90 days after the announcement 

of grant availability. 

(E) ACTION ON APPLICATIONS.—The Office for Domestic 

Preparedness shall act on an application within 90 days 

after receipt of the application. 

(F) LOCAL GOVERNMENTS.—Not less than 80 percent of 

any grant under this paragraph to a State shall be made 

available by the State to local governments within 60 days 

after the receipt of funds. 

(G) SALARIES AND EXPENSES.—Of the amount made 

available under this paragraph, not more than 3 percent 

may be used by the Secretary of Homeland Security for salaries and administrative expenses. 

(e) BORDER SECURITY; DEPARTMENT OF HOMELAND SECURITY.— (1) OFFICE OF THE CHIEF INFORMATION OFFICER.—There is 

appropriated, out of any funds in the Treasury not otherwise 

appropriated, for the fiscal year ending September 30, 2006, an 

additional $80,000,000 to the Department of Homeland Security, Office of the Chief Information Officer, to replace and upgrade law enforcement communications, $80,000,000, to remain 

available until expended. 

(2) CUSTOMS AND BORDER PROTECTION.— (A) SALARIES AND EXPENSES.—There is appropriated, 

out of any funds in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2006, an 

additional $30,000,000 for ‘‘Customs and Border Protection’’, ‘‘Salaries and Expenses’’, to replace border patrol vehicles. 

(B) AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT.—

(i) IN GENERAL.—There is appropriated, out of any 

funds in the Treasury not otherwise appropriated, for 

the fiscal year ending September 30, 2006, an additional $862,000,000 for ‘‘Air and Marine Interdiction, 

Operations, Maintenance, and Procurement’’ to replace 

air assets facilities, to remain available until expended, 

of which—

(I) $490,000,000 shall be used to replace air assets, including $40,000,000 for helicopter replacement; and (II) $372,000,000 shall be used to construct 

and renovate air facilities. 


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(ii) PLAN.—None of the funds made available 

under this subparagraph may be obligated until the 

Committees on Appropriations of the Senate and the 

House of Representatives receive and approve an expenditure plan for the funds and for the complete recapitalization of Customs and Border Protection air assets and facilities. 

(C) CONSTRUCTION.—

(i) IN GENERAL.—There is appropriated, out of any 

funds in the Treasury not otherwise appropriated, for 

the fiscal year ending September 30, 2006, an additional $120,000,000 for ‘‘Construction’’, to remain 

available until expended, of which—

(I) $30,000,000 shall be used for Tucson, Arizona sector tactical infrastructure; and 

(II) $20,000,000 shall be used for the San 

Diego, California sector fence. 

(ii) PLAN.—None of the funds made available 

under this subparagraph may be obligated until the 

Committees on Appropriations of the Senate and the 

House of Representatives receive and approve an expenditure plan for the funds. 

(3) IMMIGRATION AND CUSTOMS ENFORCEMENT.—There is 

appropriated, out of any funds in the Treasury not otherwise 

appropriated, for the fiscal year ending September 30, 2006, an 

additional $30,000,000 for ‘‘Salaries and Expenses’’ to replace 

detention and removal vehicles. 

(4) FEDERAL LAW ENFORCEMENT TRAINING CENTER.—There 

is appropriated, out of any funds in the Treasury not otherwise 

appropriated, for the fiscal year ending September 30, 2006, an 

additional $17,900,000 for ‘‘Acquisition, Construction, Improvements, and Related Expenses’’ for construction of the language 

training facility referenced in the Master Plan and for information technology infrastructure improvements, to remain available until expended. 

(5) EMERGENCY DESIGNATION.—The amounts provided 

under this subsection are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). 

(6) OFFSETTING RECEIPTS.—If any amount remains in the 

Digital Transition and Public Safety Fund after implementation of this section, $1,139,000,000 of the amount shall be deposited in the Treasury as offsetting receipts. 

(f) INSUFFICIENT FUNDS.—If the amount of funds made available under subsection (a) is not sufficient to carry out subsections 

(b) through (d), each amount of funds otherwise made available 

under subsections (b) through (d) shall be reduced on a pro rata 

basis. 


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DIVISION E—PUBLIC READINESS AND 

EMERGENCY PREPAREDNESS ACT 

SEC. 1. SHORT TITLE. 

This division may be cited as the ‘‘Public Readiness and Emergency Preparedness Act’’. 

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

Part B of title III of the Public Health Service Act (42 U.S.C. 

243 et seq.) is amended by inserting after section 319F–2 the following section: 

‘‘SEC. 319F–3. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC 

AND EPIDEMIC PRODUCTS AND SECURITY COUNTERMEASURES. 

‘‘(a) LIABILITY PROTECTIONS.— ‘‘(1) IN GENERAL.—Subject to the other provisions of this 

section, a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for 

loss caused by, arising out of, relating to, or resulting from the 

administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued 

with respect to such countermeasure. ‘‘(2) SCOPE OF CLAIMS FOR LOSS.— ‘‘(A) LOSS.—For purposes of this section, the term ‘loss’ means any type of loss, including— ‘‘(i) death; 

‘‘(ii) physical, mental, or emotional injury, illness, 

disability, or condition; ‘‘(iii) fear of physical, mental, or emotional injury, 

illness, disability, or condition, including any need for 

medical monitoring; and ‘‘(iv) loss of or damage to property, including business interruption loss. 

Each of clauses (i) through (iv) applies without regard to 

the date of the occurrence, presentation, or discovery of the 

loss described in the clause. 

‘‘(B) SCOPE.—The immunity under paragraph (1) applies to any claim for loss that has a causal relationship 

with the administration to or use by an individual of a covered countermeasure, including a causal relationship with 

the design, development, clinical testing or investigation, 

manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use of 

such countermeasure. 

‘‘(3) CERTAIN CONDITIONS.—Subject to the other provisions 

of this section, immunity under paragraph (1) with respect to 

a covered countermeasure applies only if—

‘‘(A) the countermeasure was administered or used during the effective period of the declaration that was issued 

under subsection (b) with respect to the countermeasure; 

‘‘(B) the countermeasure was administered or used for 

the category or categories of diseases, health conditions, or 

threats to health specified in the declaration; and 


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‘‘(C) in addition, in the case of a covered person who 

is a program planner or qualified person with respect to the 

administration or use of the countermeasure, the countermeasure was administered to or used by an individual 

who—

‘‘(i) was in a population specified by the declaration; and 

‘‘(ii) was at the time of administration physically 

present in a geographic area specified by the declaration or had a connection to such area specified in the 

declaration. 

‘‘(4) APPLICABILITY OF CERTAIN CONDITIONS.—With respect 

to immunity under paragraph (1) and subject to the other provisions of this section: 

‘‘(A) In the case of a covered person who is a manufacturer or distributor of the covered countermeasure involved, 

the immunity applies without regard to whether such countermeasure was administered to or used by an individual 

in accordance with the conditions described in paragraph 

(3)(C). 

‘‘(B) In the case of a covered person who is a program 

planner or qualified person with respect to the administration or use of the covered countermeasure, the scope of immunity includes circumstances in which the countermeasure was administered to or used by an individual in 

circumstances in which the covered person reasonably 

could have believed that the countermeasure was administered or used in accordance with the conditions described 

in paragraph (3)(C). 

‘‘(5) EFFECT OF DISTRIBUTION METHOD.—The provisions of 

this section apply to a covered countermeasure regardless of 

whether such countermeasure is obtained by donation, commercial sale, or any other means of distribution, except to the extent 

that, under paragraph (2)(E) of subsection (b), the declaration 

under such subsection provides that subsection (a) applies only 

to covered countermeasures obtained through a particular 

means of distribution. 

‘‘(6) REBUTTABLE PRESUMPTION.—For purposes of paragraph (1), there shall be a rebuttable presumption that any administration or use, during the effective period of the emergency 

declaration by the Secretary under subsection (b), of a covered 

countermeasure shall have been for the category or categories of 

diseases, health conditions, or threats to health with respect to 

which such declaration was issued. 

‘‘(b) DECLARATION BY SECRETARY.—

‘‘(1) AUTHORITY TO ISSUE DECLARATION.—Subject to paragraph (2), if the Secretary makes a determination that a disease 

or other health condition or other threat to health constitutes a 

public health emergency, or that there is a credible risk that the 

disease, condition, or threat may in the future constitute such 

an emergency, the Secretary may make a declaration, through 

publication in the Federal Register, recommending, under conditions as the Secretary may specify, the manufacture, testing, 

development, distribution, administration, or use of one or more 


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covered countermeasures, and stating that subsection (a) is in 

effect with respect to the activities so recommended. ‘‘(2) CONTENTS.—In issuing a declaration under paragraph 

(1), the Secretary shall identify, for each covered countermeasure specified in the declaration— ‘‘(A) the category or categories of diseases, health conditions, or threats to health for which the Secretary recommends the administration or use of the countermeasure; ‘‘(B) the period or periods during which, including as 

modified by paragraph (3), subsection (a) is in effect, which 

period or periods may be designated by dates, or by milestones or other description of events, including factors specified in paragraph (6); ‘‘(C) the population or populations of individuals for 

which subsection (a) is in effect with respect to the administration or use of the countermeasure (which may be a specification that such subsection applies without geographic 

limitation to all individuals); ‘‘(D) the geographic area or areas for which subsection 

(a) is in effect with respect to the administration or use of 

the countermeasure (which may be a specification that such 

subsection applies without geographic limitation), including, with respect to individuals in the populations identified under subparagraph (C), a specification, as determined 

appropriate by the Secretary, of whether the declaration applies only to individuals physically present in such areas or 

whether in addition the declaration applies to individuals 

who have a connection to such areas, which connection is 

described in the declaration; and ‘‘(E) whether subsection (a) is effective only to a particular means of distribution as provided in subsection 

(a)(5) for obtaining the countermeasure, and if so, the particular means to which such subsection is effective. 

‘‘(3) EFFECTIVE PERIOD OF DECLARATION.—

‘‘(A) FLEXIBILITY OF PERIOD.—The Secretary may, in 

describing periods under paragraph (2)(B), have different 

periods for different covered persons to address different 

logistical, practical or other differences in responsibilities. ‘‘(B) ADDITIONAL TIME TO BE SPECIFIED.—In each declaration under paragraph (1), the Secretary, after consulting, to the extent the Secretary deems appropriate, with 

the manufacturer of the covered countermeasure, shall also 

specify a date that is after the ending date specified under 

paragraph (2)(B) and that allows what the Secretary determines is—

‘‘(i) a reasonable period for the manufacturer to arrange for disposition of the covered countermeasure, including the return of such product to the manufacturer; 

and ‘‘(ii) a reasonable period for covered persons to take 

such other actions as may be appropriate to limit administration or use of the covered countermeasure. 

‘‘(C) ADDITIONAL PERIOD FOR CERTAIN STRATEGIC NATIONAL STOCKPILE COUNTERMEASURES.—With respect to a 

covered countermeasure that is in the stockpile under secVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00159 Fmt 6659 Sfmt 6603 E:\HR\OC\HR359.XXX HR359

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tion 319F–2, if such countermeasure was the subject of a 

declaration under paragraph (1) at the time that it was obtained for the stockpile, the effective period of such declaration shall include a period when the countermeasure is administered or used pursuant to a distribution or release 

from the stockpile. 

‘‘(4) AMENDMENTS TO DECLARATION.—The Secretary may 

through publication in the Federal Register amend any portion 

of a declaration under paragraph (1). Such an amendment 

shall not retroactively limit the applicability of subsection (a) 

with respect to the administration or use of the covered countermeasure involved. ‘‘(5) CERTAIN DISCLOSURES.—In publishing a declaration 

under paragraph (1) in the Federal Register, the Secretary is 

not required to disclose any matter described in section 552(b) 

of title 5, United States Code. 

‘‘(6) FACTORS TO BE CONSIDERED.—In deciding whether and 

under what circumstances or conditions to issue a declaration 

under paragraph (1) with respect to a covered countermeasure, 

the Secretary shall consider the desirability of encouraging the 

design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, 

promotion, sale, purchase, donation, dispensing, prescribing, 

administration, licensing, and use of such countermeasure. 

‘‘(7) JUDICIAL REVIEW.—No court of the United States, or of 

any State, shall have subject matter jurisdiction to review, 

whether by mandamus or otherwise, any action by the Secretary 

under this subsection. ‘‘(8) PREEMPTION OF STATE LAW.—During the effective period of a declaration under subsection (b), or at any time with 

respect to conduct undertaken in accordance with such declaration, no State or political subdivision of a State may establish, 

enforce, or continue in effect with respect to a covered countermeasure any provision of law or legal requirement that— ‘‘(A) is different from, or is in conflict with, any requirement applicable under this section; and ‘‘(B) relates to the design, development, clinical testing 

or investigation, formulation, manufacture, distribution, 

sale, donation, purchase, marketing, promotion, packaging, 

labeling, licensing, use, any other aspect of safety or efficacy, or the prescribing, dispensing, or administration by 

qualified persons of the covered countermeasure, or to any 

matter included in a requirement applicable to the covered 

countermeasure under this section or any other provision of 

this Act, or under the Federal Food, Drug, and Cosmetic 

Act. 

‘‘(9) REPORT TO CONGRESS.—Within 30 days after making 

a declaration under paragraph (1), the Secretary shall submit 

to the appropriate committees of the Congress a report that provides an explanation of the reasons for issuing the declaration 

and the reasons underlying the determinations of the Secretary 

with respect to paragraph (2). Within 30 days after making an 

amendment under paragraph (4), the Secretary shall submit to 

such committees a report that provides the reasons underlying 

the determination of the Secretary to make the amendment. 


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‘‘(c) DEFINITION OF WILLFUL MISCONDUCT.— ‘‘(1) DEFINITION.— ‘‘(A) IN GENERAL.—Except as the meaning of such term 

is further restricted pursuant to paragraph (2), the term 

‘willful misconduct’ shall, for purposes of subsection (d), denote an act or omission that is taken— ‘‘(i) intentionally to achieve a wrongful purpose; 

‘‘(ii) knowingly without legal or factual justification; and ‘‘(iii) in disregard of a known or obvious risk that 

is so great as to make it highly probable that the harm 

will outweigh the benefit. 

‘‘(B) RULE OF CONSTRUCTION.—The criterion stated in 

subparagraph (A) shall be construed as establishing a 

standard for liability that is more stringent than a standard of negligence in any form or recklessness. 

‘‘(2) AUTHORITY TO PROMULGATE REGULATORY DEFINI- TION.— ‘‘(A) IN GENERAL.—The Secretary, in consultation with 

the Attorney General, shall promulgate regulations, which 

may be promulgated through interim final rules, that further restrict the scope of actions or omissions by a covered 

person that may qualify as ‘willful misconduct’ for purposes 

of subsection (d). 

‘‘(B) FACTORS TO BE CONSIDERED.—In promulgating 

the regulations under this paragraph, the Secretary, in consultation with the Attorney General, shall consider the need 

to define the scope of permissible civil actions under subsection (d) in a way that will not adversely affect the public 

health. ‘‘(C) TEMPORAL SCOPE OF REGULATIONS.—The regulations under this paragraph may specify the temporal effect 

that they shall be given for purposes of subsection (d). ‘‘(D) INITIAL RULEMAKING.—Within 180 days after the 

enactment of the Public Readiness and Emergency Preparedness Act, the Secretary, in consultation with the Attorney General, shall commence and complete an initial rulemaking process under this paragraph. 

‘‘(3) PROOF OF WILLFUL MISCONDUCT.—In an action under 

subsection (d), the plaintiff shall have the burden of proving by 

clear and convincing evidence willful misconduct by each covered person sued and that such willful misconduct caused 

death or serious physical injury. ‘‘(4) DEFENSE FOR ACTS OR OMISSIONS TAKEN PURSUANT TO

SECRETARY’S DECLARATION.—Notwithstanding any other provision of law, a program planner or qualified person shall not 

have engaged in ‘willful misconduct’ as a matter of law where 

such program planner or qualified person acted consistent with 

applicable directions, guidelines, or recommendations by the 

Secretary regarding the administration or use of a covered 

countermeasure that is specified in the declaration under subsection (b), provided either the Secretary, or a State or local 

health authority, was provided with notice of information regarding serious physical injury or death from the administration or use of a covered countermeasure that is material to the 


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plaintiff ’s alleged loss within 7 days of the actual discovery of 

such information by such program planner or qualified person. ‘‘(5) EXCLUSION FOR REGULATED ACTIVITY OF MANUFAC- TURER OR DISTRIBUTOR.— ‘‘(A) IN GENERAL.—If an act or omission by a manufacturer or distributor with respect to a covered countermeasure, which act or omission is alleged under subsection 

(e)(3)(A) to constitute willful misconduct, is subject to regulation by this Act or by the Federal Food, Drug, and Cosmetic Act, such act or omission shall not constitute ‘willful 

misconduct’ for purposes of subsection (d) if— ‘‘(i) neither the Secretary nor the Attorney General 

has initiated an enforcement action with respect to 

such act or omission; or ‘‘(ii) such an enforcement action has been initiated 

and the action has been terminated or finally resolved 

without a covered remedy. 

Any action or proceeding under subsection (d) shall be 

stayed during the pendency of such an enforcement action. ‘‘(B) DEFINITIONS.—For purposes of this paragraph, the 

following terms have the following meanings: ‘‘(i) ENFORCEMENT ACTION.—The term ‘enforcement 

action’ means a criminal prosecution, an action seeking 

an injunction, a seizure action, a civil monetary proceeding based on willful misconduct, a mandatory recall of a product because voluntary recall was refused, 

a proceeding to compel repair or replacement of a product, a termination of an exemption under section 505(i) 

or 520(g) of the Federal Food, Drug, and Cosmetic Act, 

a debarment proceeding, an investigator disqualification proceeding where an investigator is an employee or 

agent of the manufacturer, a revocation, based on willful misconduct, of an authorization under section 564 

of such Act, or a suspension or withdrawal, based on 

willful misconduct, of an approval or clearance under 

chapter V of such Act or of a licensure under section 

351 of this Act. 

‘‘(ii) COVERED REMEDY.—The term ‘covered remedy’

means an outcome—

‘‘(I) that is a criminal conviction, an injunction, or a condemnation, a civil monetary payment, 

a product recall, a repair or replacement of a product, a termination of an exemption under section 

505(i) or 520(g) of the Federal Food, Drug, and 

Cosmetic Act, a debarment, an investigator disqualification, a revocation of an authorization 

under section 564 of such Act, or a suspension or 

withdrawal of an approval or clearance under 

chapter 5 of such Act or of a licensure under section 351 of this Act; and 

‘‘(II) that results from a final determination by 

a court or from a final agency action. 

‘‘(iii) FINAL.—The terms ‘final’ and ‘finally’—

‘‘(I) with respect to a court determination, or to 

a final resolution of an enforcement action that is 


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a court determination, mean a judgment from 

which an appeal of right cannot be taken or a voluntary or stipulated dismissal; and 

‘‘(II) with respect to an agency action, or to a 

final resolution of an enforcement action that is an 

agency action, mean an order that is not subject to 

further review within the agency and that has not 

been reversed, vacated, enjoined, or otherwise nullified by a final court determination or a voluntary 

or stipulated dismissal. 

‘‘(C) RULES OF CONSTRUCTION.—

‘‘(i) IN GENERAL.—Nothing in this paragraph shall 

be construed—

‘‘(I) to affect the interpretation of any provision 

of the Federal Food, Drug, and Cosmetic Act, of 

this Act, or of any other applicable statute or regulation; or 

‘‘(II) to impair, delay, alter, or affect the authority, including the enforcement discretion, of the 

United States, of the Secretary, of the Attorney 

General, or of any other official with respect to any 

administrative or court proceeding under this Act, 

under the Federal Food, Drug, and Cosmetic Act, 

under title 18 of the United States Code, or under 

any other applicable statute or regulation. 

‘‘(ii) MANDATORY RECALLS.—A mandatory recall 

called for in the declaration is not a Food and Drug 

Administration enforcement action. 

‘‘(d) EXCEPTION TO IMMUNITY OF COVERED PERSONS.—

‘‘(1) IN GENERAL.—Subject to subsection (f), the sole exception to the immunity from suit and liability of covered persons 

set forth in subsection (a) shall be for an exclusive Federal 

cause of action against a covered person for death or serious 

physical injury proximately caused by willful misconduct, as 

defined pursuant to subsection (c), by such covered person. For 

purposes of section 2679(b)(2)(B) of title 28, United States Code, 

such a cause of action is not an action brought for violation of 

a statute of the United States under which an action against an 

individual is otherwise authorized. 

‘‘(2) PERSONS WHO CAN SUE.—An action under this subsection may be brought for wrongful death or serious physical 

injury by any person who suffers such injury or by any representative of such a person. 

‘‘(e) PROCEDURES FOR SUIT.—

‘‘(1) EXCLUSIVE FEDERAL JURISDICTION.—Any action under 

subsection (d) shall be filed and maintained only in the United 

States District Court for the District of Columbia. 

‘‘(2) GOVERNING LAW.—The substantive law for decision in 

an action under subsection (d) shall be derived from the law, 

including choice of law principles, of the State in which the alleged willful misconduct occurred, unless such law is inconsistent with or preempted by Federal law, including provisions 

of this section. 


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‘‘(3) PLEADING WITH PARTICULARITY.—In an action under 

subsection (d), the complaint shall plead with particularity each 

element of the plaintiff ’s claim, including— ‘‘(A) each act or omission, by each covered person sued, 

that is alleged to constitute willful misconduct relating to 

the covered countermeasure administered to or used by the 

person on whose behalf the complaint was filed; ‘‘(B) facts supporting the allegation that such alleged 

willful misconduct proximately caused the injury claimed; 

and ‘‘(C) facts supporting the allegation that the person on 

whose behalf the complaint was filed suffered death or serious physical injury. 

‘‘(4) VERIFICATION, CERTIFICATION, AND MEDICAL

RECORDS.—

‘‘(A) IN GENERAL.—In an action under subsection (d), 

the plaintiff shall verify the complaint in the manner stated 

in subparagraph (B) and shall file with the complaint the 

materials described in subparagraph (C). A complaint that 

does not substantially comply with subparagraphs (B) and 

(C ) shall not be accepted for filing and shall not stop the 

running of the statute of limitations. 

‘‘(B) VERIFICATION REQUIREMENT.— ‘‘(i) IN GENERAL.—The complaint shall include a 

verification, made by affidavit of the plaintiff under 

oath, stating that the pleading is true to the knowledge 

of the deponent, except as to matters specifically identified as being alleged on information and belief, and 

that as to those matters the plaintiff believes it to be 

true. ‘‘(ii) IDENTIFICATION OF MATTERS ALLEGED UPON

INFORMATION AND BELIEF.—Any matter that is not specifically identified as being alleged upon the information and belief of the plaintiff, shall be regarded for all 

purposes, including a criminal prosecution, as having 

been made upon the knowledge of the plaintiff. 

‘‘(C) MATERIALS REQUIRED.—In an action under subsection (d), the plaintiff shall file with the complaint— ‘‘(i) an affidavit, by a physician who did not treat 

the person on whose behalf the complaint was filed, 

certifying, and explaining the basis for such physician’s 

belief, that such person suffered the serious physical injury or death alleged in the complaint and that such 

injury or death was proximately caused by the administration or use of a covered countermeasure; and ‘‘(ii) certified medical records documenting such injury or death and such proximate causal connection. ‘‘(5) THREE-JUDGE COURT.—Any action under subsection (d) 

shall be assigned initially to a panel of three judges. Such 

panel shall have jurisdiction over such action for purposes of 

considering motions to dismiss, motions for summary judgment, 

and matters related thereto. If such panel has denied such motions, or if the time for filing such motions has expired, such 

panel shall refer the action to the chief judge for assignment for 

further proceedings, including any trial. Section 1253 of title 


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165 

28, United States Code, and paragraph (3) of subsection (b) of 

section 2284 of title 28, United States Code, shall not apply to 

actions under subsection (d). 

‘‘(6) CIVIL DISCOVERY.—

‘‘(A) TIMING.—In an action under subsection (d), no 

discovery shall be allowed—

‘‘(i) before each covered person sued has had a reasonable opportunity to file a motion to dismiss; 

‘‘(ii) in the event such a motion is filed, before the 

court has ruled on such motion; and 

‘‘(iii) in the event a covered person files an interlocutory appeal from the denial of such a motion, before the court of appeals has ruled on such appeal. 

‘‘(B) STANDARD.—Notwithstanding any other provision 

of law, the court in an action under subsection (d) shall 

permit discovery only with respect to matters directly related to material issues contested in such action, and the 

court shall compel a response to a discovery request (including a request for admission, an interrogatory, a request 

for production of documents, or any other form of discovery 

request) under Rule 37, Federal Rules of Civil Procedure, 

only if the court finds that the requesting party needs the 

information sought to prove or defend as to a material 

issue contested in such action and that the likely benefits 

of a response to such request equal or exceed the burden or 

cost for the responding party of providing such response. 

‘‘(7) REDUCTION IN AWARD OF DAMAGES FOR COLLATERAL

SOURCE BENEFITS.—

‘‘(A) IN GENERAL.—In an action under subsection (d), 

the amount of an award of damages that would otherwise 

be made to a plaintiff shall be reduced by the amount of 

collateral source benefits to such plaintiff. 

‘‘(B) PROVIDER OF COLLATERAL SOURCE BENEFITS NOT

TO HAVE LIEN OR SUBROGATION.—No provider of collateral 

source benefits shall recover any amount against the plaintiff or receive any lien or credit against the plaintiff’s recovery or be equitably or legally subrogated to the right of the 

plaintiff in an action under subsection (d). 

‘‘(C) COLLATERAL SOURCE BENEFIT DEFINED.—For purposes of this paragraph, the term ‘collateral source benefit’

means any amount paid or to be paid in the future to or 

on behalf of the plaintiff, or any service, product, or other 

benefit provided or to be provided in the future to or on behalf of the plaintiff, as a result of the injury or wrongful 

death, pursuant to—

‘‘(i) any State or Federal health, sickness, incomedisability, accident, or workers’ compensation law; 

‘‘(ii) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; 

‘‘(iii) any contract or agreement of any group, organization, partnership, or corporation to provide, pay 

for, or reimburse the cost of medical, hospital, dental, 

or income disability benefits; or 


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166 

‘‘(iv) any other publicly or privately funded program. 

‘‘(8) NONECONOMIC DAMAGES.—In an action under subsection (d), any noneconomic damages may be awarded only in 

an amount directly proportional to the percentage of responsibility of a defendant for the harm to the plaintiff. For purposes 

of this paragraph, the term ‘noneconomic damages’ means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, 

and any other nonpecuniary losses. 

‘‘(9) RULE 11 SANCTIONS.—Whenever a district court of the 

United States determines that there has been a violation of Rule 

11 of the Federal Rules of Civil Procedure in an action under 

subsection (d), the court shall impose upon the attorney, law 

firm, or parties that have violated Rule 11 or are responsible for 

the violation, an appropriate sanction, which may include an 

order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading, 

motion, or other paper that is the subject of the violation, including a reasonable attorney’s fee. Such sanction shall be sufficient to deter repetition of such conduct or comparable conduct 

by others similarly situated, and to compensate the party or 

parties injured by such conduct. 

‘‘(10) INTERLOCUTORY APPEAL.—The United States Court of 

Appeals for the District of Columbia Circuit shall have jurisdiction of an interlocutory appeal by a covered person taken within 

30 days of an order denying a motion to dismiss or a motion 

for summary judgment based on an assertion of the immunity 

from suit conferred by subsection (a) or based on an assertion 

of the exclusion under subsection (c)(5). 

‘‘(f) ACTIONS BY AND AGAINST THE UNITED STATES.—Nothing in 

this section shall be construed to abrogate or limit any right, remedy, or authority that the United States or any agency thereof may 

possess under any other provision of law or to waive sovereign immunity or to abrogate or limit any defense or protection available 

to the United States or its agencies, instrumentalities, officers, or 

employees under any other law, including any provision of chapter 

171 of title 28, United States Code (relating to tort claims procedure). 

‘‘(g) SEVERABILITY.—If any provision of this section, or the application of such provision to any person or circumstance, is held to 

be unconstitutional, the remainder of this section and the application of such remainder to any person or circumstance shall not be 

affected thereby. 

‘‘(h) RULE OF CONSTRUCTION CONCERNING NATIONAL VACCINE

INJURY COMPENSATION PROGRAM.—Nothing in this section, or any 

amendment made by the Public Readiness and Emergency Preparedness Act, shall be construed to affect the National Vaccine Injury Compensation Program under title XXI of this Act. 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) COVERED COUNTERMEASURE.—The term ‘covered countermeasure’ means—


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167 

‘‘(A) a qualified pandemic or epidemic product (as defined in paragraph (7)); ‘‘(B) a security countermeasure (as defined in section 

319F–2(c)(1)(B)); or 

‘‘(C) a drug (as such term is defined in section 201(g)(1) 

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

321(g)(1)), biological product (as such term is defined by 

section 351(i) of this Act), or device (as such term is defined 

by section 201(h) of the Federal Food, Drug and Cosmetic 

Act (21 U.S.C. 321(h)) that is authorized for emergency use 

in accordance with section 564 of the Federal Food, Drug, 

and Cosmetic Act. 

‘‘(2) COVERED PERSON.—The term ‘covered person’, when 

used with respect to the administration or use of a covered 

countermeasure, means—

‘‘(A) the United States; or 

‘‘(B) a person or entity that is—

‘‘(i) a manufacturer of such countermeasure; 

‘‘(ii) a distributor of such countermeasure; 

‘‘(iii) a program planner of such countermeasure; 

‘‘(iv) a qualified person who prescribed, administered, or dispensed such countermeasure; or 

‘‘(v) an official, agent, or employee of a person or 

entity described in clause (i), (ii), (iii), or (iv). 

‘‘(3) DISTRIBUTOR.—The term ‘distributor’ means a person 

or entity engaged in the distribution of drugs, biologics, or devices, including but not limited to manufacturers; repackers; 

common carriers; contract carriers; air carriers; own-label distributors; private-label distributors; jobbers; brokers; warehouses, and wholesale drug warehouses; independent wholesale 

drug traders; and retail pharmacies. ‘‘(4) MANUFACTURER.—The term ‘manufacturer’ includes—

‘‘(A) a contractor or subcontractor of a manufacturer; 

‘‘(B) a supplier or licenser of any product, intellectual 

property, service, research tool, or component or other article used in the design, development, clinical testing, investigation, or manufacturing of a covered countermeasure; 

and ‘‘(C) any or all of the parents, subsidiaries, affiliates, 

successors, and assigns of a manufacturer. 

‘‘(5) PERSON.—The term ‘person’ includes an individual, 

partnership, corporation, association, entity, or public or private 

corporation, including a Federal, State, or local government 

agency or department. 

‘‘(6) PROGRAM PLANNER.—The term ‘program planner’

means a State or local government, including an Indian tribe, 

a person employed by the State or local government, or other 

person who supervised or administered a program with respect 

to the administration, dispensing, distribution, provision, or use 

of a security countermeasure or a qualified pandemic or epidemic product, including a person who has established requirements, provided policy guidance, or supplied technical or scientific advice or assistance or provides a facility to administer 

or use a covered countermeasure in accordance with a declaration under subsection (b). 


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‘‘(7) QUALIFIED PANDEMIC OR EPIDEMIC PRODUCT.—The 

term ‘qualified pandemic or epidemic product’ means a drug (as 

such term is defined in section 201(g)(1) of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)), biological product (as such term is defined by section 351(i) of this Act), or device (as such term is defined by section 201(h) of the Federal 

Food, Drug and Cosmetic Act (21 U.S.C. 321(h)) that is—

‘‘(A)(i) a product manufactured, used, designed, developed, modified, licensed, or procured—

‘‘(I) to diagnose, mitigate, prevent, treat, or cure a 

pandemic or epidemic; or 

‘‘(II) to limit the harm such pandemic or epidemic 

might otherwise cause; or 

‘‘(ii) a product manufactured, used, designed, developed, modified, licensed, or procured to diagnose, mitigate, 

prevent, treat, or cure a serious or life-threatening disease 

or condition caused by a product described in clause (i); 

and 

‘‘(B)(i) approved or cleared under chapter V of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of this Act; 

‘‘(ii) the object of research for possible use as described 

by subparagraph (A) and is the subject of an exemption 

under section 505(i) or 520(g) of the Federal Food, Drug, 

and Cosmetic Act; or 

‘‘(iii) authorized for emergency use in accordance with 

section 564 of the Federal Food, Drug, and Cosmetic Act. 

‘‘(8) QUALIFIED PERSON.—The term ‘qualified person’, when 

used with respect to the administration or use of a covered 

countermeasure, means—

‘‘(A) a licensed health professional or other individual 

who is authorized to prescribe, administer, or dispense such 

countermeasures under the law of the State in which the 

countermeasure was prescribed, administered, or dispensed; or 

‘‘(B) a person within a category of persons so identified 

in a declaration by the Secretary under subsection (b). 

‘‘(9) SECURITY COUNTERMEASURE.—The term ‘security countermeasure’ has the meaning given such term in section 319F–

2(c)(1)(B). 

‘‘(10) SERIOUS PHYSICAL INJURY.—The term ‘serious physical injury’ means an injury that—

‘‘(A) is life threatening; 

‘‘(B) results in permanent impairment of a body function or permanent damage to a body structure; or 

‘‘(C) necessitates medical or surgical intervention to 

preclude permanent impairment of a body function or permanent damage to a body structure.’’. 

SEC. 3. COVERED COUNTERMEASURE PROCESS. 

Part B of title III of the Public Health Service Act is further 

amended by inserting after section 319F–3 (as added by section 2) 

the following new section: 


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‘‘SEC. 319F–4. COVERED COUNTERMEASURE PROCESS. 

‘‘(a) ESTABLISHMENT OF FUND.—Upon the issuance by the Secretary of a declaration under section 319F–3(b), there is hereby established in the Treasury an emergency fund designated as the 

‘Covered Countermeasure Process Fund’ for purposes of providing 

timely, uniform, and adequate compensation to eligible individuals 

for covered injuries directly caused by the administration or use of 

a covered countermeasure pursuant to such declaration, which 

Fund shall consist of such amounts designated as emergency appropriations under section 402 of H. Con. Res. 95 of the 109th Congress, this emergency designation shall remain in effect through October 1, 2006. ‘‘(b) PAYMENT OF COMPENSATION.— ‘‘(1) IN GENERAL.—If the Secretary issues a declaration 

under 319F–3(b), the Secretary shall, after amounts have by 

law been provided for the Fund under subsection (a), provide 

compensation to an eligible individual for a covered injury directly caused by the administration or use of a covered countermeasure pursuant to such declaration. 

‘‘(2) ELEMENTS OF COMPENSATION.—The compensation that 

shall be provided pursuant to paragraph (1) shall have the 

same elements, and be in the same amount, as is prescribed by 

sections 264, 265, and 266 in the case of certain individuals injured as a result of administration of certain countermeasures 

against smallpox, except that section 266(a)(2)(B) shall not 

apply. 

‘‘(3) RULE OF CONSTRUCTION.—Neither reasonable and necessary medical benefits nor lifetime total benefits for lost employment income due to permanent and total disability shall be 

limited by section 266. 

‘‘(4) DETERMINATION OF ELIGIBILITY AND COMPENSATION.—

Except as provided in this section, the procedures for determining, and for reviewing a determination of, whether an individual is an eligible individual, whether such individual has 

sustained a covered injury, whether compensation may be available under this section, and the amount of such compensation 

shall be those stated in section 262 (other than in subsection 

(d)(2) of such section), in regulations issued pursuant to that 

section, and in such additional or alternate regulations as the 

Secretary may promulgate for purposes of this section. In making determinations under this section, other than those described in paragraph (5)(A) as to the direct causation of a covered injury, the Secretary may only make such determination 

based on compelling, reliable, valid, medical, and scientific evidence. 

‘‘(5) COVERED COUNTERMEASURE INJURY TABLE.—

‘‘(A) IN GENERAL.—The Secretary shall by regulation 

establish a table identifying covered injuries that shall be 

presumed to be directly caused by the administration or use 

of a covered countermeasure and the time period in which 

the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to 

apply. The Secretary may only identify such covered injuries, for purpose of inclusion on the table, where the Secretary determines, based on compelling, reliable, valid, 


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medical, and scientific evidence that administration or use 

of the covered countermeasure directly caused such covered 

injury. ‘‘(B) AMENDMENTS.—The provisions of section 263 

(other than a provision of subsection (a)(2) of such section 

that relates to accidental vaccinia inoculation) shall apply 

to the table established under this section. ‘‘(C) JUDICIAL REVIEW.—No court of the United States, 

or of any State, shall have subject matter jurisdiction to review, whether by mandamus or otherwise, any action by the 

Secretary under this paragraph. 

‘‘(6) MEANINGS OF TERMS.—In applying sections 262, 263, 

264, 265, and 266 for purposes of this section—

‘‘(A) the terms ‘vaccine’ and ‘smallpox vaccine’ shall be 

deemed to mean a covered countermeasure; 

‘‘(B) the terms ‘smallpox vaccine injury table’ and ‘table 

established under section 263’ shall be deemed to refer to 

the table established under paragraph (4); and 

‘‘(C) other terms used in those sections shall have the 

meanings given to such terms by this section. 

‘‘(c) VOLUNTARY PROGRAM.—The Secretary shall ensure that a 

State, local, or Department of Health and Human Services plan to 

administer or use a covered countermeasure is consistent with any 

declaration under 319F–3 and any applicable guidelines of the Centers for Disease Control and Prevention and that potential participants are educated with respect to contraindications, the voluntary 

nature of the program, and the availability of potential benefits and 

compensation under this part. ‘‘(d) EXHAUSTION; EXCLUSIVITY; ELECTION.—

‘‘(1) EXHAUSTION.—Subject to paragraph (5), a covered individual may not bring a civil action under section 319F–3(d) 

against a covered person (as such term is defined in section 

319F–3(i)(2)) unless such individual has exhausted such remedies as are available under subsection (a), except that if 

amounts have not by law been provided for the Fund under 

subsection (a), or if the Secretary fails to make a final determination on a request for benefits or compensation filed in accordance with the requirements of this section within 240 days 

after such request was filed, the individual may seek any remedy that may be available under section 319F–3(d). ‘‘(2) TOLLING OF STATUTE OF LIMITATIONS.—The time limit 

for filing a civil action under section 319F–3(d) for an injury 

or death shall be tolled during the pendency of a claim for compensation under subsection (a). 

‘‘(3) RULE OF CONSTRUCTION.—This section shall not be 

construed as superseding or otherwise affecting the application 

of a requirement, under chapter 171 of title 28, United States 

Code, to exhaust administrative remedies. 

‘‘(4) EXCLUSIVITY.—The remedy provided by subsection (a) 

shall be exclusive of any other civil action or proceeding for any 

claim or suit this section encompasses, except for a proceeding 

under section 319F–3. ‘‘(5) ELECTION.—If under subsection (a) the Secretary determines that a covered individual qualifies for compensation, the 

individual has an election to accept the compensation or to 


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171 

bring an action under section 319F–3(d). If such individual 

elects to accept the compensation, the individual may not bring 

such an action. 

‘‘(e) DEFINITIONS.—For purposes of this section, the following 

terms shall have the following meanings: 

‘‘(1) COVERED COUNTERMEASURE.—The term ‘covered countermeasure’ has the meaning given such term in section 319F–

3. 

‘‘(2) COVERED INDIVIDUAL.—The term ‘covered individual’, 

with respect to administration or use of a covered countermeasure pursuant to a declaration, means an individual—

‘‘(A) who is in a population specified in such declaration, and with respect to whom the administration or use 

of the covered countermeasure satisfies the other specifications of such declaration; or 

‘‘(B) who uses the covered countermeasure, or to whom 

the covered countermeasure is administered, in a good faith 

belief that the individual is in the category described by 

subparagraph (A). 

‘‘(3) COVERED INJURY.—The term ‘covered injury’ means serious physical injury or death. 

‘‘(4) DECLARATION.—The term ‘declaration’ means a declaration under section 319F–3(b). 

‘‘(5) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’

means an individual who is determined, in accordance with 

subsection (b), to be a covered individual who sustains a covered injury.’’. 

This Act may be cited as the ‘‘Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the 

Gulf of Mexico, and Pandemic Influenza Act, 2006’’. 

And the Senate agree to the same. 

BILL YOUNG, 

DAVID HOBSON, 

HENRY BONILLA, 

R. P. FRELINGHUYSEN, 

TODD TIAHRT, 

ROGER F. WICKER, 

JACK KINGSTON, 

KAY GRANGER, 

JAMES T. WALSH, 

ROBERT B. ADERHOLT, 

JERRY LEWIS, 

JOHN P. MURTHA, 

NORMAN D. DICKS, 

(Except for Division C as to 

ANWR), 

MARTIN OLAV SABO, 

(Except for 1% cut in Division B and Division C), 

PETER J. VISCLOSKY, 

(Except for Division C and 

Division B as to 1% cut 

and avian flu section), 

JAMES P. MORAN, 


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172 

(Except for Division B and 

Division C as to 1% cut, 

avian flu and ANWR provisions), 

MARCY KAPTUR, (Except for ANWR provision 

and Division B and Division C as to 1% cuts and 

avian flu), 

CHET EDWARDS, (Except for 1% cut), 

DAVID R. OBEY, 

(Except for Division C, Division B as to 1% cut and 

avian flu), 

Managers on the Part of the House. 

TED STEVENS, 

THAD COCHRAN, 

ARLEN SPECTER, 

PETE V. DOMENICI, 

KIT BOND, 

MITCH MCCONNELL, 

RICHARD C. SHELBY, 

JUDD GREGG, 

KAY BAILEY HUTCHISON, 

CONRAD BURNS, 

DANIEL K. INOUYE, 

ROBERT C. BYRD, 

(Except ANWR and across 

the board cut and avian 

flu vaccine liability and 

compensation provisions), 

BYRON L. DORGAN, 

(Except on ANWR and 1% 

cut and avian flu vaccine 

liability and compensation 

provisions), 

DIANNE FEINSTEIN, 

(Except ANWR and 1% cut 

and avian flu vaccine liability and compensation 

provisions), 

BARBARA A. MIKULSKI, 

(Except ANWR and 1% ATB 

cut and avian flu vaccine 

liability and compensation 

provisions), 

Managers on the Part of the Senate. 


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(173) 

JOINT EXPLANATORY STATEMENT 

DIVISION A 

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the Senate to the bill (H.R. 2863), making appropriations for the Department of Defense for the fiscal year ending 

September 30, 2006, and for other purposes, submit the following 

joint statement to the House and the Senate in explanation of the 

effect of the action agreed upon by the managers and recommended 

in the accompanying conference report. 

The conference agreement on the Department of Defense Appropriations Act, 2006, incorporates some of the provisions of the 

House and Senate versions of the bill as well as some matters 

under the jurisdiction of the Subcommittee on Military Quality of 

Life and Veterans Affairs, and Related Agencies of the House Committee on Appropriations that were addressed in the House in H.R. 

2528. The language and allocations set forth in House Report 109–

119 and Senate Report 109–141, and the relevant language and allocations set forth in House Report 109–95, should be complied 

with unless specifically addressed in the accompanying conference 

report and statement of managers to the contrary. 

The Senate amendment deleted the entire House bill after the 

enacting clause and inserted new language. The conference agreement includes revised language. 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

The conferees agree that for the purposes of the Balanced 

Budget and Emergency Deficit Control Act of 1985 (Public Law 99– 177) as amended by the Balanced Budget and Emergency Deficit 

Control Reaffirmation Act of 1987 (Public Law 100–119) and by the 

Budget Enforcement Act of 1990 (Public Law 101–508), the term 

program, project, and activity for appropriations contained in this 

Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2006, the 

accompanying House and Senate Committee reports, the conference 

report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes and reports, and the P–1 and R–1 budget justification documents as subsequently modified by Congressional action. The following exception to the above definition shall apply: for the Military Personnel and the Operation and Maintenance accounts, the 

term ‘‘program, project, and activity’’ is defined as the appropriations accounts contained in the Department of Defense Appropriations Act. 


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At the time the President submits his budget for fiscal year 

2007, the conferees direct the Department of Defense to transmit 

to the congressional defense committees budget justification documents to be known as the ‘‘M–1’’ and ‘‘O–1’’ which shall identify, 

at the budget activity, activity group, and subactivity group level, 

the amounts requested by the President to be appropriated to the 

Department of Defense for military personnel and operation and 

maintenance in any budget request, or amended budget request, 

for fiscal year 2007. 

CLASSIFIED ANNEX

Adjustments to classified programs are addressed in the classified annex accompanying this report. 


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REPROGRAMMING AND REPORTING GUIDANCE FOR BASIC ALLOWANCE

FOR HOUSING

The conferees direct the Department of Defense to provide 

budget execution data for Basic Allowance for Housing funding to 

the Subcommittee on Military Quality of Life and Veterans Affairs, 

and Related Agencies and the Subcommittee on Defense of the 

Committee on Appropriations of the House of Representatives and 

the Subcommittee on Defense of the Committee on Appropriations 

of the Senate. Such budget execution data shall be provided 

through the DD–COMP(M) 1002 accounting form and delivered no 

later than forty-five days past the close of each quarter for the fiscal year. The Reserve Component accounts do not provide budget 

line item data for Basic Allowance for Housing; therefore, the Department is directed to provide comparable DD–COMP(M) 1002 detail when submitting quarterly execution data. 

The conferees further direct the Department to distinctly identify Basic Allowance for Housing funding on all prior approval reprogramming requests (Form 1415) submitted to the Congress. All 

prior approval reprogramming requests affecting Basic Allowance 

for Housing funding should be submitted to the Subcommittee on 

Military Quality of Life and Veterans Affairs, and Related Agencies 

and Subcommittee on Defense of the Committee on Appropriations 

of the House of Representatives and the Subcommittee on Defense 

of the Committee on Appropriations of the Senate. 

COMPOSITE PAY RATES

For a number of years, the Government Accountability Office 

(GAO) has used the Department of Defense’s draft composite pay 

rates in its military personnel strength analysis to estimate the financial impact of work year variances on the Services’ military personnel budget requests. Although this information has been important to the congressional defense committees in their budget analysis, the conferees believe that GAO’s estimates would be more accurate if their estimates used the Services’ DoD approved composite rates. Therefore, the conferees believe that DoD should review, approve, and publish the Services’ budget year composite pay 

rates not later than 60 days after the President’s budget request 

is submitted to the Congress. 

ACTIVE END STRENGTH 

[Fiscal year 2006] 

Budget Conference Conference vs. 

Budget 

Army .................................................................................................................. 482,400 482,400 ......................

Navy .................................................................................................................. 352,700 352,700 ......................

Marine Corps ..................................................................................................... 175,000 175,000 ......................

Air Force ............................................................................................................ 357,400 357,400 ......................

Total, Active Personnel ............................................................................ 1,367,500 1,367,500 — 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustment to the budget activities is as follows: 

[In thousands of dollars] 

Undistributed: 

3200 Unobligated Balances ..................................................................... ¥209,400 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Undistributed: 

9550 Unobligated Balances ..................................................................... ¥192,000 

9630 Navy Force Shaping Tools ............................................................. ¥52,000 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustment to the budget activities is as follows: 

[In thousands of dollars] 

Undistributed: 

14315 Unobligated Balances ................................................................... ¥56,100 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Undistributed: 

19620 Unobligated Balances ................................................................... ¥297,900 

19625 B–52 Attrition Reserve ................................................................ 2,800 

NATIONAL GUARD AND RESERVE FORCES 

The conferees agree to provide $13,848,941,000 in Reserve personnel appropriations, and $15,112,612,000 in Reserve operation 

and maintenance appropriations. These funds support a Selected 

Reserve end strength of 848,500 as shown below. 

SELECTED RESERVE END STRENGTH 

[Fiscal Year 2006] 

Budget Conference Conference vs. 

Budget 

Selected Reserve: 

Army Reserve ........................................................................................... 205,000 205,000 ......................

Navy Reserve ............................................................................................ 73,100 73,100 ......................

Marine Corps Reserve .............................................................................. 39,600 39,600 ......................

Air Force Reserve ..................................................................................... 74,000 74,000 ......................

Army National Guard ............................................................................... 350,000 350,000 ......................

Air National Guard ................................................................................... 106,800 106,800 ......................

Total ................................................................................................ 848,500 848,500 ......................

AGR/TARS: 

Army Reserve ........................................................................................... 15,270 15,270 ......................

Navy Reserve ............................................................................................ 13,392 13,392 ......................

Marine Corps Reserve .............................................................................. 2,261 2,261 ......................

Air Force Reserve ..................................................................................... 2,290 2,290 ......................

Army National Guard ............................................................................... 27,345 27,396 +51 

Air National Guard ................................................................................... 13,089 13,123 +34 

Total ................................................................................................ 73,647 73,732 +85 

Technicians: 

Army Reserve ........................................................................................... 8,344 8,344 ......................

Air Force Reserve ..................................................................................... 9,942 9,942 ......................

Army National Guard ............................................................................... 27,163 27,163 ......................

Air National Guard ................................................................................... 23,321 23,321 ......................

Total ................................................................................................ 68,770 68,770 ......................

RESERVE COMPONENTS BUDGET STRUCTURE CHANGE

The conferees agree to a one year test of a consolidated budget 

structure for the Reserve components’ military personnel appropriations. This test will evaluate the budget structure presented in 

the President’s budget request reflecting a single budget activity 

for execution purposes in fiscal year 2006. The test will conclude 

with the closure of fiscal year 2006. The conferees direct the Department of Defense to submit its fiscal year 2007 budget request 

using the two-budget activity structure, and the final structure will 

be addressed in the fiscal year 2007 defense appropriations act. 

The conferees understand the reasoning behind the Department of 

Defense’s request to provide additional financial management flexibility for the Reserve components to execute their respective appropriations. Given this, the congressional defense committees still reVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00188 Fmt 6601 Sfmt 6601 E:\HR\OC\HR359.XXX HR359

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quire visibility over the movement of funds within the accounts of 

the Services’ appropriations. Therefore, the conferees direct the Department of Defense to provide a semi-annual report to the congressional defense committees showing transfers within the Reserve component military personnel appropriations. The report format will provide separate explanations for all transfers in and out 

of each appropriation line item that equal, exceed, or cumulate to 

$5,000,000. Reports will be due 30 days following the end of the 

second quarter and the fiscal year. The conferees expect the Department of Defense to work with the congressional defense committees on the details of the report format. 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Undistributed: 

23800 Unobligated Balances ................................................................... 19,800 

23810 Reserves Cost Avoidance ............................................................. 56,800 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Undistributed: 

25300 Unobligated Balances ................................................................... ¥52,300 

25370 Reserves Cost Avoidance ............................................................. ¥36,000 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Undistributed: 

26600 Unobligated Balances ................................................................... ¥1,600 

26650 Reserves Cost Avoidance ............................................................. ¥6,600 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Undistributed: 

27900 Unobligated Balances ................................................................... ¥18,200 

27910 Reserves Cost Avoidance ............................................................. ¥4,700 

27930 932nd Airlift Wing Personnel ...................................................... 4,700 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Undistributed: 

29350 Unobligated Balances ................................................................... ¥11,600 

29410 Reserves Cost Avoidance ............................................................. ¥200,000 

29435 Lewis and Clark Bicentennial Activities .................................... 1,600 

LEWIS AND CLARK BICENTENNIAL COMMEMORATION SUPPORT

Funds designated for the Lewis and Clark Bicentennial Commemoration in the National Guard Personnel, Army and the Operation and Maintenance, Army National Guard appropriations are 

to provide ceremonial, educational, safety, security, and logistics 

support to include support for up to ten students from each state 

and territory selected to participate in the Youth Rendezvous. 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Reserve Component Training and Support: 

29650 Pay Group A Training/166th Information Operations Squadron .......................................................................................................... 100 

29830 Administration and Support/166th Information Operations 

Squadron ............................................................................................... 1,100 

Undistributed: 

30550 Unobligated Balances ................................................................... ¥13,500 

30600 Reserves Cost Avoidance ............................................................. ¥20,000 


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RESPONSE OF FEDERAL GOVERNMENT TO DISASTERS

The conferees direct the Director of the Office of Management 

and Budget, in coordination with the Secretary of Defense and the 

Secretary of Homeland Security, to conduct a study on improving 

the response of the Department of Defense and other Federal Government agencies to disasters. In conducting the study the Director 

should consider mechanisms for coordinating and expediting disaster preparation and response efforts; examine the role of the Department of Defense for participating in disaster response, including planning, logistics, relief and reconstruction assistance; and assess the role of the United States Geological Survey in enhancing 

disaster preparation measures. The Director shall submit a report 

on the study to Congress by May 1, 2006. The findings should include recommendations for improving the response of the Department of Defense and other Federal Government agencies to disasters and identify any legislation or regulations that the Director determines necessary to implement such recommendations. 

REIMBURSEMENT FOR PROTECTIVE, SAFETY, AND HEALTH

EQUIPMENT FOR MEMBERS OF THE ARMED FORCES

The Ronald W. Reagan National Defense Authorization Act for 

Fiscal Year 2005 authorized the Department of Defense to reimburse members of the Armed Forces for the cost of purchasing protective, safety, or health equipment for use in Operation Noble 

Eagle, Operation Enduring Freedom, and Operation Iraqi Freedom. 

In order to more adequately address this situation, the conference 

agreement amends Section 351 of that Act to extend this authority 

until April 1, 2006. 

In addition, the conferees are concerned that certain types of 

equipment are not included in the guidance issued by the Department of Defense on October 4, 2005. Therefore, the conferees direct 

the Department to revise the guidance to include summer gloves, 

knee pads and elbow pads, deltoid and auxiliary protectors, and 

side plate body armor. The conferees further direct the Military Departments to implement guidance for submitting and processing 

these claims not later than January 31, 2006. 

GROUND SOURCE HEAT PUMPS

The conferees direct the Secretary of Defense to submit a report to the congressional defense committees by July 1, 2006, on 

the use of ground source heat pumps at Department of Defense facilities. The report should include a description of the types of facilities that use ground source heat pumps, an assessment of the 

applicability and cost effectiveness of using ground source heat 

pumps in different geographic regions of the United States, and an 

assessment of the applicability to use ground source heat pumps 

for new construction and retrofitting Department of Defense facilities. 

MILITARY TO CIVILIAN CONVERSIONS

The conferees recognize the Military to Civilian Conversion 

program as an important tool to alleviate stress on the force by reVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00203 Fmt 6601 Sfmt 6601 E:\HR\OC\HR359.XXX HR359

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placing uniformed service members in non-military essential positions with federal civilian or contractor personnel. However, the 

conferees are concerned that budget justification materials do not 

adequately describe the Department’s Military to Civilian Conversion program and that the Department lacks a clear methodology 

for developing its budget estimates. Therefore, the conferees have 

reduced the Military Services’ budget request for Military to Civil- ian Conversions by $282,000,000 due to poor budget justification. 

These reductions should not be interpreted to limit the number of 

conversions completed in fiscal year 2006 if sufficient resources are 

available. The conferees direct the Department to include comprehensive data on the Military to Civilian Conversion Program in 

future budget justification materials. The budget materials should 

include: the number of conversions completed in the two fiscal 

years prior to the budget request year, the mix of positions filled 

by civilian contractors or government employees, the number of 

conversions expected to occur in the budget year, the mix of civilian 

contractors and government employees expected to be hired, and a 

detailed explanation of the cost estimates used in developing the 

budget request. 

REPROGRAMMING AND REPORTING GUIDANCE FOR FACILITIES

SUSTAINMENT, RESTORATION AND MODERNIZATION

The conferees direct the Department of Defense to provide 

budget execution data for Facilities Sustainment, Restoration and 

Modernization funding to the Subcommittee on Military Quality of 

Life and Veterans Affairs, and Related Agencies and the Subcommittee on Defense of the Committee on Appropriations of the 

House of Representatives and the Subcommittee on Defense of the 

Committee on Appropriations of the Senate. Such budget execution 

data shall be provided through the DD–COMP(M) 1002 accounting 

form and delivered no later than forty-five days past the close of 

each quarter for the fiscal year. The Operation and Maintenance, 

Defense-Wide account does not provide budget line item data for 

Facilities Sustainment, Restoration and Modernization: therefore, 

the Department is directed to provide comparable DD–COMP(M) 

1002 detail when submitting quarterly execution data. 

The conferees further direct the Department to distinctly identify Facilities Sustainment, Restoration and Modernization funding 

on all prior approval reprogramming requests (Form 1415) submitted to the Congress. All prior approval reprogramming requests 

affecting the Facilities Sustainment, Restoration and Modernization funding should be submitted to the Subcommittee on Military 

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

Subcommittee on Defense of the Committee on Appropriations of 

the House of Representatives and the Subcommittee on Defense of 

the Committee on Appropriations of the Senate. 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces 

250 Leakproof Transmission Drip Pans ...................................... 2,620 

250 Modular General Purpose Tent System (MGPTS) ............... 2,620 

250 Lightweight Maintenance Enclosure .................................... 500 

250 Small All-Terrain Military Utility Vehicle (M-Gator) ......... (title IX) 

300 Tactical Operations Centers (ELAMS/MECCS) for 

USASOC ...................................................................................... 3,400 

400 RFI Sustainment Peace Time Offset .................................... ¥103,000 

450 Efficiencies in Administrative and Support Activities ........ ¥5,000 

450 Contractor Logistics Support Unjustified Growth ............... ¥7,000 

450 USARPAC Core Warfighting C4 Network Infrastructure .. 11,480 

550 Unjustified Growth in Operations Support Costs ................ ¥20,000 

550 Cognitive Air Defense Simulators (CADS) ........................... 1,500 

550 Fleece Insulated Liners for ECWCS ..................................... 4,000 

550 Grenade Range Improvements at Fort Knox ....................... 1,000 

550 Rx-Capable Dual Sized Ballistic Protective Eyewear Protection System ............................................................................. 4,200 

550 Battle Command Training Capability .................................. 3,900 

550 USARPAC Deployable C4 Systems ....................................... 1,700 

550 Chem/Bio Resistant Hydration on the Move (from line 

250) ............................................................................................... 1,000 

600 Peace Time Systems Readiness Support Offset ................... ¥83,000 

600 Corrosion Prevention and Control Program ......................... 1,000 

600 Golden Hour Technology Containers .................................... 5,000 

600 Alaska Land Mobile Radio (ALMR) ...................................... 3,400 

600 Ground Forces Readiness Enabler for Advanced Tactical 

Vehicles ........................................................................................ 1,000 

600 USARPAC GCCS Operations ................................................ 1,190 

650 Remanufactured Generator Engines ..................................... 1,000 

650 Depot Maintenance Peace Time Work Load Adjustment .... ¥344,800 

750 Unsupported Growth in Utilities Privatization ................... ¥15,000 

750 High Performance Conflict Resolution, Skill Development, 

and Team Building ..................................................................... 1,700 

750 Service-Wide Safety: Breathscan Alcohol Detectors ............ 3,400 

750 Strengthening the Quality of Life for Military Families ..... 650 

750 Army Conservation and Ecosystem Management ............... 4,000 

750 Fort Wainwright Utilidor Repairs ......................................... 8,500 

750 Lewis Educational Area at Fort Lewis, WA ......................... 400 

800 Undistributed Increase for SRM ........................................... 20,000 

800 Roof for Building 299 Rock Island Arsenal .......................... 5,600 

850 Unjustified Growth in Management Headquarters ............. ¥5,000 

950 Streamlined Assistance to the Severely Wounded ............... 1,000 

Budget Activity 2: Mobilization 

1200 Quadruple Specialty Containers ......................................... 3,000 

1300 Rock Island Arsenal Industrial Mobilization Capacity ..... 7,000 

Budget Activity 3: Training and Recruiting 

1500 Unjustified Growth in Library Cost (From line 2850) ....... ¥5,000 

1650 Early Commissioning Program at Military Junior Colleges ............................................................................................. 1,200 

1650 Air Battle Captain ................................................................ 2,000 

1850 Global Language Online Support System (GLOSS) .......... 1,680 

1850 On-Line Automated Diagnostic Assessment of Language 

Proficiency ................................................................................... 1,000 

1850 DLI—Language Laboratory Acquisition ............................. 2,125 

1850 Military Police Training at the Multi-Jurisdictional 

Counter-Drug Task Force Training (MCTFT) .......................... 1,000 

1850 Virtual Interactive Training and Assessment System 

(VITAS) ........................................................................................ 1,700 

1850 Joint Air Defender Simulation at Fort Bliss ...................... 2,100 

1850 Language Acquisition Program for Army Officers ............. 150 

1850 Military Surgeon Training Initiative for Special Operations Combat Medic Training Program ................................... 2,000 


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1850 Multipurpose Law Enforcement Academy for Military 

Police ............................................................................................ 1,000 

1850 Satellite Communications for Learning .............................. 2,100 

1950 Leadership for Leaders at CGSC/CAL and KSU ............... 1,000 

2000 Training Doctrine Development Unsupported Growth ..... ¥11,300 

2000 Automated Delivery of the DLAB and Research on the 

Next Generation Aptitude Test ................................................. 1,000 

2000 Live Training Instrumentation for Air & Missile Defense 

Units ............................................................................................ 2,100 

2000 Crossroad Cluster Communities at Fort Knox ................... 1,000 

2000 Army Distributed Learning System .................................... 1,000 

2300 Mobilizing Educational Technology to Support Combat 

Deployment .................................................................................. 1,000 

2300 USARAK Online Technology Training Program ................ 1,000 

2300 On-line Technology Training Program at Joint Base 

Lewis/McChord ............................................................................ 1,400 

2350 Intern Program Unsupported Growth ................................ ¥32,000 

2400 Philadelphia Military Academies ........................................ 100 

Budget Activity 4: Administration and Service-Wide Activities 

2650 Adjustment to Classified Program ...................................... 22,090 

2650 Unattended Ground Sensors ............................................... 1,400 

2650 Biometrics Identity System for Access ............................... 750 

2750 Peace time offset for Depot Maintenance Transportation, 

Port Operations, and Traffic Management Support ................ ¥68,000 

2800 Sustainment System Technical Support Peace Time Offset ................................................................................................. ¥116,000 

2800 Pulse Technology—Army Battery Management Program 2,520 

2800 Advanced Technology Batteries ........................................... 1,750 

2800 Aviation/Missile Life Cycle Management Command Integrated Digital Environment Pilot Program .............................. 1,000 

2850 Common Logistics Operating Environment ....................... 1,800 

2850 Sense and Respond Logistics ............................................... 1,200 

2850 TACOM Life Cycle Management Command Integrated 

Digital Environment Pilot Program .......................................... 1,000 

2850 Joint U.S. Army and USMC Autonomic Logistics Prototype ............................................................................................... 1,000 

2850 Controlled Humidity Preservation Program, Soft Portable Tunnels ................................................................................ 1,000 

2850 Information Assurance Vulnerability Alert (IAVA) Cell ... 1,500 

2850 Standard Army Maintenance System—Enhanced ............. 5,000 

3000 Jam Resistant Secure Communications (Transfer to 

OPA) ............................................................................................. ¥16,500 

3000 Salute Our Services/Kids Serve 2 ....................................... 1,000 

3050 Communications Unsupported Growth .............................. ¥11,000 

3200 Memorial Day ....................................................................... 900 

3650 Western Hemisphere Information Exchange Program ...... 1,250 

Undistributed: 

3715 Working Capital Fund Excess Carryover ........................... ¥94,700 

3730 Repairs at Fort Baker .......................................................... 2,000 

4100 Administration and Service-Wide Activities ...................... ¥8,400 

4110 Civilian Pay Overstatement ................................................ ¥17,000 

4130 Military to Civilian Conversions ......................................... ¥47,000 

4139 Unobligated Balances ........................................................... ¥92,000 

4140 Peace Time Training Offset ................................................. ¥250,000 

4145 Audit of DoD Financial Systems ......................................... ¥28,000 

4150 Defense Information System Network Costs ..................... ¥12,500 

4160 Arctic Winter Games ............................................................ 500 

INDUSTRIAL MOBILIZATION CAPACITY

The conferees recognize the critical importance of the Industrial Mobilization Capacity program for offsetting costs to maintain 

wartime capabilities at Department of Defense depots, arsenals, 

and ammunition plants. The conferees recommend an additional 

$7,000,000 for this program at Rock Island Arsenal. The amount 

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trial Mobilization Capacity at Rock Island Arsenal. The conferees 

understand the requirement for Industrial Mobilization Capacity 

funding may decline during fiscal year 2006 due to increased workloads attributable to ongoing contingency operations. The conferees 

direct that any Industrial Mobilization Capacity funding designated for Rock Island Arsenal that is not required for its intended purpose be used for other activities or projects which will 

create efficiencies or improve operations and work conditions at the 

Arsenal. 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces 

4560 Knowledge Management and Decision Support System ............. 3,500 

4560 Automated Explosive Safety Assessment Tools ........................... 1,700 

4560 Baseline Adjustment for One-Time Increase ............................... ¥6,000 

4600 P–3 SSI Sustainment ..................................................................... ¥16,700 

4600 Depot Maintenance Peace Time Work Load Adjustment ........... ¥32,000 

4650 Growth in Converged Enterprise Resource Planning .................. ¥7,500 

4650 Converged Enterprise Resource Planning Transfer to RDTE,N) ¥10,000 

4650 Low Observability Coatings and Materials Maintenance Program (LOCMM) ..................................................................................... 1,200 

4650 Naval Aviation Depot (NADEP) Support of the FRP .................. 1,200 

4650 Composite Repair Training Program ............................................ 250 

4650 CAT & RADCOM Test Program Sets ........................................... 2,975 

4650 NAVAIR Knowledge Management and Decision Support System ......................................................................................................... 3,600 

4650 Baseline Adjustment for One-Time Increase ............................... ¥8,300 

4650 Simulation Modeling Analytical Support Systems (SMASS) 

Naval Aviation Depot Jacksonville ..................................................... 1,000 

4850 Man Overboard Safety System Installation ................................. 1,000 

4850 NULKA (MK 234 Electronic Decoy Cartridge) ............................ 1,000 

4850 Baseline Adjustment for One-Time Increase ............................... ¥6,200 

4850 SSBN Transit Protection System .................................................. 19,200 

5050 Improved Engineering Design Process ......................................... 1,050 

5050 Flame Contaminant Detection System ......................................... 1,000 

5050 Baseline Adjustment for One-Time Increase ............................... ¥4,300 

5400 Efficiencies in Training Support ................................................... ¥5,000 

5450 Center of Excellence for Disaster Management and Humanitarian Assistance (COE) ....................................................................... 4,000 

5500 Training Support Unjustified Growth including JFCOM ........... ¥15,000 

5550 Manual Reverse Osmosis Desalinator (MROD) Testing, Repair 

and Replacement ................................................................................... 500 

5600 Electric Start System Technology Upgrade .................................. 2,500 

5600 Marine Gas Turbine Photonic Sensor ........................................... 1,000 

5900 Peace Time System Support Offset ............................................... ¥17,800 

5950 Mk 45 Mod 5 Inch Gun Depot Overhauls .................................... 13,000 

5950 Baseline Adjustment for One-Time Increase ............................... ¥10,500 

6220 Base Operating Support Unjustified Growth ............................... ¥57,000 

6220 Navy Region Northwest—Navy Shore Infrastructure Transformation (NSIT) ................................................................................... 2,500 

6220 Waterfree Urinal Conservation Initiative .................................... 1,000 

6220 Toledo Shipyard Improvement Plan ............................................. 4,000 

6220 Service-Wide Safety: Breathscan Alcohol Detectors .................... 1,920 

6220 Navy Region Northwest Counterterrorism Program ................... 2,000 

6220 PMRF Flood Control ...................................................................... 2,125 

6220 Waste Water Treatment for NCTAMS ......................................... 2,000 

6220 Baseline Adjustment for One-Time Increase ............................... ¥14,200 

Budget Activity 3: Training and Recruiting 

7200 Virtual Interactive Training and Assessment System (VITAS) 1,000 

7200 Baseline Adjustment for One-Time Increase ............................... ¥2,000 

7300 Navy Advanced Education Demonstration Project ...................... 1,000 

7300 Center for Defense Technology and Education for the Military 

Services (CDTEMS) .............................................................................. 3,000 

7300 Mobile Distance Learning .............................................................. 1,000 

7350 Night Vision Devices in Advanced Helicopter Training .............. 1,000 

7550 Naval Sea Cadet Corps .................................................................. 300 

7700 Westbury Unified School District Naval Junior ROTC Marine 

Science Research Program ................................................................... 1,000 

Budget Activity 4: Administration and Service-Wide Activities 

8250 Defense Information System Network Costs ............................... ¥15,000 

8550 Stainless Steel Sanitary Space ...................................................... 1,050 

8600 Critical Infrastructure Protection Program .................................. 1,000 

8700 Diagnosis and Prognostication of Gas Turbine Problems ........... 1,400 

8750 Total Ship Test Production (TSTP) Program ............................... 1,000 


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9000 Local Situational Assessment Segment, NAS Lemoore .............. 1,000 

9220 Adjustment to Classified Program ................................................ 19,324 

Undistributed: 

9550 Administration and Service-wide Activities ................................. ¥48,900 

9570 Civilian Pay Overstatement .......................................................... ¥172,000 

9580 Military to Civilian Conversion ..................................................... ¥55,000 

9615 Unobligated Balances ..................................................................... ¥65,000 

9620 Peace Time Training Offset ........................................................... ¥274,000 

9630 Audit of DoD Financial Systems ................................................... ¥30,400 

REACTION FORCE FACILITY BERTHING, KINGS BAY, GEORGIA

The conferees urge the Navy to fully fund and execute needed 

repairs to temporary berthing facilities for Marines on watch 

standing duty at the Strategic Weapons Facility Atlantic, and expect the Navy to complete the ongoing renovation of Marine permanent barracks in Building 1061. 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces: 

10050 Acclimate High Performance Undergarments ........................... 2,000 

10050 Extended Cold Weather Clothing System .................................. 1,500 

10050 Modular General Purpose Tent System (MGPTS) ..................... 3,160 

10050 Chem/Bio Resistant Hydration on the Move .............................. 1,000 

10050 All Purpose Environmental Clothing System (APECS) ............ 5,600 

10050 Cold Weather Clothing and Equipment Program Marine 

Corps Base Layer .................................................................................. 2,000 

10050 Combat Casualty Care Equipment Upgrade .............................. 2,000 

10050 Integrated Clothing Component for Mountain Cold Weather 

Clothing and Equipment Program (MCWCEP) .................................. 2,100 

10050 Marine Advanced Combat Suit Base Layer—Next to Skin 

Seamless Battle Apparel ...................................................................... 1,750 

10050 Marine Corps Contact Glove ....................................................... 1,800 

10050 MIOX On-the-Move Individual Water Purification System ...... 4,000 

10050 MCCDC Analysis and Requirements Development Center of 

Excellence Excess Growth .................................................................... ¥8,700 

10100 Unjustified Growth in Administrative Support ......................... ¥2,500 

10100 Lightweight Maintenance Enclosure .......................................... 1,250 

10100 Ultra Lightweight Camouflage Net System (ULCANS) ............ 2,000 

10100 Advanced Technology Batteries .................................................. 1,750 

10100 Corrosion Assessment Teams ...................................................... 1,400 

10100 Corrosion Prevention and Control Program ............................... 1,000 

10100 Rapid Data Management System (RDMS) ................................. 3,500 

10100 Unjustified Growth in Logistics Support .................................... ¥7,000 

10150 Depot Maintenance Peace Time Work Load Adjustment ......... ¥23,000 

10170 Advanced Vapor Corrosion Inhibitor Delivery System ............. 1,050 

10200 Defense Motor Vehicle Safety Demonstration Program ............ 1,000 

10200 MAGTFTC Range Transformation Initiative ............................. 16,150 

10200 Communications Upgrade MBH ................................................. 3,400 

10200 Communications Support for NOC ............................................. 1,470 

Budget Activity 4: Administration and Service-Wide Activities: 

11650 Audit of DoD Financial Systems ................................................. ¥2,000 

11650 Deployable Disbursing System (Transfer to RDTE,N) .............. ¥2,200 

11860 Blunt Island Security ................................................................... 750 

Undistributed: 

12060 Military to Civilian Conversions ................................................. ¥20,000 

12070 Unobligated Balances ................................................................... ¥10,000 

12080 Peace Time Training Offset ......................................................... ¥95,900 


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222 

ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces: 

12600 Maintain 52 F–117 Aircraft ......................................................... 9,400 

12600 MBU–20/P Oxygen Mask and Visor ........................................... 1,250 

12600 B–52 Attrition Reserve ................................................................ 25,000 

12600 F–15E Oxygen Concentrator Reliability Improvement Program ....................................................................................................... 4,025 

12600 Baseline Adjustment for One-Time Increase ............................. ¥34,900 

12600 Center of Excellence for Defense UAV Education ..................... 1,000 

12650 Robust Nuclear Earth Penetrator Support ................................ ¥3,500 

12700 Peace Time Training Support Offset .......................................... ¥85,000 

12750 Efficiencies in Air Operations Training Support ....................... ¥41,000 

12750 PARC Range Upgrade for Army/Air Force Integration (Phase 

III) .......................................................................................................... 17,700 

12755 Distributed Common Ground System (DCGS) Transfer From 

RDT&E .................................................................................................. 5,000 

12755 National Airborne Operations Center ........................................ 700 

12755 Baseline Adjustment for One-Time Increase ............................. ¥6,300 

12755 Unjustified Growth in Contractor Logistics Support ................ ¥18,300 

12775 Aircraft Defect Detection and Performance Management Application ................................................................................................. 1,000 

12775 F–16 Avionics Intermediate Shop Depot Replacement ............. 5,400 

12775 Depot Maintenance Peace Time Work Load Adjustment ......... ¥152,000 

12810 Undistributed Increase for FSRM ............................................... 15,000 

12810 Building 9480 Renovation (Phase II) .......................................... 15,000 

12850 Air Field Lighting System ........................................................... 1,200 

12850 Expert Organizational Development System (EXODUS) .......... 2,000 

12850 11th Air Force Range Power and Fiber Upgrades ..................... 6,000 

12850 Desktop Sustainment Architecture, Technology and Interoperability Division at Hickam AFB .......................................................... 1,400 

12850 Baseline Adjustment for One-Time Increase ............................. ¥17,900 

12850 Base Services Excess Program Growth ...................................... ¥80,000 

12850 Eielson Air Force Base Utilidor Repairs .................................... 8,500 

12850 Alaska Land Mobile Radio (ALMR) ............................................ 2,400 

13000 Unsupported Growth in Support Costs ...................................... ¥13,500 

13050 Notice to Airman (NOTAMS) Program Upgrade ....................... 1,700 

13050 Baseline Adjustment for One-Time Increase ............................. ¥2,600 

13100 Enhanced Situational Awareness and Analyses for Geospatial 

Enterprise Infrastructure ..................................................................... 1,700 

12850 Baseline Adjustment for One-Time Increase ............................. ¥8,500 

13100 C–17 Beddown PACAF ................................................................ 2,550 

13100 Contaminant Air Processing System .......................................... 1,000 

13350 Range Sustainment Engineering Excess Funding ..................... ¥11,900 

13400 Maintenance and Upkeep of Rocket Engine Test Stands at 

Edwards AFB ........................................................................................ 2,975 

13600 Mission Critical Power System Reliability Surveys .................. 1,000 

Budget Activity 2: Mobilization: 

13850 Emergency Vision Assurance System (EVAS) for the Total 

Force ...................................................................................................... 1,000 

13850 C–17 Beddown PACAF ................................................................ 17,850 

Budget Activity 3: Training: 

14600 Efficiencies in Specialized Skill Training Support Costs .......... ¥10,500 

14700 Unsupported Growth in Professional Development Education ¥5,000 

14750 Engineering Training and Knowledge Preservation System .... 1,350 

14750 Management Support for Air Force Battle Labs ....................... 5,100 

14750 AFIT Geospatial Distance Learning ........................................... 500 

14750 Competency-Based Distance Education Initiative with Western Governors University ..................................................................... 1,000 

14750 Baseline Adjustment for One-Time Increase ............................. ¥1,000 

14800 Efficiencies in Base Support Contractor Operations ................. ¥5,000 

15050 Unexecutable Growth in Off Duty, Voluntary Education ......... ¥7,000 

15100 Online Technology Training Program Nellis AFB ..................... 1,000 

15100 Online Technology Training Program Mac Dill AFB ................ 1,700 

15100 Baseline Adjustment for One-Time Increase ............................. ¥4,000 


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Budget Activity 4: Administration and Service-Wide Activities: 

15350 Center for Parts Configuration Management (CPCM) .............. 1,400 

15350 Air Operations Combat Support (AOCS) .................................... 1,800 

13350 Hickam AFB Alternative Fuel Vehicle Program ....................... 3,400 

15400 Expand Rapid Retargeting Training and Services at WRALC 2,400 

15400 Engine Health Management Data Repository Center ............... 2,550 

15700 Defense Information System Network Costs ............................. ¥20,000 

15950 Air Force Manufacturing and Technical Assistance Production 

Program ................................................................................................. 1,200 

15950 Air Force Data Conversion (only for AFRPA BRAC support) 3,400 

15950 Baseline Adjustment for One-Time Increase ............................. ¥8,500 

16000 Demonstration Project for Contractors Employing Persons 

With Disabilities ................................................................................... 1,050 

16100 Air Force CIO Enterprise ............................................................ 1,000 

16100 Service-Wide Safety: Breathscan Alcohol Detectors .................. 1,700 

16100 Wright Patterson AFB Critical Infrastructure Data Set Development ................................................................................................... 500 

16250 Security Programs Adjustment ................................................... ¥12,200 

Undistributed: 

16630 Unobligated Balances ................................................................... ¥68,000 

16710 Administration and Service-Wide Activities .............................. ¥100,000 

16780 Military to Civilian Conversions ................................................. ¥160,000 

16808 Peace Time Training Offset ......................................................... ¥476,000 

16855 U.S. Northern Command Homeland Security Education Consortium ................................................................................................... 1,800 

16865 Audit of DoD Financial Systems ................................................. ¥40,000 

F–117 NIGHTHAWK

The conferees provide an additional $9,400,000 to maintain 52 

F–117 aircraft in fiscal year 2006. The conferees believe it is premature to retire any F–117 aircraft at this time. The F–117 provides a unique capability to the combatant commanders and remains the only tactical stealth aircraft capable of delivering certain 

types of precision munitions. 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces: 

17050 TJS—CoCom Initiative Fund ....................................................... ¥5,000 

17050 TJS—Program Growth ................................................................. ¥7,500 

17050 TJS—BA, Realignment ................................................................. ¥303,164 

17100 SOCOM—Lightweight ATV Program .......................................... 1,700 

17100 SOCOM—Technology Transfer .................................................... 1,000 

17100 SOCOM—Depot Maintenance ...................................................... ¥12,000 

17100 SOCOM—C4IAS CERP ................................................................ ¥6,400 

17100 SOCOM—BA Realignment ........................................................... ¥188,296 

17100 SOCOM—Conversion of LTATV to JP8 Powered Engines ........ 1,200 

17100 SOCOM—Factory Refurbishment of Naval Special Warfare 

Rigid Inflatable Boats ........................................................................... 1,000 

17100 SOCOM—Advanced SEAL Delivery System (ASDS) Program 

Restructure ............................................................................................ 10,100 

Budget Activity 2: Mobilization: 

17200 DLA—BA Realignment ................................................................. 39,693 

Budget Activity 3: Training and Recruiting: 

17480 DHRA—BA Realignment .............................................................. 39,726 

17600 SOCOM—BA Realignment ........................................................... 124,181 

17610 NDU—Agent-based Predictive Analysis Using Subject Matter 

Expert Generated Data Sets ................................................................ 1,700 

17610 NDU—Strategic Language Initiative .......................................... 1,000 

Budget Activity 4: Admin & Servicewide Activities: 

17750 CMP—National Guard Youth Challenge Program ..................... 13,000 

17750 CMP—Outdoor Odyssey ............................................................... 500 

17750 CMP—DoD Starbase Program ..................................................... 1,000 

17830 DLA—Procurement Technical Assistance Program ................... 7,000 

17830 DLA—Commercial Technologies for Maintenance Activities .... 10,200 

17830 DLA—BA Realignment ................................................................. ¥39,693 

17830 DLA—PartNet/NET Inventory and Subassembly ...................... 1,800 

17830 DLA—Center for Supply Chain Management ............................ 12,750 

17830 DLA—Logistics Integration Center (LOGIC) .............................. 1,000 

17830 DLA—Defense Microelectronics Activity (DMEA) ...................... 1,500 

17880 DODEA—Lewis Center for Education Research ........................ 2,550 

17880 DODEA—Jason Foundation ......................................................... 1,000 

17880 DODEA—Center for the Study and Treatment of Dyslexia 

Professional Development Program .................................................... 1,000 

17880 DODEA—Mesorah Heritage Foundation English Literature 

Curriculum Development ..................................................................... 1,000 

17880 DODEA—Mathematics and Technology Teachers Development 1,000 

17880 DODEA—IDEA International (Galena) ...................................... 4,250 

17880 DODEA—Repair and Improvement of Existing Windows and 

Doors ...................................................................................................... 1,000 

17880 DODEA—Our Military Kids, Inc ................................................. 100 

17900 DHRA—Defense Business Fellows Program .............................. ¥4,800 

17900 DHRA—BA Realignment .............................................................. ¥39,726 

17900 DHRA—DIMHRS .......................................................................... 4,200 

17900 DHRA—IMPACT JEMS (Job/Employment for Military 

Spouses) ................................................................................................. 1,000 

17900 DHRA—DLAMP Program Growth .............................................. ¥5,000 

17930 DISA—Program Growth ............................................................... ¥10,000 

18050 DSS—PSI for Industry Unjustified Growth ................................ ¥15,000 

18100 OEA—Norton AFB ........................................................................ 4,250 

18100 OEA—George AFB ........................................................................ 2,550 

18100 OEA—Rialto-Colton Basin Bio-Remediation Demonstration 

Project .................................................................................................... 1,250 

18100 OEA—Port of Philadelphia ........................................................... 1,500 

18100 OEA—Philadelphia Navy Yard .................................................... 1,000 

18100 OEA—Davids Island—Fort Slocum Remediation ....................... 5,000 

18100 OEA—McClellan AFB Sewer Remediation ................................. 2,600 

18100 OEA—Citizen Soldier Support Program ..................................... 3,000 

18100 OEA—Bayonne Military Ocean Terminal ................................... 4,000 

18100 OEA—Port of Port Arthur Drydock Transfer ............................. 1,000 


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18100 OEA—Watervliet Innovation Center ........................................... 750 

18100 OEA—Hunters Point Naval Shipyard ......................................... 4,000 

18100 OEA—JSFC Infrastructure .......................................................... 1,680 

18100 OEA—Toledo Naval Weapons Reserve Plant Environmental 

Restoration ............................................................................................ 2,450 

18100 OEA—Homestead Air Reserve Base Perimeter Improvement .. 600 

18100 OEA—Telecommunication Upgrades at Kodiak Launch Complex ......................................................................................................... 12,325 

18100 OEA—UCHSC–DCH Fitzsimmons Medical Campus ................. 1,800 

18100 OEA—Port of Anchorage Intermodal Marine Facility Project 8,500 

18100 OEA—Increase assistance to local communities ........................ 55,000 

18100 OEA—Locomotives/Rail Cars to Support Deployment of 

Stryker Brigade ..................................................................................... 16,000 

18100 OEA—Fort Wainwright Track Relocation Study ........................ 2,000 

18100 OEA—Arnold Heights Redevelopment ........................................ 1,500 

18100 OEA—Thorium/Magnesium Excavation—Blue Island ............... 1,000 

18100 OEA—Lake Ontario Ordnance Works ......................................... 100 

18125 OSD—Joint ROTC Military Leadership Project at the University of South Florida ............................................................................. 3,825 

18125 OSD—Wind Demonstration Project ............................................. 4,250 

18125 OSD—Chemical/Biological Resistant Hydration on the Move .. 1,000 

18125 OSD—Foreign Disclosure On-Line Training, Education, and 

Certification ........................................................................................... 1,000 

18125 OSD—Middle East Regional Security Issues Program .............. 1,500 

18125 OSD—National Dedicated Fiber Optic Network Program ........ 1,000 

18125 OSD—Minority Contract Enhancement Program ...................... 1,800 

18125 OSD—Service-Wide Safety: Alcohol Breath Detectors ............... 250 

18125 OSD—Virtual Reality Spray Paint Simulator System and 

Training Program at Pine Technical College ..................................... 1,000 

18125 OSD—Focus on Family at Neumann College ............................. 500 

18125 OSD—OSD Studies and Initiatives ............................................. ¥3,000 

18125 OSD—Compatible Use Buffer Program ...................................... 17,000 

18125 OSD—Capital Cost Sharing ......................................................... ¥61,300 

18125 OSD—Information Assurance Scholarships ................................ 2,100 

18125 OSD—Techlink Southeast Program ............................................ 1,000 

18125 OSD—Country Studies Series ...................................................... 500 

18125 OSD—Beyond Goldwater Nichols Project Extension ................. 1,100 

18125 OSD—SSBN Transit Protection System ..................................... 1,000 

18125 OSD—Critical Language Training: San Diego State University 1,000 

18150 SOCOM—BA Realignment ........................................................... 64,115 

18200 TJS—Management Headquarters Program Growth .................. ¥7,500 

18200 TJS—BA Realignment .................................................................. 303,164 

18225 WHS—eGov Program Growth ...................................................... ¥8,000 

18225 WHS—Child Care Center planning: Budget Justification 

Error ...................................................................................................... ¥4,400 

18225 WHS—Pentagon Integrated Campus Pilot Program ................. 2,500 

19010—Impact Aid ................................................................................... 30,000 

19015—Impact Aid For Children With Disabilities .............................. 5,000 

19020—Other Programs .......................................................................... ¥71,583 

19045—Excess Unobligated Balances ..................................................... ¥35,000 

19080—Special Assistance to Local Education Agencies ...................... 7,000 

19085—Parents as Teachers ................................................................... 1,000 

19100—Public Interest Declassification Board ...................................... 1,000 

SERVICE-WIDE SAFETY ALCOHOL BREATH DETECTORS

The conferees agree to provide $7,270,000 for service-wide alcohol breath detectors in operation and maintenance accounts. In addition to the guidance provided in House Report 109–19, the conferees direct that these detectors be FDA-cleared, be housed in unbreakable pocketsize containers, and be capable of carrying a Service’s safety program imprint. 


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NATIONAL GUARD YOUTH CHALLENGE PROGRAM

The conferees provide an additional $13,000,000 for the National Guard Youth Challenge Program, which includes $1,700,000 

only for preparation of facilities at Joint Forces Training Base Los 

Alamitos to expand the California National Guard Grizzly Program. 

UNIQUE ITEM IDENTIFICATION

The conferees are encouraged by the promise of the Unique 

Item Identification (UID) program at the Department of Defense to 

make acquisition, repair, and deployment of items faster and more 

efficient through unique identification technologies. The conferees 

direct the Under Secretary of Defense for Acquisition, Technology 

& Logistics to provide a report to the Appropriations Committees 

no later than October 1, 2006 on the benefits and progress of UID 

efforts within DOD. The report should include goals for enhanced 

operations capabilities, support for the warfighter, and improved financial controls. 

DEFENSE PRISONER OF WAR/MISSING PERSONNEL OFFICE

The conferees are aware that the Defense Prisoner of War/ 

Missing Personnel Office (DPMO) provides information and communication to families, veteran’s organizations and the public on 

issues pertaining to personnel recovery and accounting for Americans from past conflicts. The conferees encourage this office to continue its outreach efforts, annual conferences, and meetings 

with the POW/Missing Personnel families to ensure those family 

members have updated information concerning the status of the recovery of their loved ones. 


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ADJUSTMENT TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces: 

19530 Division Forces/Entended Cold Weather Clothing System 

(ECWCS) ................................................................................................ 1,400 

19530 Division Forces/Cost Adjustment for Flying Hours ................... ¥1,900 

19680 Base Support/Unfunded Requirement ........................................ 10,000 

19680 Base Support/Strengthening the Quality of Life for Military 

Families ................................................................................................. 500 

Undistributed: 

20220 Unobligated Balances ................................................................... ¥17,800 

20225 Cost Avoidance for Mobilized MilTechs ...................................... ¥10,000 

20230 Army Reserve IT Consolidation .................................................. 400 

20231 Tactical Operational Centers (ELAMS/MECCS) ....................... 3,400 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars} 

Budget Activity 1: Operating Forces: 

21200 Aircraft Depot Maintenance/Unfunded Requirement ................ 4,300 

21800 Combat Support Forces/Gulf Joint Harbor Operations Center 

(JHOC)—Maritime Domain Awareness Support Program ................ 2,100 

22030 Facilities Sustainment, Restoration and Modernization/Undistributed Increase ................................................................................... 5,000 

Undistributed: 

22680 Unobligated Balances ................................................................... ¥12,300 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces: 

23450 Operating Forces/Initial Issue ..................................................... 5,000 

23450 Operating Forces/Lightweight Maintenance Enclosure (LME) 1,000 

23450 Operating Forces/Portable Tent Lighting ................................... 1,000 

Budget Activity 4: Administration and Servicewide Activities: 

23850 Special Support/Audit of DoD Financial Systems ..................... ¥2,300 

Undistributed: 

24150 Unobligated Balances ................................................................... ¥1,900 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces: 

24970 Depot Maintenance/Unfunded Requirement .............................. 7,000 

24980 Facilities Sustainment, Restoration & Modernization/Adjustment to fund sustainment at DoD goal ............................................... ¥5,400 

Undistributed: 

25655 932nd Airlift Wing Operations and Training ............................. 16,000 

25670 Cost Avoidance for Mobilized MilTechs ...................................... ¥5,000 

25680 Unobligated Balances ................................................................... ¥15,000 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces: 

26180 Division/Baseline Adjustments for One-Time Increase ............. ¥5,100 

26240 Echelon Above Corps Forces/Baseline Adjustment for OneTime Increase ........................................................................................ ¥1,500 

26260 Land Forces Operations Support/Baseline Adjustment for 

One-Time Increase ................................................................................ ¥4,300 

26320 Force Readiness Operations Support/BLSS Kit-PASGT Retrofit Suspension System ....................................................................... 1,300 

26320 Force Readiness Operations Support/Extended Cold Weather 

Clothing System (ECWCS) ................................................................... 1,400 

26320 Force Readiness Operations Support/Joint Interagency Training Center-East ..................................................................................... 8,500 

26320 Force Readiness Operations Support/Operator Driving Simulators .................................................................................................... 1,500 

26340 Land Forces Systems Readiness/Information Technology Continuity of Operations ............................................................................ 6,100 

26340 Land Force Systems Readiness/Regional Geospatial Service 

Center .................................................................................................... 2,100 

26420 Base Operations Support/Unfunded Requirement .................... 14,000 

26420 Base Operations Support/Hawaii Wireless Interoperability 

Network (HWIN) ................................................................................... 500 

26420 Base Operations Support/Communicator Automated Emergency Notification System .................................................................... 1,800 

26420 Base Operations Support/Baseline Adjustment for One-Time 

Increase ................................................................................................. ¥8,900 

26440 Facilities Sustainment, Restoration and Modernization/Facility Needs at National Guard Training Center, Fort Stewart ........... 5,000 

26480 Miscellaneous Activities/Baseline Adjustment for One-Time 

Increase ................................................................................................. ¥18,300 

26480 Miscellaneous Activities/Lewis & Clark Bicentennial Commemoration Support ............................................................................. 1,800 

Budget Activity 4: Administration and Servicewide Activities: 

26660 Staff Management/Baseline Adjustment for One-Time Increase ..................................................................................................... ¥6,800 

26680 Information Management/Integrated Command, Control, 

Communication Unit ............................................................................ 1,000 

26680 Information Management/Baseline Adjustment for One-Time 

Increase ................................................................................................. ¥4,000 

Undistributed: 

26820 Angel Gate Academy .................................................................... 1,800 

26830 National Emergency and Disaster Information Center ............ 1,700 

26890 Joint Training and Experimentation Program .......................... 3,400 

26970 National Guard Global Education Project .................................. 500 

27110 Homeland Operational Planning System ................................... 8,500 

27345 Unobligated Balances ................................................................... ¥40,000 

27350 Enterprise Resource Planning for Army Guard Installations 

and Deployment Support ..................................................................... 1,700 

27381 Community Emergency Response/Info Analysis Center ........... 1,000 

27383 Strategic Biodefense Initiative .................................................... 8,500 

27384 Advanced Starting Systems ......................................................... 500 

27390 Internal Airlift, Helicopter Slingable Units (ISU) ..................... 2,800 

27391 Advanced Solar Covers ................................................................ 1,600 

27392 Civil Support Team Training (CSTT) Program ......................... 1,000 

27393 RCAS ............................................................................................. 4,300 

27394 Florida NG Operations Family Safe at Home ............................ 1,800 

27396 Cost Avoidance for Mobilized MilTechs ...................................... ¥20,000 

27398 Distributed Training Technology Project ................................... 1,500 

27399 Regional Emergency Response Network for the Florida National Guard .......................................................................................... 4,690 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces: 

27650 Aircraft Operations/Training Capability Upgrade ..................... 315 

27650 Aircraft Operations/Air Refueling Operational Support ........... 3,400 

27650 Aircraft Operations/166th Information Operations Squadron .. 1,000 

27650 Aircraft Operations/Combat Arms Training System ................. 4,000 

27650 Aircraft Operations/Baseline Adjustment for One-Time Increase ..................................................................................................... ¥2,200 

27700 Mission Support Operations/National Guard State Partnership Program ......................................................................................... 2,200 

27700 Mission Support Operations/Baseline Adjustment for OneTime Increase ........................................................................................ ¥9,100 

27700 Mission Support Operations/EST 2000 Trainers ....................... 1,800 

27700 Mission Support Operations/MA–16 Aircraft Inertia Reels ...... 1,000 

27700 Mission Support Operations/Survey Systems ............................ 1,000 

27700 Mission Support Operations/Life Support Radio Test Sets ...... 1,400 

27720 Facilities Sustainment, Restoration and Modernization/Undistributed Increase ................................................................................... 10,000 

27750 Base Support/Baseline Adjustment for One-Time Increase ...... ¥7,500 

Undistributed: 

28115 Cost Avoidance for Mobilized MilTechs ...................................... ¥8,000 

28320 Unobligated Balances ................................................................... ¥22,100 

OVERSEAS CONTINGENCY OPERATIONS TRANSFER ACCOUNT

The conference agreement provides no appropriation for the 

Overseas Contingency Operations Transfer Account, instead of 

$20,000,000 as proposed by the House. The Senate proposed no 

funding for this account. 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

The conference agreement provides $11,236,000 for the United 

States Court of Appeals for the Armed Forces. 

ENVIRONMENTAL RESTORATION, ARMY

The conference agreement provides $407,865,000 for Environmental Restoration, Army. 

ENVIRONMENTAL RESTORATION, NAVY

The conference agreement provides $305,275,000 for Environmental Restoration, Navy. 

ENVIRONMENTAL RESTORATION, AIR FORCE

The conference agreement provides $406,461,000 for Environmental Restoration, Air Force. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

The conference agreement provides $28,167,000 for Environmental Restoration, Defense-Wide. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

The conference agreement provides $256,921,000 for Environmental Restoration, Formerly Used Defense Sites, instead of 


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$221,921,000 as proposed by the House and $271,921,000 as proposed by the Senate. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIL AID

The conference agreement provides $61,546,000 for Overseas 

Humanitarian, Disaster, and Civic Aid. 

FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

The conference agreement provides $415,549,000 for the 

Former Soviet Union Threat Reduction Account. 


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REPROGRAMMING REPORTING REQUIREMENTS

The conferees share the concerns raised in the report accompanying the House version of the fiscal year 2006 Defense Appropriations bill regarding the need to improve the reporting of 

reprogrammings by the Department of Defense. In the Statement 

of the Managers accompanying the fiscal year 2005 Defense Appropriations Act, the Department of Defense was directed to evaluate 

current procedures governing the Department’s financial practices. 

In response, the Department issued a report proposing several reporting improvements. The conferees direct the Under Secretary of 

the Department of Defense, Comptroller, to begin implementing all 

three of the proposals identified in the report under the heading of 

‘‘Improved Reporting’’. The conferees further direct that the quarterly, spreadsheet based DD 1416 reports proposed in the Department’s recommendations shall be submitted for service and defense-wide accounts in titles III and IV of this Act and shall also 

include the reason for which funds are available for reprogramming, the account to which the funds have been reprogrammed, 

and the requirement for the funds to be reprogrammed. 

SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as shown 

in the project level tables or in paragraphs using the phrase ‘‘only 

for’’ or ‘‘only to’’ in this report are congressional interest items for 

the purpose of the Base for Reprogramming (DD 1414). Each of 

these items must be carried on the DD Form 1414 at the stated 

amount, or a revised amount if changed during conference or otherwise specifically addressed in the conference report. These items remain special interest items whether or not they are repeated in a 

subsequent conference report. 

REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

The conferees direct the Department of Defense to continue to 

follow the reprogramming guidance specified in the Statement of 

Managers on the fiscal year 2005 Department of Defense Appropriations Act (House Report 108–622). Specifically, the dollar 

threshold for reprogramming procurement funds will remain at 

$20,000,000, and at $10,000,000 for research, development, test 

and evaluation. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20% of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative. Therefore, if the combined value of transfers 

into or out of a procurement (P–1) or research, development, test 

and evaluation (R–1) line exceeds the identified threshold, the Department of Defense must submit a prior approval reprogramming 

to the congressional defense committees. In addition, guidelines on 

the application of prior approval reprogramming procedures for 

congressional special interest items are established elsewhere in 

this statement. 


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C–130J/KC–130J 

The conferees agree to provide $690,000,000 for the procurement of eight C–130J aircraft and $384,200,000 for the procurement of five KC–130J aircraft. The conferees are aware that the 

current FAR Part 12 multiyear contract for these aircraft is being 

changed to a more traditional FAR Part 15 contract structure. The 

conferees expect that all 13 aircraft will be procured under a 

multiyear contract arrangement that will maximize savings to the 

taxpayer. 


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GUIDED MULTIPLE LAUNCH ROCKET SYSTEM (GMLRS) UNITARY

The conferees are aware of the recent successful deployment of 

the GMLRS Unitary Rocket in support of Operation Iraqi Freedom. 

In the missions in which it has been deployed, GMLRS Unitary has 

demonstrated both very high accuracy and low collateral damage. 

Accordingly, the conferees urge the Army to maximize the procurement of GMLRS Unitary Rockets from the $124,814,000 provided 

in the conference agreement. The conferees further direct that this 

amount is a congressional special interest item for the base for reprogramming as described elsewhere in this statement. 


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OBJECTIVE INDIVIDUAL COMBAT WEAPON (OICW) INCREMENT I 

The conferees understand that following a review by the Department of Defense Inspector General (IG) which identified several management issues with the OICW program, the Army has 

terminated the OICW I request for proposals. However, recognizing 

the important capabilities that OICW brings to the war fighter, the 

conferees direct the Army to resolve the management concerns 

identified in the IG report and obtain joint validation of the OICW 

Increment I family of weapons requirements through the Joint Requirements Oversight Council. The conferees strongly encourage 

the Program Manager to subsequently conduct source selection and 

award a contract in fiscal year 2006. 

The conferees direct the Program Manager to provide the congressional defense committees a written report detailing the program’s updated requirements, acquisition strategy—to include the 

Army’s strategy for replacing existing weapons—and detailed 

schedule no later than thirty days after enactment of this Act. Furthermore, the conferees direct the Program Manager to provide 

quarterly updates on the program’s status to the congressional defense committees. 


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LIFE CYCLE MANAGEMENT COMMANDS (LCMC) 

The conferees support the goal of the Army’s LCMC pilot program to establish integrated business enterprises to better support 

the warfighter. Currently, there is a geographically separated but 

strategically important life cycle management plan for ammunition 

management. Given that the Secretary of Defense has recommended, and the Base Realignment and Closure Commission 

has endorsed, that Picatinny Arsenal become the home for a joint 

integrated weapons and armaments specialty site for guns and ammunition, the conferees believe the Army must evaluate how this 

organization should be structured. 

The conferees understand that the Army will submit a report 

to the Office of the Secretary of Defense (OSD) detailing its implementation of LCMC programs by December 2005. Accordingly, the 

conferees direct the Secretary of Defense to submit a report to the 

House and Senate Committees on Appropriations providing its assessment of the value of the LCMC construct by February 1, 2006. 

In addition, by the same date, the Secretary of the Army shall provide a report to the House and Senate Committees on Appropriations that provides a summary of the Army’s LCMC review, and 

that rationalizes the relationship between each component of the 

life cycle management of ammunition. 


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LIVE FIRE TRAINER SHOOT HOUSE DEPLOYMENT

The conferees believe that America’s Army Live Fire Trainer, 

using ‘‘America’s Army’’ software and thermal image ballistic tracking and weapon middleware will improve training of soldiers, sailors, and marines in critical urban combat skills. Of note, current 

U.S. Army live fire urban combat shoot houses will be upgraded to 

replace paper targets with fully engageable virtual targets, representing enemy, friendly, and non-combatant personnel. As a result, this platform has a tremendous capability to improve marksmanship, adaptive thinking, and critical combat related tasks in a 

live-fire environment. 

BATTLEFIELD OPERATING SYSTEMS

The conferees direct the Secretary of the Army to provide a report to the congressional defense committees, no later than February 15, 2006, detailing the Army’s plan to close the informationsharing gap across Battlefield Operating Systems and provide increased information awareness from multiple domains to the commands and forces engaged in Operation Iraqi Freedom. The conferees also direct that this report provide information regarding the 

return on investment of expanding or redirecting resources to the 

operation and expansion of net-centric information-sharing applications such as Federated Search, Alerts, and FusionNet, delivered 

by the Horizontal Fusion program. Finally, the conferees direct 

that this report provide information about the architecture and development of net-centric services that will improve battle command 

in Operation Iraqi Freedom. 


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MH–60R HELICOPTER PROGRAM

The conference agreement provides $438,821,000 for the MH–

60R helicopter program. The conferees note that, as the MH–60R 

moves into full rate production, the Navy would be able to realize 

long term cost savings through a multiyear procurement of this aircraft, as is being accomplished with other Navy aircraft, including 

the MH–60S. The conferees urge the Department of the Navy to 

examine the business case for a multiyear procurement of the MH–

60R helicopter and, if warranted by the analysis, to implement a 

multiyear procurement as soon as possible to maximize program 

savings. 


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JOINT DIRECT ATTACK MUNITION LASER CAPABILITY

The conferees understand that combatant commanders in OEF/ 

OIF have requested the addition of a laser capability to existing 

Joint Direct Attack Munition (JDAM) weapon kits. This change 

could provide improved JDAM operational flexibility and time-sensitive target capability. Therefore, the conferees agree with Senate 

language encouraging the Department to consider laser JDAM testing to provide these increased capabilities to the warfighter. 


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COST GROWTH RESOLUTION PLAN

The conferees are concerned over the unanticipated cost 

growth on existing Navy shipbuilding contracts, and agree that the 

plan directed by the House on this subject is to include details on 

the cost growth for all existing shipbuilding and conversion efforts. 

The plan is to be submitted to the congressional defense committees not later than February 1, 2006, and shall make recommendations on mechanisms to resolve the cost growth, including the option of converting the remaining work to fixed-price contracts. 

LHA(R) FUNDING

The conferees do not agree with House direction urging the 

Navy to reconsider split funding for the LHA(R) Program. The conferees agree to consider either split funding or full funding if proposed by the Administration. 

LITTORAL COMBAT SHIP REPORT

The conferees agree to the report on Littoral Combat Ship 

(LCS) mission modules proposed by the House, and specify that 

such report should include cost estimates for these modules by fiscal year. 


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SSBN TRANSIT PROTECTION SYSTEM

The conference agreement provides $70,700,000 in new budget 

authority for the SSBN Transit Protection System. The following 

table summarizes conference actions on this program: 

Appropriation Budget 

line 

Conference agree- ment 

Other Procurement, Navy (rescission of fiscal year 2005 funds) .............................................. 13 ¥$43,000,000 

Other Procurement, Navy ............................................................................................................. 24 45,300,000 

Weapons Procurement, Navy ....................................................................................................... 30 5,200,000 

Operation and Maintenance, Navy .............................................................................................. N/A 19,200,000 

Operation and Maintenance, Defense-Wide ................................................................................ N/A 1,000,000 

Total, new budget authority ............................................................................................... 70,700,000 

The conference agreement provides $70,700,000 for the Navy’s 

restructured SSBN Transit Protection Program, including 

$45,300,000 in Other Procurement, Navy for the procurement of 

two 87-foot escort cutters and 11 medium escort vessels, and 

$5,200,000 in Weapons Procurement, Navy for weapons for larger 

screening vessels. In addition, the conferees provide $19,200,000 in 

Operation and Maintenance, Navy for the lease of not less than 

two large screening vessels during fiscal year 2006. The conferees 

would not oppose efforts by the Navy to provide additional resources to the program during fiscal year 2006 from existing Navy 

funds. However, while the conferees share the Navy’s force protection concerns and provide significant funds for these efforts 

throughout this Act, the conferees are concerned about aspects of 

this approach created by the Navy’s revised concept of operations. 

Given programmatic changes over the past year, the conferees believe it would be important to have an independent review of the 

current concept of operations. Therefore, the conferees direct the 

Office of Program Analysis and Evaluation to oversee a study that 

analyzes the Navy’s concept of operations and explores alternatives to the current design, and includes $1,000,000 in Operation and 

Maintenance, Defense-Wide for that purpose. The Office of Program Analysis and Evaluation is directed to present the results of 

its analysis to the congressional defense committees within 180 

days of enactment of this Act. 

Senate direction to withhold the obligation of funds (Senate 

Report No. 109–141) pending submission of a report on this program was satisfied when such report was submitted on October 12, 

2005. 


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FUTURE YEARS PROCUREMENT STRATEGY FOR THE F/A–22 RAPTOR

The conferees direct the Secretary of Defense to report to the 

congressional defense committees, by March 30, 2006, on alternatives for the continued acquisition of the F/A–22. The report 

should consider, but not be limited to, the following: analyses of the 

advantages of a multiyear procurement program, of extending the 

F/A–22 procurement profile, and of the effects of F/A–22 procurement on the Joint Strike Fighter production line. 

F/A–22 TITANIUM REQUIREMENTS

The conferees are aware of the potential impact that industry 

trends in the titanium market could have on the production 

timelines for the Lot 8 F/A–22 aircraft. The conferees are sensitive 

to this issue and encourage the Department of Defense to propose 

a comprehensive solution to the congressional defense committees 

not later than 90 days after enactment of this Act. 

PREDATOR B 

The conferees direct the Secretary of the Air Force, in conjunction with the Joint Staff, to provide the congressional defense committees a detailed written report on the deployment status of the 

MQ–9 in Iraq and the weaponization plan for the aircraft by February 3, 2006. 

OPERATIONAL SUPPORT AIRCRAFT

The conferees direct that the Department of Defense maintain 

the current allocation of Operational Support Aircraft (OSA) assets 

to support Combatant Commanders and that the congressional defense committees be notified at least 30 days prior to any alteration 

of such assignments. 


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JOINT AIR-TO-SURFACE STANDOFF MISSILE

The conferees agree to provide $100,000,000 for the Joint Airto-Surface Standoff Missile (JASSM) as proposed by the Senate. Of 

the funds provided, the conferees direct the following: that not 

more than $70,000,000 shall be for the purpose of maintaining missile hardware procurement at a minimum sustainable production 

rate; that of the remaining funds, not less than $20,000,000 shall 

be for testing and reliability improvement; that an additional 4 test 

shots be added to the JASSM weapons system evaluation program 

to evaluate the reliability of Lot 1 and Lot 2 missiles in storage; 

and, that the Program Manager submit to the congressional defense committees an updated JASSM test schedule no later than 30 

days after the enactment of this Act, to include the requirements 

established in this paragraph. 

EVOLVED EXPANDABLE LAUNCH VEHICLE (EELV) 

The conferees support contracting procedures that facilitate 

competition, assure access to space, and lead to ‘‘best value’’ procurements. The conferees note that the Air Force is transitioning 

to a new EELV acquisition strategy that contractually splits launch 

services (including launch vehicles) from launch infrastructure. The 

conferees direct that launch services contracts provide an annual 

opportunity for companies to present their qualifications to meet 

objective criteria for reliability, mission assurance, oversight, and 

cost credibility, and compete based on their ability to meet these 

criteria. The conferees further direct the elimination of multi-year 

‘‘allocations’’ ‘‘pre-awards,’’ and ‘‘block buys’’ from Buy-3 and future 

EELV launch services contracts. 

Concerning space launch infrastructure, the conferees understand the business case to maintain the EELV infrastructure and 

support the Buy-3 contracting procedure to award launch capabilities (infrastructure) contracts on a bi-annual basis. 


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ADVANCED SEAL DELIVERY SYSTEM (ASDS) 

Since program inception ASDS has experienced design, construction, performance, and reliability challenges. Since November 

of this year, the conferees have been made aware of additional reliability concerns with the first ASDS. Based on these concerns, Special Operations Command has again decided to delay construction 

of the second ASDS. The conferees find this decision prudent and 

thus recommend a realignment of the resources provided in both 

the House and Senate bills for advance procurement of the second 

ASDS. The conferees recommend increasing research and development funding by $21,160,000 to conduct critical system reviews, address obsolescence and improve technologies. The conferees recommend increasing procurement funding by $8,650,000 to address 

modernization, and equipment shortfalls and operation and maintenance funding by $10,100,000 for unforeseen depot and fleet 

maintenance. The conferees continue to be frustrated by the chronic problems with the ASDS and expect both the Command and the 

Navy to dramatically increase the level of technical engineering 

and management oversight dedicated to this program. 


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NATIONAL GUARD AND RESERVE EQUIPMENT

The conferees agree that National Guard and Reserve forces 

are integral to our efforts in Iraq and Afghanistan and play a critical role in our Nation’s response to national disasters. The conferees are aware that the equipment needs of our Reserve Component forces far exceed the amounts provided in the budget request 

for those items and agree to provide a total of $4,131,653,000 for 

guard and reserve equipment. The funding provided in the conference agreement is located in the following accounts: 

$2,654,353,000 as requested in the budget throughout the procurement accounts; $265,000,000 in addition to the budget request 

throughout the procurement accounts; $32,300,000 in the operation 

and maintenance accounts; $180,000,000 in the National Guard 

and Reserve Equipment account; $100,000,000 for Army Reserve 

equipment in Title IX for contingency operations; $700,000,000 for 

the Army National Guard in Title IX; and $200,000,000 for the Air 

National Guard in Title IX. 

The House provided specific funding in many of the procurement accounts as requested in the Budget. The Senate provided 

funding in the National Guard and Reserve Equipment account. 

The conferees agree to provide the funding identified above in the 

Guard and Reserve Equipment account and in Title IX, and expect 

the Department to provide at a minimum the following amounts to 

the Guard and Reserve components in the following procurement 

accounts: 

Aircraft Procurement, Army ................................................................. $317,750,000 

Missile Procurement, Army .................................................................. $150,000,000 

Procurement of Weapons and Tracked Combat Vehicles, Army ....... $614,800,000 

Procurement of Ammunition, Army ..................................................... $119,000,000 

Other Procurement, Army .................................................................... $841,100,000 

Aircraft Procurement, Navy .................................................................. $57,779,000 

Procurement of Ammunition, Navy and Marine Corps ...................... $19,562,000 

Other Procurement, Navy ..................................................................... $45,212,000 

Aircraft Procurement, Air Force ........................................................... $466,300,000 

Procurement of Ammunition, Air Force ............................................... $164,800,000 

Other Procurement, Air Force .............................................................. $160,050,000 

ITEMS OF SPECIAL INTEREST

The conferees agree that the National Guard and Reserve 

equipment program shall be executed by the heads of the Guard 

and Reserve components with priority consideration for miscellaneous equipment appropriations given to the following items: Radio 

Test Sets, F–15 Enhanced GPS/INS—Air National Guard, Heavy 

Expanded Mobility Tactical Trucks (HEMTT), M777A1 Lw 155mm 

Howitzers, Heli-Basket Module Technology, Helicopter Maintenance Work Platform Systems, High Mobility Multi-Purpose 

Wheeled Vehicles (HMMWVs), Joint Helmet Mounted Cueing Systems, M4K Forklifts, CMHS Medical Readiness Systems, MW24C 

Loaders, Night Vision Devices, MK6 Assisted Take-Off replacement, SINCGARS, LAIRCM, V–3 AESA Radar, Small Arms, 

Apache Helicopter Bladefold Kits, F–16 Full Mission Training Simulators, Light Medium Tactical Vehicle (LMTV), Medium Tactical 

Vehicle (MTV), PLS Trailers, LITENING Targeting Pods, Aviation 

Maintenance Fall Protection Platforms, Autonomous Air Combat 

Evaluation System (ACE), Advanced Targeting Pods for A–10s, 


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IMD–HUMS, Service Life Extension Program for Aviation Equipment, Joint CONUS Communications Support Environment, Forward Osmosis Water Filtration Program, APG–68V(10) Radar, 

DFIRST, Combo PAK, Crashworthy External Fuel Systems (CEFs), 

F–16 Falcon BRU–57 Smart Rack for the Air National Guard, Joint 

Threat Emitters, AB–FIST, Up-Armored HMMWVs, Tactical Truck 

Crew Trainers, and Laser Marksmanship Training Systems. 

DEFENSE PRODUCTION ACT PURCHASES

The conferees agree to provide a total of $58,248,000 for the 

Defense Production Act Purchases appropriation instead of 

$28,573,000 as proposed by the House and $68,573,000 as proposed 

by the Senate. 

The conference agreement on items addressed by either the 

House or the Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Project House Senate Conference 

Amplifying fluorescent polymer based lED detection devices ............................... $2,000 .................... $1,200 

Flexible aerogel material supplier initiative ........................................................... 2,000 $5,000 2,500 

ALON and spinel optical ceramics ......................................................................... 3,000 .................... 1,500 

Thermal battery industrial base infrastructure ...................................................... 3,000 .................... 2,550 

Hydrogen ion implantation equipment ................................................................... .................... 4,000 2,800 

Ceramic armor manufacturing to protect armed forces ....................................... .................... 5,000 3,500 

Advanced metal composite process ....................................................................... .................... 8,000 6,800 

Miniature compressor development ........................................................................ .................... 5,000 2,500 

POSS nanotechnology engineering scale-up initiative ........................................... .................... 7,500 6,375 

Reactive plastic CO2 absorbent production capacity ............................................ .................... 7,500 3,750 

Read out integrated circuit manufacturing improvement ..................................... .................... 4,000 2,400 

High performance coatings production initiative ................................................... 3,868 3,868 3,868 

Beryllium supply industrial base ............................................................................ 6,000 9,000 7,800 

High performance batteries and fuel cells production initiative .......................... 5,800 6,800 6,800 

Boron fiber production initiative ............................................................................ .................... .................... 1,000 

Next generation radiation hardened microprocessors ............................................ 2,905 2,905 2,905 

Total ............................................................................................................... 28,573 68,573 58,248 

AMPLIFYING FLUORESCENT POLYMER-BASED IED DETECTION

DEVICES

The conferees have been advised that a fluorescent polymerbased technology for lED detection has shown great promise in Iraq 

and has had some very significant independent test results demonstrating that it can be beneficial in the war on terror. Therefore, 

the conferees direct the Technical Support Working Group to review these tests and the technology to determine its applicability 

to the mission of defeating IEDs. The Technical Support Working 

Group is to report back to the congressional defense committees 

within 60 days of enactment of this Act regarding the technical feasibility of the technology and its status in the acquisition process. 


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SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as shown 

in the project level tables or in paragraphs using the phrase ‘‘only 

for’’ or ‘‘only to’’ in this report are congressional interest items for 

the purpose of the Base for Reprogramming (DD 1414). Each of 

these items must be carried on the DD Form 1414 at the stated 

amount, or a revised amount if changed during conference or otherwise specifically addressed in the conference report. These items remain special interest items whether or not they are repeated in a 

subsequent conference report. 

REPROGRAMMING GUIDANCE FOR RESEARCH, DEVELOPMENT, TEST

AND EVALUATION ACCOUNTS

The conferees direct the Department of Defense to continue to 

follow the reprogramming guidance specified in the Statement of 

the Managers on the fiscal year 2005 Department of Defense Appropriations Act (House Report 108–622). Specifically, the dollar 

threshold for reprogramming procurement funds will remain at 

$20,000,000, and at $10,000,000 for research, development, test 

and evaluation. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20% of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative. Therefore, if the combined value of transfers 

into or out of a procurement (P–1) or research, development, test 

and evaluation (R–1) line exceeds the identified threshold, the Department of Defense must submit a prior approval reprogramming 

to the congressional defense committees. In addition, guidelines on 

the application of prior approval reprogramming procedures for 

congressional special interest items are established elsewhere in 

this statement. 

JOINT TACTICAL RADIO SYSTEM (JTRS) 

The conferees direct the Secretary of Defense to submit a report to the congressional defense committees not later than January 30, 2006, on the status of JTRS. The report shall include the 

following elements: mitigation plans of the Military Services to 

compensate for the restructuring of the JTRS program including a 

detailed description of the legacy or other radios required as well 

as detailed estimates of the cost of these plans; an explanation of 

Army plans to meet Future Combat System requirements associated with all developmental spirals as a result of the JTRS program revisions, to include a detailed description of the compatibility between legacy radios and the Army’s Warfighter Information Network-Tactical (WIN–T) as well as the compatibility between JTRS and WIN–T; and a summary of DoD acquisition decisions including the results of the Defense Acquisition Board (DAB) 

meetings held in August and November 2005 to rebaseline this program. In addition, the conferees direct the Government Accountability Office (GAO) to continue its ongoing review of the JTRS program to include a review of technical, management, cost and schedule issues associated with the program. 


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In addition, the conferees urge the Department to formally establish the Joint Program Executive Office (JPEO) organization for 

JTRS, specify its authorities, and resource it appropriately to accomplish its mission. The conferees also urge the Department to establish associated operation and maintenance funding to establish 

and provide for the operating expenses of this organization. Finally, 

the conferees direct the Secretary of Defense to provide a report on 

the organization, authorities, and plan to resource the JPEO within 

90 days of enactment of this Act. 

The table below summarizes reductions to the JTRS program 

included in the conference agreement: 

[$thousands] 

Fiscal Year 2006 Reductions: 

Aircraft Procurement, Army .................................................................... ¥12,300 

Procurement, Marine Corps .................................................................... ¥7,000 

Aircraft Procurement, Air Force ............................................................. ¥25,000 

Research, Development, Test and Evaluation, Army ............................ ¥94,600 

Research, Development, Test and Evaluation, Navy ............................

(including Marine Corps programs) ....................................... ¥84,900 

Research, Development, Test and Evaluation, Air Force ..................... ¥41,900 

Total ................................................................................................... ¥265,700 

Rescissions: 

Other Procurement, Army FY 05/07 ............................................. ¥68,637 

Total ................................................................................................... ¥68,637 

Grand Total ...................................................................................................... ¥334,337 


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JOINT COMMON MISSILE (JCM) 

The conferees support continuation of this program noting that 

this is the first program to have successfully completed the requirements determination process implemented in the Joint Capabilities 

Integration and Development System (JCIDS). The conferees recommend that the Department of Defense reevaluate the decision to 

terminate this program and, accordingly, provide $30,000,000 

above the budget request to continue development of the JCM. Of 

this amount, $26,000,000 is provided in Research, Development, 

Test and Evaluation, Army, and $4,000,000 is provided in Research, Development, Test and Evaluation, Navy. In addition, the 

conferees direct the Secretary of Defense to submit a report to the 

congressional defense committees no later than January 30, 2006, 

that explains how the Department of Defense will mitigate the capability gaps identified in the JCIDS analysis and provides a cost 

comparison analysis of continuing the JCM program versus JCM 

termination and continued procurement of legacy air-to-ground 

missiles to fulfill mission requirements. 

FUTURE COMBAT SYSTEM (FCS) 

The Statement of the Managers accompanying the Department 

of Defense Appropriations Act for fiscal year 2005 (House Report 

108–622) established a structure for budget preparation and execution for FCS which included broadly defined projects within the Armored Systems Modernization program element. In addition, the 

statement directed the Army to establish separate program elements for the Non Line of Sight Launch System (NLOS–LS) and 

the Non Line of Sight Cannon (NLOS–C). The conferees believe 

that this remains a reasonable structure, and direct the Army to 

continue to use this as the basis for executing appropriations provided by the Congress, and as the basis for preparing the fiscal 

year 2007 and subsequent budget submissions. This funding structure includes the following components: 

Program Element 0604645A Armored Systems Modernization to include the following projects: 

F52—FCS Reconnaissance Platforms & Sensors 

F53—FCS Unmanned Ground Vehicles 

F54—Unattended Sensors 

F55—Sustainment 

F57—F57 Manned Ground Vehicles 

F61—System of Systems Engineering and Program Management 

Program Element 0604646A Non Line of Sight Launch System 

(NLOS–LS) 

Program Element 0604647A Non Line of Sight Cannon (NLOS–C) 

The conferees direct the Secretary of the Army to report to the 

congressional defense committees within 30 days of enactment of 

this Act on the plan to distribute the $2,785,829,000 provided by 

the conference agreement for the Armored Systems Modernization 

program element (PE 0604645A) to each of the projects listed 

above. The conferees designate these projects as congressional special interest items for the purpose of prior approval 


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reprogrammings as discussed elsewhere in this report. The NLOS–

LS and NLOS–C program elements are subject to normal prior approval reprogramming procedures as described elsewhere in this 

report. In addition, the conferees direct the Army to provide a report to the congressional defense committees not later than January 15, 2006, which provides a detailed list and description of the 

systems and technologies to be included in each of the FCS developmental spirals. 

NON-LINE-OF-SIGHT CANNON (NLOS–C) 

The conferees note that the Army provided the congressional 

defense committees with a report on September 28, 2005, pursuant 

to language included in the report accompanying the House-passed 

version of the fiscal year 2006 Department of Defense Appropriations Act. The conferees find the report encouraging because it indicates that the Army plans to produce a self-propelled Future 

Combat System non-line-of-sight cannon indirect fire capability to 

equip the future force as required by section 216 of the National 

Defense Authorization Act for fiscal year 2003, and section 8121 of 

the Department of Defense Appropriations Act for fiscal year 2003. 

The conferees note that each annual Department of Defense Appropriations Act since 2003 has included similar language. The conferees are further encouraged by the Army’s plan to produce a 

quantity of eight pre-production prototypes, and to begin fielding 

these guns starting in 2008. Accordingly, the conference agreement 

provides $148,387,000, an increase of $40,800,000 above the budget 

request, to enable the Army to continue this effort. 

MULTI-SENSOR ARCHITECTURE

The conferees agree to recommend additional funding for obtaining, evaluating, and integrating new sensors into the Cerberus 

architecture. These would include fiber optic perimeter sensors, 

medium range millimeter wave radars, and low cost thermal imaging surveillance sensors. Evaluation and integration of these sensors are to be managed by the Army Night Vision Electronic Sensor 

Division. 

FLEXIBLE ELECTRONICS RESEARCH INITIATIVE FOR ARMY SOLDIERS

(FERIAS) 

The conferees recognize the importance of developing new materials for flexible electronics technologies that will have broad impact for multiple military applications. The combination of these 

new materials and technologies will lead to soldiers receiving information in real time on maps and displays, improving both military 

communications and soldier safety. The resiliency of these devices 

could also increase the lifetime and reliability of current display 

applications in harsh environments, including the battlefield. 

The conferees direct the Army Research Laboratory (ARL) to 

continue to aggressively pursue and take all necessary steps to develop new technologies that will enable flexible electronics to become an integral part of the Army’s transformation. The conferees 

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ble display technology to fully develop the Flexible Electronics Research Initiative for Army Soldiers (FERIAS). 

APPLIED AND CLINICAL PROSTHETIC RESEARCH

The conferees support the Army’s effort to sustain a collaborative applied and clinical prosthetic research activity at the Walter Reed Army Medical Center Amputee Care Center, and provide 

$5,500,000 to further develop this program to advance prosthetic 

technological achievement through applied and clinical research activities. Included in this amount is funding for continuation of the 

effort to improve and harden microprocessor knee componentry. 

PREVENTIVE MEDICINE

The conferees remain concerned about rising personnel costs, 

especially health care costs, as a percent of the total Department 

budget. Eliminating or reducing health care services to our military 

members, retirees, and their families, however, is not a viable alternative to reigning in future increases in health care costs. As 

such, the conferees applaud the preventive medicine programs 

being undertaken by the tri-service community, and see these programs as vital to controlling the rising costs of treating diseases, 

including cardiovascular diseases, cancer, and diabetes. The conferees encourage the continuation and future development of programs that stress early detection and individual lifestyle changes 

to promote a healthier military community. 

CHIROPRACTIC CARE

The conferees note military personnel receive chiropractic 

health care benefits. Further, chiropractic medicine is an established and sought after form of treatment in military medical facilities. The conferees, therefore, encourage the Army to evaluate establishing a research facility that supports chiropractic medicine 

for military applications. 


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ADVANCED SUBMARINE SYSTEM DEVELOPMENT

The conference agreement includes a program reduction of 

$20,000,000 as proposed by the Senate. In fiscal year 2006 budget 

deliberations, the Department of Defense added $600,000,000 over 

the future years defense plan (FYDP) for development of an advanced undersea superiority system. The conferees reduce this 

project by $20,000,000, and direct the Office of the Secretary of Defense, in consultation with the Department of the Navy, to submit 

a comprehensive plan describing the scope, objectives, schedules, 

and project costs for this program over the FYDP. In addition, the 

report should discuss how these additional efforts fit in with ongoing Navy and DARPA programs in both advanced submarine development and antisubmarine warfare. This plan should be submitted 

to the congressional defense committees not later than March 1, 

2006. 

JOINT TACTICAL RADIO SYSTEM—NAVY

The conference agreement includes a reduction of $80,800,000 

to the Joint Tactical Radio System (JTRS)—Navy program, instead of $50,766,000 as proposed by the House and $30,000,000 as proposed by the Senate. The conferees agree that none of this reduction should be applied against the Multifunctional Information Distribution System (MIDS) project. 

UNIVERSITY NATIONAL OCEAN LABORATORY SYSTEM FLEET

The conferees agree that, if funds are requested in fiscal year 

2007 for recapitalization of the University National Ocean Laboratory System (UNOLS) fleet of research vessels, such funds should 

be requested in the Shipbuilding and Conversion, Navy (SCN) appropriation. 

MILITARY DENTAL RESEARCH

The conferees remain deeply concerned about the provision of 

quality medical care to our injured troops as they return from conflict in Iraq and Afghanistan. Head and neck trauma account for 

almost 50 percent of these injuries and are presenting the most difficult long-term morbidity challenges, particularly for our military’s 

oral surgeons. Army and Naval researchers at the U.S. Army Dental Trauma and Research Detachment at the Great Lakes facility 

are developing innovative protective equipment and rapid-read diagnostic tests to help reduce the severity and number of casualties. 

The conferees are encouraged by this research and provide 

$3,400,000 to further the development of these and other protective 

measures. 


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SPACE RADAR

The conferees have reviewed the authorization and appropriation language of the various committees of jurisdiction for the 

Space Radar program and note that there appears to be broad congressional consensus on many key issues. First, in the absence of 

a major breakthrough, there is significant across the board concern 

regarding the ultimate cost and affordability of the Space Radar 

program. Second, there is concern about the space acquisition 

workforce and the Air Force and industry’s ability to manage expensive and complicated satellite programs such as Space Radar. 

Finally, there is broad agreement that the Air Force should place 

greater emphasis on maturing technologies, seeking out new technical breakthroughs, experimenting with existing radar assets 

(such as airborne surrogates), and developing critical ground processing capabilities instead of focusing so heavily on near term satellite system development. The conferees agree that the funds provided are only for the elements of congressional consensus described above. Further, the conferees agree with the House direction requiring submission of a spend plan prior to obligation of fiscal year 2006 funds. 

TRANSFORMATIONAL SATCOM (TSAT) 

The conferees support the Defense Department’s concept for 

global high-speed communications and recognize the value that 

TSAT-like capabilities would provide to world-wide military operations. However, the conferees are concerned about the state of 

technical maturity for the key subsystems and do not support the 

program’s aggressive schedule for acquisition. The conferees are 

also concerned that DoD may have prematurely ruled out the possibility of evolving Advanced EHF (AEHF) and the Wideband 

Gapfiller System (WGS) programs to provide TSAT-like capabilities. Therefore, the conferees agree to reduce the program by 

$400,000,000 and direct the program to focus on technology maturation for the key subsystems, particularly laser communications 

and the processor router. Transition to a formal acquisition program should be deferred until the technologies are mature and 

have been demonstrated in a relevant environment. 

Of the remaining $436,769,000, the conferees direct that no 

more than $316,769,000 may be obligated until DoD submits to the 

congressional defense committees the results of an independent review that: (1) determines whether additional AEHF or WGS satellites will be required and how many; and (2) whether it is feasible, taking into consideration cost, risk, contract requirements, 

and other factors, to insert advanced capabilities by evolving the 

AEHF or WGS programs. In the event the Department determines 

a fourth AEHF is required, $120,000,000 shall be available for advance procurement and research and development activities in support of the fourth AEHF. In the event the Defense Department determines a fourth AEHF is not required, the $120,000,000 shall be 

available to support expanded system development and maturation 

of the key TSAT technologies. 


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JOINT UNMANNED COMBAT AIR SYSTEMS (J–UCAS) 

The conferees are concerned over whether the Navy and Air 

Force share the same requirements and concept of operations for 

the J–UCAS. Given that the Department of Defense proposes to 

make substantial investments in the J–UCAS program, exceeding $5 billion for development alone, it is important to ensure from the 

outset that there is stability in the program. Given these concerns, 

the conferees have reduced the budget request by $40,090,000 and 

direct the Department of Defense to conduct an independent study 

to objectively review the J–UCAS program for both Navy and Air 

Force technical, military operations, and test and evaluation requirements, as well as options for cost savings. The conferees direct 

that the report include a schedule and budget for the J–UCAS program, to include entering system development and demonstration, 

and an evaluation of the Air Force as the Executive Agent. The 

conferees further direct that the report provide an analysis and recommendation on whether the Air Force and Navy programs are 

sufficiently different in their respective requirements and level of 

development to merit separation into service unique programs. The 

report should be provided to the congressional defense committees 

not later than May 3, 2006. 

COMBAT SEARCH AND RESCUE (CSAR–X) 

The conferees are concerned that a major development effort 

for the CSAR–X program could be cost prohibitive and would not 

yield a sufficient number of helicopters to replace the Air Force’s 

current aging fleet in a timely manner. Due to these concerns, the 

conferees expect the Air Force to select an existing aircraft that 

will require minimum research and development to field and that 

presents an overall ‘‘best value’’ to the government, giving full consideration to military utility and costs in the contract selection 

process. The conferees agree to reduce the request by $42,000,000 

due to a delay in the request for proposal and contract award date. 

The conferees further agree to restrict $66,069,000, of the available 

$71,825,000, pending the submission of a report to the congressional defense committees with detailed cost and schedule estimates for development and production. The report shall be submitted following contract award and also include estimated operation and support costs, necessary military configuration modifications, and a test and evaluation plan. 

JOINT SURVEILLANCE AND TARGET ATTACK RADAR SYSTEM

(JOINTSTARS) RE-ENGINING

The conferees have provided $12,500,000 to begin the non-recurring engineering (NRE) activities associated with re-engining 

the JointSTARS aircraft fleet and expect the Secretary of the Air 

Force to include funding for NRE activities in the FY 2007 budget 

request. The conferees note that in January 2005 the Under Secretary of Defense for Acquisition, Technology, and Logistics announced the Department’s intent to request updated quotes from 

industry on the costs to modify JointSTARS aircraft with new engines, and that the Department is currently in the process of evaluating these quotes. Upon completion of this activity, the conferees 


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direct the Secretary of the Air Force to submit to the congressional 

defense committees an evaluation of potential development and acquisition options for re-engining all or part of the JointSTARS aircraft fleet. 

REAL-TIME MEASUREMENT WEIGHT AND BALANCE SYSTEM

The conferees direct the Under Secretary of Defense, Comptroller, to transfer fiscal year 2005 Air Force Research, Development, Test and Evaluation funding for the ‘‘Real-Time Measurement Weight and Balance System’’ to Research, Development, Test 

and Evaluation, Navy, Line 182, Aviation Improvements. 


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INITIATIVE FUNDS

The conferees direct the Secretary of Defense to provide quarterly reports beginning the first fiscal quarter after the enactment 

of this Act to the congressional defense committees detailing the 

specific programs that are funded from the Quick Reaction Special 

Projects, the Counter Terrorism Technology Support Program and 

the Combating Terrorism Technology Task Force funds. The reports should include project descriptions with their respective 

schedule and funding requirement, transition plans to the services 

for further development and lessons learned from completed 

projects. The conferees further direct the Secretary to provide the 

reports to the Director of National Intelligence and the Secretary 

of Homeland Security. 

CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM

The conference agreement provides an increase of $21,000,000 

for the Chemical and Biological Defense Initiative. The Secretary 

of Defense is directed to allocate these funds among the programs 

that yield the greatest gain in our chem-bio defensive posture. The 

conferees further direct that such funds may not be obligated until 

15 days after a report, including a description of projects to be 

funded, is provided to the congressional defense committees. 

OPERATIONALLY RESPONSIVE SPACE

The conference agreement includes an increase of $39,000,000 

for Operationally Responsive Space (ORS) projects. Of this amount, 

$20,000,000 is only for standardized bus development, and 

$19,000,000 is only for operationally responsive payload development. 

ASYMMETRIC MISSILE THREAT

The conferees are increasingly concerned about the possibility 

of an asymmetric missile threat against the United States homeland where terrorists would move short-range missiles closer to the 

United States on sea-based platforms. The conferees recommend 

$10,000,000 to conduct a comprehensive analysis on the need for 

and deployment of an asymmetric missile defense capability, including both land and sea-based solutions, against the full range of 

asymmetric missile threats. Accordingly, the Director of the Defense Intelligence Agency shall provide a report to the congressional defense committees not later than March 1, 2006, which examines this threat and assesses its validity. Based on those findings, the Director of the Missile Defense Agency, in consultation 

with U.S. Northern Command and U.S. Strategic Command, shall 

provide a report to the congressional defense committees not later 

than June 1, 2006, that provides its recommendations for deployment options of an asymmetric missile defense capability that 

would protect population centers, use mature technologies, and include progressions for spiral technology upgrades that would enhance missile defense capabilities over time. 


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KINETIC ENERGY INTERCEPTOR

The conference agreement provides $215,952,000 for the Kinetic Energy Interceptor instead of $202,246,000 as proposed by 

the House and $104,952,000 as proposed by the Senate. The conferees direct the Missile Defense Agency to execute the program as 

proposed in the fiscal year 2006 President’s Budget. 

NFIRE 

The conferees encourage the Missile Defense Agency to continue development and mission integration of the deployable 

NFIRE Kill Vehicle. 

HIGH PERFORMANCE COMPUTING

The Fiscal Year 2002 Defense Appropriations Act directed the 

Secretary of Defense to submit a development and acquisition plan 

for a comprehensive, long-range, integrated, high-end computing 

program to Congress by July 1, 2002. The report, ‘‘High Performance Computing for the National Security Community’’, was submitted to Congress on April 9, 2003. The letter accompanying the 

report stated that, ‘‘Over the next 6 months, the Department will 

develop an appropriate implementation plan for high-end computing, working in close coordination with other government agencies.’’ The conferees are concerned that the Department has not developed an implementation plan as promised. Therefore, the conferees direct the Office of the Secretary of Defense to submit to 

Congress no later than 90 days after enactment of this Act a report 

outlining plans for implementing and funding the Integrated HighEnd Computing (IHEC) Program and for creating a Joint Program 

Office to oversee the program. The conferees encourage the Secretary of Defense to include and fully fund a complete IHEC program in the President’s Budget for FY 2007. 

IDENTITY AUTHENTICATION

The conferees are aware that the Department of Defense has 

a pressing need to acquire and deploy systems that authenticate 

the identities of individuals seeking access to its installations. The 

conferees believe that acquisition of such systems should be based 

on sound performance requirements and take advantage of the innovation and capabilities of the commercial marketplace. Such systems should draw on a variety of bona fide data sources (including 

those maintained by the Department) to permit access only to 

those who require it. 


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TITLE V—REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

The conferees recommend an appropriation of $1,154,940,000 

for the Defense Working Capital Funds as proposed by the Senate 

instead of $1,154,340,000 as proposed by the House. 

NATIONAL DEFENSE SEALIFT FUND

The conferees agree to provide a total of $1,089,056,000 for the 

National Defense Sealift Fund instead of $1,599,459,000 as proposed by the House and $579,954,000 as proposed by the Senate. 

The conference agreement on items addressed by either the 

House or the Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

Request House Senate Conference 

T-AKE 380,143 714,143 0 380,143 

Procure one additional ship ................................................. .................... 384,000 .................... 0 

Reduce basic construction and contract renegotiation 

costs ................................................................................. .................... ¥50,000 .................... 0 

Premature Request ............................................................... .................... .................... ¥380,143 0 

DOD Strategic Vessel Modernization 764,187 389,400 126,987 264,187 

MPS Lease Buyout ................................................................ .................... ¥374,787 ¥637,200 ¥500,00 

Sealift R&D 103,057 94,799 80,567 72,309 

MPF(F) acquisition and management overhead ................... .................... ¥7,301 .................... ¥7,301 

Sealift concept studies ......................................................... .................... ¥957 .................... ¥957 

TAOE(X) ................................................................................. .................... .................... ¥22,490 ¥22,490 

T-AKE DRY CARGO/AMMUNITION SHIP

The conferees agree to provide $380,143,000 to purchase one TAKE cargo ship, as requested by the Department of Defense. The 

House version of the bill included additional funds to purchase one 

more T-AKE ship, whereas the Senate proposed eliminating funding for this program. 

The conferees understand that approving the Department’s request will likely cause a break in the contract between the Navy 

and the shipbuilder. As such, the conferees intend to closely monitor possible contract renegotiations on this program to ensure that 

any cost increases are justified by legitimate changes in Navy requirements or other legitimate equitable adjustments. 


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REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM

Any additional funds provided by the conferees for programs 

and/or activities above the budget request are to be considered as 

congressional special interest items for the purpose of the Base for 

Reprogramming Form (DD 1414). Therefore, each of these items 

must be submitted to the Subcommittee on Military Quality of Life 

and Veterans Affairs, and Related Agencies of the Committee on 

Appropriations of the House of Representatives and the Subcommittee on Defense of the Committee on Appropriations of the 

Senate on a DD 1414 at the stated amount. 

REPROGRAMMING GUIDANCE FOR THE DIRECT (IN-HOUSE) CARE

BUDGET ACTIVITY

The conferees remain concerned regarding the transfer of 

funds from Direct (or In-house) Care to pay for contractor-provided 

medical care. To limit such transfers and continue oversight within 

the Defense Health Program operation and maintenance account, 

the conferees have included bill language which limits the funds 

available for Private Sector Care under the TRICARE program 

subject to prior approval reprogramming procedures. In addition, 

the conferees also designate the funding for the Direct Care System 

as a special interest item, as defined elsewhere in this report. Any 

transfer of funds from the Direct (or In-house) Care budget activity 

into the Private Sector Care Budget activity will require the Department of Defense to follow prior approval reprogramming procedures. The bill language and accompanying report language included by the conferees should not be interpreted by the Department as limiting the amount of funds that may be transferred to 

the direct care system from other budget activities within the Defense Health Program. 

In addition, the conferees direct the Department of Defense to 

provide budget execution data for all of the Defense Health Program accounts. Such budget execution data shall be provided quarterly through the DD–COMP(M) 1002 accounting form and delivered to the Subcommittee on Military Quality of Life and Veterans 

Affairs, and Related Agencies of the Committee on Appropriations 

of the House of Representatives and the Subcommittee on Defense 

of the Committee on Appropriations of the Senate not later than 

one week after the conclusion of the quarter. 

PRIVATE SECTOR CARE

During the fiscal year 2006 budget briefs the documentation 

presented was wrought with errors making it extremely difficult to 

follow specifics regarding the total program requirement. Therefore, the conferees direct the Department to notify the Subcommittee on Military Quality of Life and Veterans Affairs, and 

Related Agencies of the Committee on Appropriations of the House 

of Representatives and the Subcommittee on Defense of the Committee on Appropriations of the Senate on the movement of dollars 

within the private sector care budget activity group on a quarterly 

basis beginning in the first quarter of fiscal year 2006. The quarterly reports are to be delivered not later than one week after the 

conclusion of the quarter. 


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GAO REPORT REQUEST ON THE DEPARTMENT OF DEFENSE

PHARMACY PROGRAM

The conferees direct that the Government Accountability Office 

(GAO) conduct a review of the Department of Defense’s Pharmacy 

Program. The review should include, but not be limited to the following: (1) Federal pricing controls implemented for retail pharmacy; (2) pharmacy growth above inflation, increased demand and 

utilization; (3) comparison of to the National rate and the Department of Defense rate; and (4) assumed savings in fiscal years 2005, 

2006 and 2007 from Federal pricing. Further, the review should be 

made available to the congressional defense committees not later 

than April 1, 2006. 

PEER REVIEWED MEDICAL RESEARCH PROGRAM

The Senate recommended $50,000,000 for a Peer Reviewed 

Medical Research program. The conferees agree to provide 

$50,000,000 for this program, and recommend the following 

projects as candidates for study: advanced proteomics; alcoholism 

research; autism; blood-related cancer research such as leukemia, 

lymphoma, and multiple myeloma; childhood asthma; chronic pain 

and fatigue research; childhood cancer research; diabetes research; 

Duchenne’s disease research; eye and vision research; fibromyalgia; 

Interstitial Cystitis Syndrome; kidney cancer research; Lupus Research; osteoporosis and bone-related diseases; polycystic kidney 

disease; pulmonary hypertension; Padget’s disease; post traumatic 

stress disorders; social work research; and autoimmune diseases 

such as scleroderma and Sjogren’s syndrome. 

The conferees direct the Department to provide a report by 

March 1, 2006, on the status of this Peer Reviewed Medical Research Program. 

DEFENSE AND VETERANS HEAD INJURY PROGRAM FUNDING

The conferees are concerned with the management of the funds 

for the Defense and Veterans Head Injury Program (DVHIP). 

Therefore the conferees direct that the President’s Budget request 

of $7,000,000 for DVHIP, as well as any other funds directed to 

this program, be transferred from the Uniformed Services University of the Health Science (USUHS) to the Army Medical Research 

and Materiel Command (AMRMC) at Fort Detrick beginning in fiscal year 2006. 

BLAST INJURY PREVENTION, MITIGATION, AND TREATMENT

INITIATIVE

The Military Health System has seen an increase in the number of traumatic brain and head injuries to servicemembers as a result of ongoing combat operations. Therefore, the conferees have 

provided $12,600,000 for the Blast Injury Prevention, Mitigation, 

and Treatment Initiative to increase research, diagnosis and treatment for servicemembers afflicted with these types of injuries. The 

conferees also expect the Defense and Veterans Head Injury Program (DVHIP) to have a substantial role in the use of these funds 


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as the DVHIP has been an integral part of research, diagnosis, and 

treatment since 1991. 

SMOKING AND TOBACCO USE CESSATION

The House and Senate both expressed concern over the costs 

associated with smoking and tobacco cessation products and that 

they are not reimbursable under TRICARE Prime. Additionally, 

the conferees are concerned that the Department has not been aggressively incorporating suggested pilot programs. 

The conferees direct the Department to report to the congressional defense committees not later than March 1, 2006 on the Department’s plan to address these concerns. The report should include, but not be limited to, the following subjects: —Pilot projects to be incorporated with the TRICARE Prime 

benefit; —Measures that will be taken by the military services to expedite tobacco use prevention and cessation programs available to all 

military personnel; —A plan that the Secretary of Defense determines appropriate 

for improving the out of pocket costs to military personnel for 

smoking cessation products; and —A plan for continuing the ‘‘Healthy Choices for Life’’ demonstration program. 

DIRECTED MISSION UPGRADES OF THE DEFENSE MEDICAL LOGISTICS

STANDARD SUPPORT SYSTEM (DMLSS) 

The Department of Defense has mandated that its suppliers 

use Radio Frequency Identification (RFID) on all cases in the supply chain by 2008. For this to happen, RFID technology must be 

integrated into the DMLSS by January 1, 2007. The conferees are 

disturbed that the Office of the Secretary of Defense (OSD) mandated this policy initiative while at the same time allowing the 

TRICARE Management Activity to cut the budget for this program 

in fiscal year 2006. This action reduces the DMLSS development 

budget for new capabilities and defers development to fiscal year 

2010 and deployment to fiscal year 2011. 

Therefore, the conferees have provided $4,300,000 to help prevent this program from slipping further and direct the Department 

to fully fund this initiative in the fiscal year 2007 budget and beyond to ensure the Department’s established goal is reached. 

SPECIAL MENTAL HEALTH CARE—TRICARE SOUTH REGION

The conferees are aware of the growing need for post traumatic 

stress disorder (PTSD) and special mental health care treatment 

and the growing number of Active and Reserve Component soldiers 

returning to the southeast region requiring such specialized care. 

The conferees direct the Assistant Secretary of Defense for Health 

Affairs, in conjunction with the TRICARE Regional Director for the 

South to report, not later than March 1, 2006 to the congressional 

defense committees with a plan to expand existing capabilities to 

ensure that potential regional PTSD and related mental health 

challenges in this area are adequately addressed, to include Phoebe 

Putney Memorial Hospital. 


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DOD/VA PATIENT RECORDS

The conferees are aware that the Department of Defense and 

the Department of Veterans Affairs do not presently share in real 

time the medical records of patients that transfer between their 

two systems, despite existing technology which could allow such 

sharing. The conferees are concerned that patient care may be compromised as a result and understand that the Navy has proposed 

a memorandum of understanding (MOU) between Bethesda Naval 

Hospital and a regional polytrauma VA hospital to allow two physicians at each institution to have unlimited electronic access to the 

medical records of patients they have shared or are about to share. 

The conferees direct the Secretaries of Defense and Veterans Affairs to establish a similar system of medical record sharing which 

will allow physicians at Bethesda, Walter Reed or other DoD medical facilities, and hospitals in the VA system real time access to 

the records of their patients at each of the other institutions. 

The conferees further direct the Secretary of Defense and the 

Secretary of Veterans Affairs to report to the congressional defense 

committees not later than April 1, 2006 on a plan, including cost, 

to achieve medical record sharing. 


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BLUE GRASS AND PUEBLO CHEMICAL DEMILITARIZATION SITES

The conferees have provided up to $51,000,000 in Chemical 

Agents and Munitions Destruction, Army, R&D funding to support 

planning, design, and construction of facilities at the Blue Grass 

and Pueblo Chemical Demilitarization sites. The conferees note 

this is a one-time exception to assist the Department of Defense to 

re-start the critical work that must be accomplished at these two 

sites in order for the Nation to comply with the Chemical Weapons 

Convention (CWC) Treaty. Further, the conferees direct the Department of Defense to request the appropriate authorizations and 

appropriations in order to continue and complete the Blue Grass 

and Pueblo sites, and that these requirements be reflected in its 

fiscal year 2007 budget submission. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

The conference agreement includes $917,651,000 for ‘‘Drug 

Interdiction and Counter-Drug Activities, Defense’’ as opposed to $906,941,000 as proposed by the House and $926,821,000 as proposed by the Senate. Adjustments to the budget request are as follows: 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES DEFENSE 

(In thousands of dollars) 

Budget 

895,741 

House 

906,941 

Senate 

926,821 

Conference 

917,651 

Recommended Increases: 

Southwest Border Fence ....................................................... .................... 5,000 .................... 3,500 

Multi-jurisdictional Counter-Drug Task Force Training ........ .................... 3,500 .................... 3,000 

Florida National Guard Counter-Drug Activities ................... .................... 3,000 .................... 2,600 

Young Marines ...................................................................... .................... 2,700 .................... 2,500 

Indiana National Guard Counter-Drug Activities ................. .................... 1,000 .................... 0 

Nevada National Guard Counter-Drug RAID Program .......... .................... 3,500 3,500 3,500 

Project Athena Beta Site (note: moved to RDTE,N line 79) .................... 2,500 .................... 0 

Alaska National Guard Counterdrug Program ...................... .................... .................... 3,000 2,600 

Hawaii National Guard Counterdrug Program ...................... .................... .................... 3,100 2,685 

Appalachia High Intensity Trafficking Area ......................... .................... .................... 2,000 1,400 

West Virginia National Guard Counterdrug Program ........... .................... .................... 3,000 2,600 

Kentucky National Guard Counterdrug and HIDTA Program .................... .................... 3,600 2,520 

New Mexico National Guard Counterdrug Program .............. .................... .................... 4,000 2,800 

Regional Counterdrug Training Academy, Mississippi ......... .................... .................... 1,500 1,325 

Northeast Regional Counterdrug Training Center ................ .................... .................... 4,000 2,800 

Midwest Regional Counterdrug Training Center .................. .................... .................... 6,000 4,200 

National Guard Counterdrug Support ................................... .................... .................... 25,000 18,000 

Recommended Reductions: 

ADNET .................................................................................... .................... ¥1,000 .................... ¥1,000 

RINGGOLD .............................................................................. .................... ¥1,000 .................... ¥1,000 

OCONUS OPS Support ........................................................... .................... ¥2,000 .................... 0 

ROTHR ................................................................................... .................... ¥2,000 .................... ¥2,000 

ISR/AEW/Tanker Support ....................................................... .................... ¥500 .................... ¥500 

SOF CN Support .................................................................... .................... ¥1,500 .................... ¥1,000 

SOUTHCOM CN Operational Support ..................................... .................... ¥2,000 .................... ¥1,000 

PC 9220 Afghanistan (note: moved to Title IX) ................... .................... .................... ¥3,900 ¥3,900 

PC 4101 CENTCOM CN HQ Support (note: moved to Title 

IX) ..................................................................................... .................... .................... ¥4,400 ¥4,400 

PC 6503 SOF CN Support—CENTCOM (note: moved to Title 

IX) ..................................................................................... .................... .................... ¥920 ¥920 

PC 9204 CENTCOM CN OPS Support (note: moved to Title 

IX) ..................................................................................... .................... .................... ¥6,200 ¥6,200 

PC 9213 CENTCOM CN Reserve Support (note: moved to 

Title IX) ............................................................................. .................... .................... ¥600 ¥600 


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DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES DEFENSE—Continued 

(In thousands of dollars) 

Budget 

895,741 

House 

906,941 

Senate 

926,821 

Conference 

917,651 

PC 9495 Enhanced CENTCOM Support (note: moved to 

Title IX) ............................................................................. .................... .................... ¥11,600 ¥11,600 

OFFICE OF THE INSPECTOR GENERAL

The conferees have agreed to provide a total amount of 

$209,687,000 for the Office of the Inspector General. Of this 

amount, $208,687,000 shall be for operation and maintenance, and 

$1,000,000 shall be for procurement. 

TITLE VII—RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

The conference agreement provides $244,600,000 for payment 

to the Central Intelligence Agency Retirement and Disability System Fund, as proposed by both the House and the Senate. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $422,344,000 for the Intelligence Community Management Account, instead of $376,844,000 

as proposed by the House and $413,344,000 as proposed by the 

Senate. 

The conference agreement provides for a transfer of 

$39,000,000 to the Department of Justice for the National Drug Intelligence Center to support the Department of Defense’s counterdrug intelligence responsibilities, the same amount proposed by the 

House. 

TITLE VIII—GENERAL PROVISIONS 

The conference agreement incorporated general provisions of 

the House and Senate versions of the bill which were not amended. 

Those general provisions that were amended in conference follow: 

The conferees include a general provision (Section 8005) which 

amends language, as proposed by the House and the Senate, that 

increases the level of general transfer authority for the Department 

of Defense. 

The conferees include a general provision (Section 8008) which 

amends language, as proposed by the House and the Senate, concerning multi-year procurement authority. The conference agreement provides multi-year procurement authority for UH–60/MH–60 

helicopters, Apache Block II Conversions, Modernized Target Acquisition Designation Sight/Pilot Night Vision Sensor (MTADS/ 

PNVS), and C–17 Aircraft. 

The conferees include a general provision (Section 8026) which 

amends language, as proposed by the House and Senate, with respect to Federally Funded Research and Development Centers. 


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The conferees include a general provision (Section 8028) which 

amends language, as proposed by the House and Senate, which expands the definition of the congressional defense committees for accounts under the jurisdiction of the Subcommittee on Military 

Quality of Life and Veterans Affairs, Related Agencies of the Committee on Appropriations of the House of Representatives. 

The conferees include a general provision (Section 8044) which 

amends language, as proposed by the House and Senate, which 

provides that of the funds available under ‘‘Operation and Maintenance, Defense-Wide’’, the Office of Economic Adjustment is authorized to make grants. 

The conferees include a general provision (Section 8045) which 

amends language, as proposed by the House and Senate, recommending rescissions. The rescissions agreed to are: 

(RESCISSIONS)

2004 Appropriations: 

Missile Procurement, Army: 

LOSAT ................................................................................................$20,000,000 

2005 Appropriations: 

Missile Procurement, Army: 

LOSAT ................................................................................................ 14,931,000 

Other Procurement, Army: 

Joint Tactical Radio System ............................................................. 68,637,000 

Aircraft Procurement, Navy: 

V–22 (AP) ........................................................................................... 16,800,000 

Shipbuilding and Conversion, Navy: 

Service Craft ...................................................................................... 21,000,000 

LCU(X) ............................................................................................... 5,900,000 

SSN ERO ........................................................................................... 15,300,000 

Other Procurement, Navy: 

SSBN SHIPALT ................................................................................ 43,000,000 

Procurement, Marine Corps: 

AN/UXC–10 Digital Facsimile (TS–21 Blackjack Marine Corps) 4,300,000 

Missile Procurement, Air Force: 

EELV AEHF Satellite Launcher ...................................................... 92,000,000 

Other Procurement, Air Force: 

Classified Programs .......................................................................... 3,400,000 

Research, Development, Test and Evaluation, Army: 

APKWS Simulator Upgrade ............................................................. 4,300,000 

Research, Development, Test and Evaluation, Navy: 

BAMS/UAV ........................................................................................ 31,700,000 

Development of Next Generation Technology for the Inspection 

of Aircraft Engines, Diagnostics and Repair ............................... 1,055,000 

Research, Development, Test and Evaluation, Air Force: 

Classified Programs .......................................................................... 63,400,000 

The conferees include a general provision (Section 8079) which 

amends language, as proposed by the House and Senate, to provide 

for the waiver of payment for the lease of personal property for certain non-profit organizations. 

The conferees include a general provision (Section 8084) which 

amends language, as proposed by the House, to provide funds for 

additional Fisher Houses. 

The conferees include a general provision (Section 8086) which 

amends language, as proposed by the House and the Senate, to reduce funds available in Operation and Maintenance accounts by 

$265,000,000 for excessive growth in other contracted services. 

The conferees include a general provision (Section 8087) which 

amends language, as proposed by the House and the Senate, to reVerDate Aug 31 2005 23:11 Dec 30, 2005 Jkt 025159 PO 00000 Frm 00465 Fmt 6601 Sfmt 6601 E:\HR\OC\HR359.XXX HR359

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duce funds available in Operation and Maintenance accounts by 

$100,000,000 for excessive growth in advisory and assistance services. 

The conferees include a general provision (Section 8088) which 

amends language, as proposed by the House and Senate, concerning the Arrow missile defense program. The conference agreement provides a total of $132,866,000 for the Arrow program of 

which $60,250,000 is earmarked for missile component co-production, and $100,000,000 is earmarked only for a joint feasibility 

study on a Short Range Ballistic Missile Defense initiative. 

The conferees include a general provision (Section 8094) which 

amends language, as proposed by the House and Senate, to reduce 

amounts available in title II by $250,000,000 to reflect cash balance and rate stabilization adjustments. 

The conferees include a general provision (Section 8095) which 

amends language, as proposed by the House, to provide funds for 

a grant to the Center for Military Recruitment, Assessment and 

Veterans Employment. 

The conferees include a general provision (Section 8097) which 

amends language, as proposed by the Senate, to provide up to 

$2,125,000 from funds available in ‘‘Operation and Maintenance, 

Navy’’ in this Act for the Pacific Missile Range Facility to contract 

for the repair, maintenance, operation of off-base water, drainage, 

flood control, electrical upgrades, and for a range footprint expansion. 

The conferees include a general provision (Section 8098) which 

amends language, as proposed by the House and the Senate, which 

provides $33,350,000 for grants to various organizations. 

The conferees include a new general provision (Section 8099) 

which provides that, subject to certain limitations, the Secretary of 

the military department concerned may make a military working 

dog available for adoption by its former handler. 

The conferees include a general provision (Section 8105) which 

amends language, as proposed by the House, which earmarks up 

to $7,000,000 from funds available in ‘‘Operation and Maintenance, 

Army’’ only for improvements on Fort Irwin Road, and which earmarks $4,800,000 from funds available in ‘‘Operation and Maintenance, Marine Corps’’, for a grant to widen and make safety improvements on Adobe Road. 

The conferees include a general provision (Section 8108) which 

amends language, as proposed by the House and Senate, regarding 

transfer authority for Navy ship construction programs. The 

amendment allows up to $100,000,000 in special transfer authority. 

This authority is provided to the Secretary of Defense, and requires 

prior notification to the Congress. 

The conferees include a general provision (Section 8111) which 

amends language, as proposed by the House and the Senate, which 

reduces $361,000,000 from certain procurement accounts. 

The conferees include a general provision (Section 8117) which 

amends language, as proposed by the Senate, which makes certain 

findings regarding past budgeting for ongoing military operations, 

and expresses a sense of the Senate that funding for continuing 

military operations beyond fiscal year 2006 should be included in 

the annual budget request; that the President should submit a 


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budget request for fiscal year 2006 providing estimates for ongoing 

military operations overseas; and that funds provided for ongoing 

military operations should be provided in specific appropriations 

accounts. 

The conferees include a general provision (Section 8118) which 

amends language, as proposed by the Senate, which amends section 351 of the Ronald W. Reagan National Defense Authorization 

Act for fiscal year 2005 directing reimbursement to members of the 

military for the cost of certain protective, safety, or health equipment purchased by or for members of the Armed Forces for deployment in Operation Noble Eagle, Operation Iraqi Freedom, and Operation Enduring Freedom; adding certain items eligible for reimbursement; and extending the authorized time frame for purchase 

of equipment eligible for reimbursement until April 1, 2006. 

The conferees include a general provision (Section 8120) which 

amends language, as proposed by the Senate, which requires the 

Secretary of Defense to report on the status of the implementation 

of the recommendations of the Government Accountability Office 

(GAO) report concerning the transition assistance program (TAP). 

The conferees include a general provision (Section 8124) which 

amends language, as proposed by the Senate, to increase the rate 

of basic pay of the senior enlisted advisor for the Chairman of the 

Joint Chiefs of Staff. 

The conferees include a new general provision (Section 8125) 

which reduces funding provided in titles II, III, and IV of this Act 

by a total of $771,300,000 to reflect savings from revised economic 

assumptions. 

The conferees include a new general provision (Section 8127) 

which provides authorization for the Secretary of Defense to prescribe regulations to clarify gift acceptance policy for injured service members and their families. 

The conferees include a new general provision (Section 8128) 

which amends the Alaska Natural Gas Pipeline Act to provide for 

a technical correction. 

The conferees include a new general provision (Section 8129) 

which allows the U.S. Capitol attending physician to continue on 

active duty. 

The conferees include a new title X concerning matters relating 

to detainees, the ‘‘Detainee Treatment Act of 2005’’. 

TITLE IX—ADDITIONAL APPROPRIATIONS 

The following table provides details of the supplemental appropriations in this title. 


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469 


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470 

REPORTING REQUIREMENTS

The conferees direct the Secretary of Defense to provide a report to the congressional defense committees within 30 days of enactment of this legislation on the allocation of the funds within the 

accounts listed in this title. The Secretary shall submit updated reports 30 days after the end of each fiscal quarter until funds listed 

in this title are no longer available for obligation. The conferees direct that these reports shall include: a detailed accounting of obligations and expenditures of appropriations provided in this title by 

program and subactivity group for the continuation of the war in 

Iraq and Afghanistan; and a listing of equipment procured using 

funds provided in this title. The conferees expect that in order to 

meet unanticipated requirements, the Department of Defense may 

need to transfer funds within these appropriation accounts for purposes other than those specified in this report. The conferees direct 

the Department of Defense to follow normal prior approval reprogramming procedures should it be necessary to transfer funding 

between different appropriations accounts in this title. 

Additionally, the conferees direct that the bi-annual reporting 

requirements of section 9010 of Public Law 108–287, the Department of Defense Appropriations Act, 2005, regarding the military 

operations of the Armed Forces and the reconstruction activities of 

the Department of Defense in Iraq and Afghanistan shall apply to 

the funds appropriated in this Act. 

MILITARY PERSONNEL

The following table provides details of the supplemental appropriations in this title. 


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OPERATION AND MAINTENANCE

The following table provides details of the supplemental appropriations in this title. 


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474 


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475 


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476 

HOME STATION READINESS TRAINING AND LOGISTICS

In this title the conferees recommend $50,000,000,000 as a 

‘‘bridge fund’’ in support of ongoing contingency operations related 

to the Global War on Terror, including $33,217,848,000 in the operation and maintenance accounts. Substantial funding will be required to support continuing combat and security operations in Afghanistan and Iraq. The conferees understand that substantial 

amounts will be needed as well in support of unit mobilizations, 

specialized pre-deployment training, transportation to and from the 

areas of operation, home station recovery and reset, and post-deployment training to ensure recovery to established readiness 

standards for full spectrum combat operations around the world. 

Specialized training before deployment, and retraining after deployment, with the associated transportation, base operations, 

logistical, maintenance and reset costs, though accrued at home 

station, should be attributed to the continuing combat and peacekeeping operations. To the extent that such training, maintenance 

and reset activities displace normal peacetime training events, the 

amounts provided in home station operation and maintenance lines 

have been reduced. The Department of Defense should allocate title 

IX operation and maintenance funding accordingly, to ensure full 

support for pre-deployment and post-deployment operations, as 

well as for continuing combat and security operations in support of 

the Global War on Terror. 

IRAQ FREEDOM FUND

The conference agreement includes $4,658,686,000 for the Iraq Freedom Fund. Of this amount, $1,360,000,000 is for the IED Defeat Task Force, $3,048,686,000 is for classified activities described 

further in a classified annex to this report, and $250,000,000 is for 

emergent needs for the Global War on Terror. Additionally, the 

conference agreement provides that up to $100,000,000 shall be 

available for the Department of Homeland Security, ‘‘United States 

Coast Guard, Operating Expenses’’. 

PROCUREMENT

The following table provides details of the supplemental appropriations in this title. 


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478 


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479 


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480 


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481 


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482 


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483 

NATIONAL GUARD AND RESERVE EQUIPMENT

The conferees agree to provide $1,000,000,000 in title IX for 

National Guard and Reserve Equipment, to be distributed as follows: $700,000,000 for the Army National Guard; $200,000,000 for 

the Air National Guard; $100,000,000 for the Army Reserve. The 

conferees agree that to the maximum extent possible, the National 

Guard equipment provided in title IX should be equipment identified by the Chief of the National Guard Bureau to the House and 

Senate Appropriations Committees in the September 22, 2005 document entitled ‘‘National Guard Equipment Requirements, Protecting America at Home and Abroad’’. The conferees direct the 

Chief of the National Guard Bureau and the Chief of the Army Reserve to submit to the congressional defense committees a report 

specifying the items to be procured with this funding and a fielding 

plan for this equipment not later than 30 days after the enactment 

of this Act. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

The following table provides details of the supplemental appropriations in this title. 


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INTEROPERABLE COMMUNICATIONS IN DISASTER RESPONSE

The conferees recognize the need to ensure rapid and uninterrupted communications between Federal, state, and local first responders and the National Guard. As recently demonstrated in the 

response to Hurricane Katrina, communications breakdowns limit 

the Guard’s ability to respond effectively and rapidly in either a 

man-made or natural disaster. The conferees fully support the National Guard Bureau’s initiatives to develop interoperable and reliable communications. Of particular interest is the Joint CONUS 

Communications Support Enterprise team concept. As a part of 

this initiative, the conferees are aware that the National Guard 

Bureau has developed a concept called the National Guard Bureau 

Incident Area Communications Program. This program would deploy a software-based solution that improves interoperability by enabling disparate communications devices and networks to work together. Therefore, the conferees urge the Department of Defense to 

fully fund this initiative to ensure a robust interoperable solution 

for the National Guard to meet its first responder communications 

needs. 

JOINT NETWORK NODES

The conferees agree to provide $175,000,000 for procurement of 

the Joint Network Nodes (JNN) program in title IX, Other Procurement, Army, within the Bridge to Future Networks line. The House 

and Senate continue to support the procurement of JNN based on 

the Army requirement to respond to the urgent needs of ground 

forces for tactical communications. The conferees are concerned, 

however, that the Army is not evolving its network communications 

programs at a sufficiently fast rate from JNN to objective WIN–T 

capability. For example, JNN funding contained in title IX could 

resource a JNN+ capability that moves network communication capability closer to the WIN–T requirement. Therefore, the conferees 

direct the Army to submit a report not later than January 15, 

2006, detailing its plans to procure evolutionary capability in its 

network communications programs. 

IMPROVISED EXPLOSIVE DEVICE COUNTERMEASURES

The conferees support DoD efforts to provide the strongest possible defense against the Improvised Explosive Device (IED) threat 

faced in theater, and provide not less than $1,360,000,000 in the 

Iraq Freedom Fund (IFF) for this purpose. The conferees are aware 

of several specific Service requirements along these lines and direct 

the Joint IED Task Force to fully fund validated Army and Marine 

Corps requirements for Backscatter Radars and related equipment, 

and H2K ICE Jammers. In addition, the conferees direct the Task 

Force to provide quarterly updates to the congressional defense 

committees, to include assessments of the evolving threat posed to 

war fighters by IEDs, individual Service requirements to counter 

this threat, and a report on the execution of funds provided to the 

Joint IED Task Force. 

In addition, the conferees recognize and commend the ongoing 

effort of the Department of Defense to develop the next generation 

of countermeasures for IEDs. Furthermore, the conferees note that 


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current counter-IED systems deployed in Operation Iraqi Freedom 

and Operation Enduring Freedom provide an important force protection capability. The conferees, therefore, direct the Department 

to continue procurement of sufficient quantities of currently deployed counter-IED technologies and, where applicable, to provide 

those systems with available upgrades. 

GENERAL PROVISIONS—THIS TITLE

The conferees include a general provision (Section 9001) as 

proposed by the House and the Senate which provides that appropriations made in this title are available for obligation until September 30, 2006, unless otherwise so provided in this title. 

The conferees include a general provision (Section 9002) as 

proposed by the House and the Senate which provides that funds 

made available in this title are in addition to amounts provided 

elsewhere in this Act. 

The conferees include a general provision (Section 9003) as 

proposed by the Senate which provides that the Secretary of Defense is permitted to transfer up to $2,500,000,000 of funds made 

available in this title subject to certain conditions and reporting requirements. The House included a similar provision. 

The conferees include a general provision (Section 9004) as 

proposed by the Senate which provides that funds appropriated in 

title IX of this Act for intelligence activities are deemed to be authorized for purposes of section 504 of the National Security Act of 

1947. The House included a similar provision. 

The conferees include a general provision (Section 9005) as 

proposed by the House which prohibits use of funds provided in 

title IX to finance programs or activities denied by Congress, or to 

initiate a new start program without prior notification to the congressional defense committees. The Senate included a similar provision. 

The conferees include a general provision (Section 9006) which 

amends language as proposed by the House, which provides up to 

$500,000,000 from funds available in this title for support to military and security forces of Iraq and Afghanistan. The Senate included a similar provision. 

The conferees include a general provision (Section 9007) as 

proposed by the Senate which provides funding for the Commander’s Emergency Response Program and makes $500,000,000 

available for the program from funds available in title IX. The 

House included a similar provision. 

The conferees include a general provision (Section 9008) which 

amends language as proposed by the Senate which provides that 

amounts provided in this title for operations in Iraq and Afghanistan may be used to purchase certain armored vehicles, and requires quarterly reports. The House did not address this matter. 

The conferees include a general provision (Section 9009) as 

proposed by the House and the Senate which provides that funds 

available to the Department of Defense for operation and maintenance may be used to provide supplies, services and transportation 

to coalition forces in Afghanistan and Iraq. 

The conferees include a general provision (Section 9010) as 

proposed by the Senate which requires the Secretary of Defense to 


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provide quarterly reports on certain indicators and measures for 

progress toward military and political stability in Iraq. The House 

did not address this matter. 

The conferees delete a general provision as proposed by the 

House and the Senate which reaffirmed that torture of prisoners of 

war and detainees is illegal. This matter is addressed elsewhere in 

this conference report. 

The conferees delete language as proposed by the House which 

directs semi-annual reports to Congress on military operation and 

reconstruction activities in Iraq and Afghanistan. The reporting requirements are included in the Joint Explanatory Statement. The 

Senate did not address this matter. 

The conferees delete language as proposed by the House concerning religious freedom and tolerance at the United States Air 

Force Academy. The Senate did not address this matter. 

The conferees delete a general provision as proposed by the 

House regarding implementing the United Nations Convention 

Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Senate included a similar provision. This 

matter is addressed elsewhere in this conference report. 

The conferees include a general provision (Section 9011) as 

proposed by the Senate which provides that for construction 

projects in Iraq and Afghanistan funded with operation and maintenance funds, supervisory and administrative costs may be obligated when the contract is awarded. The House did not address 

this matter. 

The conferees include a general provision (Section 9012) as 

proposed by the Senate which designates amounts appropriated or 

otherwise made available in this title as making appropriations for 

contingency operations related to the global war on terrorism. The 

House included such designation in each appropriation account. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2006 recommended by the Committee of Conference, with comparisons to the fiscal year 2005 amount, the 2006 budget estimates, 

and the House and Senate bills for 2006 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2005 ........................ $467,128,020 

Budget estimates of new (obligational) authority, fiscal year 2006 397,214,410 

House bill, fiscal year 20061 ................................................................. 439,456,182 

Senate bill, fiscal year 2006 .................................................................. 445,448,117 

Conference agreement, fiscal year 2006 .............................................. 442,789,753 

Conference agreement compared with: ................................................

New budget (obligational) authority, fiscal year 2005 ................ ¥24,338,267 

Budget estimates of new (obligational) authority, fiscal year 

2006 .............................................................................................. +45,575,343 

House bill, fiscal year 2006 ............................................................ +3,333,571 

Senate bill, fiscal year 2006 ........................................................... ¥2,658,364 

1 Includes funding contained in the House Military Quality of Life and Veterans Affairs Appropriations Bill, 2006. 


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

TITLE I—EMERGENCY SUPPLEMENTAL APPROPRIATIONS 

TO ADDRESS HURRICANES IN THE GULF OF MEXICO 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

EXECUTIVE OPERATIONS

WORKING CAPITAL FUND

The conference agreement provides $35,000,000 for the Working 

Capital Fund. 

AGRICULTURAL RESEARCH SERVICE

BUILDINGS AND FACILITIES

The conference agreement provides $9,200,000 for the Agricultural Research Service, Buildings and Facilities account. 

RURAL DEVELOPMENT PROGRAMS

RURAL COMMUNITY ADVANCEMENT PROGRAM

The conference agreement provides $45,000,000 for the Rural 

Community Advancement Program. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

The conference agreement provides $45,000,000 for the Rural 

Housing Insurance Fund Program Account. 

RURAL HOUSING ASSISTANCE GRANTS

The conference agreement provides $20,000,000 for Rural Housing Assistance Grants. 

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

The conference agreement provides a subsidy of $8,000,000 for 

the cost of loan modifications to the rural electric loan program. 

The conference agreement provides a loan level of $50,000,000 

for the direct rural telecommunications loan program. 

FOOD AND NUTRITION SERVICE

COMMODITY ASSISTANCE PROGRAM

The conference agreement provides $10,000,000 for the Commodity Assistance Program. 


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GENERAL PROVISIONS—THIS CHAPTER 

Section 101.—The conference agreement provides $199,800,000 

for the Emergency Conservation Program to repair damage caused 

by hurricanes in 2005. 

Section 102.—The conference agreement provides $300,000,000 

for the Emergency Watershed Program (EWP) to repair damage 

caused by hurricanes in 2005 to waterways and watersheds, and 

for other specified purposes related to damage from hurricanes. Of 

the total provided, no less than $283,890,365 is for the hurricane 

Katrina, Rita, or Wilma-related projects specified in the December 

8, 2005, ‘‘EWP Recovery Projects Unfunded’’ table. 

Section 103.—The conference agreement includes language allowing for the reimbursement of accounts related to hurricane 

costs. 

Section 104.—The conference agreement includes language allowing the transfer of funds between the Rural Housing Insurance 

Fund and the Rural Housing Assistance Grant accounts. 

Section 105.—The conference agreement includes language 

granting the Secretary of Agriculture temporary authorities for certain programs under the Rural Development mission area. 

Section 106.—The conference agreement includes a technical 

correction to Section 759 of P.L. 109–97. 

CHAPTER 2 

DEPARMENT OF DEFENSE—MILITARY 

In this chapter, the conferees recommend total new appropriations of $5,112,438,000, minus a general reduction of $737,089,000 

elsewhere in the conference agreement. Funding by category is as 

follows: 

Military Personnel ................................................................................. $554,535,000 

Operation and Maintenance ................................................................. 1,953,318,000 

Procurement ........................................................................................... 2,309,778,000 

Research, Development, Test and Evaluation ..................................... 41,382,000 

Revolving and Management Funds ...................................................... 7,224,000 

Trust Funds ............................................................................................ 44,341,000 

Other Department of Defense Programs ............................................. 201,860,000 

Funds are provided for specific appropriations accounts, and 

quarterly reports are required on the obligation of funds. 

The following table provides details of the supplemental appropriations in this chapter: 

[In thousands of dollars] 

Account Request Conference 

Military Personnel: 

Military Personnel, Army ......................................................................................................... 29,830 29,830 

Military Personnel, Navy ......................................................................................................... 57,691 57,691 

Military Personnel, Marine Corps ........................................................................................... 14,193 14,193 

Military Personnel, Air Force ................................................................................................... 105,034 105,034 

Reserve Personnel, Army ........................................................................................................ 11,100 11,100 

Reserve Personnel, Navy ......................................................................................................... 33,015 33,015 

Reserve Personnel, Marine Corps ........................................................................................... 3,028 3,028 

Reserve Personnel, Air Force .................................................................................................. 2,370 2,370 

National Guard Personnel, Army ............................................................................................ 220,556 220,556 

National Guard Personnel, Air Force ...................................................................................... 77,718 77,718 


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[In thousands of dollars] 

Account Request Conference 

Total Military Personnel ................................................................................................. 554,535 554,535 

Operation and Maintenance: 

O&M, Army .............................................................................................................................. 156,166 156,166 

O&M, Navy .............................................................................................................................. 543,590 544,690 

O&M, Marine Corps ................................................................................................................ 7,343 7,343 

O&M, Air Force ........................................................................................................................ 554,252 554,252 

O&M, Defense-Wide ................................................................................................................ 29,027 29,027 

O&M, Army Reserve ................................................................................................................ 16,118 16,118 

O&M, Navy Reserve ................................................................................................................ 480,084 480,084 

O&M, Marine Corps Reserve ................................................................................................... 16,331 16,331 

O&M, Air Force Reserve .......................................................................................................... 2,366 2,366 

O&M, Army National Guard .................................................................................................... 98,855 98,855 

O&M, Air National Guard ........................................................................................................ 48,086 48,086 

Total Operation and Maintenance ................................................................................. 1,952,218 1,953,318 

Procurement: 

Procurement of WTCV, Army ................................................................................................... 1,600 1,600 

Procurement of Ammunition, Army ......................................................................................... 1,000 1,000 

Other Procurement, Army ........................................................................................................ 1,390 43,390 

Aircraft Procurement, Navy ..................................................................................................... 3,856 3,856 

Procurement of Ammunition, Navy & Marine Corps .............................................................. 2,600 2,600 

Shipbuilding and Conversion, Navy ....................................................................................... 1,987,000 1,987,000 

Other Procurement, Navy ........................................................................................................ 89,675 76,675 

Other Procurement, Air Force ................................................................................................. 170,300 162,315 

Procurement, Defense-Wide .................................................................................................... 12,082 12,082 

National Guard and Reserve Equipment ................................................................................ 19,260 19,260 

Total Procurement .......................................................................................................... 2,288,763 2,309,778 

Research, Development, Test and Evaluation: 

RDT&E, Navy ........................................................................................................................... 27,612 2,462 

RDT&E, Air Force .................................................................................................................... 6,200 6,200 

RDT&E Defense-Wide .............................................................................................................. 32,720 32,720 

Total RDT&E ................................................................................................................... 66,532 41,382 

Revolving and Management Funds: 

Defense Working Capital Funds ............................................................................................. 7,224 7,224 

Trust Funds: 

Surcharge Collections, Sales of Commissary Stores, Defense .............................................. 44,341 44,341 

Other Department of Defense Programs: 

Defense Health Program O&M ................................................................................................ 161,858 172,958 

Defense Health Program Procurement ................................................................................... 39,692 28,592 

Office of the Inspector General—Evac Personnel ................................................................. 30 30 

Office of the Inspector General—Equipment Repair ............................................................. 280 280 

Total Other DoD Programs ............................................................................................. 201,860 201,860 

General Provision—Transfer Authority [Non add] ................................................................. [750,000] [500,000] 

Total ............................................................................................................................... 5,115,473 5,112,438 

General Reduction .................................................................................................................. (737,089) 

Grand Total .................................................................................................................... 4,375,349 

CLASSIFIED PROGRAMS

Adjustments to classified programs are addressed in the classified annex accompanying this Joint Explanatory Statement. 

REPORTING REQUIREMENTS

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actment of this legislation on the allocation of the funds within the 

accounts listed in this chapter. The Secretary shall submit updated 

reports 30 days after the end of each fiscal quarter until funds listed in this chapter are no longer available for obligation. The conferees direct that these reports shall include: a detailed accounting, 

by programs and subactivity groups, of obligations and expenditures of appropriations provided in this chapter for the continuation of relief and recovery operations from the storm damage; and 

a listing of equipment procured using funds provided in this chapter. 

The conferees expect that in order to meet unanticipated requirements, the Department of Defense may need to transfer funds 

within these appropriations accounts for purposes other than those 

specified in this chapter. The conferees expect the Department to 

follow normal prior-approval reprogramming procedures should it 

be necessary to transfer funding between different appropriations 

accounts in this chapter. 

MILITARY PERSONNEL

The following table provides details of the recommendations for 

the military personnel accounts: 

[In thousands of dollars] 

Account Request Conference 

Military Personnel, Army: 

Military Pay and Allowances .................................................................................................. 9,005 9,005 

Evacuation of DoD Personnel ................................................................................................. 20,825 20,825 

Total Military Personnel, Army ....................................................................................... 29,830 29,830 

Military Personnel, Navy: 

Evacuation of DoD Personnel ................................................................................................. 57,691 57,691 

Total Military Personnel, Navy ....................................................................................... 57,691 57,691 

Military Personnel, Marine Corps: 

Evacuation of DoD Personnel ................................................................................................. 14,193 14,193 

Total Military Personnel, Marine Corps ......................................................................... 14,193 14,193 

Military Personnel, Air Force: 

Military Pay and Allowances .................................................................................................. 57,279 57,279 

Basic Allowance for Housing .................................................................................................. 6,526 6,526 

Evacuation of DoD Personnel ................................................................................................. 41,229 41,229 

Total Military Personnel, Air Force ................................................................................ 105,034 105,034 

Reserve Personnel, Army: 

Military Pay and Allowances .................................................................................................. 10,739 10,739 

Basic Allowance for Housing .................................................................................................. 361 361 

Total Reserve Personnel, Army ...................................................................................... 11,100 11,100 

Reserve Personnel, Navy: 

Military Pay and Allowances .................................................................................................. 13,647 13,647 

Basic Allowance for Housing .................................................................................................. 1,053 1,053 

Evacuation of DoD Personnel ................................................................................................. 18,315 18,315 

Total Reserve Personnel, Navy ...................................................................................... 33,015 33,015 


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[In thousands of dollars] 

Account Request Conference 

Reserve Personnel, Marine Corps: 

Evacuation of DoD Personnel ................................................................................................. 3,028 3,028 

Total Reserve Personnel, Marine Corps ......................................................................... 3,028 3,028 

Reserve Personnel, Air Force: 

Military Pay and Allowances .................................................................................................. 2,285 2,285 

Basic Allowance for Housing .................................................................................................. 85 85 

Total Reserve Personnel, Air Force ................................................................................ 2,370 2,370 

National Guard Personnel, Army: 

Military Pay and Allowances .................................................................................................. 188,262 188,262 

Basic Allowance for Housing .................................................................................................. 32,294 32,294 

Total National Guard Personnel, Army .......................................................................... 220,556 220,556 

National Guard Personnel, Air Force: 

Military Pay and Allowances .................................................................................................. 67,429 67,429 

Basic Allowance for Housing .................................................................................................. 10,289 10,289 

Total National Guard Personnel, Air Force .................................................................... 77,718 77,718 

Total Military Personnel ................................................................................................. 554,535 554,535 

Additional funds are provided in the military personnel accounts 

to continue hurricane relief efforts during fiscal year 2006. Funds 

are provided for military pay and allowances, subsistence, and 

travel and related expenses for active duty and full-time Guard and 

Reserve personnel providing support to hurricane relief and recovery efforts in areas affected by hurricanes in the Gulf of Mexico in 

calendar year 2005. In addition, funds are provided for per diem 

costs for the evacuation of family members of military personnel. 

BASIC ALLOWANCE FOR HOUSING

The conference agreement includes a general provision which 

provides the Services the authority to temporarily adjust Basic Allowance for Housing (BAH) rates for those areas affected by hurricanes in the Gulf of Mexico in calendar year 2005. The conferees 

direct that any additional costs to the military personnel accounts 

for this change to the BAH entitlement should be requested and 

funded through a supplemental appropriations bill for hurricane-related disaster relief. 

OPERATION AND MAINTENANCE

The following table provides details of the recommendations for 

the operation and maintenance accounts: 

[In thousands of dollars] 

Account Request Conference 

Operation and Maintenance, Army: 

Urgent Repair and Recovery (Non-SRM) ................................................................................ 55,910 55,910 

Evacuation of DoD Personnel ................................................................................................. 67,076 67,076 

Temporary Continuing Operations .......................................................................................... 13,342 13,342 

Temporary Continuing Operations (Non-SRM) ........................................................................ 12,764 12,764 


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[In thousands of dollars] 

Account Request Conference 

Equipment Repair and Replacement ..................................................................................... 7,074 7,074 

Total Operation and Maintenance, Army ....................................................................... 156,166 156,166 

Operation and Maintenance, Navy: 

Urgent Repair and Recovery (Non-SRM) ................................................................................ 139,690 139,690 

Evacuation of DoD Personnel ................................................................................................. 120,029 120,029 

Temporary Continuing Operations .......................................................................................... 65,772 65,772 

Equipment Repair and Replacement ..................................................................................... 2,600 2,600 

Facilities Restoration (SRM) ................................................................................................... 215,499 215,499 

Classified Adjustment ............................................................................................................ — (1,500) 

Naval Station Pascagoula Pier Repair and Force Protection ................................................ — 2,600 

Total Operation and Maintenance, Navy ....................................................................... 543,590 544,690 

Operation and Maintenance, Marine Corps: 

Evacuation of DoD Personnel ................................................................................................. 7,343 7,343 

Total Operation and Maintenance, Marine Corps ......................................................... 7,343 7,343 

Operation and Maintenance, Air Force: 

Urgent Repair and Recovery (Non-SRM) ................................................................................ 273,038 273,038 

Evacuation of DoD Personnel ................................................................................................. 184,371 184,371 

Temporary Continuing Operations .......................................................................................... 18,938 18,938 

Equipment Repair and Replacement ..................................................................................... 8,900 8,900 

Facilities Restoration (SRM) ................................................................................................... 69,005 69,005 

Total Operation and Maintenance, Air Force ................................................................ 554,252 554,252 

Operation and Maintenance, Defense-Wide: 

Urgent Repair and Recovery—SOCOM ................................................................................... 4,070 4,070 

Evacuation of DoD Personnel ................................................................................................. 10,768 10,768 

Temporary Continuing Operations 

SOCOM ........................................................................................................................... 100 100 

DISA ............................................................................................................................... 558 558 

DIA ................................................................................................................................. 2,636 2,636 

DCAA .............................................................................................................................. 250 250 

DCMA ............................................................................................................................. 4,007 4,007 

Equipment Repair and Replacement ..................................................................................... 800 800 

Equipment Repair and Replacement—DISA .......................................................................... 600 600 

Facilities Restoration (SRM) 

SOCOM ........................................................................................................................... 4,644 4,644 

DISA ............................................................................................................................... 469 469 

DCAA .............................................................................................................................. 125 125 

Total Operation Maintenance, Defense-Wide ................................................................ 29,027 29,027 

Operation and Maintenance, Army Reserve: 

Urgent Repair and Recovery (Non-SRM) ................................................................................ 10,590 10,590 

Temporary Continuing Operations .......................................................................................... 4,400 4,400 

Facilities Restoration (SRM) ................................................................................................... 1,128 1,128 

Total Operation and Maintenance, Army Reserve ......................................................... 16,118 16,118 

Operation and Maintenance, Navy Reserve: 

Urgent Repair and Recovery (Non-SRM) ................................................................................ 128,849 128,849 

Evacuation of DoD Personnel ................................................................................................. 21,466 21,466 

Temporary Continuing Operations .......................................................................................... 19,745 19,745 

Facilities Restoration (SRM) ................................................................................................... 310,024 310,024 

Total Operation and Maintenance, Navy Reserve ......................................................... 480,084 480,084 

Operation and Maintenance, Marine Corps Reserve: 

Evacuation of DoD Personnel ................................................................................................. 3,537 3,537 


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[In thousands of dollars] 

Account Request Conference 

Temporary Continuing Operations .......................................................................................... 11,700 11,700 

Facilities Restoration (SRM) ................................................................................................... 1,094 1,094 

Total Operation and Maintenance, Marine Corps Reserve ........................................... 16,331 16,331 

Operation and Maintenance, Air Force Reserve: 

Temporary Continuing Operations .......................................................................................... 449 449 

Equipment Repair and Replacement ..................................................................................... 1,917 1,917 

Total Operation and Maintenance, Air Force Reserve ................................................... 2,366 2,366 

Operation and Maintenance, Army National Guard: 

Army National Guard Support (Non-SRM) .............................................................................. 42,803 42,803 

Urgent Repair and Recovery (Non-SRM) ................................................................................ 6,200 6,200

Temporary Continuing Operations .......................................................................................... 635 635 

Facilities Restoration (SRM) ................................................................................................... 49,217 49,217 

Total Operation and Maintenance, Army National Guard ............................................. 98,855 98,855 

Operation and Maintenance, Air National Guard: 

Urgent Repair and Recovery (Non-SRM) ................................................................................ 25,449 25,449 

Temporary Continuing Operations .......................................................................................... 9,080 9,080 

Facilities Restoration (SRM) ................................................................................................... 13,557 13,557 

Total Operation and Maintenance, Air National Guard ................................................ 48,086 48,086 

Total Operation and Maintenance ................................................................................. 1,952,218 1,953,318 

Additional funds are provided in the operation and maintenance accounts to address a broad spectrum of hurricane-related 

relief and recovery activities including repair of Department of Defense facilities, establishment of alternate operating sites for displaced military functions and sustainment of temporary continuing 

operations. Funds will support the repair and replacement of 

equipment, debris removal, hazardous waste cleanup and disposal, 

utility and electrical repair, furniture replacement, and transportation costs. Additionally, funding will provide for the reestablishment of recruiting centers and Reserve Officer Training campus 

sites. The funds provided will support the evacuation and 

sustainment of Active and Reserve Component personnel, federal 

civilian employees, and their dependents. Funds also are provided 

in support of Army and Air National Guard storm related activities 

including flying hours, ground support, aviation technical assistance, supplies and repairs. 

PROCUREMENT

The following table provides details of the recommendations for 

the procurement accounts: 

[In thousands of dollars] 

Account Request Conference 

Procurement of Weapons and Tracked Combat Vehicles, Army: 

Lightweight (LW) 155mm Howitzer ............................................................................................. 1,600 1,600 

Total Procurement of WTCV, Army ................................................................................. 1,600 1,600 


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[In thousands of dollars] 

Account Request Conference 

Procurement of Ammunition, Army: 

Mississippi Ammunition plant repairs ................................................................................... 1,000 1,000 

Total Procurement of Ammunition, Army ...................................................................... 1,000 1,000 

Other Procurement, Army: 

Family of Heavy Tactical Vehicles (FHTV) Movement Tracking System (MTS) ...................... 42 42 

Automated Data Processing Equipment ................................................................................. 90 90 

Radio Frequency in Transit Visibility (RFITV) ......................................................................... 175 175 

Medical Comm for Combat Casualty Care (MC4) ................................................................. 175 175 

Force Provider ......................................................................................................................... 908 908 

Armored Security Vehicles ...................................................................................................... — 42,000 

Total Other Procurement, Army ..................................................................................... 1,390 43,390 

Aircraft Procurement, Navy: 

Precision Approach Radar Trainers—NAS New Orleans ........................................................ 96 96 

Calibration Standards Equipment—NS Algiers ..................................................................... 3,760 3,760 

Total Aircraft Procurement, Navy .................................................................................. 3,856 3,856 

Procurement of Ammunition, Navy and Marine Corps: 

5 Inch/55 Gun Ammunition .................................................................................................... 601 601 

76MM Gun Ammunition .......................................................................................................... 166 166 

Other Ship Gun Ammunition .................................................................................................. 649 649 

Small Arms and Landing Party Ammunition ......................................................................... 744 744 

Pyrotechnics and Demolition Material .................................................................................... 440 440

Total Procurement of Ammunition, Navy and Marine Corps ........................................ 2,600 2,600 

Shipbuilding and Conversion, Navy: 

Total Shipbuilding and Conversion, Navy ..................................................................... 1,987,000 1,987,000

Other Procurement, Navy: 

ATC Radar—NAS New Orleans .............................................................................................. 100 100 

Precision Approach Radar—NAS New Orleans ...................................................................... 160 160 

Deployable Joint Command and Control System ................................................................... 175 175 

Navy Standard Integrated Personnel System ......................................................................... 150 150 

Military Construction Support Equipment Under $5 Million .................................................. 2,514 2,514 

Construction and Maintenance Equipment ............................................................................ 7,840 7,840 

Tactical Vehicles—Naval Construction Battalion Center ...................................................... 846 846 

Digital Phone Systems ............................................................................................................ 27,581 27,581 

Trailers for Classrooms, Child Development Centers, Etc. .................................................... 30,000 17,000 

SPAWAR Systems Center ........................................................................................................ 13,250 13,250 

BUPERS Generator .................................................................................................................. 1,659 1,659 

Back-Up Power Supply—Stennis Space Center .................................................................... 4,000 4,000 

Oceanographic Survey Equipment—Stennis Space Center ................................................... 1,400 1,400 

Total Other Procurement, Navy ...................................................................................... 89,675 76,675 

Other Procurement, Air Force: 

Replacement of vehicles at Keesler AFB ............................................................................... 2,803 2,803 

Host & Remote Voice Systems ............................................................................................... 22,377 22,377 

Data Systems—Information Transport Node (ITN) ................................................................ 2,163 2,163 

Data Systems—End Building Node (EBN) ............................................................................. 24,676 24,676 

Data Systems—SIPRNet (TACLANE) ....................................................................................... 418 418 

Data Systems—First 400′ Core 1 & 2 Buildings ................................................................. 12,029 12,029 

Data Systems—Video—Closed Circuit TV ............................................................................ 259 259 

Network Control Center ........................................................................................................... 7,150 7,150 

Flight Support (ATCALS) ......................................................................................................... 3,795 3,795 

Flight Support Air Traffic Control Tower ................................................................................ 2,145 2,145 

Security Systems ..................................................................................................................... 3,000 3,000 

Command Post Communications ........................................................................................... 1,936 1,936 

ROVER III model 301 video downlink ..................................................................................... 57 57 

Training Communications Equipment .................................................................................... 22,728 22,728 


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[In thousands of dollars] 

Account Request Conference 

Air National Guard Switching Equipment .............................................................................. 3,051 3,051

Communications System Support ........................................................................................... 33 33 

Deployable Communications ................................................................................................... 7,985 —

General Training Equipment ................................................................................................... 27,500 27,500 

BEAR Kits ................................................................................................................................ 25,645 25,645 

ANG Generators ....................................................................................................................... 330 330 

ANG Firefighting Equipment ................................................................................................... 220 220 

Total Other Procurement, Air Force ............................................................................... 170,300 162,315 

Procurement, Defense-Wide: 

SOCOM Equipment Replacement ................................................................................... 12,082 12,082 

Total Procurement, Defense-Wide .................................................................................. 12,082 12,082 

National Guard and Reserve Equipment: 

National Guard Equipment (Army National Guard) ............................................................... 19,260 19,260 

Total National Guard and Reserve Equipment ............................................................. 19,260 19,260 

Total Procurement .......................................................................................................... 2,288,763 2,309,778 

OVERSIGHT OF PROCUREMENT PROGRAMS

The conference agreement provides $1,987,000,000 for extraordinary shipbuilding and ship repair costs and $42,000,000, above 

the budget request, for production of the Army Armored Security 

Vehicle (ASV). This funding is intended to cover costs relating to 

real property damage, including damage to government- and contractor-furnished equipment; cleanup of facilities; business interruption, to include idle payroll; temporary housing and transportation for employees; and additional business expenses, including 

but not limited to power, security, information technology support, 

and necessary equipment rentals. 

The conferees believe these expenses require special oversight 

by the Department of Defense and the Congress. Accordingly, the 

conferees direct that none of the funds provided for ‘‘Shipbuilding 

and Conversion, Navy’’ or for the Army ASV shall be obligated or 

expended until 30 days after the Secretary of the Navy or Secretary of the Army, as applicable, submits a report to the House 

and Senate Committees on Appropriations certifying that the increased direct and indirect costs relating to contractor-funded programs are: (a) incurred or required to be incurred for hurricane relief; (b) not subject to reimbursement by any third party (e.g., 

FEMA or private insurer); and (c) directly allocable to the program 

for which funds are being provided. All such costs shall be subject 

to review, audit, and validation by appropriate management officials of the military service, including the Government Procurement Contracting Officer and service audit teams. Approved costs 

will be reimbursed as they are incurred with no application of general and administrative overhead or profit. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

The following table provides details of the recommendations for 

the Research, Development, Test and Evaluation accounts: 


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Account Request Conference 

RDT&E, Navy: 

Composite watercraft ............................................................................................................. 11,600 750 

Advanced Electric Ship Demonstrator Composite Deckhouse ................................................ 1,000 200 

Ocean Engineering Technology Development ......................................................................... 237 237 

Test and Evaluation Support—AUTEC Damage Repair ......................................................... 775 775 

Classified Project .................................................................................................................... 13,500 —

MK–48 ADCAP Torpedo ........................................................................................................... 500 500 

Total RDT&E, Navy ......................................................................................................... 27,612 2,462 

RDT&E, Air Force: 

Test and Evaluation Support .................................................................................................. 1,900 1,900 

Facilities Restoration and Modernization—T&E Support ...................................................... 4,300 4,300 

Total RDT&E, Air Force .................................................................................................. 6,200 6,200 

RDT&E, Defense-Wide: 

DIMHRS ................................................................................................................................... 32,720 32,720 

Total RDT&E, Defense-Wide ........................................................................................... 32,720 32,720 

Total RDT&E ................................................................................................................... 66,532 41,382 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

The conference agreement includes $7,224,000 for Defense 

Working Capital Funds for transportation and contingency operations costs for the Defense Logistics Agency, for the replacement 

of commissary stock and equipment, and for the replacement of 

equipment for Air Force Working Capital Fund entities. 

TRUST FUNDS

SURCHARGE COLLECTIONS, SALES OF COMMISSARY STORES, DEFENSE

The conference agreement includes $44,341,000 for Surcharge 

Collections, Sales of Commissary Stores, Defense, to rebuild commissaries at Keesler Air Force base and Gulfport Naval Construction Battalion Center. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

The conference agreement provides $201,550,000 for the Defense Health Program, of which $172,958,000 shall be for Operation and Maintenance, and of which $28,592,000 shall be for Procurement. This funding will provide for healthcare for guard and 

reserve members activated for duty, replacement of medical supplies and equipment, backfilling deployed medical personnel and 

increases in private sector care costs. 

KEESLER MEDICAL CENTER

Evacuations and damages at military medical facilities along 

the Gulf Coast demonstrated the need to improve the procedures 


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for inventory management and for medical record management to 

provide a seamless transition of medical care between facilities. 

Within the funds made available for repair and recovery of the 

Keesler Medical Center, the Air Force is encouraged to continue 

their initiative of making medical records available electronically 

for health care providers and for establishing an automated inventory management system using RFID technology. 

OFFICE OF THE INSPECTOR GENERAL

The conferees have agreed to provide a total amount of 

$310,000 for the Office of the Inspector General. Of this amount 

$30,000 is for the relocation of the Inspector General’s office in Slidell, Louisiana, and $280,000 is for replacement and repair of 

storm damaged equipment in the Inspector General’s office, Slidell, 

Louisiana. 

GENERAL PROVISIONS—THIS CHAPTER

Chapter 2 of this title contains five general provisions. A description of the recommended general provisions follows. 

The conferees agree to include language which provides for 

transfer between appropriations of up to $500,000,000 of the funds 

made available to the Department of Defense in this chapter, and 

provides for prompt notification to the Congress of each transfer 

made under this authority. The transfer authority provided in this 

section is in addition to any other transfer authority available to 

the Department of Defense. 

The conferees agree to include language which provides that 

military members on active duty in support of hurricanes in the 

Gulf of Mexico in calendar year 2005 may retain accumulated 

leave, not to exceed 120 days at the end of fiscal year 2005. 

The conferees agree to include language which provides that 

the Secretary of Defense may prescribe a temporary adjustment in 

the geographic location rates of the basic allowance for housing 

within an area declared a major disaster under the Robert T. Stafford Disaster Relief and Emergency Act resulting from hurricanes 

in the Gulf of Mexico in calendar year 2005. Such temporary adjustment shall be based on the Secretary’s redetermination of housing costs and shall not exceed 20 percent of the current rate for an 

affected area. Members must certify that an increased housing cost 

has been incurred. No temporary adjustment may be made after 

September 30, 2006, and assistance may not extend beyond January 1, 2007. 

The conferees agree to include language which provides that 

funds appropriated in this chapter for intelligence activities are 

deemed to be authorized for purposes of section 504 of the National 

Security Act of 1947. 

The conferees agree to include language that makes general reduction of $737,089,000. 


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CHAPTER 3 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The conference agreement provides emergency funding to address water resource projects damaged by Hurricanes Katrina, 

Rita, Ophelia and Wilma. The funding provided in this chapter is 

based on Corps of Engineers’ estimates of the requirements of all 

areas of the Nation impacted by these hurricanes. The conferees 

expect the funds provided herein shall be expended substantially in 

accordance with those estimates. 

INVESTIGATIONS

Funds totaling $37,300,000 are provided to expedite ongoing 

studies in the areas recently affected by recent hurricanes, as 

shown below: 

Louisiana Coastal Area Ecosystem Restoration, LA .......................... $11,000,000 

Hurricane Protection, LA ...................................................................... 12,000,000 

Hurricane Protection, MS ..................................................................... 10,000,000 

Plaquemines Parish, Urban Flood Control, LA ................................... 1,200,000 

St. Bernard Parish Urban Flood Control, LA ..................................... 1,200,000 

St. Charles Parish Urban Flood Control, LA ...................................... 1,100,000 

Southwest Coastal Louisiana, LA ........................................................ 500,000 

Bouge Banks, NC ................................................................................... 100,000 

Hatteras and Ocracoke Islands, NC ..................................................... 100,000 

Surf City and North Topsail Beach, NC .............................................. 100,000 

The conference agreement includes $11,000,000 for the Louisiana Coastal Area Ecosystem study. These funds, together with 

$10,000,000 provided in the Energy and Water Development Appropriations Act, 2006, provide the amounts necessary to continue 

the Louisiana Coastal Plan this fiscal year. Within these amounts, 

funds are provided for hurricane or storm damage assessment, including coastal data collection. 

The conference agreement includes a provision that withholds 

funding provided for the Louisiana Hurricane Protection Study in 

this Act until the State of Louisiana establishes a single state or 

quasi-state entity to act as the local sponsor for construction, operation and maintenance for all hurricane, storm damage reduction 

and flood control projects in the greater New Orleans and southeast Louisiana area. The conferees expect that no funds shall be 

available for the final report after the completion of the preliminary technical report until a functioning single entity is established 

by the State to meet local responsibilities for Federal projects. 

CONSTRUCTION

Funds totaling $101,417,000 are provided to repair flood and 

storm damage reduction, commercial navigation and other projects 

damaged by Hurricanes Katrina, Rita, Ophelia and Wilma. 

Citing a lack of authorization, the conferees did not provide the 

request of $250,000,000 for coastal mitigation; however, a total of 

$96,000,000 is available in fiscal year 2006 for activities related to 

improving the Gulf Coast coastal wetlands to reduce the risk of 


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storm damage to the greater New Orleans metropolitan area. In 

this Act, $11,000,000 is provided to further the Louisiana Coastal 

study in the Investigations account, together with $10,000,000 provided in the Energy and Water Development Appropriations Act, 

2006. In addition, $75,000,000 is provided in this Act in the Operations and Maintenance account for authorized activities to preserve and maintain existing wetlands, enhance estuarine habitat 

and provide erosion protection for hurricane protection projects. 

The conferees encourage the Administration to submit a legislative 

proposal to the appropriate authorizing committees for full and further consideration. 

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI AND TENNESSEE

Funds totaling $153,750,000 are provided to repair levees; remove hazards to navigation; cover the increased cost of mat laying 

operations due to storm impacts; repair damaged training works, 

including dikes; and repair damaged levees to provide protection 

from riverine flooding resulting from Hurricanes Katrina and Rita. 

OPERATION AND MAINTENANCE

Funds totaling $327,517,000 are provided to restore navigation 

channels and harbors to pre-storm conditions and to repair flood 

damage reduction and other projects in states affected by Hurricanes Katrina, Rita, Ophelia and Wilma. Of this amount, 

$75,000,000 is provided for authorized operation and maintenance 

activities to enhance estuarine habitats through monitoring and 

control of marine and river flow and reef building initiatives and 

providing foreshore bank protection in the form of revetment and 

rock placement to protect endangered wetlands and provide erosion 

protection for hurricane protection projects along the Mississippi 

River-Gulf Outlet Channel. The expenditure of funds shall be limited to those activities necessary for the protection of existing wetlands, navigation, flood and storm damage reduction projects along 

the Mississippi River-Gulf Outlet Channel and funds shall not be 

expended on any project that would otherwise preclude or foreclose 

any final disposition of the navigation channel; funds are not available to conduct any dredging of the Mississippi River-Gulf Outlet 

Channel. 

FLOOD CONTROL AND COASTAL EMERGENCIES

Funds totaling $2,277,965,000 are provided to continue repairs 

to flood and storm damage reduction projects in states affected by 

Hurricanes Katrina, Rita, Ophelia and Wilma. Funds are provided 

to fund at full Federal expense repairs to non-federal levees and 

pumps and to construct levees and floodwalls to original design levels rather than pre-storm conditions. Within the funds provided, 

$75,000,000 shall be available to accelerate completion of authorized projects in the State of Mississippi along the Mississippi Gulf 

Coast. 

Further, this amount includes $544,460,000 to accelerate the 

completion of unconstructed portions of authorized hurricane, 


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storm damage reduction and flood control projects in the greater 

New Orleans and south Louisiana area, as follows: 

New Orleans to Venice, LA ................................................................... $32,487,000 

West Bank and Vicinity, LA ................................................................. 147,614,000 

Lake Pontchartrain and Vicinity, LA ................................................... 120,554,000 

Southeast Louisiana, LA ....................................................................... 224,755,000 

Larose to Golden Meadow, LA .............................................................. 4,026,000 

Grand Isle, LA ....................................................................................... 15,024,000 

The conference agreement includes $70,000,000 to prepare for 

flood, hurricane and other natural disasters and support emergency 

operations, repairs, and other activities in response to flood and 

hurricane emergencies, as authorized by law. Funding is provided 

to cover annual recurring costs of the program as well as costs related to recent natural disasters. The Army Corps of Engineers is 

directed to include recurring annual funding requirements for this 

program in its fiscal year 2007 budget request and to address 

event-related costs in the appropriate emergency supplemental requests. 

The conference agreement includes approximately 

$468,000,000 to reimburse projects from which funds were transferred to meet emergency requirements. 

GENERAL EXPENSES

Funds totaling $1,600,000 are provided for additional oversight 

and management costs associated with Hurricanes Katrina and 

Rita. 

CHAPTER 4 

DEPARTMENT OF HOMELAND SECURITY 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

OFFICE OF POLICY

The conferees agree to clarify Public Law 109–90 does not include an increase of $1,512,000 and 3 full-time equivalent positions 

for the Embassy Baghdad Initiative requested in the President’s 

Fiscal Year 2006 Budget. Public Law 109–90 does include the 

transfer of $5,176,000 to the Office of Policy for the Border and 

Transportation Security Policy Office and Operations staff. Any fiscal year 2005 funding for a Department of Homeland Security 

(DHS) attache ́ in Baghdad included in this amount is continued in 

fiscal year 2006 at the fiscal year 2005 level. The conferees prohibit 

the use of any funds available to the Department for increasing resources for the Embassy Baghdad Initiative beyond the fiscal year 

2005 level without approval of a reprogramming notification submitted pursuant to Section 503 of Public Law 109–90. The conferees provide this clarification to ensure the Department’s actions 

are consistent with the intent of the Committees as indicated in 

the Statement of Managers accompanying the fiscal year 2006 appropriations conference report. The Department is directed to submit within 15 days of enactment of this Act to the House and Senate Committees on Appropriations a fiscal year 2006 program, 

project, and activity breakdown of the funding and staffing level of 


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the Office of Policy including the $5,176,000 transfer for the Office 

of Policy. 

CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

The conferees agree to provide $24,100,000 instead of 

$27,100,000 as proposed by the President to repair and replace critical information technology, equipment, and property damaged by 

Hurricane Katrina and other natural disasters. 

CONSTRUCTION

The conferees agree to provide $10,400,000 for planning, engineering, and other equipment for structures damaged by Hurricane 

Katrina and other natural disasters instead of $26,700,000 as proposed by the President. The conferees are aware of uncertainty associated with the replacement of various facilities damaged by recent hurricanes and direct Customs and Border Protection to submit to the House and Senate Committees on Appropriations a detailed estimate of the total cost of replacing these facilities once relocation sites and total costs are determined. Funds are available 

until expended. 

IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

The conferees agree to provide $13,000,000, instead of 

$13,848,000 as requested by the President to repair and replace 

critical information technology, communications equipment, and facilities damaged by Hurricane Katrina and other natural disasters. 

UNITED STATES COAST GUARD

OPERATING EXPENSES

The conferees agree to provide $132,000,000 instead of 

$139,300,000 as requested by the President for clean-up and repair 

needs at facilities damaged by Hurricane Katrina and other natural disasters; activation of reservists to assist in hurricane recovery efforts; and repair and replacement of equipment, materials, 

and supplies lost due to these hurricanes. Funds are available until 

expended. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

The conferees agree to provide $74,500,000 instead of 

$136,660,000 as proposed by the President for major repair and reconstruction projects at facilities damaged by Hurricane Katrina 

and other natural disasters, and for damage to vessels currently 

under construction. The conferees are aware of uncertainty associated with the replacement of the New Orleans Integrated Support 

Command. The conferees agree to provide funding for the survey, 

planning, and engineering costs related to this facility and direct 

the Coast Guard to submit to the House and Senate Committees 

on Appropriations a detailed estimate for the total cost of replacing 


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this facility once a relocation site is determined. Funds are available until expended. 

OIL SPILL LIABILITY

The conferees understand over 3,800 oil spills have been 

caused by Hurricanes Katrina and Rita, with more than 8 million 

gallons of oil spilled from Hurricane Katrina alone. Currently, oil 

pollution response costs are being funded from the Federal Emergency Management Agency (FEMA) Disaster Relief Fund (DRF). 

However, the DRF will not pay for long-term oil removal costs and 

natural resource damages, leaving a significant funding gap not addressed in the supplemental request. While oil removal costs and 

damage claims may be eligible under the Oil Spill Liability Trust 

Fund (OSLTF), costs related to Hurricane Katrina are expected to 

easily exceed $1,000,000,000, leaving the existing balance of 

$750,000,000 in the OSLTF in jeopardy. The Department is directed to provide the House and Senate Appropriations Committees 

an analysis of the projected impacts to the OSLTF for any Oil Pollution Act removal and damage costs resulting from Hurricanes 

Katrina and Rita, and a plan to address the expected funding 

shortfall. This report is due no later than March 15, 2006. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

The conferees agree to provide $3,600,000 for equipment, vehicle replacement, and personnel relocation due to damage caused by 

Hurricane Katrina and other natural disasters. 

OFFICE FOR DOMESTIC PREPAREDNESS

STATE AND LOCAL PROGRAMS

The conferees agree to provide $10,300,000 for replacement 

equipment for the Prepositioned Equipment Program utilized during Hurricane Katrina. 

The conferees agree notification required by Section 508 of 

Public Law 109–90 shall include any announcements of grant eligibility in which the Department limits the number or type of potential grantees. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

ADMINISTRATIVE AND REGIONAL OPERATIONS

The conferees agree to provide $17,200,000 instead of $87,100,000 as requested by the President to repair and improve 

warning and crisis communication systems, and to ensure proper 

controls are in place over the expenditure and management of 

funds for hurricane response and recovery. 

PUBLIC HEALTH PROGRAMS

The conferees are concerned about the National Disaster Medical System (NDMS). The conferees direct the Chief Medical Officer 

to provide a report to the House and Senate Committees on Appropriations by April 30, 2006, outlining the goals of NDMS, the abilVerDate Aug 31 2005 00:28 Dec 31, 2005 Jkt 025159 PO 00000 Frm 00503 Fmt 6601 Sfmt 6602 E:\HR\OC\HR359.XXX HR359

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ity of the current program to meet these goals, the resources (people, training, and funding) required to maintain a system design to 

rapidly meet nationwide disaster medical needs, and the appropriate roles of DHS and the Department of Health and Human 

Services in the oversight and management of this critical program. 

The conferees are aware of FEMA’s intention to use the authority provided by Public Law 109–62 to transfer up to 

$100,000,000 for the NDMS to support medical care as authorized 

by Public Law 107–188. The conferees direct FEMA to provide to 

the House and Senate Committees on Appropriations by February 

28, 2006, a spend plan for the amount transferred, including the 

amounts obligated and expended as of the date of the report, the 

methods used for allocating funds, and the rules established regarding the expenses eligible for payment from this appropriation. 

DISASTER RELIEF

(TRANSFER OF FUNDS)

The conferees agree to transfer $1,500,000 from the Disaster 

Relief Fund for administrative expenses of the Community Disaster 

Loan program. This funding is in addition to the $1,000,000 made 

available for transfer in Public Law 109–88. The conferees agree 

the Department shall notify the House and Senate Committees on 

Appropriations no later than 15 days after a community disaster 

loan has been awarded. Such notification shall include the amount 

of the loan, a brief assessment of the borrower’s financial position, 

reasons for the necessity of the loan, and a description of the essential services to be provided through the loan. 

The conferees believe a comprehensive long-term recovery plan 

is critical for the rehabilitation of the Gulf Coast and should be implemented as quickly as possible. The conferees direct the Department to provide this plan to the House and Senate Committees on 

Appropriations by February 28, 2006. The plan should be prepared 

in coordination with state and local officials as well as other Federal agencies involved in recovery efforts. 

The conferees are concerned with the lack of guidance on housing assistance. Within two weeks from the date of enactment of 

this Act, the Director of FEMA shall issue guidance used to determine continued eligibility for housing assistance under the Section 

408 program. Consistent with current FEMA regulations, such 

guidance shall include the extension of assistance if the recipient 

is unable to afford local housing at the Fair Market Rent level. 

GENERAL PROVISION—THIS CHAPTER

SEC. 401. The conferees include a general provision allowing 

the Secretary of Homeland Security to permit active duty personnel 

who performed duties in response to the hurricanes to carryover accumulated leave until the end of fiscal year 2007. 


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CHAPTER 5 

DEPARTMENT OF THE INTERIOR 

UNITED STATES FISH AND WILDLIFE SERVICE

CONSTRUCTION

The conference agreement provides $30,000,000 for construction costs of the United States Fish and Wildlife Service related to 

Hurricanes Katrina, Rita, Wilma, and Ophelia. These funds will be 

used for repair and reconstruction and operational costs incurred 

in responding to and cleaning up from the storms. In addition to 

repair and reconstruction of Federal facilities, the funds should be 

used to repay construction projects from which funds were transferred on an emergency basis. They also are available to pay for 

un-reimbursed overtime and operational costs. 

NATIONAL PARK SERVICE

CONSTRUCTION

The conference agreement provides $19,000,000 for construction costs of the National Park Service related to Hurricanes 

Katrina, Rita, and Wilma. These funds will be used for repair and 

reconstruction and operational costs incurred in responding to and 

cleaning up from the storms. In addition to repair and reconstruction of Federal facilities, the funds should be used to repay construction projects from which funds were transferred on an emergency basis. They also are available to pay for un-reimbursed overtime and operational costs. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The conference agreement provides $5,300,000, as requested, 

for surveys, investigations, and research costs of the United States 

Geological Survey. The funds are for facility and equipment repair 

and replacement needs, including stream gage repair and replacement, at Survey sites in the Southeast that were damaged by Hurricanes Katrina and Rita. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

The conference agreement provides $16,000,000 for royalty and 

offshore minerals management. The funds are provided for the 

temporary relocation of the Minerals Management Service’s Gulf of 

Mexico regional office from Louisiana to Houston, TX; including immediate recovery costs to purchase new equipment, locate temporary offices and additional personnel, and operational costs incurred as a result of the hurricanes during the first six months 

after the events. 


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ENVIRONMENTAL PROTECTION AGENCY

LEAKING UNDERGROUND STORAGE TANK PROGRAM

The conference agreement provides $8,000,000 for the leaking 

underground storage tank program. These funds will be used to address the most immediate underground storage tank needs in areas 

affected by Hurricanes Katrina and Rita; including site assessments of leaking tanks to identify problems and initiate appropriate corrective actions. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

STATE AND PRIVATE FORESTRY

The conference agreement provides $30,000,000 for State and 

private forestry instead of providing the $50,000,000 requested for 

a new forestry disaster assistance fund. The managers believe that 

the proposed new fund is unnecessary in that the activities that 

would be funded, including assistance to timber land owners for debris removal, timber salvage, wildfire mitigation, and wildlife habitat stabilization, are more appropriately funded within authorized 

activities under the existing State and private forestry account. 

The funding provided should be used for urgently needed activities 

associated with Hurricanes Katrina and Rita recovery, clean-up, 

and restoration. The managers direct the Secretary of Agriculture 

to notify the House and Senate Committees on Appropriations on 

the proposed distribution of funds at least ten days before allocating these funds to the field. 

NATIONAL FOREST SYSTEM

The conference agreement provides $20,000,000 for the national forest system for urgently needed activities associated with 

Hurricanes Katrina and Rita recovery, clean-up, and restoration. A 

portion of these funds may be used for hazardous fuels reduction 

activities on national forest system lands. The managers direct the 

Secretary of Agriculture to notify the House and Senate Committees on Appropriations on the proposed distribution of funds at 

least ten days before allocating these funds to the field. 

CAPITAL IMPROVEMENT AND MAINTENANCE

The conference agreement provides $7,000,000 for capital improvement and maintenance to repair roads and to repair or replace hurricane damaged bridges and other facilities in National 

Forests affected by Hurricanes Katrina and Rita. 


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CHAPTER 6 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

The conference agreement includes a supplemental appropriation of $125,000,000 for the Employment and Training Administration to award national emergency grants related to the consequences of hurricanes in the Gulf of Mexico in calendar year 

2005. These funds may be used to replace grant funds previously 

obligated to the impacted areas. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

The conference agreement includes language that extends the 

availability of funds provided under this heading in Public Law 

108–447, which have been allocated to the States of Alabama, Louisiana, and Mississippi. The funding shall remain available for obligation by those States through September 30, 2006 and funds used 

for automation by those States shall remain available through September 30, 2008. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

ADMINISTRATION FOR CHILDREN AND FAMILIES

SOCIAL SERVICES BLOCK GRANT

The conference agreement includes a supplemental appropriation of $550,000,000 for the Social Services Block Grant (SSBG). 

The conferees note that the hurricanes in the Gulf of Mexico in calendar year 2005 have imposed extreme demands for social and 

health care services in affected States. States may use SSBG funds 

for a wide array of human services. 

In addition to other uses, the conferees intend these funds to 

be available to help meet the health care needs of people affected 

by the hurricanes in the Gulf of Mexico in calendar year 2005 and 

lacking health insurance or other adequate access to care, and to 

help health care ‘‘safety net’’ providers restore and resume their operations. Accordingly, the conferees have included bill language intended to remove any uncertainties as to the eligibility of health 

care providers and facilities (including mental health providers and 

facilities) to receive Social Services Block Grant funds from this appropriation. Examples of institutions that could receive these funds 

include community health centers, rural hospitals and clinics, community mental health centers, public hospitals, and other providers 

with substantial percentages of uninsured patients. In addition to 

helping meet health care needs arising from the hurricanes, funds 

may be made available for repairs or reconstruction needed to 

allow health centers and similar providers to resume or expand operations, or to help key providers meet salary and other costs associated with resuming or restoring health services. 


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The conferees are concerned about the mental health impact of 

the hurricanes in the Gulf of Mexico in calendar year 2005. The 

Centers for Disease Control and Prevention (CDC) reports that as 

many as 500,000 Gulf Coast residents might need mental health 

care. The conferees encourage the Secretary to work with State 

governments in the region to ensure that adequate funding is available, within the amounts appropriated, for community safety net 

providers to meet this emerging public mental health crisis. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

The conference agreement includes a supplemental appropriation of $90,000,000 for Head Start to serve children displaced by 

the hurricanes in the Gulf of Mexico in calendar year 2005 and to 

cover costs associated with renovating Head Start facilities, which 

were affected by the hurricanes, to the extent that FEMA and insurance companies do not fully cover such costs. 

DEPARTMENT OF EDUCATION 

The conference agreement includes a supplemental appropriation of $750,000,000 for immediate aid to restart school operations 

and reimburse States for costs already incurred in reopening 

schools affected by the Gulf hurricanes. This funding is to be distributed to State educational agencies in Louisiana, Mississippi, 

Alabama, and Texas for assistance to schools that were impacted 

by the hurricanes in the Gulf of Mexico in calendar year 2005. The 

State educational agencies shall provide services and assistance to 

local educational agencies and non-public schools consistent with 

provisions outlined in section 102 of title IV, division B of this Act. 

The conference agreement includes a supplemental appropriation of $5,000,000 for assistance for homeless children and youths 

displaced by the hurricanes in the Gulf of Mexico in calendar year 

2005 consistent with provisions outlined in section 106 of title IV, 

division B of this Act. 

The conference agreement includes a supplemental appropriation of $645,000,000 for temporary emergency impact aid for displaced students during the 2005–2006 school year. This funding is 

to be distributed to eligible schools that serve students who were 

displaced by the hurricanes in the Gulf of Mexico in calendar year 

2005. Public, private, and charter schools are eligible for assistance 

consistent with provisions outlined in section 107 of title IV, division B of this Act. 

The conference agreement includes a supplemental appropriation of $200,000,000 to assist college students and higher education 

institutions with unanticipated expenses associated with the hurricanes in the Gulf of Mexico in calendar year 2005. Within the 

amount provided, $95,000,000 is for the Mississippi Institutes of 

Higher Learning for additional student financial aid for students 

and families impacted by the Gulf hurricanes. The conferees intend 

for these funds to be made available for assistance to any eligible 

student attending a title IV eligible institution, including independent colleges and universities, private institutions, community 

colleges, junior colleges, and graduate institutions. 


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Of the amount provided, $95,000,000 is for the Louisiana 

Board of Regents, which may be used to provide emergency assistance for student financial assistance, faculty salaries, or any purpose authorized under the Higher Education Act, to institutions of 

higher education that are located in an area affected by the Gulf 

hurricanes. The conferees intend for these funds to be used only for 

authorized purposes at the impacted institutions of higher education; allocated only to affected postsecondary educational institutions that were forced to suspend operations for 30 days or more; 

and distributed primarily to those institutions demonstrating that 

they were not able to re-open in existing facilities or fully re-open 

to pre-Gulf hurricane levels. The conferees intend for these funds 

to supplement and not supplant any portion of an institution’s 

State support. In allocating these funds, the conferees strongly 

urge the Board to consult with the presidents or chancellors of the 

eligible colleges and universities and equitably allocate funding, 

within 45 days, based only on the need criteria agreed to by these 

officials. 

The Committees on Appropriations of the House and Senate 

request that the Department submit a report not later than March 

1, 2006 on the obligation and allocation of these supplemental 

funds provided under the Higher Education Act. 

CHAPTER 7 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION

Military Construction Projects Repaired Using Operation and 

Maintenance Funds.—The conferees understand that all military 

construction projects requested by the President which have not 

been included in the agreement have been, or will be, repaired 

using operation and maintenance funds, rather than requiring replacement through military construction. Each military Service or 

Defense agency shall notify the Committees on Appropriations of 

both Houses of Congress, within seven days after the decision to 

execute, if a repair project is carried out with operation and maintenance funds in lieu of a project appropriated in this chapter. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

The agreement provides $291,219,000, instead of $314,629,000 

as proposed in the reallocation request dated October 28, 2005. The 

funds are provided as follows: 

Location Project description Request Conference 

Agreement 

MS: NCBC Gulfport ........................ Applied Electronics/Water Treatment Training Facility.1,910,000 1,910,000 

MS: NCBC Gulfport ........................ Armory ........................................................................ 4,600,000 4,600,000 

MS: NCBC Gulfport ........................ Auto Vehicle Training Shop ....................................... 940,000 940,000 

MS: NCBC Gulfport ........................ Bachelor Enlisted Quarters ........................................ 13,400,000 13,400,000 

MS: NCBC Gulfport ........................ Bachelor Enlisted Quarters—NCTC ........................... 20,700,000 20,700,000 

MS: NCBC Gulfport ........................ Broad Road Security Improvements .......................... 2,310,000 2,310,000 

MS: NCBC Gulfport ........................ Builders Applied Instruction Facility ......................... 13,400,000 13,400,000 

MS: NCBC Gulfport ........................ Command and Control Facility .................................. 5,530,000 5,530,000 

MS: NCBC Gulfport ........................ Comprehensive Utilities Hardening ........................... 20,500,000 20,500,000 


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Location Project description Request Conference 

Agreement 

MS: NCBC Gulfport ........................ Consolidated Professional Development Ctr .............. 8,030,000, 8,030,000 

MS: NCBC Gulfport ........................ Consolidated Public Works Facility ............................ 10,730,000 10,730,000 

MS: NCBC Gulfport ........................ Consolidated Security Complex .................................. 6,900,000 6,900,000 

MS: NCBC Gulfport ........................ Disaster Recovery Training Facility ........................... 6,800,000 6,800,000 

MS: NCBC Gulfport ........................ Pass Road Security Improvements ............................ 2,110,000 2,110,000 

MS: NCBC Gulfport ........................ Pollution Prevention Facility ...................................... 890,000 890,000 

MS: NCBC Gulfport ........................ Sandblast Facility ...................................................... 1,410,000 1,410,000 

MS: NCBC Gulfport ........................ Steelworkers Training Facility .................................... 8,300,000 8,300,000 

MS: NCBC Gulfport ........................ Storm Drainage Improvements .................................. 14,200,000 14,200,000 

MS: NCBC Gulfport ........................ Supply Integrated Logistics Facility .......................... — 33,400,000 

MS: NCBC Gulfport ........................ Tactical Training Facility ........................................... 15,310,000 15,310,000 

MS: NCBC Gulfport ........................ Training Complex ....................................................... 14,610,000 14,610,000 

MS: NCBC Gulfport ........................ Training Hall .............................................................. 6,930,000 6,930,000 

MS: NS Pascagoula ........................ Lakeside Bachelor Enlisted Quarters ‘‘A’’ ................. 28,710,000 —

MS: NS Pascagoula ........................ Lakeside Bachelor Enlisted Quarters ‘‘B’’ ................. 28,100,000 —

MS: Stennis Space Center ............. Boat Operations Building .......................................... 2,920,000 2,920,000 

MS: Stennis Space Center ............. Ocean Sciences Laboratory ........................................ 47,010,000 47,010,000 

MS: Stennis Space Center ............. UPS and Generator Upgrades .................................... 14,400,000 14,400,000 

Worldwide: Unspecified .................. Planning and Design ................................................. 13,979,000 13,979,000 

Total ...................................... .................................................................................... 314,629,000 291,219,000 

MILITARY CONSTRUCTION, AIR FORCE

The agreement provides $52,612,000, instead of $44,305,000 as 

proposed in the reallocation request dated October 28, 2005. The 

funds are provided as follows: 

Location Project description Request Conference 

agreement 

MS: Keesler AFB ............................. Base Personnel Facility .............................................. 3,500,000 —

MS: Keesler AFB ............................. Consolidated Open Mess ........................................... 7,800,000 13,100,000 

MS: Keesler AFB ............................. Fence, Boundary ......................................................... 4,000,000 —

MS: Keesler AFB ............................. Headquarters Group Facility ...................................... 1,000,000 —

MS: Keesler AFB ............................. Interior Fencing .......................................................... 1,000,000 —

MS: Keesler AFB ............................. Munitions Inspection Facility ..................................... 1,300,000 1,300,000 

MS: Keesler AFB ............................. Postal Center ............................................................. 2,500,000 2,500,000 

MS: Keesler AFB ............................. Recreation Center ...................................................... — 10,200,000 

MS: Keesler AFB ............................. Refueler Maintenance Facility ................................... 1,300,000 1,300,000

MS: Keesler AFB ............................. Reserve Forces Operational Training Facility ............ 3,400,000 —

MS: Keesler AFB ............................. Technical Training Lab/Shop—Dolan Hall ................ 1,000,000 —

MS: Keesler AFB ............................. Technical Training Lab/Shop—Hewes Hall ............... 1,000,000 —

MS: Keesler AFB ............................. Temporary Base Exchange ......................................... — 3,800,000 

MS: Keesler AFB ............................. Training Aids Facility ................................................. 11,200,000 11,200,000 

Worldwide: Unspecified .................. Planning and Design ................................................. 5,305,000 9,212,000

Total ...................................... .................................................................................... 44,305,000 52,612,000 

MILITARY CONSTRUCTION, DEFENSE-WIDE

The agreement provides $45,000,000 as proposed in the reallocation request dated October 28, 2005. The funds are provided 

as follows: 

Location Project description Request Conference 

agreement 

MS: Keesler AFB ............................. Central Energy Plant, KMC ........................................ 20,000,000 20,000,000 

MS: Keesler AFB ............................. Diagnostic Imaging Center, KMC .............................. 25,000,000 25,000,000 

Total ...................................... .................................................................................... 45,000,000 45,000,000 


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MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

The agreement provides $374,300,000, instead of $414,118,000 

as proposed in the reallocation request dated October 28, 2005. The 

funds are provided as follows: 

Location Project description Request Conference 

agreement 

LA: Bogalusa .................................. Readiness Center ....................................................... 16,413,000 16,413,000 

LA: Covington ................................. Readiness Center ....................................................... 15,833,000 15,833,000 

LA: Hammond ................................. Readiness Center ....................................................... 40,318,000 40,318,000 

LA: Jackson Barracks ..................... Field Maintenance Shop 12 ....................................... 17,586,000 17,586,000 

LA: Jackson Barracks ..................... Field Maintenance Shop 13 ....................................... 19,308,000 19,308,000 

LA: Jackson Barracks ..................... Infrastructure Replacement ....................................... 21,535,000 21,535,000

LA: Jackson Barracks ..................... Readiness Center ....................................................... 31,041,000 31,041,000 

LA: Jackson Barracks ..................... Barracks Complex ...................................................... 22,130,000 22,130,000 

LA: Marrero ..................................... Readiness Center ....................................................... 19,166,000 19,166,000 

LA: Pineville ................................... Consolidated Maintenance Facility, Ph II/III .............. 37,294,000 37,294,000

LA: Reserve .................................... Readiness Center ....................................................... 15,850,000 15,850,000 

MS: Bay St. Louis .......................... Readiness Center ....................................................... 12,286,000 12,286,000 

MS: Biloxi ....................................... Readiness Center ....................................................... 26,353,000 16,987,000 

MS: Camp Shelby ........................... Readiness Center ....................................................... 12,403,000 —

MS: Columbia ................................. Readiness Center ....................................................... 14,286,000 14,286,000 

MS: Decatur ................................... Field Maintenance Shop ............................................ 12,403,000 12,403,000 

MS: Gulfport ................................... Field Maintenance Shop, Phase 1 ............................. 13,393,000 13,393,000 

MS: Poplarville ............................... Readiness Center ....................................................... 12,500,000 12,500,000 

MS: Purvis ...................................... Readiness Center ....................................................... 12,294,000 —

MS: Wiggins ................................... Readiness Center ....................................................... 12,786,000 12,786,000 

Worldwide: Unspecified .................. Planning and Design ................................................. 28,940,000 23,185,000 

Total ...................................... .................................................................................... 414,118,000 374,300,000 

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

The agreement provides $35,000,000 as proposed in the reallocation request dated October 28, 2005. The funds are provided 

as follows: 

Location Project description Request Conference 

agreement 

Engineering MS: CRTC Gulfport ..... Replace Civil Engineering Complex ........................... 5,900,000 5,900,000 

MS: CRTC Gulfport ......................... Replace Regional Training Site Complex .................. 7,000,000 7,000,000 

MS: CRTC Gulfport ......................... Replace Squadron/Wing Operations Facility .............. 9,000,000 9,000,000 

MS: CRTC Gulfport ......................... Replace Troop Quarters ............................................. 2,400,000 2,400,000 

MS: CRTC Gulfport ......................... Electrical Distribution System ................................... 5,500,000 5,500,000 

MS: CRTC Gulfport ......................... Storm Water System .................................................. 2,300,000 2,300,000 

Worldwide: Unspecified .................. Planning and Design ................................................. 2,900,000 2,900,000

Total ...................................... .................................................................................... 35,000,000 35,000,000 

MILITARY CONSTRUCTION, NAVAL RESERVE

The agreement provides $120,132,000 as proposed in the reallocation request dated October 28, 2005. The funds are provided 

as follows: 

Location Project description Request Conference 

agreement 

LA: NAS/JRB New Orleans .............. Comprehensive Utilities ............................................. 9,060,000 9,060,000 

LA: NAS/JRB New Orleans .............. Fitness Center ............................................................ 9,320,000 9,320,000 

LA: NAS/JRB New Orleans .............. Hangar 263 ................................................................ 33,160,000 33,160,000 

LA: NAS/JRB New Orleans .............. Hangar 4 .................................................................... 23,510,000 23,510,000 

LA: NSA New Orleans ..................... Building 11, Admin Building ..................................... 9,870,000 9,870,000 


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Location Project description Request Conference 

agreement 

LA: NSA New Orleans ..................... Building 252, Public Works Complex ........................ 3,630,000 3,630,000 

LA: NSA New Orleans ..................... Building 703, Bachelor Enlisted Quarters ................. 8,820,OOO 8,820,000 

LA: NSA New Orleans ..................... Building 9, Youth Center ........................................... 4,470,000 4,470,000 

LA: NSA New Orleans ..................... Comprehensive Utilities ............................................. 13,420,000 13,420,000 

Worldwide: Unspecified .................. Planning and Design ................................................. 4,872,000 4,872,000

Total ...................................... .................................................................................... 120,132,000 120,132,000 

FAMILY HOUSING 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

The agreement provides $86,165,000 as proposed in the reallocation request dated October 28, 2005. The funds are provided 

as follows: 

Location Project description Request Conference 

agreement 

MS: Gulfport/Stennis ...................... New Construction Housing ......................................... 81,600,000 81,600,000 

MS: NCBC Gulfport ........................ Housing Office (Metro Conversion) ............................ 1,150,000 1,150,000 

Worldwide: Unspecified .................. Planning and Design ................................................. 3,415,000 3,415,000

Total ...................................... .................................................................................... 86,165,000 86,165,000 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

The agreement provides $48,889,000 as proposed in the reallocation request dated October 28, 2005. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

The agreement provides $278,000,000, instead of $313,000,000 

as proposed in the reallocation request dated October 28, 2005. The 

funds are provided as follows: 

Location Project description Request Conference 

agreement 

MS: Keesler AFB ............................. Construct Family Housing (1,067 Units) ................... 299,500,000 264,500,000 

Worldwide: Unspecified .................. Planning and Design ................................................. 13,500,000 13,500,000 

Total ...................................... .................................................................................... 313,000,000 278,000,000 

Family Housing, Keesler AFB, MS.—The conferees understand 

the need for family housing at Keesler Air Force Base and fully 

support efforts to rebuild lost or damaged units. The conferees further understand the full requirement of $313,000,000 at Keesler 

will be met by the $278,000,000 appropriated in this chapter and 

the $35,854,000 appropriated for family housing at Keesler in the 

Military Construction Appropriations Act, 2005. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

The agreement provides $47,019,000 as proposed in the reallocation request dated October 28, 2005. 


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DEPARTMENT OF VETERANS AFFAIRS 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

The agreement provides $198,265,000 for Medical Services as 

proposed in the reallocation request dated October 28, 2005. 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

The agreement provides $24,871,000 for General Operating Expenses as proposed in the reallocation request dated October 28, 

2005. 

NATIONAL CEMETERY ADMINISTRATION

The agreement provides $200,000 for the National Cemetery 

Administration as proposed in the reallocation request dated October 28, 2005. 

CONSTRUCTION, MAJOR PROJECTS

The agreement provides $367,500,000 for Construction, Major 

Projects. The amount provided is $787,500,000 less than proposed 

in the reallocation request dated October 28, 2005. The agreement 

provides $292,500,000 for the construction of a new hospital at Biloxi, Mississippi consistent with the recommendations of the Capital Asset Realignment for Enhanced Services report, to replace the 

facility destroyed at Gulfport, Mississippi. The agreement does not 

include full funding for a replacement hospital at New Orleans, 

Louisiana at this time because there is insufficient information to 

determine the actual cost. The agreement does include funding of 

$75,000,000 for advance planning and design associated with construction of a replacement hospital in the New Orleans area. 

The Department is directed to report to the Committees on Appropriations of both Houses of Congress by February 28, 2006 on 

the long term plans for the construction of a replacement hospital 

in New Orleans, Louisiana. 

CONSTRUCTION, MINOR PROJECTS

The agreement provides $1,800,000 for Construction, Minor 

Projects as proposed in the reallocation request dated October 28, 

2005. 

RELATED AGENCY 

ARMED FORCES RETIREMENT HOME

The agreement provides $65,800,000 for the Armed Forces Retirement Home instead of $20,800,000 as proposed in the reallocation request dated October 28, 2005. Of the amount provided, 

$45,000,000 is to be used to begin the process of advanced planning 

and design for the reuse of the Gulfport, Mississippi facility. Within 

60 days of enactment of this Act, the Armed Forces Retirement 

Home is to provide a report to the Committees on Appropriations 


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of both Houses of Congress outlining in detail the expected use of 

these funds and long-term plans for renovations and construction 

at both the Washington and the Gulfport facilities. 

GENERAL PROVISIONS—THIS CHAPTER 

The agreement includes a provision that waives the limit on 

the amount of Federal funds that can be provided for Army National Guard readiness center projects appropriated in this chapter. 

The agreement includes a provision relating to the disposal of 

Navy property on the Gulf Coast. 

The agreement includes four provisions, all requested in the 

reallocation request of October 28, 2005. The provisions give the 

Department the authority to address specific limitations that currently inhibit the ability of the Department to address emergent 

needs of veterans in the areas affected by hurricanes in the Gulf 

of Mexico. The expanded authority granted by these provisions will 

expire on September 30, 2006. 

CHAPTER 8 

DEPARTMENT OF JUSTICE 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The conference agreement includes $9,000,000 for the United 

States Attorneys to support operational recovery from hurricane-related damage in the Gulf Coast region. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The conference agreement includes $9,000,000 for the United 

States Marshals Service to support operational recovery from hurricane-related damage in the Gulf Coast region. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The conference agreement includes $45,000,000 for the Federal 

Bureau of Investigation to support operational recovery from hurricane-related damage in the Gulf Coast region. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $10,000,000 for the Drug 

Enforcement Administration to support operational recovery from 

hurricane-related damage in the Gulf Coast region. 


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BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The conference agreement includes $20,000,000 for the Bureau 

of Alcohol, Tobacco, Firearms and Explosives to support operational 

recovery from hurricane-related damage in the Gulf Coast region. 

FEDERAL PRISON SYSTEM

BUILDINGS AND FACILITIES

The conference agreement includes $11,000,000 for the Federal 

Prison System to repair hurricane-related damage in the Gulf 

Coast region. 

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The conference agreement includes $125,000,000 for grants to 

State and local law enforcement entities in the areas affected by recent Gulf Coast hurricanes. 

DEPARTMENT OF COMMERCE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

The conference agreement includes $17,200,000 for repair of 

weather-related facilities, unplanned operational costs for weather 

forecasting activities, upgrades and enhancements of hurricane 

forecasting instruments, and acceleration of storm surge and flood 

forecasting. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The conference agreement includes $37,400,000 for repair of 

weather-related facilities and observation platforms, including 

damaged weather buoys and automated surface weather observation stations, upgrades and enhancements of hurricane forecasting 

instruments, an additional aircraft for hurricane observations, and 

temporary operating space and requirements for the damaged fisheries laboratory facility in Pascagoula, Mississippi. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

EXPLORATION CAPABILITIES

The conference agreement includes $349,800,000 for repair and 

rehabilitation of National Aeronautics and Space Administration 

facilities and other high priority requirements resulting from recent Gulf Coast hurricanes. 


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SMALL BUSINESS ADMINISTRATION

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $5,000,000 for the Office of 

Inspector General to conduct audits, reviews, and investigations of 

disaster-related activities. 

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $441,000,000 for the Disaster Loans Program Account for loan subsidy costs and associated 

administrative expenses. The amount provided will allow the Small 

Business Administration (SBA) to make disaster loans to individuals and businesses in the wake of recent Gulf Coast hurricanes. 

The conferees expect the SBA to make not less than $50,000 available to increase call center capacity and respond fully to questions 

from loan applicants, including providing applicants with reasons 

for denying their applications. 

The conferees are concerned about the SBA’s slow pace of approving disaster loan applications in the Gulf Coast hurricane-affected region. The conferees encourage the SBA to deliver disaster 

assistance as quickly as possible without jeopardizing program integrity. The SBA shall immediately report to the Committees on 

Appropriations on specific ways it will expedite the disaster loan 

approval process, improve information flow to disaster loan applicants, and expand the disaster loan program to assist the widest 

population possible. 

GENERAL PROVISIONS—THIS CHAPTER 

(INCLUDING TRANSFER OF FUNDS)

SEC. 801. The conference agreement includes language regarding Manufacturing Extension Centers serving hurricane-affected 

areas. 

SEC. 802. The conference agreement includes language requiring the Department of Justice to transfer funds made available for 

the purchase of portable and mobile radios to the Narrowband 

Communications/Integrated Wireless Network account. 

CHAPTER 9 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement provides $40,600,000 for the Federal 

Aviation Administration’s (FAA) facilities and equipment account 

for emergency hurricane-related response activities. Multiple FAA 

facilities including control towers, buildings and navigation aids 

were damaged by the recent hurricanes and need to be repaired or 

replaced. 


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FEDERAL HIGHWAY ADMINISTRATION

EMERGENCY RELIEF PROGRAM

The conference agreement provides $2,750,000,000 to the Department of Transportation (DOT) for repairing and rebuilding 

highways, roads, bridges, and trails damaged by Hurricanes 

Katrina, Rita, Wilma, and prior disasters that are eligible for assistance under the Federal Highway Administration’s Emergency 

Relief (ER) program. 

Within the funds provided, up to $629,000,000 is available to 

repair and reconstruct the I–10 bridge connecting New Orleans and 

Slidell, Louisiana. These funds may be used to rebuild the bridge 

to current design standards as allowable under Section 125 of title 

23, United States Code. 

The funds provided are available until expended. The conference agreement waives the State matching share requirements 

for all of the ER projects related to these hurricanes and exempts 

projects for these hurricanes, Hurricane Dennis, and the 2004–

2005 winter storms in the State of California from the ER program’s $100,000,000 per State per event cap. 

The conference agreement allows DOT to spend any excess 

funds on other ER projects. The conferees permit DOT to promptly 

allocate up to $550,000,000 of the funds provided to address the existing backlog of ER projects to the extent the funds are needed to 

contend with damages caused by natural disasters or catastrophic 

failures from external causes that occurred prior to Hurricane 

Wilma, provided that such projects are ready to proceed to construction or are otherwise eligible for reimbursement. 

MARITIME ADMINISTRATION

OPERATIONS AND TRAINING

The conference agreement provides an additional $7,500,000 to 

the Department of Transportation to repair and reconstruct the Poland Street pier and warehouse in New Orleans, Louisiana, damaged as a result of Hurricane Katrina. These assets are owned by 

the Maritime Administration and are used in conjunction with the 

U.S. Navy to support the Ready Reserve Force Fleet. 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

The conference agreement includes $390,299,500 for tenantbased rental assistance. The conferees agree to limit the use of 

funds to those individuals and families who were receiving federal 

assistance or were homeless or in emergency shelters in the declared disaster area prior to Hurricanes Katrina and Rita. 


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COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

The conference agreement includes $11,500,000,000 for necessary expenses related to disaster relief, long term recovery, restoration of infrastructure and mitigation in communities in any declared disaster area in Louisiana, Mississippi, Alabama, Florida, 

and Texas related to Hurricanes Katrina, Rita or Wilma. Not more 

than five percent of the funds granted may be used for administrative and overhead expenses. 

The conference agreement emphasizes the requirement that 

the States with the most impacted and distressed areas in connection with the Gulf of Mexico hurricanes receive priority consideration in the allocation of funds by HUD. 

Of the amounts made available under this heading up to 

$40,000,000 may be made available for LISC and the Enterprise 

Foundation for activities authorized under section 4 of the HUD 

Demonstration Act of 1993 and section 11 of the Housing Opportunity Program Extension Act of 1996. 

The conference agreement requires HUD, upon request by the 

state and a finding by the Secretary that the waiver would not be 

inconsistent with the overall purpose of the program, to issue certain waivers and to review the waivers after two years. The conference agreement also includes several notification and reporting 

requirements prior to and during the period in which any waiver 

is in effect. 

The conferees note that the Lower Manhattan Development 

Corporation (LMDC), which was established as the entity to plan 

and execute most of the redevelopment of the area impacted by the 

September 11, 2001 terrorist attack in New York City, has worked 

well to ensure an effective and efficient use of emergency funds 

made available for site redevelopment. The conferees encourage 

States to use the LMDC as a model for implementing the provision 

in this Act, which mandates that funds allocated under this heading be administered through entities designated by the Governor of 

each state. 

ADMINISTRATIVE PROVISIONS

Section 901 permits the Secretary during calendar year 2006 

to authorize a public housing agency in the areas most heavily impacted by Hurricanes Katrina and Rita to combine their Capital 

Fund, Operating Fund and Section 8 tenant-based monies to more 

effectively assist families receiving assistance prior to Hurricanes 

Katrina and Rita. 

Section 902 directs HUD to preserve assisted housing to the 

maximum extent possible considering costs and feasibility. 


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THE JUDICIARY 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

The conference agreement provides $18,000,000 for direct hurricane recovery costs for affected Gulf Coast courts, as reflected in 

the Judiciary’s revised supplemental appropriations request. The 

conferees deny the request for $10,641,000 to cover the costs of future preparedness activities and direct the Judicial Conference to 

include these items in the fiscal year 2006 financial plan. 

INDEPENDENT AGENCY 

GENERAL SERVICES ADMINISTRATION

FEDERAL BUILDINGS FUND

The conference agreement provides $38,000,000 for the General Services Administration’s federal buildings fund to be available until expended. This includes funding for emergency building 

operations, in support of cleaning, assessing damage and repairing 

Federal buildings and United States Courthouses damaged in the 

wake of Hurricanes Katrina and Rita. These funds will be used for 

the unplanned costs for equipment and additional professional and 

nonprofessional contract staffing to support GSA personnel in the 

field with damage assessment, recovery efforts and facilities operations and maintenance, debris removal and clean-up activities. In 

addition, this funding level will provide, to the extent possible, for 

the short- and long-term repair and alterations of the following 

buildings impacted by Hurricanes Katrina and Rita, under the repairs and alterations account: Courthouse—Mobile, AL; Federal 

Building—Mobile, AL; Federal Building/Courthouse—Hattiesburg, 

MS; Post Office/Courthouse—Jackson, MS; McCoy Federal Building—Jackson, MS; Federal Building/Courthouse—Gulfport, MS; 

Courthouse Annex—Gulfport, MS; Gulfport Mechanical Building—

Gulfport, MS; U.S. Courthouse—Pensacola, FL; Customs House—

New Orleans, LA; FE Hebert Federal Building—New Orleans, LA; 

JM Wisdom Courthouse; Hale Boggs Federal Building—Courthouse; Border Patrol Sector Headquarters (multiple buildings); 

New Orleans Post Office (leased)—New Orleans, LA; and Harahan 

Depot (three buildings)—Harahan, LA. 

TITLE II—EMERGENCY SUPPLEMENTAL APPROPRIATIONS 

TO ADDRESS PANDEMIC INFLUENZA 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

OFFICE OF THE SECRETARY

The conference agreement provides $11,350,000 for the Office 

of the Secretary. 


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The conferees direct the Secretary of Agriculture to provide the 

Committees on Appropriations with quarterly reports on the expenditure of the funds provided to the Department in this Act for 

pandemic influenza preparedness and hurricane relief. The reports 

shall also include details on any reimbursements received by the 

Department from any other federal agencies for expenses incurred 

in hurricane relief or pandemic influenza preparedness. The first 

report shall be transmitted no later than February 15, 2006. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

The conference agreement provides $7,000,000 for the Agricultural Research Service, Salaries and Expenses account. 

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

The conference agreement provides $1,500,000 for the Cooperative State Research, Education, and Extension Service, Research 

and Education Activities for surveillance of the Pacific flyway. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

The conference agreement provides $71,500,000 for the Animal 

and Plant Health Inspection Service, Salaries and Expenses account. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $20,000,000 for the Food 

and Drug Administration (FDA), Salaries and Expenses account, to 

enhance the FDA regulatory science base to facilitate the production of new influenza vaccine drugs and diagnostic products. This 

funding is to be directed toward expediting the development, evaluation, and licensure of influenza vaccines; enhancing the manufacturing capacity of vaccine drug and diagnostic products; ensuring 

and monitoring the safety and effectiveness of vaccines; ensuring 

the quality of the vaccine manufacturing process, and developing 

better, more rapid tests and assays. 

The conferees direct the Secretary of Health and Human Services to provide the Committees on Appropriations with quarterly 

reports on the expenditure of the funds provided for the Food and 

Drug Administration in this Act for pandemic influenza preparedness. The reports shall also include details on any reimbursements 

received by the agency from any other federal agencies for expenses 

incurred for pandemic influenza preparedness. The first report 

shall be transmitted no later than February 15, 2006. 


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CHAPTER 2 

DEPARTMENT OF DEFENSE—MILITARY 

The following table provides details of the supplemental appropriations for the Department of Defense in this title: 

[In thousands of dollars] 

Account Request Conference 

Avian flu: 

Operation and Maintenance, Defense-Wide ........................................................................... 10,000 10,000

Defense Health Program ......................................................................................................... 120,000 120,000 

Total Pandemic Flu ........................................................................................................ 130,000 130,000 

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, DEFENSE-WIDE

The conference agreement provides $10,000,000 for Operation 

and maintenance, Defense-wide, for response preparedness and 

training activities, as well as diagnostic, surveillance, and communication equipment. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

The conference agreement provides $120,000,000 for the Defense Health Program to purchase avian influenza vaccines, increase world-wide surveillance, and upgrade surveillance, laboratory and information management equipment. 

CHAPTER 3 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT (USAID) 

The conference agreement includes $131,530,000 for USAID for 

activities associated with planning for and responding to the avian 

influenza virus. 

GENERAL PROVISIONS—THIS CHAPTER 

The conference agreement includes a provision that requires 

the United States Agency for International Development to submit 

a report to the Committee on Appropriations detailing the use of 

funds provided to the Agency in this Act. 

CHAPTER 4 

DEPARTMENT OF HOMELAND SECURITY 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

The conferees agree to provide $47,283,000, to remain available until expended, for necessary expenditures related to planning 

for the consequences of a pandemic flu outbreak. Funds are available for transfer to other appropriations accounts subject to reVerDate Aug 31 2005 00:28 Dec 31, 2005 Jkt 025159 PO 00000 Frm 00521 Fmt 6601 Sfmt 6601 E:\HR\OC\HR359.XXX HR359

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quirements for the reprogramming and transfer of funds in Section 

503 of Public Law 109–90. 

The additional funds will allow for training of Department of 

Homeland Security personnel in emergency response procedures 

and protocols related to the potential outbreak of a highly pathogenic pandemic influenza, preparedness planning within the Department, protection of Department employees, modeling capabilities of likely patterns of pathogen dispersion, and equipment to isolate potentially exposed individuals. Recognizing pandemic influenza is not the only pathogenic threat that may enter the Nation, 

the Department should leverage its pandemic influenza activities 

to guard against other highly infectious and deadly diseases. 

CHAPTER 5 

DEPARMENT OF THE INTERIOR 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The conference agreement provides $7,398,000, as requested, 

for resource management to increase field monitoring for avian influenza. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The conference agreement provides $525,000, as requested, for 

operation of the National Park System to coordinate surveillance 

and monitoring of wild birds for avian influenza within national 

parks. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The conference agreement provides $3,670,000, as requested, 

for surveys, investigations, and research for an interagency effort 

to detect avian influenza in wild birds, with an initial focus on 

early detection activities in areas with a high potential for contact 

between Asian and North American birds. 

CHAPTER 6 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

The conference agreement provides $3,300,000,000 to prepare 

for and respond to an influenza pandemic, of which $3,204,000,000 

is to remain available until expended. Section 8116 of the Senate 

bill included $3,913,000,000 for this purpose to remain available 

until expended. In addition, the Senate included $8,158,589,000 for 

pandemic influenza in H.R. 3010, the appropriations bill for the 


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Department of Health and Human Services, of which 

$8,095,000,000 was to remain available until expended. 

The conference agreement includes bill language designating $350,000,000 for upgrading State and local response capacity, particularly the planning and exercising of pandemic response plans 

by State and local officials. Section 8116 of the Senate bill proposed 

$600,000,000 for this activity. The conferees are aware that any 

successful response to a pandemic influenza must include an effective response at the State and local levels. This will require preestablished partnerships and collaborative planning by public 

health officials, law enforcement officials, hospital administrators, 

and community leaders, who have considered a broad range of scenarios and participated in realistic response exercises. These planning and response exercises should enable public health and law 

enforcement officials to establish procedures and locations for quarantine, surge capacity, diagnostics, and communication. The conferees intend that most of these funds be put toward planning and 

exercises. The conferees intend that these funds be provided accompanied by established benchmarks and that a portion of the funding be made available based on meeting performance objectives at 

both the State and local levels. 

The conference agreement includes bill language designating $50,000,000 for laboratory capacity and research at the Centers for 

Disease Control and Prevention (CDC). Section 8116 of the Senate 

bill included $125,000,000 for this purpose. The conferees intend 

that a portion of these funds go to address a critical lack of influenza laboratory capacity, which has resulted in delays in processing influenza virus samples and the sharing of DNA sequence 

information with outside laboratories in a timely manner. The conferees also recognize that the proper laboratory and research assets 

are vital to definitively characterize virus strains and determine 

best practices among protective public health measures. Finally, 

the conferees encourage the development of an evidence base for 

the effectiveness of policies and technologies to reduce respiratory 

disease transmission, modeling means of social distancing, and accelerating the development of rapid field diagnostic tests suitable 

for both domestic and international use, particularly use in developing nations. 

The conference agreement includes bill language designating 

$246,000,000 for international activities, disease surveillance, vaccine registries, research, and clinical trials. $150,000,000 of this 

amount is designated in bill language to CDC and is available until 

expended to carry out global and domestic disease surveillance, laboratory diagnostics, rapid response and quarantine. The conferees 

recognize that increased international surveillance to track influenza strains, implementation of surveillance and quarantine measures at U.S. points-of-entry, and enhanced domestic surveillance 

are key elements to the pandemic response plan. An integrated 

global and domestic surveillance and control system will serve to 

slow introduction of a pandemic influenza strain into the general 

population, thereby increasing the amount of time available for 

preparing and deploying appropriate countermeasures. 

The balance of the funds provided, $2,750,000,000 are available to support, at the Secretary’s discretion, other core preparedVerDate Aug 31 2005 00:28 Dec 31, 2005 Jkt 025159 PO 00000 Frm 00523 Fmt 6601 Sfmt 6601 E:\HR\OC\HR359.XXX HR359

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ness activities, such as expanding the domestic production capacity 

of influenza vaccine, developing and stockpiling pandemic vaccine, 

and stockpiling antivirals and other medical supplies necessary to 

protect and preserve lives in the event of an outbreak of pandemic 

influenza. 

The conference agreement does not contain specific earmarks 

of $3,080,000,000 for the stockpiling of antivirals and medical supplies, $33,000,000 for global surveillance, and $75,000,000 for risk 

communication as was included in section 8116 of the Senate bill. 

The conferees encourage CDC to partner with industry to ensure it has the proper diagnostic ‘‘surge capacity’’ in place for both 

surveillance and pandemic response. The conferees also request 

that the Secretary be prepared to report on a plan for using 

diagnostics in early-stage clinical response to an emerging pandemic during the hearings on the fiscal year 2007 budget. 

The conferees believe that HHS should give priority to research and development activities that could realistically be translated into vaccine production or pandemic detection, diagnosis, or 

treatment regimes in the near to medium term. The conferees encourage HHS to allocate funding to such areas as vaccine development, testing, and production, including cell culture technologies 

and cell line development; antivirals, including dosing, timing, and 

efficacy screening; alternative vaccine technologies, including synthetic vaccines and vaccines composed of virus-like particles; 

antiviral delivery mechanisms; improved diagnostics and surveillance tools for influenza; enhanced tools and methods for the molecular analysis of viruses, virus subtypes, and host immunological response; antigen-sparing, heterosubtypic immunity protective measures; and research into modes of influenza transmission. The Secretary is strongly encouraged to use the simplified acquisition authorities provided under sections 319F–1 and 319F–2 of the Public 

Health Service Act in awarding contracts, grants, and cooperative 

agreements. 

The conferees support the elaboration of novel adjuvant, antigen-sparing and multivalent technologies that can bolster the effectiveness and scope of vaccines based on adaptive or innate 

immunological response. 

The conferees are aware of the key role migratory bird tracking has played in predicting the spread of avian influenza. The conferees encourage CDC to ensure that this important activity is part 

of its surveillance activities. 

The conferees understand that smoking substantially increases 

both the incidence and severity of influenza because it compromises 

the upper respiratory system. One study found that smoking more 

than doubles the risk of developing clinical influenza. The conferees 

encourage CDC to provide information about the link between 

smoking and an increased risk for influenza infection and severity 

of illness through existing quitlines and to collaborate with other 

countries to assess the role of smoking in flu epidemics. 

The conferees encourage HHS to procure for the Strategic National Stockpile essential supplies that may be needed in the event 

of a pandemic including syringes, ventilators, respirators, diagnostic equipment, surgical masks, and gloves. 


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To prevent co-infection, the conferees urge the Secretary to 

promote the widespread vaccination against seasonal influenza. 

The conferees encourage the Centers for Medicare and Medicaid Services to establish standards for the measurement of use by 

beneficiaries under the Medicare and Medicaid programs of adult 

immunizations for influenza and to conduct a study to determine 

the feasibility and advisability of including adult immunization for 

influenza as a performance measure under quality initiatives conducted by the Secretary under the Medicare and Medicaid programs. The study should also consider as a requirement of accreditation of a provider of services compliance with recommended adult 

immunizations. 

The conferees direct the Secretary to provide on a semi-annual 

basis to the House and Senate Appropriations Committees a report 

identifying the disbursements of funds received under this heading 

and a listing of the governments, companies and organizations that 

received funding. The report should include the amount and purpose of each grant or other form of assistance. Finally, the report 

should include the cumulative obligations by activity of the funds 

made available under this heading for pandemic preparedness, as 

well as any remaining unobligated balances. 

CHAPTER 7 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

The agreement provides $27,000,000 for Medical Services for 

enhanced human health surveillance related to avian and pandemic influenza as proposed in the request dated November 1, 

2005. 

CHAPTER 8 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The conference agreement includes $16,000,000 for diplomatic 

outreach, health support of United States Government employees, 

Peace Corps volunteers, and families, and continuity of operations 

at United States missions overseas due to the impact of avian and 

pandemic influenza. The conference agreement includes language 

directing that $1,100,000 be transferred to the Peace Corps for 

costs associated with Peace Corps volunteers. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

The conference agreement includes $15,000,000 for costs of 

emergency evacuation of United States Government personnel and 

dependents from United States missions overseas due to the impact 

of avian and pandemic influenza. The conferees request to be conVerDate Aug 31 2005 00:28 Dec 31, 2005 Jkt 025159 PO 00000 Frm 00525 Fmt 6601 Sfmt 6602 E:\HR\OC\HR359.XXX HR359

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sulted prior to the use of any funds relating to evacuation of Peace 

Corps volunteers. 

The conference agreement includes language allowing the Secretary of State to transfer additional funding to this account should 

evacuation requirements exceed the available resources. The exercise of the transfer authority is subject to the Secretary’s determination that circumstances related to the avian influenza require 

additional funding from this account, and notification to the Committees on Appropriations five days in advance of any transfer 

using this authority. The authority to transfer funds for this purpose is not subject to the percentage limitations contained in section 402 of Public Law 109–108 that are normally applicable to 

transfers between accounts. The conferees note that, in addition to 

fiscal year 2006 appropriations, unobligated balances totaling 

$17,000,000 are currently available in this account. 

TITLE III—RESCISSIONS AND OFFSETS 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

The conference agreement includes language that rescinds certain unobligated balances in the Conservation Operations program. 

RURAL UTILITIES SERVICE

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

The conference agreement includes language that rescinds certain unobligated balances in the Public Broadcast grant program. 

FOOD AND NUTRITION SERVICE

FOOD STAMP PROGRAM

The conference agreement includes language that rescinds certain unobligated prior-year balances in the Food Stamp Employment and Training program. 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE I [OCEAN FREIGHT DIFFERENTIAL GRANTS]

The conference agreement includes language that rescinds certain unobligated balances of the ocean freight differential grant 

program. 

CHAPTER 2 

DEPARTMENT OF DEFENSE—MILITARY 

The following table provides details of the offsets for the Department of Defense in this title: 


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[In thousands of dollars] 

Account Request Conference 

Rescissions: 

Operation and Maintenance: 

Support for International Sporting Competitions .......................................................... 26,000 

Disposal of Department of Defense Real Property ....................................................... 45,000 45,000 

Lease of Department of Defense Real Property ............................................................ 30,000 30,000 

Overseas Military Facility Investment Recovery ............................................................ 5,000 5,000 

Research, Development, Test and Evaluation, RDT&E, Army: 

Venture Capital 14,000 —

Joint Common Missile (JCM) Program ........................................................................... 34,600 —

Total Rescissions .................................................................................................. 154,600 80,000 

CHAPTER 3 

FOREIGN OPERATIONS 

The conference agreement includes language that reduces balances in Public Law 109–102 and Public Law 108–447, under the 

heading, ‘‘Export-Import Bank Subsidy Appropriation’’, by a total of 

$25,000,000. 

CHAPTER 4 

DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD

OPERATING EXPENSES

(RESCISSION OF FUNDS)

The conferees agree to rescind $260,533,000 for accrual payments for Medicare-eligible employees which have been met using 

permanent indefinite discretionary authority. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

(RESCISSION OF FUNDS)

The conferees agree to rescind $23,409,300,000 from the Disaster Relief Fund. 

CHAPTER 5 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

(RESCISSION)

The conference agreement rescinds $500,000 in unobligated 

balances in the management of lands and resources account. 


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UNITED STATES FISH AND WILDLIFE SERVICE

LANDOWNER INCENTIVE PROGRAM

(RESCISSION)

The conference agreement rescinds $2,000,000 in unobligated 

balances in the landowner incentive program. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

(RESCISSION)

The conference agreement rescinds $1,000,000 in unobligated 

balances in the cooperative endangered species conservation fund. 

CHAPTER 6 

DEPARTMENT OF COMMERCE 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

INDUSTRIAL TECHNOLOGY SERVICES

(RESCISSION)

The conference agreement includes a rescission of $7,000,000 

from unobligated balances available under this heading. 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(RESCISSION)

The conference agreement includes a rescission of $10,000,000 

from unobligated balances available under this heading. 

EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE

(RESCISSION)

The conference agreement includes a rescission of $20,000,000 

from unobligated balances available under this heading. 

CHAPTER 7 

DEPARTMENT OF TRANSPORTATION 

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

(RESCISSION)

The conference agreement includes a rescission of 

$1,143,000,000 of the unobligated balances of funds apportioned to 

the States under chapter 1 of title 23, United States Code, excluding safety programs and funds set aside within the State for popuVerDate Aug 31 2005 00:28 Dec 31, 2005 Jkt 025159 PO 00000 Frm 00528 Fmt 6601 Sfmt 6602 E:\HR\OC\HR359.XXX HR359

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lation areas. The conferees direct the Federal Highway Administration to administer the rescission by allowing each State maximum 

flexibility in making adjustments among the apportioned highway 

programs. 

FEDERAL RAILROAD ADMINISTRATION

EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

(RESCISSION)

The conference agreement rescinds $8,300,000 from Efficiency 

Incentive Grants to the National Railroad Passenger Corporation 

and repeals section 135 of Division A of Public Law 109–115. 

CHAPTER 8 

GOVERNMENT-WIDE RESCISSIONS 

The conference agreement includes a 1 percent across-theboard rescission to discretionary budgetary resources provided in 

fiscal year 2006 regular appropriations Acts, as well as to any previously enacted fiscal year 2006 advance appropriation and to any 

contract authority subject to limitation. The rescission does not 

apply to the Department of Veterans Affairs or spending designated as an emergency requirement. 

TITLE IV—HURRICANE EDUCATION RECOVERY ACT 

SUBTITLE A—ELEMENTARY AND SECONDARY EDUCATION HURRICANE

RELIEF

The conference agreement includes language that authorizes 

assistance to elementary and secondary students and schools impacted by the hurricanes in the Gulf of Mexico in calendar year 

2005. Funding to carry out this authority is included in chapter 6 

of title I. 

SUBTITLE B—HIGHER EDUCATION HURRICANE RELIEF

The conference agreement includes temporary waivers to and 

modifications of certain higher education act requirements in order 

to provide flexibility to and ease financial burdens on postsecondary students and institutions impacted by the hurricanes in the 

Gulf of Mexico in calendar year 2005. 

SUBTITLE C—EDUCATION AND RELATED PROGRAMS HURRICANE

RELIEF

The conference agreement includes language to extend certain 

deadlines of the individuals with disabilities education act and 

waivers relating to Head Start and the Child Care and Development Block Grant. This language is included to facilitate assistance 

related to the hurricanes in the Gulf of Mexico in calendar year 

2005. 


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TITLE V—GENERAL PROVISIONS AND TECHNICAL 

CORRECTIONS 

The conference agreement includes a provision relating to the 

availability of funds. 

The conference agreement includes a provision relating to any 

reference to ‘‘this Act’’. 

The conference agreement includes a provision removing the 

authority to make further transfers to or from the Emergency Response Fund. 

The conference agreement includes a technical correction regarding funds appropriated to the Cooperative State Research Education and Extension Service. 

The conference agreement includes a technical correction to the 

Energy and Water Development Appropriations Act, 2005, relating 

to the Animas-La Plata project. 

The conference agreement includes a technical correction to the 

Energy and Water Development Appropriations Act, 2006, relating 

to the San Gabriel Basin Restoration Fund. 

The conference agreement includes a technical correction to the 

Energy and Water Development Appropriations Act, 2006, relating 

to the Placer County, California, wastewater treatment project. 

The conference agreement includes a technical correction to the 

Energy and Water Development Appropriations Act, 2006, relating 

to the Central New Mexico Project. 

The conference agreement includes a provision correcting an 

enrollment error in the Energy and Water Development Appropriations Act, 2006, relating to a Hurricane Protection Study in Louisiana. 

The conference agreement includes a technical correction to the 

Energy and Water Development Appropriations Act, 2006, related 

to the Western Area Power Administration. 

The conference agreement includes a general provision making 

$50,000,000 available to the New York State Uninsured Employers 

Fund and $75,000,000 to the Centers for Disease Control and Prevention for purposes related to the September 11, 2001 terrorist attacks. These funds replace $125,000,000 included in the supplemental appropriations for New York State made following the September 11th attacks that were unable to be spent for administering 

worker compensation claims and were rescinded in the regular FY 

2006 Labor-HHS-Education Appropriations Act. 

The conference agreement includes language that amends the 

Flexibility for Displaced Workers Act (Public Law 109–72) to strike 

‘‘Hurricane Katrina’’ and insert ‘‘hurricanes in the Gulf of Mexico 

in calendar year 2005’’ each place it appears. 

The conference agreement includes a provision that amends 

section 124 of Public Law 109–114. 

The conference agreement includes a provision that amends 

section 128 of Public Law 109–114. 

The conference agreement includes a provision that makes a 

technical correction to a military construction project in Public Law 

109–114. 

The conference agreement includes a provision that makes a 

technical correction to the short title of Public Law 109–114. 


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The conference agreement makes technical corrections to the 

capital investment grants listed in Public law 109–115. 

The conference agreement clarifies activities that are subject to 

section 205 of division A of Public Law 109–115. 

The conference agreement makes a technical correction to an 

economic development grant in Public Law 108–447. 

The conference agreement makes technical corrections to economic development grants in Public law 109–115. 

The conference agreement makes technical corrections to an 

economic development grant in Public law 108–447. 

The conference agreement precludes the funds appropriated to 

the 2001 Emergency Supplemental Appropriations Act for Recovery 

from and Response to Terrorist Attacks from being transferred to 

or from the Emergency Response Fund. 

CONFERENCE TOTAL—WITH COMPARISON

The total new budget (obligational) authority for the fiscal year 

2006 recommended by the Committee of Conference and comparisons to the 2006 budget estimates for 2006 follow: 

[In thousands of dollars] 

Budget estimates of new (obligational) authority, fiscal year 2006 4,825,347 

Conference agreement, fiscal year 2006 .............................................. ¥618,007 

Conference agreement compared with: 

Budget estimates of new (obligational) authority, fiscal year 

2006 .............................................................................................. ¥5,443,354 

DIVISION C—AMERICAN ENERGY INDEPENDENCE AND 

SECURITY 

The conference report includes division C concerning the lease 

of lands for oil and gas exploration and production within a defined 

area of the Arctic National Wildlife Refuge. 

DIVISION D—DISTRIBUTION OF REVENUES AND DISASTER 

ASSISTANCE 

The conference report includes division D, which provides for 

the distribution of revenues derived from bonus, rental, and royalty 

receipts from federal oil and gas leasing and operations within the 

Arctic National Wildlife Refuge and from receipts derived from the 

Digital Television Transition and Public Safety Fund. 

DIVISION E 

The conference agreement includes as division E the ‘‘Public 

Readiness and Emergency Preparedness Act’’. BILL YOUNG, DAVID HOBSON, HENRY BONILLA, 

R.P. FRELINGHUYSEN, 

TODD TIAHRT, 

ROGER F. WICKER, 

JACK KINGSTON, 

KAY GRANGER, 

JAMES T. WALSH, 

ROBERT B. ADERHOLT, 


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532 

JERRY LEWIS, 

JOHN P. MURTHA, 

NORMAN D. DICKS, 

(Except for Division C as to 

ANWR), 

MARTIN OLAV SABO, 

(Except for 1% cut in Division B and Division C), 

PETER J. VISCLOSKY, 

(Except for Division C and 

Division B as to 1% cut 

and avian flu section), 

JAMES P. MORAN, 

(Except for Division B and 

Division C as to 1% cut, 

avian flu and ANWR provisions), 

MARCY KAPTUR, 

(Except for ANWR provision 

and Division B and Division C as to 1% cuts and 

avian flu), 

CHET EDWARDS, 

(Except for 1% cut), 

DAVID R. OBEY, 

(Except for Division C, Division B as to 1% cut and 

avian flu), 

Managers on the Part of the House. 

TED STEVENS, 

THAD COCHRAN, 

ARLEN SPECTER, 

PETE V. DOMENICI, 

KIT BOND, 

MITCH MCCONNELL, 

RICHARD C. SHELBY, 

JUDD GREGG, 

KAY BAILEY HUTCHISON, 

CONRAD BURNS, 

DANIEL K. INOUYE, 

ROBERT C. BYRD, 

(Except ANWR and across 

the board cut and avian 

flu vaccine liability and 

compensation provisions), 

BYRON L. DORGAN, 

(Except on ANWR and 1% 

cut and avian flu vaccine 

liability and compensation 

provisions), 

DIANNE FEINSTEIN, (Except ANWR and 1% cut 

and avian flu vaccine liVerDate Aug 31 2005 00:28 Dec 31, 2005 Jkt 025159 PO 00000 Frm 00532 Fmt 6601 Sfmt 6601 E:\HR\OC\HR359.XXX HR359

ycherry on PROD1PC64 with REPORTS
533 

ability and compensation 

provisions), 

BARBARA A. MIKULSKI, (Except ANWR and 1% ATB 

cut and avian flu vaccine 

liability and compensation 

provisions), 

Managers on the Part of the Senate. 

Æ 


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