II 

Calendar No. 391 

109TH CONGRESS 

2D SESSION H. R. 4939 

[Report No. 109–230] 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2006 

Received; read twice and referred to the Committee on Appropriations 

APRIL 5, 2006 

Reported by Mr. COCHRAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making emergency supplemental appropriations for the fiscal 

year ending September 30, 2006, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2006, and for other pur6 poses, namely: 
2 

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1 TITLE I—GLOBAL WAR ON TERROR 

2 SUPPLEMENTAL APPROPRIATIONS 

3 CHAPTER 1 

4 DEPARTMENT OF AGRICULTURE 

5 FOREIGN AGRICULTURAL SERVICE 

6 PUBLIC LAW 480 TITLE II GRANTS

7 For an additional expenses for ‘‘Public Law 480 Title 

8 II Grants’’, during the current fiscal year, not otherwise 

9 recoverable, and unrecovered prior years’ costs, including 

10 interest thereon, under the Agricultural Trade Develop11 ment and Assistance Act of 1954, for commodities sup12 plied in connection with dispositions abroad under title II 

13 of said Act, $350,000,000, to remain available until ex14 pended: Provided, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of H. Con. Res. 95 (109th Congress), 

17 the concurrent resolution on the budget for fiscal year 

18 2006. 

19 CHAPTER 2 

20 DEPARTMENT OF DEFENSE 

21 DEPARTMENT OF DEFENSE—MILITARY 

22 MILITARY PERSONNEL 

23 MILITARY PERSONNEL, ARMY

24 For an additional amount for ‘‘Military Personnel, 

25 Army’’, $6,506,223,000: Provided, That the amount pro-
3 

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1 vided under this heading is designated as an emergency 

2 requirement pursuant to section 402 of H. Con. Res. 95 

3 (109th Congress), the concurrent resolution on the budget 

4 for fiscal year 2006. 

5 MILITARY PERSONNEL, NAVY

6 For an additional amount for ‘‘Military Personnel, 

7 Navy’’, $1,061,724,000: Provided, That the amount pro8 vided under this heading is designated as an emergency 

9 requirement pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), the concurrent resolution on the budget 

11 for fiscal year 2006. 

12 MILITARY PERSONNEL, MARINE CORPS

13 For an additional amount for ‘‘Military Personnel, 

14 Marine Corps’’, $834,122,000: Provided, That the amount 

15 provided under this heading is designated as an emergency 

16 requirement pursuant to section 402 of H. Con. Res. 95 

17 (109th Congress), the concurrent resolution on the budget 

18 for fiscal year 2006. 

19 MILITARY PERSONNEL, AIR FORCE

20 For an additional amount for ‘‘Military Personnel, 

21 Air Force’’, $1,145,363,000: Provided, That the amount 

22 provided under this heading is designated as an emergency 

23 requirement pursuant to section 402 of H. Con. Res. 95 

24 (109th Congress), the concurrent resolution on the budget 

25 for fiscal year 2006. 
4 

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1 RESERVE PERSONNEL, ARMY

2 For an additional amount for ‘‘Reserve Personnel, 

3 Army’’, $166,070,000: Provided, That the amount pro4 vided under this heading is designated as an emergency 

5 requirement pursuant to section 402 of H. Con. Res. 95 

6 (109th Congress), the concurrent resolution on the budget 

7 for fiscal year 2006. 

8 RESERVE PERSONNEL, NAVY

9 For an additional amount for ‘‘Reserve Personnel, 

10 Navy’’, $110,412,000: Provided, That the amount pro11 vided under this heading is designated as an emergency 

12 requirement pursuant to section 402 of H. Con. Res. 95 

13 (109th Congress), the concurrent resolution on the budget 

14 for fiscal year 2006. 

15 RESERVE PERSONNEL, MARINE CORPS

16 For an additional amount for ‘‘Reserve Personnel, 

17 Marine Corps’’, $10,327,000: Provided, That the amount 

18 provided under this heading is designated as an emergency 

19 requirement pursuant to section 402 of H. Con. Res. 95 

20 (109th Congress), the concurrent resolution on the budget 

21 for fiscal year 2006. 

22 RESERVE PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘Reserve Personnel, 

24 Air Force’’, $1,940,000: Provided, That the amount pro25 vided under this heading is designated as an emergency 
5 

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1 requirement pursuant to section 402 of H. Con. Res. 95 

2 (109th Congress), the concurrent resolution on the budget 

3 for fiscal year 2006. 

4 NATIONAL GUARD PERSONNEL, ARMY

5 For an additional amount for ‘‘National Guard Per6 sonnel, Army’’, $96,000,000: Provided, That the amount 

7 provided under this heading is designated as an emergency 

8 requirement pursuant to section 402 of H. Con. Res. 95 

9 (109th Congress), the concurrent resolution on the budget 

10 for fiscal year 2006. 

11 NATIONAL GUARD PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘National Guard Per13 sonnel, Air Force’’, $1,200,000: Provided, That the 

14 amount provided under this heading is designated as an 

15 emergency requirement pursuant to section 402 of H. 

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

17 on the budget for fiscal year 2006. 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

20 For an additional amount for ‘‘Operation and Main21 tenance, Army’’, $18,380,310,000: Provided, That the 

22 amount provided under this heading is designated as an 

23 emergency requirement pursuant to section 402 of H. 

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

25 on the budget for fiscal year 2006. 
6 

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1 OPERATION AND MAINTENANCE, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Operation and Main4 tenance, Navy’’, $2,793,600,000: Provided, That up to 

5 $75,020,000 shall be available for the Department of 

6 Homeland Security, ‘‘United States Coast Guard, Oper7 ating Expenses’’: Provided further, That the amount pro8 vided under this heading is designated as an emergency 

9 requirement pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), the concurrent resolution on the budget 

11 for fiscal year 2006. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For an additional amount for ‘‘Operation and Main14 tenance, Marine Corps’’, $1,722,911,000: Provided, That 

15 the amount provided under this heading is designated as 

16 an emergency requirement pursuant to section 402 of H. 

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

18 on the budget for fiscal year 2006. 

19 OPERATION AND MAINTENANCE, AIR FORCE

20 For an additional amount for ‘‘Operation and Main21 tenance, Air Force’’, $5,328,869,000: Provided, That the 

22 amount provided under this heading is designated as an 

23 emergency requirement pursuant to section 402 of H. 

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

25 on the budget for fiscal year 2006. 
7 

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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For an additional amount for ‘‘Operation and Main3 tenance, Defense-Wide’’, $3,259,929,000, of which— 

4 (1) not to exceed $25,000,000 may be used for 

5 the Combatant Commander Initiative Fund, to be 

6 used in support of Operation Iraqi Freedom and Op7 eration Enduring Freedom; 

8 (2) not to exceed $10,000,000 can be used for 

9 emergencies and extraordinary expenses, to be ex10 pended on the approval or authority of the Secretary 

11 of Defense, and payments may be made on his cer12 tificate of necessity for confidential military pur13 poses; 

14 (3) not to exceed $1,200,000,000 to remain 

15 available until expended, may be used for payments 

16 to reimburse Pakistan, Jordan, and other key co17 operating nations, for logistical, military, and other 

18 support provided, or to be provided, to United States 

19 military operations, notwithstanding any other provi20 sion of law: Provided, That such payments may be 

21 made in such amounts as the Secretary of Defense, 

22 with the concurrence of the Secretary of State, and 

23 in consultation with the Director of the Office of 

24 Management and Budget, may determine, in his dis25 cretion, based on documentation determined by the 
8 

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1 Secretary of Defense to adequately account for the 

2 support provided, and such determination is final 

3 and conclusive upon the accounting officers of the 

4 United States, and 15 days following notification to 

5 the appropriate congressional committees: Provided 

6 further, That the Secretary of Defense shall provide 

7 quarterly reports to the congressional defense com8 mittees on the use of funds provided in this para9 graph; and 

10 (4) not to exceed $44,500,000 for Cooperative 

11 Threat Reduction: 

12 Provided further, That the amount provided under this 

13 heading is designated as an emergency requirement pursu14 ant to section 402 of H. Con. Res. 95 (109th Congress), 

15 the concurrent resolution on the budget for fiscal year 

16 2006. 

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For an additional amount for ‘‘Operation and Main19 tenance, Army Reserve’’, $100,100,000: Provided, That 

20 the amount provided under this heading is designated as 

21 an emergency requirement pursuant to section 402 of H. 

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

23 on the budget for fiscal year 2006. 
9 

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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy Reserve’’, $236,509,000: Provided, That 

4 the amount provided under this heading is designated as 

5 an emergency requirement pursuant to section 402 of H. 

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

7 on the budget for fiscal year 2006. 

8 OPERATION AND MAINTENANCE, MARINE CORPS

9 RESERVE

10 For an additional amount for ‘‘Operation and Main11 tenance, Marine Corps Reserve’’, $55,675,000: Provided, 

12 That the amount provided under this heading is des13 ignated as an emergency requirement pursuant to section 

14 402 of H. Con. Res. 95 (109th Congress), the concurrent 

15 resolution on the budget for fiscal year 2006. 

16 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

17 For an additional amount for ‘‘Operation and Main18 tenance, Air Force Reserve’’, $18,563,000: Provided, That 

19 the amount provided under this heading is designated as 

20 an emergency requirement pursuant to section 402 of H. 

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

22 on the budget for fiscal year 2006. 
10 

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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For an additional amount for ‘‘Operation and Main4 tenance, Army National Guard’’, $178,600,000: Provided, 

5 That the amount provided under this heading is des6 ignated as an emergency requirement pursuant to section 

7 402 of H. Con. Res. 95 (109th Congress), the concurrent 

8 resolution on the budget for fiscal year 2006. 

9 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

10 For an additional amount for ‘‘Operation and Main11 tenance, Air National Guard’’, $30,400,000: Provided, 

12 That the amount provided under this heading is des13 ignated as an emergency requirement pursuant to section 

14 402 of H. Con. Res. 95 (109th Congress), the concurrent 

15 resolution on the budget for fiscal year 2006. 

16 AFGHANISTAN SECURITY FORCES FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For the ‘‘Afghanistan Security Forces Fund’’, 

19 $1,851,833,000, to remain available until September 30, 

20 2007: Provided, That such funds shall be available to the 

21 Secretary of Defense, notwithstanding any other provision 

22 of law, for the purpose of allowing the Commander, Office 

23 of Security Cooperation—Afghanistan, or the Secretary’s 

24 designee, to provide assistance, with the concurrence of 

25 the Secretary of State, to the security forces of Afghani-
11 

HR 4939 RS 

1 stan, including the provision of equipment, supplies, serv2 ices, training, facility and infrastructure repair, renova3 tion, and construction, and funding: Provided further, 

4 That the authority to provide assistance under this head5 ing is in addition to any other authority to provide assist6 ance to foreign nations: Provided further, That the Sec7 retary of Defense may transfer such funds to appropria8 tions for military personnel; operation and maintenance; 

9 Overseas Humanitarian, Disaster, and Civic Aid; procure10 ment; research, development, test and evaluation; and de11 fense working capital funds to accomplish the purposes 

12 provided herein: Provided further, That this transfer au13 thority is in addition to any other transfer authority avail14 able to the Department of Defense: Provided further, That 

15 upon a determination that all or part of the funds so 

16 transferred from this appropriation are not necessary for 

17 the purposes provided herein, such amounts may be trans18 ferred back to this appropriation: Provided further, That 

19 contributions of funds for the purposes provided herein 

20 from any person, foreign government, or international or21 ganization may be credited to this Fund, and used for 

22 such purposes: Provided further, That the Secretary shall 

23 notify the congressional defense committees in writing 

24 upon the receipt and upon the transfer of any contribution 

25 delineating the sources and amounts of the funds received 
12 

HR 4939 RS 

1 and the specific use of such contributions: Provided fur2 ther, That the Secretary of Defense shall, not fewer than 

3 five days prior to making transfers from this appropria4 tion account, notify the congressional defense committees 

5 in writing of the details of any such transfer: Provided 

6 further, That the Secretary shall submit a report no later 

7 than 30 days after the end of each fiscal quarter to the 

8 congressional defense committees summarizing the details 

9 of the transfer of funds from this appropriation: Provided 

10 further, That the amount provided under this heading is 

11 designated as an emergency requirement pursuant to sec12 tion 402 of H. Con. Res. 95 (109th Congress), the concur13 rent resolution on the budget for fiscal year 2006. 

14 IRAQ SECURITY FORCES FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For the ‘‘Iraq Security Forces Fund’’, 

17 $3,007,000,000, to remain available until September 30, 

18 2007: Provided, That such funds shall be available to the 

19 Secretary of Defense, notwithstanding any other provision 

20 of law, for the purpose of allowing the Commander, Multi21 National Security Transition Command—Iraq, or the Sec22 retary’s designee, to provide assistance, with the concur23 rence of the Secretary of State, to the security forces of 

24 Iraq, including the provision of equipment, supplies, serv25 ices, training, facility and infrastructure repair, renova-
13 

HR 4939 RS 

1 tion, and construction, and funding: Provided further, 

2 That the authority to provide assistance under this head3 ing is in addition to any other authority to provide assist4 ance to foreign nations: Provided further, That the Sec5 retary of Defense may transfer such funds to appropria6 tions for military personnel; operation and maintenance; 

7 Overseas Humanitarian, Disaster, and Civic Aid; procure8 ment; research, development, test and evaluation; and de9 fense working capital funds to accomplish the purposes 

10 provided herein: Provided further, That this transfer au11 thority is in addition to any other transfer authority avail12 able to the Department of Defense: Provided further, That 

13 upon a determination that all or part of the funds so 

14 transferred from this appropriation are not necessary for 

15 the purposes provided herein, such amounts may be trans16 ferred back to this appropriation: Provided further, That 

17 contributions of funds for the purposes provided herein 

18 from any person, foreign government, or international or19 ganization may be credited to this Fund, and used for 

20 such purposes: Provided further, That the Secretary shall 

21 notify the congressional defense committees in writing 

22 upon the receipt and upon the transfer of any contribution 

23 delineating the sources and amounts of the funds received 

24 and the specific use of such contributions: Provided fur25 ther, That the Secretary of Defense shall, not fewer than 
14 

HR 4939 RS 

1 five days prior to making transfers from this appropria2 tion account, notify the congressional defense committees 

3 in writing of the details of any such transfer: Provided 

4 further, That the Secretary shall submit a report no later 

5 than 30 days after the end of each fiscal quarter to the 

6 congressional defense committees summarizing the details 

7 of the transfer of funds from this appropriation: Provided 

8 further, That the amount provided under this heading is 

9 designated as an emergency requirement pursuant to sec10 tion 402 of H. Con. Res. 95 (109th Congress), the concur11 rent resolution on the budget for fiscal year 2006. 

12 PROCUREMENT 

13 AIRCRAFT PROCUREMENT, ARMY

14 For an additional amount for ‘‘Aircraft Procurement, 

15 Army’’, $533,200,000, to remain available until Sep16 tember 30, 2008: Provided, That the amount provided 

17 under this heading is designated as an emergency require18 ment pursuant to section 402 of H. Con. Res. 95 (109th 

19 Congress), the concurrent resolution on the budget for fis20 cal year 2006. 

21 MISSILE PROCUREMENT, ARMY

22 For an additional amount for ‘‘Missile Procurement, 

23 Army’’, $203,300,000, to remain available until Sep24 tember 30, 2008: Provided, That the amount provided 

25 under this heading is designated as an emergency require-
15 

HR 4939 RS 

1 ment pursuant to section 402 of H. Con. Res. 95 (109th 

2 Congress), the concurrent resolution on the budget for fis3 cal year 2006. 

4 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

5 VEHICLES, ARMY

6 For an additional amount for ‘‘Procurement of Weap7 ons and Tracked Combat Vehicles, Army’’, 

8 $1,983,351,000, to remain available until September 30, 

9 2008: Provided, That the amount provided under this 

10 heading is designated as an emergency requirement pursu11 ant to section 402 of H. Con. Res. 95 (109th Congress), 

12 the concurrent resolution on the budget for fiscal year 

13 2006. 

14 PROCUREMENT OF AMMUNITION, ARMY

15 For an additional amount for ‘‘Procurement of Am16 munition, Army’’, $829,679,000, to remain available until 

17 September 30, 2008: Provided, That the amount provided 

18 under this heading is designated as an emergency require19 ment pursuant to section 402 of H. Con. Res. 95 (109th 

20 Congress), the concurrent resolution on the budget for fis21 cal year 2006. 

22 OTHER PROCUREMENT, ARMY

23 For an additional amount for ‘‘Other Procurement, 

24 Army’’, $7,528,657,000, to remain available until Sep25 tember 30, 2008: Provided, That the amount provided 
16 

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1 under this heading is designated as an emergency require2 ment pursuant to section 402 of H. Con. Res. 95 (109th 

3 Congress), the concurrent resolution on the budget for fis4 cal year 2006. 

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement, 

7 Navy’’, $293,980,000, to remain available until September 

8 30, 2008: Provided, That the amount provided under this 

9 heading is designated as an emergency requirement pursu10 ant to section 402 of H. Con. Res. 95 (109th Congress), 

11 the concurrent resolution on the budget for fiscal year 

12 2006. 

13 WEAPONS PROCUREMENT, NAVY

14 For an additional amount for ‘‘Weapons Procure15 ment, Navy’’, $90,800,000, to remain available until Sep16 tember 30, 2008: Provided, That the amount provided 

17 under this heading is designated as an emergency require18 ment pursuant to section 402 of H. Con. Res. 95 (109th 

19 Congress), the concurrent resolution on the budget for fis20 cal year 2006. 

21 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

22 CORPS

23 For an additional amount for ‘‘Procurement of Am24 munition, Navy and Marine Corps’’, $330,996,000, to re25 main available until September 30, 2008: Provided, That 
17 

HR 4939 RS 

1 the amount provided under this heading is designated as 

2 an emergency requirement pursuant to section 402 of H. 

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

4 on the budget for fiscal year 2006. 

5 OTHER PROCUREMENT, NAVY

6 For an additional amount for ‘‘Other Procurement, 

7 Navy’’, $111,719,000, to remain available until September 

8 30, 2008: Provided, That the amount provided under this 

9 heading is designated as an emergency requirement pursu10 ant to section 402 of H. Con. Res. 95 (109th Congress), 

11 the concurrent resolution on the budget for fiscal year 

12 2006. 

13 PROCUREMENT, MARINE CORPS

14 For an additional amount for ‘‘Procurement, Marine 

15 Corps’’, $3,260,582,000, to remain available until Sep16 tember 30, 2008: Provided, That the amount provided 

17 under this heading is designated as an emergency require18 ment pursuant to section 402 of H. Con. Res. 95 (109th 

19 Congress), the concurrent resolution on the budget for fis20 cal year 2006. 

21 AIRCRAFT PROCUREMENT, AIR FORCE

22 For an additional amount for ‘‘Aircraft Procurement, 

23 Air Force’’, $663,595,000, to remain available until Sep24 tember 30, 2008: Provided, That the amount provided 

25 under this heading is designated as an emergency require-
18 

HR 4939 RS 

1 ment pursuant to section 402 of H. Con. Res. 95 (109th 

2 Congress), the concurrent resolution on the budget for fis3 cal year 2006. 

4 PROCUREMENT OF AMMUNITION, AIR FORCE

5 For an additional amount for ‘‘Procurement of Am6 munition, Air Force’’, $29,047,000, to remain available 

7 until September 30, 2008: Provided, That the amount pro8 vided under this heading is designated as an emergency 

9 requirement pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), the concurrent resolution on the budget 

11 for fiscal year 2006. 

12 OTHER PROCUREMENT, AIR FORCE

13 For an additional amount for ‘‘Other Procurement, 

14 Air Force’’, $1,489,192,000, to remain available until 

15 September 30, 2008: Provided, That the amount provided 

16 under this heading is designated as an emergency require17 ment pursuant to section 402 of H. Con. Res. 95 (109th 

18 Congress), the concurrent resolution on the budget for fis19 cal year 2006. 

20 PROCUREMENT, DEFENSE-WIDE

21 For an additional amount for ‘‘Procurement, De22 fense-Wide’’, $331,353,000, to remain available until Sep23 tember 30, 2008: Provided, That the amount provided 

24 under this heading is designated as an emergency require25 ment pursuant to section 402 of H. Con. Res. 95 (109th 
19 

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1 Congress), the concurrent resolution on the budget for fis2 cal year 2006. 

3 RESEARCH, DEVELOPMENT, TEST AND 

4 EVALUATION 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

6 ARMY

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Army’’, $424,177,000, to re9 main available until September 30, 2007: Provided, That 

10 the amount provided under this heading is designated as 

11 an emergency requirement pursuant to section 402 of H. 

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

13 on the budget for fiscal year 2006. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 NAVY

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Navy’’, $126,845,000, to re18 main available until September 30, 2007: Provided, That 

19 the amount provided under this heading is designated as 

20 an emergency requirement pursuant to section 402 of H. 

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

22 on the budget for fiscal year 2006. 
20 

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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $305,110,000, to 

5 remain available until September 30, 2007: Provided, 

6 That the amount provided under this heading is des7 ignated as an emergency requirement pursuant to section 

8 402 of H. Con. Res. 95 (109th Congress), the concurrent 

9 resolution on the budget for fiscal year 2006. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Defense-Wide’’, 

14 $145,921,000, to remain available until September 30, 

15 2007: Provided, That the amount provided under this 

16 heading is designated as an emergency requirement pursu17 ant to section 402 of H. Con. Res. 95 (109th Congress), 

18 the concurrent resolution on the budget for fiscal year 

19 2006. 

20 REVOLVING AND MANAGEMENT FUNDS 

21 DEFENSE WORKING CAPITAL FUNDS

22 For an additional amount for ‘‘Defense Working 

23 Capital Funds’’, $502,700,000: Provided, That the 

24 amount provided under this heading is designated as an 

25 emergency requirement pursuant to section 402 of H. 
21 

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

2 on the budget for fiscal year 2006. 

3 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

4 DEFENSE HEALTH PROGRAM

5 For an additional amount for ‘‘Defense Health Pro6 gram’’, $1,153,562,000 (reduced by $20,000,000) (in7 creased by $20,000,000) for operation and maintenance: 

8 Provided, That the amount provided under this heading 

9 is designated as an emergency requirement pursuant to 

10 section 402 of H. Con. Res. 95 (109th Congress), the con11 current resolution on the budget for fiscal year 2006. 

12 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

13 DEFENSE

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Drug Interdiction and 

16 Counter-Drug Activities, Defense’’, $156,800,000, to re17 main available until expended: Provided, That these funds 

18 may be used only for such activities related to Afghanistan 

19 and the Central Asia area: Provided further, That the Sec20 retary of Defense may transfer such funds only to appro21 priations for military personnel; operation and mainte22 nance; procurement; and research, development, test and 

23 evaluation: Provided further, That the funds transferred 

24 shall be merged with and be available for the same pur25 poses and for the same time period as the appropriation 
22 

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1 to which transferred: Provided further, That the transfer 

2 authority provided in this paragraph is in addition to any 

3 other transfer authority available to the Department of 

4 Defense: Provided further, That upon a determination that 

5 all or part of the funds transferred from this appropriation 

6 are not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the amount provided under this 

9 heading is designated as an emergency requirement pursu10 ant to section 402 of H. Con. Res. 95 (109th Congress), 

11 the concurrent resolution on the budget for fiscal year 

12 2006. 

13 OFFICE OF THE INSPECTOR GENERAL

14 For an additional amount for ‘‘Office of the Inspector 

15 General’’, $6,120,000, to remain available until September 

16 30, 2007: Provided, That the amount provided under this 

17 heading is designated as an emergency requirement pursu18 ant to section 402 of H. Con. Res. 95 (109th Congress), 

19 the concurrent resolution on the budget for fiscal year 

20 2006. 

21 RELATED AGENCIES 

22 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

23 For an additional amount for the ‘‘Intelligence Com24 munity Management Account’’, $158,875,000: Provided, 

25 That the amount provided under this heading is des-
23 

HR 4939 RS 

1 ignated as an emergency requirement pursuant to section 

2 402 of H. Con. Res. 95 (109th Congress), the concurrent 

3 resolution on the budget for fiscal year 2006. 

4 GENERAL PROVISIONS—THIS CHAPTER 

5 (TRANSFER OF FUNDS)

6 SEC. 1201. Upon his determination that such action 

7 is necessary in the national interest, the Secretary of De8 fense may transfer between appropriations up to 

9 $2,000,000,000 of the funds made available to the De10 partment of Defense in this chapter: Provided, That the 

11 Secretary shall notify the Congress promptly of each 

12 transfer made pursuant to this authority: Provided further, 

13 That the transfer authority provided in this section is in 

14 addition to any other transfer authority available to the 

15 Department of Defense: Provided further, That the au16 thority in this section is subject to the same terms and 

17 conditions as the authority provided in section 8005 of the 

18 Department of Defense Appropriations Act, 2006, except 

19 for the fourth proviso. 

20 SEC. 1202. (a) AUTHORITY TO PROVIDE SUP21 PORT.—Of the amount appropriated by this Act under the 

22 heading ‘‘Drug Interdiction and Counter-Drug Activities, 

23 Defense’’, not to exceed $40,000,000 may be made avail24 able for support for counter-drug activities of the Govern25 ments of Afghanistan and Pakistan: Provided, That such 
24 

HR 4939 RS 

1 support shall be in addition to support provided for the 

2 counter-drug activities of such Governments under any 

3 other provision of the law. 

4 (b) TYPES OF SUPPORT.—(1) Except as specified in 

5 subsections (b)(2) and (b)(3) of this section, the support 

6 that may be provided under the authority in this section 

7 shall be limited to the types of support specified in section 

8 1033(c)(1) of the National Defense Authorization Act for 

9 Fiscal Year 1998 (Public Law 105–85, as amended by 

10 Public Law 106–398 and Public Law 108–136), and con11 ditions on the provision of support as contained in such 

12 section 1033 shall apply for fiscal year 2006. 

13 (2) The Secretary of Defense may transfer vehicles, 

14 aircraft, and detection, interception, monitoring and test15 ing equipment to such Governments for counter-drug ac16 tivities. 

17 (3) For the Government of Afghanistan, the Sec18 retary of Defense may also provide individual and crew19 served weapons, and ammunition for counter-drug secu20 rity forces. 

21 SEC. 1203. Notwithstanding 10 U.S.C. 2208(l), the 

22 total amount of advance billings rendered or imposed for 

23 all working capital funds of the Department of Defense 

24 in fiscal year 2006 shall not exceed $1,500,000,000: Pro25 vided, That the amounts made available pursuant to this 
25 

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1 section are designated as an emergency requirement pur2 suant to section 402 of H. Con. Res. 95 (109th Congress), 

3 the concurrent resolution on the budget for fiscal year 

4 2006. 

5 SEC. 1204. In addition to amounts authorized in sec6 tion 1202(a) of Public Law 109–163, from funds made 

7 available in this chapter to the Department of Defense, 

8 not to exceed $423,000,000 may be used to fund the Com9 mander’s Emergency Response Program and for a similar 

10 program to assist the people of Afghanistan, to remain 

11 available until December 31, 2007. 

12 SEC. 1205. Supervision and administration costs as13 sociated with a construction project funded with ‘‘Afghani14 stan Security Forces Fund’’ or ‘‘Iraq Security Forces 

15 Fund’’ appropriations may be obligated at the time a con16 struction contract is awarded: Provided, That for the pur17 pose of this section, supervision and administration costs 

18 include all in-house Government costs. 

19 SEC. 1206. None of the funds provided in this chap20 ter may be used to finance programs or activities denied 

21 by Congress in fiscal year 2005 and 2006 appropriations 

22 to the Department of Defense or to initiate a procurement 

23 or research, development, test and evaluation new start 

24 program without prior written notification to the congres25 sional defense committees. 
26 

HR 4939 RS 

1 CHAPTER 3 

2 BILATERAL ECONOMIC ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 UNITED STATES AGENCY FOR INTERNATIONAL

5 DEVELOPMENT

6 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

7 For an additional amount for ‘‘Child Survival and 

8 Health Programs Fund’’, $5,300,000, to remain available 

9 until September 30, 2007: Provided, That the amount pro10 vided under this heading is designated as an emergency 

11 requirement pursuant to section 402 of H. Con. Res. 95 

12 (109th Congress), the concurrent resolution on the budget 

13 for fiscal year 2006. 

14 DEVELOPMENT ASSISTANCE

15 For an additional amount for ‘‘Development Assist16 ance’’, $10,500,000, to remain available until September 

17 30, 2007: Provided, That the amount provided under this 

18 heading is designated as an emergency requirement pursu19 ant to section 402 of H. Con. Res. 95 (109th Congress), 

20 the concurrent resolution on the budget for fiscal year 

21 2006. 

22 INTERNATIONAL DISASTER FAMINE ASSISTANCE

23 For an additional amount for ‘‘International Disaster 

24 and Famine Assistance’’, $136,290,000, to remain until 

25 expended: Provided, That the amount provided under this 

26 heading is designated as an emergency requirement pursu-
27 

HR 4939 RS 

1 ant to section 402 of H. Con. Res. 95 (109th Congress), 

2 the concurrent resolution on the budget for fiscal year 

3 2006. 

4 OPERATING EXPENSES OF THE UNITED STATES AGENCY

5 FOR INTERNATIONAL DEVELOPMENT

6 For an additional amount for ‘‘Operating Expenses 

7 of the United States Agency for International Develop8 ment’’, $61,600,000, to remain available until September 

9 30, 2007: Provided, That the amount provided under this 

10 heading is designated as an emergency requirement pursu11 ant to section 402 of H. Con. Res. 95 (109th Congress), 

12 the concurrent resolution on the budget for fiscal year 

13 2006. 

14 OTHER BILATERAL ECONOMIC ASSISTANCE

15 ECONOMIC SUPPORT FUND

16 For an additional amount for ‘‘Economic Support 

17 Fund’’, $1,584,500,000 (reduced by $10,000,000) (in18 creased by $10,000,000), to remain available until Sep19 tember 30, 2007: Provided, That the amount provided 

20 under this heading is designated as an emergency require21 ment pursuant to section 402 of H. Con. Res. 95 (109th 

22 Congress), the concurrent resolution on the budget for fis23 cal year 2006. 
28 

HR 4939 RS 

1 DEPARTMENT OF STATE

2 DEMOCRACY FUND

3 For an additional amount for ‘‘Democracy Fund’’, 

4 $10,000,000 for the advancement of democracy in Iran, 

5 to remain available until September 30, 2007: Provided, 

6 That the amount provided under this heading is des7 ignated as an emergency requirement pursuant to section 

8 402 of H. Con. Res. 95 (109th Congress), the concurrent 

9 resolution on the budget for fiscal year 2006. 

10 INTERNATIONAL NARCOTICS CONTROL AND LAW

11 ENFORCEMENT

12 For an additional amount for ‘‘International Nar13 cotics Control and Law Enforcement’’, $107,700,000 (re14 duced by $26,300,000) (increased by $26,300,000), to re15 main available until September 30, 2007: Provided, That 

16 the amount provided under this heading is designated as 

17 an emergency requirement pursuant to section 402 of H. 

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

19 on the budget for fiscal year 2006. 

20 MIGRATION AND REFUGEE ASSISTANCE

21 For an additional amount for ‘‘Migration and Ref22 ugee Assistance’’, $51,200,000, to remain available until 

23 September 30, 2007: Provided, That the amount provided 

24 under this heading is designated as an emergency require25 ment pursuant to section 402 of H. Con. Res. 95 (109th 
29 

HR 4939 RS 

1 Congress), the concurrent resolution on the budget for fis2 cal year 2006. 

3 DEPARTMENT OF THE TREASURY

4 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

5 For an additional amount for ‘‘International Affairs 

6 Technical Assistance’’, $13,000,000, to remain available 

7 until September 30, 2007: Provided, That the amount pro8 vided under this heading is designated as an emergency 

9 requirement pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), the concurrent resolution on the budget 

11 for fiscal year 2006. 

12 MILITARY ASSISTANCE 

13 FUNDS APPROPRIATED TO THE PRESIDENT

14 PEACEKEEPING OPERATIONS

15 For an additional amount for ‘‘Peacekeeping Oper16 ations’’, $123,000,000 (increased by $50,000,000), to re17 main available until September 30, 2007: Provided, That 

18 the amount provided under this heading is designated as 

19 an emergency requirement pursuant to section 402 of H. 

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

21 on the budget for fiscal year 2006. 

22 GENERAL PROVISIONS—THIS CHAPTER 

23 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

24 SEC. 1301. Funds appropriated or made available by 

25 transfer in this chapter may be obligated and expended 
30 

HR 4939 RS 

1 notwithstanding section 313 of the Foreign Relations Au2 thorization Act, Fiscal Years 1994 and 1995 (Public Law 

3 103–236). 

4 SEC. 1302. Of the funds made available under the 

5 heading ‘‘Iraq Relief and Reconstruction Fund’’ in chap6 ter 2 of title II of Public Law 108–106, $185,500,000 

7 is hereby transferred to and merged with the appropria8 tion for ‘‘Economic Support Fund’’ contained in this Act: 

9 Provided, That the amount transferred by this section is 

10 designated as an emergency requirement pursuant to sec11 tion 402 of H. Con. Res. 95 (109th Congress), the concur12 rent resolution on the budget for fiscal year 2006. 

13 (RESCISSION OF FUNDS)

14 SEC. 1303. Of the funds made available for Coalition 

15 Solidarity Initiative under the heading ‘‘Peacekeeping Op16 erations’’ in chapter 2 of title II of division A of Public 

17 Law 109–13, $17,000,000 is rescinded. 

18 SEC. 1304. Notwithstanding any other provision of 

19 law, amounts under the heading ‘‘Iraq Relief and Recon20 struction Fund’’ in title II of Public Law 108–106 shall 

21 remain available for one additional year from the date on 

22 which the availability of funds would otherwise have ex23 pired, if such funds are initially obligated before the expi24 ration of the period of availability provided herein: Pro25 vided, That, notwithstanding section 2207(d) of Public 
31 

HR 4939 RS 

1 Law 108–106, requirements of section 2207 of Public 

2 Law 108–106 shall expire on October 1, 2008. 

3 CHAPTER 4 

4 DEPARTMENT OF HOMELAND SECURITY 

5 UNITED STATES COAST GUARD

6 OPERATING EXPENSES

7 For an additional amount for ‘‘Operating Expenses’’, 

8 $26,692,000: Provided, That the amount provided under 

9 this heading is designated as an emergency requirement 

10 pursuant to section 402 of H. Con. Res. 95 (109th Con11 gress), the concurrent resolution on the budget for fiscal 

12 year 2006. 

13 CHAPTER 5 

14 DEPARTMENT OF DEFENSE 

15 MILITARY CONSTRUCTION 

16 MILITARY CONSTRUCTION, ARMY

17 For an additional amount for ‘‘Military Construction, 

18 Army’’, $287,100,000, to remain available until Sep19 tember 30, 2007: Provided, That notwithstanding any 

20 other provision of law, such funds may be obligated and 

21 expended to carry out planning and design and military 

22 construction projects not otherwise authorized by law: 

23 Provided further, That the amount provided under this 

24 heading is designated as an emergency requirement pursu25 ant to section 402 of H. Con. Res. 95 (109th Congress), 
32 

HR 4939 RS 

1 the concurrent resolution on the budget for fiscal year 

2 2006: Provided further, That none of the funds provided 

3 under this heading may be obligated or expended until 

4 after that date on which the Secretary of Defense submits 

5 an updated master plan for overseas military infrastruc6 ture to the Committees on Appropriations of the House 

7 of Representatives and Senate: Provided further, That, 

8 subject to the preceding proviso, $60,000,000 of the funds 

9 provided under this heading may not be obligated or ex10 pended until after that date on which the Secretary of De11 fense submits a detailed plan for Counter IED/Urban By12 pass Roads, Iraq, to the Committees on Appropriations 

13 of the House of Representatives and Senate. 

14 MILITARY CONSTRUCTION, AIR FORCE

15 For an additional amount for ‘‘Military Construction, 

16 Air Force’’, $35,600,000, to remain available until Sep17 tember 30, 2007: Provided, That notwithstanding any 

18 other provision of law, such funds may be obligated and 

19 expended to carry out planning and design and military 

20 construction projects not otherwise authorized by law: 

21 Provided further, That the amount provided under this 

22 heading is designated as an emergency requirement pursu23 ant to section 402 of H. Con. Res. 95 (109th Congress), 

24 the concurrent resolution on the budget for fiscal year 

25 2006: Provided further, That none of the funds provided 
33 

HR 4939 RS 

1 under this heading may be obligated or expended until 

2 after that date on which the Secretary of Defense submits 

3 an updated master plan for overseas military infrastruc4 ture to the Committees on Appropriations of the House 

5 of Representatives and Senate. 

6 GENERAL PROVISION—THIS CHAPTER 

7 SEC. 1501. The matter under the heading ‘‘Veterans 

8 Health Administration—Medical Services’’ in chapter 7 of 

9 title I of division B of Public Law 109–148 is amended 

10 by inserting after ‘‘calendar year 2005’’ the following: 

11 ‘‘and for unanticipated costs related to the Global War 

12 on Terror’’: Provided, That the provisions of this section 

13 are designated as an emergency requirement pursuant to 

14 section 402 of H. Con. Res. 95 (109th Congress), the con15 current resolution on the budget for fiscal year 2006. 

16 CHAPTER 6 

17 DEPARTMENT OF JUSTICE 

18 LEGAL ACTIVITIES

19 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

20 For an additional amount for ‘‘Salaries and Ex21 penses, United States Attorneys’’, $3,000,000: Provided, 

22 That the amount provided under this heading is des23 ignated as an emergency requirement pursuant to section 

24 402 of H. Con. Res. 95 (109th Congress), the concurrent 

25 resolution on the budget for fiscal year 2006. 
34 

HR 4939 RS 

1 FEDERAL BUREAU OF INVESTIGATION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $99,000,000, to remain available until September 

5 30, 2007: Provided, That no funding provided in this Act 

6 shall be available for obligation for a new or enhanced in7 formation technology program unless the Deputy Attorney 

8 General and the investment review board certify to the 

9 Committees on Appropriations that the information tech10 nology program has appropriate program management 

11 and contractor oversight mechanisms in place, and that 

12 the program is compatible with the enterprise architecture 

13 of the Department of Justice and Federal Bureau of In14 vestigation: Provided further, That the amount provided 

15 under this heading is designated as an emergency require16 ment pursuant to section 402 of H. Con. Res. 95 (109th 

17 Congress), the concurrent resolution on the budget for fis18 cal year 2006. 

19 DRUG ENFORCEMENT ADMINISTRATION

20 SALARIES AND EXPENSES

21 For an additional amount for ‘‘Salaries and Ex22 penses’’, $5,000,000 (increased by $9,200,000), to remain 

23 available until September 30, 2007: Provided, That the 

24 amount provided under this heading is designated as an 

25 emergency requirement pursuant to section 402 of H. 
35 

HR 4939 RS 

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

2 on the budget for fiscal year 2006. 

3 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

4 EXPLOSIVES

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘Salaries and Ex7 penses’’, $4,100,000, to remain available until September 

8 30, 2007: Provided, That the amount provided under this 

9 heading is designated as an emergency requirement pursu10 ant to section 402 of H. Con. Res. 95 (109th Congress), 

11 the concurrent resolution on the budget for fiscal year 

12 2006. 

13 DEPARTMENT OF STATE AND RELATED 

14 AGENCY 

15 DEPARTMENT OF STATE 

16 ADMINISTRATION OF FOREIGN AFFAIRS

17 DIPLOMATIC AND CONSULAR PROGRAMS

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Diplomatic and Con20 sular Programs’’, $1,380,500,000, to remain available 

21 until September 30, 2007: Provided, That of the amount 

22 made available under this heading, $1,326,000 shall be 

23 available for transfer to the United States Institute of 

24 Peace: Provided further, That the amount provided under 

25 this heading is designated as an emergency requirement 

26 pursuant section 402 of H. Con. Res. 95 (109th Con-
36 

HR 4939 RS 

1 gress), the concurrent resolution on the budget for fiscal 

2 year 2006. 

3 OFFICE OF INSPECTOR GENERAL

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Office of Inspector 

6 General’’, $25,300,000, to remain available until Sep7 tember 2007, of which $24,000,000 shall be transferred 

8 to the Special Inspector General for Iraq Reconstruction 

9 for reconstruction oversight: Provided, That the amount 

10 provided under this heading is designated as an emergency 

11 requirement pursuant section 402 of H. Con. Res. 95 

12 (109th Congress), the concurrent resolution on the budget 

13 for fiscal year 2006. 

14 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

15 For an additional amount for ‘‘Educational and Cul16 tural Exchange Programs’’, $5,000,000, to remain avail17 able until expended: Provided, That the amount provided 

18 under this heading is designated as an emergency require19 ment pursuant section 402 of H. Con. Res. 95 (109th 

20 Congress), the concurrent resolution on the budget for fis21 cal year 2006. 

22 INTERNATIONAL ORGANIZATIONS

23 CONTRIBUTIONS TO INTERNATIONAL PEACEKEEPING

24 ACTIVITIES

25 For an additional amount for ‘‘Contributions for 

26 International Peacekeeping Activities’’, $129,800,000, to 
37 

HR 4939 RS 

1 remain available until September 30, 2007: Provided, 

2 That the amount provided under this heading is des3 ignated as an emergency requirement pursuant section 

4 402 of H. Con. Res. 95 (109th Congress), the concurrent 

5 resolution on the budget for fiscal year 2006. 

6 RELATED AGENCY 

7 BROADCASTING BOARD OF GOVERNORS

8 INTERNATIONAL BROADCASTING OPERATIONS

9 For an additional amount for ‘‘International Broad10 casting Operations’’, $7,600,000, to remain available until 

11 expended: Provided, That the amount provided under this 

12 heading is designated as an emergency requirement pursu13 ant section 402 of H. Con. Res. 95 (109th Congress), the 

14 concurrent resolution on the budget for fiscal year 2006. 

15 BROADCASTING CAPITAL IMPROVEMENTS

16 For an additional amount for ‘‘Broadcasting Capital 

17 Improvements’’, $28,500,000, to remain available until ex18 pended: Provided, That the amount provided under this 

19 heading is designated as an emergency requirement pursu20 ant section 402 of H. Con. Res. 95 (109th Congress), the 

21 concurrent resolution on the budget for fiscal year 2006. 

22 GENERAL PROVISION—THIS CHAPTER 

23 SEC. 1601. Funds appropriated by this Act for the 

24 Broadcasting Board of Governors and the Department of 

25 State may be obligated and expended notwithstanding sec26 tion 15 of the State Department Basic Authorities Act 
38 

HR 4939 RS 

1 of 1956, section 313 of the Foreign Relations Authoriza2 tion Act, Fiscal Years 1994 and 1995 (Public Law 103– 

3 236), and section 504(a)(1) of the National Security Act 

4 of 1947. 

5 CHAPTER 7 

6 DEPARTMENT OF THE TREASURY 

7 DEPARTMENTAL OFFICES

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $1,800,000, to remain available until September 

11 30, 2007: Provided, That the amount provided under this 

12 heading is designated as an emergency requirement pursu13 ant to section 402 of H. Con. Res. 95 (109th Congress), 

14 the concurrent resolution on the budget for fiscal year 

15 2006. 

16 TITLE II—FURTHER HURRICANE DISASTER 

17 RELIEF AND RECOVERY 

18 CHAPTER 1 

19 DEPARTMENT OF AGRICULTURE 

20 EXECUTIVE OPERATIONS

21 WORKING CAPITAL FUND

22 For an additional amount for ‘‘Working Capital 

23 Fund’’ for necessary expenses related to the consequences 

24 of Hurricane Katrina and other hurricanes of the 2005 

25 season, $25,000,000, to remain available until September 
39 

HR 4939 RS 

1 30, 2007: Provided, That the amount provided under this 

2 heading is designated as an emergency requirement pursu3 ant to section 402 of H. Con. Res. 95 (109th Congress), 

4 the concurrent resolution on the budget for fiscal year 

5 2006. 

6 AGRICULTURAL RESEARCH SERVICE

7 BUILDINGS AND FACILITIES

8 For an additional amount for ‘‘Agricultural Research 

9 Service, Buildings and Facilities’’ for necessary expenses 

10 related to the consequences of Hurricane Katrina and 

11 other hurricanes of the 2005 season, $20,000,000, to re12 main available until expended: Provided, That the amount 

13 provided under this heading is designated as an emergency 

14 requirement pursuant to section 402 of H. Con. Res. 95 

15 (109th Congress), the concurrent resolution on the budget 

16 for fiscal year 2006. 

17 NATURAL RESOURCES CONSERVATION SERVICE

18 EMERGENCY WATERSHED PROTECTION PROGRAM

19 For an additional amount for ‘‘Emergency Watershed 

20 Protection Program’’ $10,000,000, to remain available 

21 until September 30, 2008, for the purchase of easements 

22 on floodplain lands in disaster areas affected by Hurricane 

23 Katrina and other hurricanes of the 2005 season: Pro24 vided, That the amount provided under this heading is 

25 designated as an emergency requirement pursuant to sec-
40 

HR 4939 RS 

1 tion 402 of H. Con. Res. 95 (109th Congress), the concur2 rent resolution on the budget for fiscal year 2006. 

3 CHAPTER 2 

4 DEPARTMENT OF DEFENSE 

5 DEPARTMENT OF DEFENSE—MILITARY 

6 MILITARY PERSONNEL 

7 MILITARY PERSONNEL, ARMY

8 For an additional amount for ‘‘Military Personnel, 

9 Army’’, $2,125,000, for necessary expenses related to the 

10 consequences of Hurricane Katrina and other hurricanes 

11 of the 2005 season: Provided, That the amount provided 

12 under this heading is designated as an emergency require13 ment pursuant to section 402 of H. Con. Res. 95 (109th 

14 Congress), the concurrent resolution on the budget for fis15 cal year 2006. 

16 MILITARY PERSONNEL, NAVY

17 For an additional amount for ‘‘Military Personnel, 

18 Navy’’, $22,002,000, for necessary expenses related to the 

19 consequences of Hurricane Katrina and other hurricanes 

20 of the 2005 season: Provided, That the amount provided 

21 under this heading is designated as an emergency require22 ment pursuant to section 402 of H. Con. Res. 95 (109th 

23 Congress), the concurrent resolution on the budget for fis24 cal year 2006. 
41 

HR 4939 RS 

1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $3,992,000, for necessary expenses re4 lated to the consequences of Hurricane Katrina and other 

5 hurricanes of the 2005 season: Provided, That the amount 

6 provided under this heading is designated as an emergency 

7 requirement pursuant to section 402 of H. Con. Res. 95 

8 (109th Congress), the concurrent resolution on the budget 

9 for fiscal year 2006. 

10 MILITARY PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘Military Personnel, 

12 Air Force’’, $21,610,000, for necessary expenses related 

13 to the consequences of Hurricane Katrina and other hurri14 canes of the 2005 season: Provided, That the amount pro15 vided under this heading is designated as an emergency 

16 requirement pursuant to section 402 of H. Con. Res. 95 

17 (109th Congress), the concurrent resolution on the budget 

18 for fiscal year 2006. 

19 RESERVE PERSONNEL, ARMY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Army’’, $4,071,000, for necessary expenses related to the 

22 consequences of Hurricane Katrina and other hurricanes 

23 of the 2005 season: Provided, That the amount provided 

24 under this heading is designated as an emergency require25 ment pursuant to section 402 of H. Con. Res. 95 (109th 
42 

HR 4939 RS 

1 Congress), the concurrent resolution on the budget for fis2 cal year 2006. 

3 RESERVE PERSONNEL, NAVY

4 For an additional amount for ‘‘Reserve Personnel, 

5 Navy’’, $10,200,000 for necessary expenses related to the 

6 consequences of Hurricane Katrina and other hurricanes 

7 of the 2005 season: Provided, That the amount provided 

8 under this heading is designated as an emergency require9 ment pursuant to section 402 of H. Con. Res. 95 (109th 

10 Congress), the concurrent resolution on the budget for fis11 cal year 2006. 

12 RESERVE PERSONNEL, MARINE CORPS

13 For an additional amount for ‘‘Reserve Personnel, 

14 Marine Corps’’, $2,176,000, for necessary expenses re15 lated to the consequences of Hurricane Katrina and other 

16 hurricanes of the 2005 season: Provided, That the amount 

17 provided under this heading is designated as an emergency 

18 requirement pursuant to section 402 of H. Con. Res. 95 

19 (109th Congress), the concurrent resolution on the budget 

20 for fiscal year 2006. 

21 RESERVE PERSONNEL, AIR FORCE

22 For an additional amount for ‘‘Reserve Personnel, 

23 Air Force’’, $94,000, for necessary expenses related to the 

24 consequences of Hurricane Katrina and other hurricanes 

25 of the 2005 season: Provided, That the amount provided 
43 

HR 4939 RS 

1 under this heading is designated as an emergency require2 ment pursuant to section 402 of H. Con. Res. 95 (109th 

3 Congress), the concurrent resolution on the budget for fis4 cal year 2006. 

5 NATIONAL GUARD PERSONNEL, ARMY

6 For an additional amount for ‘‘National Guard Per7 sonnel, Army’’, $1,304,000, for necessary expenses related 

8 to the consequences of Hurricane Katrina and other hurri9 canes of the 2005 season: Provided, That the amount pro10 vided under this heading is designated as an emergency 

11 requirement pursuant to section 402 of H. Con. Res. 95 

12 (109th Congress), the concurrent resolution on the budget 

13 for fiscal year 2006. 

14 NATIONAL GUARD PERSONNEL, AIR FORCE

15 For an additional amount for ‘‘National Guard Per16 sonnel, Air Force’’, $1,408,000, for necessary expenses re17 lated to the consequences of Hurricane Katrina and other 

18 hurricanes of the 2005 season: Provided, That the amount 

19 provided under this heading is designated as an emergency 

20 requirement pursuant to section 402 of H. Con. Res. 95 

21 (109th Congress), the concurrent resolution on the budget 

22 for fiscal year 2006. 
44 

HR 4939 RS 

1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, NAVY

3 For an additional amount for ‘‘Operation and Main4 tenance, Navy’’, $29,913,000, to remain available until 

5 September 30, 2007, for necessary expenses related to the 

6 consequences of Hurricane Katrina and other hurricanes 

7 of the 2005 season: Provided, That the amount provided 

8 under this heading is designated as an emergency require9 ment pursuant to section 402 of H. Con. Res. 95 (109th 

10 Congress), the concurrent resolution on the budget for fis11 cal year 2006. 

12 OPERATION AND MAINTENANCE, AIR FORCE

13 For an additional amount for ‘‘Operation and Main14 tenance, Air Force’’, $37,359,000, to remain available 

15 until September 30, 2007, for necessary expenses related 

16 to the consequences of Hurricane Katrina and other hurri17 canes of the 2005 season: Provided, That the amount pro18 vided under this heading is designated as an emergency 

19 requirement pursuant to section 402 of H. Con. Res. 95 

20 (109th Congress), the concurrent resolution on the budget 

21 for fiscal year 2006. 

22 OPERATION AND MAINTENANCE, NAVY RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Navy Reserve’’, $12,755,000, to remain available 

25 until September 30, 2007, for necessary expenses related 
45 

HR 4939 RS 

1 to the consequences of Hurricane Katrina and other hurri2 canes of the 2005 season: Provided, That the amount pro3 vided under this heading is designated as an emergency 

4 requirement pursuant to section 402 of H. Con. Res. 95 

5 (109th Congress), the concurrent resolution on the budget 

6 for fiscal year 2006. 

7 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

8 For an additional amount for ‘‘Operation and Main9 tenance, Air Force Reserve’’, $1,277,000, to remain avail10 able until September 30, 2007, for necessary expenses re11 lated to the consequences of Hurricane Katrina and other 

12 hurricanes of the 2005 season: Provided, That the amount 

13 provided under this heading is designated as an emergency 

14 requirement pursuant to section 402 of H. Con. Res. 95 

15 (109th Congress), the concurrent resolution on the budget 

16 for fiscal year 2006. 

17 OPERATION AND MAINTENANCE, ARMY NATIONAL

18 GUARD

19 For an additional amount for ‘‘Operation and Main20 tenance, Army National Guard’’, $42,307,000, to remain 

21 available until September 30, 2007, for necessary expenses 

22 related to the consequences of Hurricane Katrina and 

23 other hurricanes of the 2005 season: Provided, That the 

24 amount provided under this heading is designated as an 

25 emergency requirement pursuant to section 402 of H. 
46 

HR 4939 RS 

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

2 on the budget for fiscal year 2006. 

3 PROCUREMENT 

4 PROCUREMENT OF AMMUNITION, ARMY

5 For an additional amount for ‘‘Procurement of Am6 munition, Army’’, $700,000, to remain available until Sep7 tember 30, 2008, for necessary expenses related to the 

8 consequences of Hurricane Katrina and other hurricanes 

9 of the 2005 season: Provided, That the amount provided 

10 under this heading is designated as an emergency require11 ment pursuant to section 402 of H. Con. Res. 95 (109th 

12 Congress), the concurrent resolution on the budget for fis13 cal year 2006. 

14 OTHER PROCUREMENT, ARMY

15 For an additional amount for ‘‘Other Procurement, 

16 Army’’, $9,136,000, to remain available until September 

17 30, 2008, for necessary expenses related to the con18 sequences of Hurricane Katrina and other hurricanes of 

19 the 2005 season: Provided, That the amount provided 

20 under this heading is designated as an emergency require21 ment pursuant to section 402 of H. Con. Res. 95 (109th 

22 Congress), the concurrent resolution on the budget for fis23 cal year 2006. 
47 

HR 4939 RS 

1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $579,000, to remain available until September 30, 

4 2008, for necessary expenses related to the consequences 

5 of Hurricane Katrina and other hurricanes of the 2005 

6 season: Provided, That the amount provided under this 

7 heading is designated as an emergency requirement pursu8 ant to section 402 of H. Con. Res. 95 (109th Congress), 

9 the concurrent resolution on the budget for fiscal year 

10 2006. 

11 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

12 CORPS

13 For an additional amount for ‘‘Procurement of Am14 munition, Navy and Marine Corps’’, $899,000, to remain 

15 available until September 30, 2008, for necessary expenses 

16 related to the consequences of Hurricane Katrina and 

17 other hurricanes of the 2005 season: Provided, That the 

18 amount provided under this heading is designated as an 

19 emergency requirement pursuant to section 402 of H. 

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

21 on the budget for fiscal year 2006. 

22 SHIPBUILDING AND CONVERSION, NAVY

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount for ‘‘Shipbuilding and Con25 version, Navy’’, $775,236,000 to remain available until 
48 

HR 4939 RS 

1 September 30, 2010, for necessary expenses related to the 

2 consequences of Hurricane Katrina and other hurricanes 

3 of the 2005 season, which shall be available for transfer 

4 within this account to replace destroyed or damaged 

5 equipment; prepare and recover naval vessels under con6 tract; and provide for cost adjustments for naval vessels 

7 for which funds have been previously appropriated: Pro8 vided, That this transfer authority is in addition to any 

9 other transfer authority available to the Department of 

10 Defense: Provided further, That the Secretary of Defense 

11 shall, not fewer than 15 days prior to making transfers 

12 within this appropriation, notify the congressional defense 

13 committees in writing of the details of any such transfer: 

14 Provided further, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of H. Con. Res. 95 (109th Congress), 

17 the concurrent resolution on the budget for fiscal year 

18 2006. 

19 OTHER PROCUREMENT, NAVY

20 For an additional amount for ‘‘Other Procurement, 

21 Navy’’, $85,040,000, to remain available until September 

22 30, 2008, for necessary expenses related to the con23 sequences of Hurricane Katrina and other hurricanes of 

24 the 2005 season: Provided, That the amount provided 

25 under this heading is designated as an emergency require-
49 

HR 4939 RS 

1 ment pursuant to section 402 of H. Con. Res. 95 (109th 

2 Congress), the concurrent resolution on the budget for fis3 cal year 2006. 

4 AIRCRAFT PROCUREMENT, AIR FORCE

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Air Force’’, $13,000,000, to remain available until Sep7 tember 30, 2008, for necessary expenses related to the 

8 consequences of Hurricane Katrina and other hurricanes 

9 of the 2005 season: Provided, That the amount provided 

10 under this heading is designated as an emergency require11 ment pursuant to section 402 of H. Con. Res. 95 (109th 

12 Congress), the concurrent resolution on the budget for fis13 cal year 2006. 

14 PROCUREMENT, DEFENSE-WIDE

15 For an additional amount for ‘‘Procurement, De16 fense-Wide’’, $2,797,000 (increased by $2,000,000), to re17 main available until September 30, 2008, for necessary ex18 penses related to the consequences of Hurricane Katrina 

19 and other hurricanes of the 2005 season: Provided, That 

20 the amount provided under this heading is designated as 

21 an emergency requirement pursuant to section 402 of H. 

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

23 on the budget for fiscal year 2006. 
50 

HR 4939 RS 

1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 NAVY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Navy’’, $12,000,000, to re7 main available until September 30, 2007, for necessary ex8 penses related to the consequences of Hurricane Katrina 

9 and other hurricanes of the 2005 season: Provided, That 

10 the amount provided under this heading is designated as 

11 an emergency requirement pursuant to section 402 of H. 

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

13 on the budget for fiscal year 2006. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 AIR FORCE

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Air Force’’, $6,250,000, to re18 main available until September 30, 2007, for necessary ex19 penses related to the consequences of Hurricane Katrina 

20 and other hurricanes of the 2005 season: Provided, That 

21 the amount provided under this heading is designated as 

22 an emergency requirement pursuant to section 402 of H. 

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

24 on the budget for fiscal year 2006. 
51 

HR 4939 RS 

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’, $730,000, to 

5 remain available until September 30, 2007, for necessary 

6 expenses related to the consequences of Hurricane Katrina 

7 and other hurricanes of the 2005 season: Provided, That 

8 the amount provided under this heading is designated as 

9 an emergency requirement pursuant to section 402 of H. 

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

11 on the budget for fiscal year 2006. 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For an additional amount for ‘‘Defense Working 

15 Capital Funds’’, $1,222,000, for necessary expenses re16 lated to the consequences of Hurricane Katrina and other 

17 hurricanes of the 2005 season: Provided, That the amount 

18 provided under this heading is designated as an emergency 

19 requirement pursuant to section 402 of H. Con. Res. 95 

20 (109th Congress), the concurrent resolution on the budget 

21 for fiscal year 2006. 

22 NATIONAL DEFENSE SEALIFT FUND

23 For an additional amount for ‘‘National Defense Sea24 lift Fund’’, $10,000,000, to remain available until ex25 pended, for necessary expenses related to the consequences 
52 

HR 4939 RS 

1 of Hurricane Katrina and other hurricanes of the 2005 

2 season: Provided, That the amount provided under this 

3 heading is designated as an emergency requirement pursu4 ant to section 402 of H. Con. Res. 95 (109th Congress), 

5 the concurrent resolution on the budget for fiscal year 

6 2006. 

7 TRUST FUNDS 

8 GENERAL FUND PAYMENT, SURCHARGE COLLECTIONS, 

9 SALES OF COMMISSARY STORES, DEFENSE

10 For an additional amount for ‘‘General Fund Pay11 ment, Surcharge Collections, Sales of Commissary Stores, 

12 Defense’’, $10,530,000, to remain available until Sep13 tember 30, 2010, for necessary expenses related to the 

14 consequences of Hurricane Katrina and other hurricanes 

15 of the 2005 season: Provided, That the amount provided 

16 under this heading is designated as an emergency require17 ment pursuant to section 402 of H. Con. Res. 95 (109th 

18 Congress), the concurrent resolution on the budget for fis19 cal year 2006. 

20 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

21 DEFENSE HEALTH PROGRAM

22 For an additional amount for ‘‘Defense Health Pro23 gram’’, $33,881,000, to remain available until September 

24 30, 2007, for necessary expenses related to the con25 sequences of Hurricane Katrina and other hurricanes of 
53 

HR 4939 RS 

1 the 2005 season: Provided, That the amount provided 

2 under this heading is designated as an emergency require3 ment pursuant to section 402 of H. Con. Res. 95 (109th 

4 Congress), the concurrent resolution on the budget for fis5 cal year 2006. 

6 GENERAL PROVISION—THIS CHAPTER 

7 SEC. 2201. None of the funds provided in this chap8 ter may be used to finance programs or activities denied 

9 by Congress in fiscal year 2005 and 2006 appropriations 

10 to the Department of Defense or to initiate a procurement 

11 or research, development, test and evaluation new start 

12 program without prior written notification to the congres13 sional defense committees. 

14 CHAPTER 3 

15 DEPARTMENT OF DEFENSE—CIVIL 

16 DEPARTMENT OF THE ARMY 

17 CORPS OF ENGINEERS—CIVIL

18 CONSTRUCTION

19 For additional amounts for ‘‘Construction’’ to reduce 

20 the risk of storm damage to the greater New Orleans met21 ropolitan area by restoring the surrounding wetlands, 

22 $100,000,000, to remain available until expended: Pro23 vided, That such sums shall be subject to authorization: 

24 Provided further, That the Chief of Engineers, acting 

25 through the Assistant Secretary of the Army for Civil 
54 

HR 4939 RS 

1 Works, shall provide, at a minimum, a monthly report to 

2 the House and Senate Committees on Appropriations de3 tailing the allocation and obligation of these funds, begin4 ning not later than July 30, 2006: Provided further, That 

5 the amount provided under this heading is designated as 

6 an emergency requirement pursuant to section 402 of H. 

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

8 on the budget for fiscal year 2006. 

9 FLOOD CONTROL AND COASTAL EMERGENCIES

10 For additional amounts for ‘‘Flood Control and 

11 Coastal Emergencies’’, as authorized by section of the 

12 Flood Control Act of August 18, 1941, as amended (33 

13 U.S.C. 701n), for necessary expenses related to the con14 sequences of Hurricane Katrina and other hurricanes of 

15 the 2005 season, $1,360,000,000, to remain available 

16 until expended: Provided, That such sums shall be subject 

17 to authorization: Provided further, That the Chief of Engi18 neers, acting through the Assistant Secretary of the Army 

19 for Civil Works, shall provide, at a minimum, a monthly 

20 report to the House and Senate Committees on Appropria21 tions detailing the allocation and obligation of these funds, 

22 beginning not later than July 30, 2006: Provided further, 

23 That none of the funds provided herein shall be available 

24 until the non-federal interests have entered into binding 

25 agreements with the Secretary of the Army to pay 100 

26 percent of the operation, maintenance, repair, replacement 
55 

HR 4939 RS 

1 and rehabilitation costs of the projects: Provided further, 

2 That the amount provided under this heading is des3 ignated as an emergency requirement pursuant to section 

4 402 of H. Con. Res. 95 (109th Congress), the concurrent 

5 resolution on the budget for fiscal year 2006. 

6 CHAPTER 4 

7 DEPARTMENT OF HOMELAND SECURITY 

8 OFFICE OF INSPECTOR GENERAL

9 (INCLUDING TRANSFERS OF FUNDS)

10 For an additional amount for ‘‘Salaries and Ex11 penses’’ for necessary expenses related to the con12 sequences of Hurricane Katrina and other hurricanes of 

13 the 2005 season, $13,500,000, to remain available until 

14 September 30, 2007: Provided, That these amounts shall 

15 be transferred to the Offices of Inspector General of the 

16 Departments of Agriculture, Defense, Education, Health 

17 and Human Services, Housing and Urban Development, 

18 Justice, Labor and Transportation, and the Environ19 mental Protection Agency, the General Services Adminis20 tration, and the Social Security Administration to carry 

21 out necessary audits and investigations of funding and 

22 programs undertaken by the respective agencies for re23 sponse and recovery from the 2005 Gulf Coast hurricanes: 

24 Provided further, That the amount provided under this 

25 heading is designated as an emergency requirement pursu-
56 

HR 4939 RS 

1 ant to section 402 of H. Con. Res. 95 (109th Congress), 

2 the concurrent resolution on the budget for fiscal year 

3 2006. 

4 CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For an additional amount for ‘Salaries and Expenses’ 

7 to provide for the relocation of personnel and equipment 

8 related to the New Orleans laboratory facility and for the 

9 repair and replacement of critical equipment and property 

10 damaged or caused by Hurricane Katrina and other hurri11 canes of the 2005 season, $12,900,000: Provided, That 

12 the amount provided under this heading is designated as 

13 an emergency requirement pursuant to section 402 of H. 

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

15 on the budget for fiscal year 2006. 

16 CONSTRUCTION

17 For an additional amount for ‘‘Construction’’ to re18 build and repair structures damaged by Hurricane 

19 Katrina and other hurricanes of the 2005 season, 

20 $4,800,000, to remain available until expended: Provided, 

21 That the amount provided under this heading is des22 ignated as an emergency requirement pursuant to section 

23 402 of H. Con. Res. 95 (109th Congress), the concurrent 

24 resolution on the budget for fiscal year 2006. 
57 

HR 4939 RS 

1 UNITED STATES COAST GUARD

2 OPERATING EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Operating Expenses’’ 

5 for necessary expenses related to the consequences of Hur6 ricane Katrina and other hurricanes of the 2005 season, 

7 $14,300,000, to remain available until September 30, 

8 2007, of which up to $267,000 may be transferred to ‘‘En9 vironmental Compliance and Restoration’’ to be used for 

10 environmental cleanup and restoration of Coast Guard fa11 cilities; and of which up to $500,000 may be transferred 

12 to ‘‘Research, Development, Test, and Evaluation’’ to be 

13 used for salvage and repair of research and development 

14 equipment and facilities: Provided, That the amount pro15 vided under this heading is designated as an emergency 

16 requirement pursuant to section 402 of H. Con. Res. 95 

17 (109th Congress), the concurrent resolution on the budget 

18 for fiscal year 2006. 

19 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

20 For an additional amount for ‘‘Acquisition, Construc21 tion, and Improvements’’ for necessary expenses related 

22 to the consequences of Hurricane Katrina and other hurri23 canes of the 2005 season, $80,755,000, to remain avail24 able until expended: Provided, That the amount provided 

25 under this heading is designated as an emergency require26 ment pursuant to section 402 of H. Con. Res. 95 (109th 
58 

HR 4939 RS 

1 Congress), the concurrent resolution on the budget for fis2 cal year 2006. 

3 FEDERAL EMERGENCY MANAGEMENT AGENCY

4 ADMINISTRATIVE AND REGIONAL OPERATIONS

5 For an additional amount for ‘‘Administrative and 

6 Regional Operations’’ for necessary expenses related to the 

7 consequences of Hurricane Katrina and other hurricanes 

8 of the 2005 season, $70,000,000, to remain available until 

9 expended: Provided, That the amount provided under this 

10 heading is designated as an emergency requirement pursu11 ant to section 402 of H. Con. Res. 95 (109th Congress), 

12 the concurrent resolution on the budget for fiscal year 

13 2006. 

14 PREPAREDNESS, MITIGATION, RESPONSE AND RECOVERY

15 For an additional amount for ‘‘Preparedness, Mitiga16 tion, Response and Recovery’’ for necessary expenses re17 lated to the consequences of Hurricane Katrina and other 

18 hurricanes of the 2005 season, $10,000,000: Provided, 

19 That the amount provided under this heading is des20 ignated as an emergency requirement pursuant to section 

21 402 of H. Con. Res. 95 (109th Congress), the concurrent 

22 resolution on the budget for fiscal year 2006. 

23 DISASTER RELIEF

24 For an additional amount for ‘‘Disaster Relief’’ for 

25 necessary expenses under the Robert T. Stafford Disaster 

26 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
59 

HR 4939 RS 

1 seq.), $9,550,000,000 (reduced by $2,000,000), to remain 

2 available until expended: Provided, That the amount pro3 vided under this heading is designated as an emergency 

4 requirement pursuant to section 402 of H. Con. Res. 95 

5 (109th Congress), the concurrent resolution on the budget 

6 for fiscal year 2006. 

7 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Disaster Assistance 

10 Direct Loan Program Account’’ for the cost of direct loans 

11 as authorized under section 417 of the Robert T. Stafford 

12 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

13 5184), $151,000,000, to be used to assist local govern14 ments that were affected by Hurricane Katrina and other 

15 hurricanes of the 2005 season in providing essential serv16 ices, of which $1,000,000 is for administrative expenses 

17 to carry out the direct loan program: Provided, That such 

18 funds may be used to subsidize gross obligations for the 

19 principal amount of direct loans not to exceed 

20 $200,000,000: Provided further, That notwithstanding 

21 section 417(b) of such Act, the amount of any such loan 

22 issued pursuant to this section may exceed $5,000,000: 

23 Provided further, That notwithstanding section 417(c)(1) 

24 of such Act, such loans may not be canceled: Provided fur25 ther, That the cost of modifying such loans shall be as 

26 defined in section 502 of the Congressional Budget Act 
60 

HR 4939 RS 

1 of 1974 (2 U.S.C. 661a): Provided further, That of the 

2 amount provided in this chapter under the heading Dis3 aster Relief’’, up to $150,000,000 may be transferred to 

4 and merged with the funds provided under this heading, 

5 to be used to subsidize gross obligations for the principal 

6 amount of direct loans not to exceed $200,000,000: Pro7 vided further, That the amounts provided or transferred 

8 under this heading are designated as an emergency re9 quirement pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), the concurrent resolution on the budget 

11 for fiscal year 2006. 

12 GENERAL PROVISIONS—THIS CHAPTER 

13 SEC. 2401. The Federal Emergency Management 

14 Agency may provide funds to a State or local government 

15 or, as necessary, assume an existing agreement from such 

16 unit of government, to pay for utility costs resulting from 

17 the provision of temporary housing units to evacuees from 

18 Hurricanes Katrina and Rita if the State or local govern19 ment has previously arranged to pay for such utilities on 

20 behalf of the evacuees for the term of any leases, not to 

21 exceed 12 months, contracted by or prior to February 7, 

22 2006, notwithstanding section 408 of the Robert T. Staf23 ford Disaster Relief and Emergency Assistance Act (42 

24 U.S.C. 5174): Provided, That the Federal share of the 

25 costs eligible to be paid shall be 100 percent. 
61 

HR 4939 RS 

1 SEC. 2402. (a) Title III of Public Law 109–90 is 

2 amended under the heading ‘‘National Flood Insurance 

3 Fund’’ by striking ‘‘$30,000,000 for interest on Treasury 

4 borrowings’’ and inserting ‘‘such sums as necessary for 

5 interest on Treasury borrowings’’. 

6 (b) The provisions of this section are designated as 

7 an emergency requirement pursuant to section 402 of H. 

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

9 on the budget for fiscal year 2006. 

10 CHAPTER 5 

11 DEPARTMENT OF THE INTERIOR 

12 UNITED STATES FISH AND WILDLIFE SERVICE

13 CONSTRUCTION

14 For an additional amount for ‘‘Construction’’ for nec15 essary expenses related to the consequences of Hurricane 

16 Katrina and other hurricanes of the 2005 season and for 

17 repayment of advances to other appropriation accounts 

18 from which funds were transferred for such purposes, 

19 $132,400,000, to remain available until expended: Pro20 vided, That the amount provided under this heading is 

21 designated as an emergency requirement pursuant to sec22 tion 402 of H. Con. Res. 95 (109th Congress), the concur23 rent resolution on the budget for fiscal year 2006. 
62 

HR 4939 RS 

1 NATIONAL PARK SERVICE

2 HISTORIC PRESERVATION FUND

3 For an additional amount for the ‘‘Historic Preserva4 tion Fund’’ for necessary expenses related to the con5 sequences of Hurricane Katrina and other hurricanes of 

6 the 2005 season, $3,000,000, to remain available until 

7 September 30, 2007: Provided, That the amount provided 

8 under this heading is designated as an emergency require9 ment pursuant to section 402 of H. Con. Res. 95 (109th 

10 Congress), the concurrent resolution on the budget for fis11 cal year 2006. 

12 CONSTRUCTION

13 For an additional amount for ‘‘Construction’’ for nec14 essary expenses related to the consequences of Hurricane 

15 Katrina and other hurricanes of the 2005 season, 

16 $55,400,000, to remain available until expended: Pro17 vided, That the amount provided under this heading is 

18 designated as an emergency requirement pursuant to sec19 tion 402 of H. Con. Res. 95 (109th Congress), the concur20 rent resolution on the budget for fiscal year 2006. 

21 UNITED STATES GEOLOGICAL SURVEY

22 SURVEYS, INVESTIGATIONS, AND RESEARCH

23 For an additional amount for ‘‘Surveys, Investiga24 tions, and Research’’ for necessary expenses related to the 

25 consequences of Hurricane Katrina and other hurricanes 

26 of the 2005 season and for repayment of advances to other 
63 

HR 4939 RS 

1 appropriation accounts from which funds were transferred 

2 for such purposes, $10,200,000, to remain available until 

3 expended: Provided, That the amount provided under this 

4 heading is designated as an emergency requirement pursu5 ant to section 402 of H. Con. Res. 95 (109th Congress), 

6 the concurrent resolution on the budget for fiscal year 

7 2006. 

8 MINERALS MANAGEMENT SERVICE

9 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

10 For an additional amount for ‘‘Royalty and Offshore 

11 Minerals Management’’ for necessary expenses related to 

12 the consequences of Hurricane Katrina and other hurri13 canes of the 2005 season and for repayment of advances 

14 to other appropriation accounts from which funds were 

15 transferred for such purposes, $15,000,000, to remain 

16 available until September 30, 2007: Provided, That the 

17 amount provided under this heading is designated as an 

18 emergency requirement pursuant to section 402 of H. 

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

20 on the budget for fiscal year 2006. 

21 ENVIRONMENTAL PROTECTION AGENCY 

22 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

23 For an additional amount for ‘‘Environmental Pro24 grams and Management’’ for necessary expenses related 

25 to the consequences of Hurricane Katrina and other hurri-
64 

HR 4939 RS 

1 canes of the 2005 season, $6,000,000, to remain available 

2 until September 30, 2007: Provided, That the amount pro3 vided under this heading is designated as an emergency 

4 requirement pursuant to section 402 of H. Con. Res. 95 

5 (109th Congress), the concurrent resolution on the budget 

6 for fiscal year 2006. 

7 LEAKING UNDERGROUND STORAGE TANK PROGRAM

8 For an additional amount for the ‘‘Leaking Under9 ground Storage Tank Program’’ for necessary expenses 

10 related to the consequences of Hurricane Katrina and 

11 other hurricanes of the 2005 season, $7,000,000, to re12 main available until September 30, 2007: Provided, That 

13 the amount provided under this heading is designated as 

14 an emergency requirement pursuant to section 402 of H. 

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

16 on the budget for fiscal year 2006. 

17 DEPARTMENT OF AGRICULTURE 

18 FOREST SERVICE

19 NATIONAL FOREST SYSTEM

20 For an additional amount for the ‘‘National Forest 

21 System’’ for necessary expenses related to the con22 sequences of Hurricane Katrina and other hurricanes of 

23 the 2005 season, $20,000,000, to remain available until 

24 expended: Provided, That the amount provided under this 

25 heading is designated as an emergency requirement pursu26 ant to section 402 of H. Con. Res. 95 (109th Congress), 
65 

HR 4939 RS 

1 the concurrent resolution on the budget for fiscal year 

2 2006. 

3 CHAPTER 6 

4 DEPARTMENT OF DEFENSE 

5 MILITARY CONSTRUCTION 

6 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

7 For an additional amount for ‘‘Military Construction, 

8 Navy and Marine Corps’’, for necessary expenses related 

9 to the consequences of Hurricane Katrina and other hurri10 canes of the 2005 season, $28,880,000 (increased by 

11 $15,890,000), to remain available until September 30, 

12 2010: Provided, That notwithstanding any other provision 

13 of law, such funds may be obligated or expended to carry 

14 out planning and design and military construction projects 

15 not otherwise authorized by law: Provided further, That 

16 the amount provided under this heading is designated as 

17 an emergency requirement pursuant to section 402 of H. 

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

19 on the budget for fiscal year 2006. 

20 MILITARY CONSTRUCTION, AIR FORCE

21 For an additional amount for ‘‘Military Construction, 

22 Air Force’’, for necessary expenses related to the con23 sequences of Hurricane Katrina and other hurricanes of 

24 the 2005 season, $57,300,000 (increased by 

25 $40,000,000), to remain available until September 30, 
66 

HR 4939 RS 

1 2010: Provided, That notwithstanding any other provision 

2 of law, such funds may be obligated or expended to carry 

3 out planning and design and military construction projects 

4 not otherwise authorized by law: Provided further, That 

5 the amount provided under this heading is designated as 

6 an emergency requirement pursuant to section 402 of H. 

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

8 on the budget for fiscal year 2006. 

9 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

10 For an additional amount for ‘‘Military Construction, 

11 Army National Guard’’, for necessary expenses related to 

12 consequences of Hurricane Katrina and other hurricanes 

13 of the 2005 season, $67,800,000, to remain available until 

14 September 30, 2010: Provided, That notwithstanding any 

15 other provision of law, such funds may be obligated or ex16 pended to carry out planning and design and military con17 struction projects not otherwise authorized by law: Pro18 vided further, That the amount provided under this head19 ing in the chapter 7 of title I of division B of Public Law 

20 109–148 (119 Stat. 2770) shall remain available until 

21 September 30, 2010: Provided further, That the amounts 

22 provided under this heading are designated as an emer23 gency requirement pursuant to section 402 of H. Con. 

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

25 the budget for fiscal year 2006. 
67 

HR 4939 RS 

1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Military Construction, 

3 Air National Guard’’, for necessary expenses related to 

4 consequences of Hurricane Katrina and other hurricanes 

5 of the 2005 season, $5,800,000, to remain available until 

6 September 30, 2010: Provided, That notwithstanding any 

7 other provision of law, such funds may be obligated or ex8 pended to carry out planning and design and military con9 struction projects not otherwise authorized by law: Pro10 vided further, That the amount provided under this head11 ing is designated as an emergency requirement pursuant 

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

13 concurrent resolution on the budget for fiscal year 2006. 

14 MILITARY CONSTRUCTION, NAVY RESERVE

15 (INCLUDING RESCISSION OF FUNDS)

16 For an additional amount for ‘‘Military Construction, 

17 Navy Reserve’’, for necessary expenses related to con18 sequences of Hurricane Katrina and other hurricanes of 

19 the 2005 season, $24,270,000, to remain available until 

20 September 30, 2010: Provided, That notwithstanding any 

21 other provision of law, such funds may be obligated or ex22 pended to carry out planning and design and military con23 struction projects not otherwise authorized by law: Pro24 vided further, That the amount provided under the head25 ing ‘‘Military Construction, Naval Reserve’’ in chapter 7 
68 

HR 4939 RS 

1 of title I of division B of Public Law 109–148 (119 Stat. 

2 2771) shall remain available until September 30, 2010, 

3 except that, of such amount $49,530,000 are rescinded: 

4 Provided further, That the amounts provided under this 

5 heading are designated as an emergency requirement pur6 suant to section 402 of H. Con. Res. 95 (109th Congress), 

7 the concurrent resolution on the budget for fiscal year 

8 2006. 

9 DEPARTMENT OF VETERANS AFFAIRS 

10 DEPARTMENTAL ADMINISTRATION

11 CONSTRUCTION, MAJOR PROJECTS

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Construction, Major 

14 Projects’’, for necessary expenses related to the con15 sequences of Hurricane Katrina and other hurricanes of 

16 the 2005 season, $550,000,000, to remain available until 

17 expended: Provided, That the foregoing amount shall only 

18 be available upon enactment, by June 30, 2006, of author19 ity under section 8104 of title 38, United States Code: 

20 Provided further, That up to $275,000,000 of the amount 

21 provided under this heading may (at any time after the 

22 enactment of this Act and without regard to the preceding 

23 proviso) be transferred by the Secretary of Veterans Af24 fairs to the ‘‘Medical Services’’ account, to be available 

25 only for unanticipated costs related to the Global War on 

26 Terror: Provided further, That the Secretary of Veterans 
69 

HR 4939 RS 

1 Affairs shall, not fewer than 15 days prior to making a 

2 transfer under the authority in the preceding proviso, no3 tify the Committees on Appropriations of the Senate and 

4 House of Representatives in writing of the transfer: Pro5 vided further, That the amount provided under this head6 ing is designated as an emergency requirement pursuant 

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

8 concurrent resolution on the budget for fiscal year 2006. 

9 CHAPTER 7 

10 DEPARTMENT OF JUSTICE 

11 LEGAL ACTIVITIES

12 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

13 For an additional amount for ‘‘Salaries and Ex14 penses, General Legal Activities’’, $2,000,000, to remain 

15 available until September 30, 2007: Provided, That the 

16 amount provided under this heading is designated as an 

17 emergency requirement pursuant to section 402 of H. 

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

19 on the budget for fiscal year 2006. 

20 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

21 For an additional amount for ‘‘Salaries and Ex22 penses, United States Attorneys’’, $5,000,000, to remain 

23 available until September 30, 2007: Provided, That the 

24 amount provided under this heading is designated as an 

25 emergency requirement pursuant to section 402 of H. 
70 

HR 4939 RS 

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

2 on the budget for fiscal year 2006. 

3 DEPARTMENT OF COMMERCE 

4 NATIONAL OCEANIC AND ATMOSPHERIC

5 ADMINISTRATION

6 PROCUREMENT, ACQUISITION AND CONSTRUCTION

7 For an additional amount for ‘‘Procurement, Acquisi8 tion and Construction’’, for necessary expenses related to 

9 the consequences of Hurricane Katrina and other hurri10 canes of the 2005 season, $11,800,000, to remain avail11 able until expended: Provided, That the amount provided 

12 under this heading is designated as an emergency require13 ment pursuant to section 402 of H. Con. Res. 95 (109th 

14 Congress), the concurrent resolution on the budget for fis15 cal year 2006. 

16 SCIENCE 

17 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

18 EXPLORATION CAPABILITIES

19 For an additional amount for ‘‘Exploration Capabili20 ties’’, for necessary expenses related to the consequences 

21 of Hurricane Katrina and other hurricanes of the 2005 

22 season, $30,000,000, to remain available until expended: 

23 Provided, That the amount provided under this heading 

24 is designated as an emergency requirement pursuant to 
71 

HR 4939 RS 

1 section 402 of H. Con. Res. 95 (109th Congress), the con2 current resolution on the budget for fiscal year 2006. 

3 RELATED AGENCIES 

4 SMALL BUSINESS ADMINISTRATION

5 DISASTER LOANS PROGRAM ACCOUNT

6 (INCLUDING TRANSFERS OF FUNDS)

7 For an additional amount for ‘‘Disaster Loans Pro8 gram Account’’ for the cost of direct loans authorized by 

9 section 7(b) of the Small Business Act, $1,254,000,000, 

10 to remain available until expended: Provided, That such 

11 costs, including the cost of modifying such loans, shall be 

12 as defined in section 502 of the Congressional Budget Act 

13 of 1974: Provided further, That, of the amount provided 

14 under this heading, up to $190,000,000 may be trans15 ferred to and merged with appropriations for ‘‘Small Busi16 ness Administration, Salaries and Expenses’’ for adminis17 trative expenses to carry out the disaster loan program: 

18 Provided further, That none of the funds provided under 

19 this heading may be used for indirect administrative ex20 penses: Provided further, That, of the amount provided 

21 under this heading, $712,000,000 is hereby transferred to 

22 ‘‘Federal Emergency Management Agency, Disaster Re23 lief’’ to reimburse that account for funds transferred to 

24 this account by Public Law 109–174: Provided further, 

25 That the amount provided under this heading is des26 ignated as an emergency requirement pursuant to section 
72 

HR 4939 RS 

1 402 of H. Con. Res. 95 (109th Congress), the concurrent 

2 resolution on the budget for fiscal year 2006. 

3 CHAPTER 8 

4 DEPARTMENT OF HOUSING AND URBAN 

5 DEVELOPMENT 

6 COMMUNITY PLANNING AND DEVELOPMENT

7 COMMUNITY DEVELOPMENT FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for the ‘‘Community devel10 opment fund’’, for necessary expenses related to disaster 

11 relief, long-term recovery, and restoration of infrastruc12 ture in the most impacted and distressed areas related to 

13 the consequences of hurricanes in the Gulf of Mexico in 

14 2005 in States for which the President declared a major 

15 disaster under title IV of the Robert T. Stafford Disaster 

16 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

17 seq.) in conjunction with Hurricane Katrina, Rita, or 

18 Wilma, $4,200,000,000, to remain available until ex19 pended, for activities authorized under title I of the Hous20 ing and Community Development Act of 1974 (Public 

21 Law 93–383): Provided, That funds made available under 

22 this heading shall be distributed to address the most crit23 ical recovery requirements notwithstanding funding limita24 tions under this heading in title I of division B of Public 

25 Law 109–148: Provided further, That funds provided 

26 under this heading shall be administered through an entity 
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1 or entities designated by the Governor of each State: Pro2 vided further, That such funds may not be used for activi3 ties reimbursable by or for which funds are made available 

4 by the Federal Emergency Management Agency or the 

5 Army Corps of Engineers: Provided further, That funds 

6 allocated under this heading shall not adversely affect the 

7 amount of any formula assistance received by a State 

8 under this heading: Provided further, That each State may 

9 use up to five percent of its allocation for administrative 

10 costs: Provided further, That not less than $1,000,000,000 

11 from funds made available under this heading shall be 

12 used for repair, rehabilitation, and reconstruction (includ13 ing demolition, site clearance and remediation) of the af14 fordable rental housing stock (including public and other 

15 HUD-assisted housing) in the impacted areas: Provided 

16 further, That in administering the funds under this head17 ing, the Secretary of Housing and Urban Development 

18 may waive, or specify alternative requirements for, any 

19 provision of any statute or regulation that the Secretary 

20 administers in connection with the obligation by the Sec21 retary or the use by the recipient of these funds or guaran22 tees (except for requirements related to fair housing, non23 discrimination, labor standards, and the environment), 

24 upon a request by the State that such waiver is required 

25 to facilitate the use of such funds or guarantees, and a 
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1 finding by the Secretary that such waiver would not be 

2 inconsistent with the overall purpose of the statute, as 

3 modified: Provided further, That the Secretary may waive 

4 the requirement that activities benefit persons of low and 

5 moderate income, except that at least 50 percent of the 

6 funds made available under this heading must benefit pri7 marily persons of low and moderate income unless the Sec8 retary otherwise makes a finding of compelling need: Pro9 vided further, That the Secretary shall publish in the Fed10 eral Register any waiver of any statute or regulation that 

11 the Secretary administers pursuant to title I of the Hous12 ing and Community Development Act of 1974 no later 

13 than 5 days before the effective date of such waiver: Pro14 vided further, That every waiver made by the Secretary 

15 must be reconsidered according to the three previous pro16 visos on the two-year anniversary of the day the Secretary 

17 published the waiver in the Federal Register: Provided fur18 ther, That prior to the obligation of funds each State shall 

19 submit a plan to the Secretary detailing the proposed use 

20 of all funds, including criteria for eligibility and how the 

21 use of these funds will address long-term recovery and res22 toration of infrastructure: Provided further, That prior to 

23 the obligation of funds to each State, the Secretary shall 

24 ensure that such plan gives priority to infrastructure de25 velopment and rehabilitation and the rehabilitation and re-
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1 construction of the affordable rental housing stock includ2 ing public and other HUD-assisted housing: Provided fur3 ther, That each State will report quarterly to the Commit4 tees on Appropriations on all awards and uses of funds 

5 made available under this heading, including specifically 

6 identifying all awards of sole-source contracts and the ra7 tionale for making the award on a sole-source basis: Pro8 vided further, That the Secretary shall notify the Commit9 tees on Appropriations on any proposed allocation of any 

10 funds and any related waivers made pursuant to these pro11 visions under this heading no later than 5 days before such 

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

13 establish procedures to prevent recipients from receiving 

14 any duplication of benefits and report quarterly to the 

15 Committees on Appropriations with regard to all steps 

16 taken to prevent fraud and abuse of funds made available 

17 under this heading including duplication of benefits: Pro18 vided further, That of the amounts made available under 

19 this heading, the Secretary may transfer a total of up to 

20 $15,000,000 to the Office of Inspector General and ‘‘Man21 agement and Administration, Salaries and Expenses’’ for 

22 costs associated with administration and oversight: Pro23 vided further, That none of the funds provided under this 

24 heading may be used by a State or locality as a matching 

25 requirement, share, or contribution for any other Federal 
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1 program: Provided further, That the amounts provided 

2 under this heading are designated as an emergency re3 quirement pursuant to section 402 of H. Con. Res. 95 

4 (109th Congress), the concurrent resolution on the budget 

5 for fiscal year 2006. 

6 INDEPENDENT AGENCY 

7 GENERAL SERVICES ADMINISTRATION

8 FEDERAL BUILDINGS FUND

9 For an additional amount for ‘‘Federal Buildings 

10 Fund’’ for necessary expenses related to the consequences 

11 of Hurricane Katrina and other hurricanes of the 2005 

12 season, $37,000,000, from the General Fund and to re13 main available until expended: Provided, That notwith14 standing 40 U.S.C. 3307, the Administrator of General 

15 Services is authorized to proceed with repairs and alter16 ations for affected buildings: Provided further, That he 

17 amount provided under this heading is designated as an 

18 emergency requirement pursuant to section 402 of H. 

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

20 on the budget for fiscal year 2006. 

21 TITLE III—GENERAL PROVISIONS AND 

22 TECHNICAL CORRECTIONS 

23 SEC. 3001. No part of any appropriation contained 

24 in this Act shall remain available for obligation beyond 

25 the current fiscal year unless expressly so provided herein. 
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1 SEC. 3002. Notwithstanding subsection (b) of section 

2 102 of title I of division B of Public Law 109–148 (119 

3 Stat. 2748), the Secretary of Agriculture may provide fi4 nancial and technical assistance in carrying out such sec5 tion in an amount up to 100 percent Federal share, as 

6 provided in regulations implementing the emergency wa7 tershed protection program: Provided, That the amount 

8 provided under this heading is designated as an emergency 

9 requirement pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), the concurrent resolution on the budget 

11 for fiscal year 2006. 

12 SEC. 3003. Funds appropriated pursuant to this Act, 

13 or made available by the transfer of funds in or pursuant 

14 to this Act, for intelligence activities are deemed to be spe15 cifically authorized by the Congress for purposes of section 

16 504 of the National Security Act of 1947 (50 U.S.C. 414). 

17 (INCLUDING RESCISSION OF FUNDS)

18 SEC. 3004. (a) RESCISSION.—Of the unobligated bal19 ances available for ‘‘Immigration and Customs Enforce20 ment—Automation Modernization’’, $43,620,000 are re21 scinded. 

22 (b) APPROPRIATION.—For an additional amount for 

23 ‘‘United States Secret Service—Salaries and Expenses’’ 

24 for critical investigative and protective operations, 

25 $43,620,000: Provided, That none of the funds appro26 priated in this section or under the heading United States 
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1 Secret Service ‘‘Salaries and Expenses’’ in any other Act 

2 may be used to support the position of the Chief Financial 

3 Officer until the Committees on Appropriations receive: 

4 (1) a comprehensive workload re-balancing report that in5 cludes funding and position requirements for current in6 vestigative and protective operations; (2) a comprehensive 

7 analysis of the methodology used to estimate current 

8 workloads and develop annual operating budgets; and (3) 

9 a budget formulation model for National Special Security 

10 Events: Provided further, That none of the funds appro11 priated in this section may be obligated until the Commit12 tees on Appropriations receive a revised Program, Project 

13 and Activity schedule based on current investigative and 

14 protective workload requirements, including a comprehen15 sive analysis of the methodology used to estimate those 

16 requirements. 

17 SEC. 3005. (a) The matter under the heading ‘‘Ten18 ant-Based Rental Assistance’’ in chapter 9 of title I of 

19 division B of Public Law 109–148 is amended— 

20 (1) in the first proviso, by striking ‘‘or the 

21 Stewart B. McKinney Homeless Assistance Act 

22 (Public Law 100–77)’’ and inserting ‘‘the McKin23 ney-Vento Homeless Assistance Act, section 

24 221(d)(3), 221(d)(5), or 236 of the National Hous-
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1 ing Act, or section 101 of the Housing and Urban 

2 Development Act of 1965’’; and 

3 (2) in the second proviso, by inserting ‘‘, except 

4 that paragraph (7)(A) of such section shall not 

5 apply’’ after ‘‘1937’’. 

6 (b) The provisions of this section are designated as 

7 an emergency requirement pursuant to section 402 of H. 

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

9 on the budget for fiscal year 2006. 

10 SEC. 3006. Notwithstanding 49 U.S.C. 5336, any 

11 funds remaining available under Federal Transit Adminis12 tration grant numbers NY–03–345–00, NY–03–0325–00, 

13 NY–03–0405, NY–90–X398–00, NY–90–X373–00, NY– 

14 90–X418–00, NY–90–X465–00 together with an amount 

15 not to exceed $19,200,000 in urbanized area formula 

16 funds that were allocated by the New York Metropolitan 

17 Transportation Council to the New York City Department 

18 of Transportation as a designated recipient under 49 

19 U.S.C. 5307 may be made available to the New York Met20 ropolitan Transportation Authority for eligible capital 

21 projects authorized under 49 U.S.C. 5307 and 5309. 

22 SEC. 3007. The referenced statement of the man23 agers under the heading ‘‘Community Development Fund’’ 

24 in title II of division I of Public Law 108–447 is deemed 

25 to be amended— 
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1 (1) with respect to item number 536, by strik2 ing ‘‘an economic development planning study’’ and 

3 inserting ‘‘the Main Street Revitalization Project’’; 

4 and 

5 (2) with respect to item number 444, by strik6 ing ‘‘City of St. Petersburg, Florida for facilities 

7 construction and renovation for the Mid-Pinellas 

8 Science Center’’ and inserting ‘‘St. Petersburg Col9 lege, City of Seminole, Florida for the development 

10 of a Science and Nature Park at St. Petersburg Col11 lege’’. 

12 SEC. 3008. (a) The second paragraph under the 

13 heading ‘‘Community Development Fund’’ in title III of 

14 division A of Public Law 109–115 is amended by striking 

15 ‘‘statement of managers accompanying this Act’’ and in16 serting ‘‘statement of managers correction for H.R. 3058 

17 relating to the Economic Development Initiative submitted 

18 to the House of Representatives by the Chairman of the 

19 Committee on Appropriations of the House on November 

20 18, 2005, and printed in the House section of the Con21 gressional Record on such date’’. 

22 (b) Section 5023 of title V of division B of Public 

23 Law 109–148 is amended by striking ‘‘in title III of Public 

24 Law 109–115 (as in effect pursuant to H. Con. Res. 308, 
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1 109th Congress)’’ and inserting ‘‘in title III of division 

2 A of Public Law 109–115’’. 

3 (c) Each amendment made by this section shall apply 

4 as if included in the amended public law on the date of 

5 its enactment. 

6 SEC. 3009. The statement of managers correction 

7 referenced in the second paragraph under the heading 

8 ‘‘Community Development Fund’’ in title III of division 

9 A of Public Law 109–115 is deemed to be amended— 

10 (1) with respect to item number 714, by strik11 ing ‘‘construction of a senior center;’’ and inserting 

12 ‘‘renovation and buildout of a multipurpose center;’’; 

13 (2) with respect to item number 850, by strik14 ing ‘‘City of Lancaster, Pennsylvania’’ and inserting 

15 ‘‘in Pennsylvania’’; and 

16 (3) with respect to item number 925, by strik17 ing ‘‘Greenwood Partnership Alliance, South Caro18 lina for the renovation of Old Federal Courthouse;’’ 

19 and inserting ‘‘City of Greenwood, South Carolina 

20 for the Emerald Triangle Project;’’. 

21 SEC. 3010. Section 9001 of the Deficit Reduction Act 

22 of 2005 is amended— 

23 (1) in subsection (a), by striking ‘‘for a 1-time 

24 only obligation and expenditure’’; 

25 (2) in subsection (a)(2)— 
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1 (A) by striking ‘‘for fiscal year 2007’’; and 

2 (B) by inserting before the period at the 

3 end the following: ‘‘, to remain available until 

4 September 30, 2007’’; and 

5 (3) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) EMERGENCY DESIGNATION.—The amount pro8 vided under subsection (a)(2) is designated as an emer9 gency requirement pursuant to section 402 of H. Con. 

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

11 the budget for fiscal year 2006.’’. 

12 SEC. 3011. (a) None of the funds made available in 

13 this Act or any other Act may be used to take any action 

14 under section 721 of the Defense Production Act of 1950 

15 (50 U.S.C. App. 2170) or any other provision of law to 

16 approve or otherwise allow the acquisition of any leases, 

17 contracts, rights, or other obligations of P&O Ports by 

18 Dubai Ports World or any other legal entity affiliated with 

19 or controlled by Dubai Ports World. 

20 (b) Notwithstanding any other provision of law or any 

21 prior action or decision by or on behalf of the President 

22 under section 721 of the Defense Production Act of 1950 

23 (50 U.S.C. App. 2170), the acquisition of any leases, con24 tracts, rights, or other obligations of P&O Ports by Dubai 

25 Ports World or any other legal entity affiliated with or 
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1 controlled by Dubai Ports World is hereby prohibited and 

2 shall have no effect. 

3 (c) The limitation in subsection (a) and the prohibi4 tion in subsection (b) apply with respect to the acquisition 

5 of any leases, contracts, rights, or other obligations on or 

6 after January 1, 2006. 

7 (d) In this section: 

8 (1) The term ‘‘P&O Ports’’ means P&O Ports, 

9 North America, a United States subsidiary of the 

10 Peninsular and Oriental Steam Navigation Com11 pany, a company that is a national of the United 

12 Kingdom. 

13 (2) The term ‘‘Dubai Ports World’’ means 

14 Dubai Ports World, a company that is partly owned 

15 and controlled by the Government of the United 

16 Arab Emirates. 

17 SEC. 3012. (a) None of the funds appropriated in 

18 Public Law 109–102 or any prior Act making appropria19 tions for foreign operations, export financing and related 

20 programs may be obligated or expended for assistance to 

21 the Palestinian Authority or a successor entity until the 

22 Secretary of State certifies to the Committees on Appro23 priations that such entity has demonstrated its commit24 ment to the principles of nonviolence, the recognition of 
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1 Israel, and the acceptance of previous agreements and ob2 ligations, including the Roadmap. 

3 (b) None of the funds appropriated under the heading 

4 ‘‘Economic Support Fund’’ in Public Law 109–102 or any 

5 prior Act making appropriations for foreign operations, 

6 export financing and related programs may be obligated 

7 or expended for assistance to the West Bank and Gaza 

8 until the Secretary of State reviews the current assistance 

9 program, consults with the Committees on Appropriations, 

10 and submits a revised plan for such assistance: Provided, 

11 That such plan shall be submitted not later than April 

12 30, 2006, and shall contain specific and appropriate steps 

13 to ensure that United States assistance is not provided 

14 to or through any individual, private or government entity, 

15 or educational institution that the Secretary knows or has 

16 reason to believe advocates, plans, sponsors, engages in, 

17 or has engaged in, terrorist activity. 

18 SEC. 3013. None of the funds made available by this 

19 Act may be used to prohibit registered and legal, but dis20 placed, residents of the Gulf Coast region from the right 

21 to legally vote in any officially designated election of the 

22 Gulf Coast region. 

23 SEC. 3014. None of the funds made available in this 

24 Act may be used by the Government of the United States 
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1 to enter into a basing rights agreement between the 

2 United States and Iraq. 

3 This Act may be cited as the ‘‘Emergency Supple4 mental Appropriations Act for Defense, the Global War 

5 on Terror, and Hurricane Recovery, 2006’’. 

6 That the following sums are appropriated, out of any 

7 money in the Treasury not otherwise appropriated, for the 

8 fiscal year ending September 30, 2006, and for other pur9 poses, namely: 

10 TITLE I 

11 GLOBAL WAR ON TERROR SUPPLEMENTAL 

12 APPROPRIATIONS 

13 CHAPTER 1 

14 DEPARTMENT OF AGRICULTURE 

15 FOREIGN AGRICULTURAL SERVICE

16 PUBLIC LAW 480 TITLE II GRANTS

17 For an additional amount for ‘‘Public Law 480 Title 

18 II Grants’’, during the current fiscal year, not otherwise 

19 recoverable, and unrecovered prior years’ costs, including 

20 interest thereon, under the Agricultural Trade Development 

21 and Assistance Act of 1954, for commodities supplied in 

22 connection with dispositions abroad under title II of said 

23 Act, $350,000,000, to remain available until expended: Pro24 vided, That from this amount, to the maximum extent pos25 sible, funding shall be used to support the previously ap-
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1 proved fiscal year 2006 programs under section 204(a)(2) 

2 of the Agricultural Trade Development and Assistance Act 

3 of 1954: Provided further, That the amount provided under 

4 this heading is designated as an emergency requirement 

5 pursuant to section 402 of H. Con. Res. 95 (109th Con6 gress), the concurrent resolution on the budget for fiscal year 

7 2006. 

8 CHAPTER 2 

9 DEPARTMENT OF JUSTICE 

10 LEGAL ACTIVITIES

11 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $3,000,000, to remain available until September 

14 30, 2007: Provided, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

17 concurrent resolution on the budget for fiscal year 2006. 

18 UNITED STATES MARSHALS SERVICE

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘Salaries and Ex21 penses’’, $1,500,000, to remain available until September 

22 30, 2007: Provided, That the amount provided under this 

23 heading is designated as an emergency requirement pursu24 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

25 concurrent resolution on the budget for fiscal year 2006. 
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1 FEDERAL BUREAU OF INVESTIGATION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $82,000,000, to remain available until September 

5 30, 2007: Provided, That the amount provided under this 

6 heading is designated as an emergency requirement pursu7 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

8 concurrent resolution on the budget for fiscal year 2006. 

9 DRUG ENFORCEMENT ADMINISTRATION

10 SALARIES AND EXPENSES

11 For an additional amount for ‘‘Salaries and Ex12 penses’’, $5,000,000, to remain available until September 

13 30, 2007: Provided, That the amount provided under this 

14 heading is designated as an emergency requirement pursu15 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

16 concurrent resolution on the budget for fiscal year 2006. 

17 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

18 EXPLOSIVES

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘Salaries and Ex21 penses’’, $4,000,000, to remain available until September 

22 30, 2007: Provided, That the amount provided under this 

23 heading is designated as an emergency requirement pursu24 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

25 concurrent resolution on the budget for fiscal year 2006. 
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1 DEPARTMENT OF STATE AND RELATED AGENCY 

2 DEPARTMENT OF STATE 

3 ADMINISTRATION OF FOREIGN AFFAIRS

4 DIPLOMATIC AND CONSULAR PROGRAMS

5 For an additional amount for ‘‘Diplomatic and Con6 sular Programs’’, $1,452,600,000, to remain available until 

7 September 30, 2007: Provided, That the amount provided 

8 under this heading is designated as an emergency require9 ment pursuant to section 402 of H. Con. Res. 95 (109th 

10 Congress), the concurrent resolution on the budget for fiscal 

11 year 2006. 

12 OFFICE OF INSPECTOR GENERAL

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Office of Inspector 

15 General’’, $25,300,000, to remain available until September 

16 30, 2007, of which $24,000,000 shall be transferred to the 

17 Special Inspector General for Iraq Reconstruction: Pro18 vided, That the amounts provided under this heading are 

19 designated as an emergency requirement pursuant to sec20 tion 402 of H. Con. Res. 95 (109th Congress), the concur21 rent resolution on the budget for fiscal year 2006. 

22 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

23 For an additional amount for ‘‘Educational and Cul24 tural Exchange Programs’’, $5,000,000, to remain available 

25 until expended: Provided, That the amount provided under 
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1 this heading is designated as an emergency requirement 

2 pursuant to section 402 of H. Con. Res. 95 (109th Con3 gress), the concurrent resolution on the budget for fiscal year 

4 2006. 

5 INTERNATIONAL ORGANIZATIONS

6 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

7 ACTIVITIES

8 For an additional amount for ‘‘Contributions for 

9 International Peacekeeping Activities’’, $69,800,000, to re10 main available until September 30, 2007: Provided, That 

11 the amount provided under this heading is designated as 

12 an emergency requirement pursuant to section 402 of H. 

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

14 the budget for fiscal year 2006. 

15 RELATED AGENCY 

16 BROADCASTING BOARD OF GOVERNORS

17 INTERNATIONAL BROADCASTING OPERATIONS

18 For an additional amount for ‘‘International Broad19 casting Operations’’ for programs and activities promoting 

20 democracy in Iran, $30,250,000, to remain available until 

21 expended: Provided, That the amount provided under this 

22 heading is designated as an emergency requirement pursu23 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

24 concurrent resolution on the budget for fiscal year 2006. 
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1 GENERAL PROVISION—THIS CHAPTER 

2 AUTHORIZATION OF FUNDS

3 SEC. 1201. Funds appropriated or made available by 

4 transfer in this chapter may be obligated and expended not5 withstanding section 15 of the State Department Basic Au6 thorities Act of 1956, section 10 of Public Law 91–672 (22 

7 U.S.C. 2412), section 504(a)(1) of the National Security Act 

8 of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the For9 eign Relations Authorization Act, Fiscal Years 1994 and 

10 1995 (Public Law 103–236). 

11 CHAPTER 3 

12 DEPARTMENT OF DEFENSE—MILITARY 

13 MILITARY PERSONNEL 

14 MILITARY PERSONNEL, ARMY

15 For an additional amount for ‘‘Military Personnel, 

16 Army’’, $6,665,284,000: Provided, That the amount pro17 vided under this heading is designated as an emergency re18 quirement pursuant to section 402 of H. Con. Res. 95 

19 (109th Congress), the concurrent resolution on the budget 

20 for fiscal year 2006. 

21 MILITARY PERSONNEL, NAVY

22 For an additional amount for ‘‘Military Personnel, 

23 Navy’’, $1,071,474,000: Provided, That the amount pro24 vided under this heading is designated as an emergency re25 quirement pursuant to section 402 of H. Con. Res. 95 
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1 (109th Congress), the concurrent resolution on the budget 

2 for fiscal year 2006. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For an additional amount for ‘‘Military Personnel, 

5 Marine Corps’’, $860,872,000: Provided, That the amount 

6 provided under this heading is designated as an emergency 

7 requirement pursuant to section 402 of H. Con. Res. 95 

8 (109th Congress), the concurrent resolution on the budget 

9 for fiscal year 2006. 

10 MILITARY PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘Military Personnel, 

12 Air Force’’, $1,195,713,000: Provided, That the amount 

13 provided under this heading is designated as an emergency 

14 requirement pursuant to section 402 of H. Con. Res. 95 

15 (109th Congress), the concurrent resolution on the budget 

16 for fiscal year 2006. 

17 RESERVE PERSONNEL, ARMY

18 For an additional amount for ‘‘Reserve Personnel, 

19 Army’’, $150,570,000: Provided, That the amount provided 

20 under this heading is designated as an emergency require21 ment pursuant to section 402 of H. Con. Res. 95 (109th 

22 Congress), the concurrent resolution on the budget for fiscal 

23 year 2006. 
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1 RESERVE PERSONNEL, NAVY

2 For an additional amount for ‘‘Reserve Personnel, 

3 Navy’’, $115,712,000: Provided, That the amount provided 

4 under this heading is designated as an emergency require5 ment pursuant to section 402 of H. Con. Res. 95 (109th 

6 Congress), the concurrent resolution on the budget for fiscal 

7 year 2006. 

8 RESERVE PERSONNEL, MARINE CORPS

9 For an additional amount for ‘‘Reserve Personnel, Ma10 rine Corps’’, $13,192,000: Provided, That the amount pro11 vided under this heading is designated as an emergency re12 quirement pursuant to section 402 of H. Con. Res. 95 

13 (109th Congress), the concurrent resolution on the budget 

14 for fiscal year 2006. 

15 RESERVE PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘Reserve Personnel, Air 

17 Force’’, $3,440,000: Provided, That the amount provided 

18 under this heading is designated as an emergency require19 ment pursuant to section 402 of H. Con. Res. 95 (109th 

20 Congress), the concurrent resolution on the budget for fiscal 

21 year 2006. 

22 NATIONAL GUARD PERSONNEL, ARMY

23 For an additional amount for ‘‘National Guard Per24 sonnel, Army’’, $121,550,000: Provided, That the amount 

25 provided under this heading is designated as an emergency 
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1 requirement pursuant to section 402 of H. Con. Res. 95 

2 (109th Congress), the concurrent resolution on the budget 

3 for fiscal year 2006. 

4 NATIONAL GUARD PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘National Guard Per6 sonnel, Air Force’’, $6,200,000: Provided, That the amount 

7 provided under this heading is designated as an emergency 

8 requirement pursuant to section 402 of H. Con. Res. 95 

9 (109th Congress), the concurrent resolution on the budget 

10 for fiscal year 2006. 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 For an additional amount for ‘‘Operation and Mainte14 nance, Army’’, $17,594,410,000: Provided, That the amount 

15 provided under this heading is designated as an emergency 

16 requirement pursuant to section 402 of H. Con. Res. 95 

17 (109th Congress), the concurrent resolution on the budget 

18 for fiscal year 2006. 

19 OPERATION AND MAINTENANCE, NAVY

20 For an additional amount for ‘‘Operation and Mainte21 nance, Navy’’, $2,826,693,000: Provided, That the amount 

22 provided under this heading is designated as an emergency 

23 requirement pursuant to section 402 of H. Con. Res. 95 

24 (109th Congress), the concurrent resolution on the budget 

25 for fiscal year 2006. 
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For an additional amount for ‘‘Operation and Mainte3 nance, Marine Corps’’, $1,589,911,000: Provided, That the 

4 amount provided under this heading is designated as an 

5 emergency requirement pursuant to section 402 of H. Con. 

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

7 budget for fiscal year 2006. 

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For an additional amount for ‘‘Operation and Mainte10 nance, Air Force’’, $6,057,408,000: Provided, That the 

11 amount provided under this heading is designated as an 

12 emergency requirement pursuant to section 402 of H. Con. 

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

14 budget for fiscal year 2006. 

15 OPERATION AND MAINTENANCE, DEFENSE-WIDE

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Operation and Mainte18 nance, Defense-Wide’’, $2,879,899,000, of which— 

19 (1) not to exceed $25,000,000 may be used for the 

20 Combatant Commander Initiative Fund, to be used in 

21 support of Operation Iraqi Freedom and Operation 

22 Enduring Freedom; 

23 (2) not to exceed $740,000,000, to remain avail24 able until expended, may be used for payments to re25 imburse Pakistan, Jordan, and other key cooperating 
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1 nations, for logistical, military, and other support 

2 provided, or to be provided, to United States military 

3 operations, notwithstanding any other provision of 

4 law: Provided, That such payments may be made in 

5 such amounts as the Secretary of Defense, with the 

6 concurrence of the Secretary of State, and in con7 sultation with the Director of the Office of Manage8 ment and Budget, may determine, in his discretion, 

9 based on documentation determined by the Secretary 

10 of Defense to adequately account for the support pro11 vided, and such determination is final and conclusive 

12 upon the accounting officers of the United States, and 

13 15 days following notification to the appropriate con14 gressional committees: Provided further, That the Sec15 retary of Defense shall provide quarterly reports to 

16 the congressional defense committees on the use of 

17 funds provided in this paragraph; 

18 (3) not to exceed $36,500,000 for Cooperative 

19 Threat Reduction; and 

20 (4) $75,000,000 shall be transferred to the Coast 

21 Guard ‘‘Operating Expenses’’ account: 

22 Provided, That the amount provided under this heading is 

23 designated as an emergency requirement pursuant to sec24 tion 402 of H. Con. Res. 95 (109th Congress), the concur25 rent resolution on the budget for fiscal year 2006. 
96 

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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Army Reserve’’, $100,100,000: Provided, That the 

4 amount provided under this heading is designated as an 

5 emergency requirement pursuant to section 402 of H. Con. 

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

7 budget for fiscal year 2006. 

8 OPERATION AND MAINTENANCE, NAVY RESERVE

9 For an additional amount for ‘‘Operation and Mainte10 nance, Navy Reserve’’, $236,509,000: Provided, That the 

11 amount provided under this heading is designated as an 

12 emergency requirement pursuant to section 402 of H. Con. 

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

14 budget for fiscal year 2006. 

15 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Marine Corps Reserve’’, $87,875,000: Provided, That 

18 the amount provided under this heading is designated as 

19 an emergency requirement pursuant to section 402 of H. 

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

21 the budget for fiscal year 2006. 

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For an additional amount for ‘‘Operation and Mainte24 nance, Air Force Reserve’’, $18,563,000: Provided, That the 

25 amount provided under this heading is designated as an 
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1 emergency requirement pursuant to section 402 of H. Con. 

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

3 budget for fiscal year 2006. 

4 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

5 For an additional amount for ‘‘Operation and Mainte6 nance, Army National Guard’’, $178,600,000: Provided, 

7 That the amount provided under this heading is designated 

8 as an emergency requirement pursuant to section 402 of 

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

10 on the budget for fiscal year 2006. 

11 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

12 For an additional amount for ‘‘Operation and Mainte13 nance, Air National Guard’’, $30,400,000: Provided, That 

14 the amount provided under this heading is designated as 

15 an emergency requirement pursuant to section 402 of H. 

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

17 the budget for fiscal year 2006. 

18 AFGHANISTAN SECURITY FORCES FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For the ‘‘Afghanistan Security Forces Fund’’, 

21 $1,908,133,000, to remain available until September 30, 

22 2007: Provided, That such funds shall be available to the 

23 Secretary of Defense, notwithstanding any other provision 

24 of law, for the purpose of allowing the Commander, Office 

25 of Security Cooperation—Afghanistan, or the Secretary’s 
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1 designee, to provide assistance, with the concurrence of the 

2 Secretary of State, to the security forces of Afghanistan, in3 cluding the provision of equipment, supplies, services, 

4 training, facility and infrastructure repair, renovation, 

5 and construction, and funding: Provided further, That the 

6 authority to provide assistance under this section is in ad7 dition to any other authority to provide assistance to for8 eign nations: Provided further, That the Secretary of De9 fense may transfer such funds to appropriations for mili10 tary personnel; operation and maintenance; Overseas Hu11 manitarian, Disaster, and Civic Aid; procurement; re12 search, development, test and evaluation; and defense work13 ing capital funds to accomplish the purposes provided here14 in: Provided further, That this transfer authority is in ad15 dition to any other transfer authority available to the De16 partment of Defense: Provided further, That upon a deter17 mination that all or part of the funds so transferred from 

18 this appropriation are not necessary for the purposes pro19 vided herein, such amounts may be transferred back to this 

20 appropriation: Provided further, That contributions of 

21 funds for the purposes provided herein from any person, 

22 foreign government, or international organization may be 

23 credited to this Fund, and used for such purposes: Provided 

24 further, That the Secretary shall notify the congressional 

25 defense committees in writing upon the receipt and upon 
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1 the transfer of any contribution, delineating the sources and 

2 amounts of the funds received and the specific use of such 

3 contributions: Provided further, That the Secretary of De4 fense shall, not fewer than five days prior to making trans5 fers from this appropriation account, notify the congres6 sional defense committees in writing of the details of any 

7 such transfer: Provided further, That the Secretary shall 

8 submit a report no later than 30 days after the end of each 

9 fiscal quarter to the congressional defense committees sum10 marizing the details of the transfer of funds from this ap11 propriation: Provided further, That the amount provided 

12 under this heading is designated as an emergency require13 ment pursuant to section 402 of H. Con. Res. 95 (109th 

14 Congress), the concurrent resolution on the budget for fiscal 

15 year 2006. 

16 IRAQ SECURITY FORCES FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For the ‘‘Iraq Security Forces Fund’’, $3,703,000,000, 

19 to remain available until September 30, 2007: Provided, 

20 That such funds shall be available to the Secretary of De21 fense, notwithstanding any other provision of law, for the 

22 purpose of allowing the Commander, Multi-National Secu23 rity Transition Command—Iraq, or the Secretary’s des24 ignee, to provide assistance, with the concurrence of the Sec25 retary of State, to the security forces of Iraq, including the 
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1 provision of equipment, supplies, services, training, facility 

2 and infrastructure repair, renovation, and construction, 

3 and funding: Provided further, That the authority to pro4 vide assistance under this section is in addition to any 

5 other authority to provide assistance to foreign nations: 

6 Provided further, That the Secretary of Defense may trans7 fer such funds to appropriations for military personnel; op8 eration and maintenance; Overseas Humanitarian, Dis9 aster, and Civic Aid; procurement; research, development, 

10 test and evaluation; and defense working capital funds to 

11 accomplish the purposes provided herein: Provided further, 

12 That this transfer authority is in addition to any other 

13 transfer authority available to the Department of Defense: 

14 Provided further, That upon a determination that all or 

15 part of the funds so transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That contributions of funds for the pur19 poses provided herein from any person, foreign government, 

20 or international organization may be credited to this Fund, 

21 and used for such purposes: Provided further, That the Sec22 retary shall notify the congressional defense committees in 

23 writing upon the receipt and upon the transfer of any con24 tribution, delineating the sources and amounts of the funds 

25 received and the specific use of such contributions: Provided 
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1 further, That the Secretary of Defense shall, not fewer than 

2 five days prior to making transfers from this appropriation 

3 account, notify the congressional defense committees in 

4 writing of the details of any such transfer: Provided further, 

5 That the Secretary shall submit a report no later than 30 

6 days after the end of each fiscal quarter to the congressional 

7 defense committees summarizing the details of the transfer 

8 of funds from this appropriation: Provided further, That 

9 the amount provided under this heading is designated as 

10 an emergency requirement pursuant to section 402 of H. 

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

12 the budget for fiscal year 2006. 

13 IRAQ FREEDOM FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Iraq Freedom Fund’’, 

16 $25,000,000, to remain available for transfer until Sep17 tember 30, 2007: Provided, That the amount provided under 

18 this heading is designated as an emergency requirement 

19 pursuant to section 402 of H. Con. Res. 95 (109th Con20 gress), the concurrent resolution on the budget for fiscal year 

21 2006. 

22 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For the ‘‘Joint Improvised Explosive Device Defeat 

25 Fund’’, $1,958,089,000, to remain available until Sep-
102 

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1 tember 30, 2008: Provided, That such funds shall be avail2 able to the Secretary of Defense, notwithstanding any other 

3 provision of law, for the purpose of allowing the Director 

4 of the Joint Improvised Explosive Device Defeat Organiza5 tion to investigate, develop and provide equipment, sup6 plies, services, training, facilities, personnel and funds to 

7 assist U.S. forces in the defeat of improvised explosive de8 vices: Provided further, That within 90 days of the enact9 ment of this Act, a plan for the intended management and 

10 use of the Fund is provided to the congressional defense 

11 committees: Provided further, That the Secretary of Defense 

12 shall submit a report not later than 30 days after the end 

13 of each fiscal quarter to the congressional defense commit14 tees providing assessments of the evolving threats, indi15 vidual service requirements to counter the threats, and de16 tails on the execution of this Fund: Provided further, That 

17 the Secretary of Defense may transfer funds provided herein 

18 to appropriations for military personnel; operation and 

19 maintenance; procurement; research, development, test and 

20 evaluation; and defense working capital funds to accom21 plish the purpose provided herein: Provided further, That 

22 this transfer authority is in addition to any other transfer 

23 authority available to the Department of Defense: Provided 

24 further, That upon determination that all or part of the 

25 funds so transferred from this appropriation are not nec-
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1 essary for the purpose provided herein, such amounts may 

2 be transferred back to this appropriation: Provided further, 

3 That the Secretary of Defense shall, not fewer than 5 days 

4 prior to making transfers from this appropriation, notify 

5 the congressional defense committees in writing of the de6 tails of any such transfer: Provided further, That the 

7 amount provided under this heading is designated as an 

8 emergency requirement pursuant to section 402 of H. Con. 

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

10 budget for fiscal year 2006. 

11 PROCUREMENT 

12 AIRCRAFT PROCUREMENT, ARMY

13 For an additional amount for ‘‘Aircraft Procurement, 

14 Army’’, $533,200,000, to remain available until September 

15 30, 2008: Provided, That the amount provided under this 

16 heading is designated as an emergency requirement pursu17 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

18 concurrent resolution on the budget for fiscal year 2006. 

19 MISSILE PROCUREMENT, ARMY

20 For an additional amount for ‘‘Missile Procurement, 

21 Army’’, $203,300,000, to remain available until September 

22 30, 2008: Provided, That the amount provided under this 

23 heading is designated as an emergency requirement pursu24 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

25 concurrent resolution on the budget for fiscal year 2006. 
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, $1,592,451,000, 

5 to remain available until September 30, 2008: Provided, 

6 That the amount provided under this heading is designated 

7 as an emergency requirement pursuant to section 402 of 

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

9 on the budget for fiscal year 2006. 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For an additional amount for ‘‘Procurement of Am12 munition, Army’’, $829,679,000, to remain available until 

13 September 30, 2008: Provided, That the amount provided 

14 under this heading is designated as an emergency require15 ment pursuant to section 402 of H. Con. Res. 95 (109th 

16 Congress), the concurrent resolution on the budget for fiscal 

17 year 2006. 

18 OTHER PROCUREMENT, ARMY

19 For an additional amount for ‘‘Other Procurement, 

20 Army’’, $6,286,145,000, to remain available until Sep21 tember 30, 2008: Provided, That the amount provided under 

22 this heading is designated as an emergency requirement 

23 pursuant to section 402 of H. Con. Res. 95 (109th Con24 gress), the concurrent resolution on the budget for fiscal year 

25 2006. 
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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $412,169,000, to remain available until September 

4 30, 2008: Provided, That the amount provided under this 

5 heading is designated as an emergency requirement pursu6 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

7 concurrent resolution on the budget for fiscal year 2006. 

8 WEAPONS PROCUREMENT, NAVY

9 For an additional amount for ‘‘Weapons Procurement, 

10 Navy’’, $63,351,000, to remain available until September 

11 30, 2008: Provided, That the amount provided under this 

12 heading is designated as an emergency requirement pursu13 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

14 concurrent resolution on the budget for fiscal year 2006. 

15 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

16 CORPS

17 For an additional amount for ‘‘Procurement of Am18 munition, Navy and Marine Corps’’, $327,126,000, to re19 main available until September 30, 2008: Provided, That 

20 the amount provided under this heading is designated as 

21 an emergency requirement pursuant to section 402 of H. 

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

23 the budget for fiscal year 2006. 
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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement, 

3 Navy’’, $140,144,000, to remain available until September 

4 30, 2008: Provided, That the amount provided under this 

5 heading is designated as an emergency requirement pursu6 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

7 concurrent resolution on the budget for fiscal year 2006. 

8 PROCUREMENT, MARINE CORPS

9 For an additional amount for ‘‘Procurement, Marine 

10 Corps’’, $2,576,467,000, to remain available until Sep11 tember 30, 2008: Provided, That the amount provided under 

12 this heading is designated as an emergency requirement 

13 pursuant to section 402 of H. Con. Res. 95 (109th Con14 gress), the concurrent resolution on the budget for fiscal year 

15 2006. 

16 AIRCRAFT PROCUREMENT, AIR FORCE

17 For an additional amount for ‘‘Aircraft Procurement, 

18 Air Force’’, $679,515,000, to remain available until Sep19 tember 30, 2008: Provided, That the amount provided under 

20 this heading is designated as an emergency requirement 

21 pursuant to section 402 of H. Con. Res. 95 (109th Con22 gress), the concurrent resolution on the budget for fiscal year 

23 2006. 
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1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For an additional amount for ‘‘Procurement of Am3 munition, Air Force’’, $29,047,000 to remain available 

4 until September 30, 2008: Provided, That the amount pro5 vided under this heading is designated as an emergency re6 quirement pursuant to section 402 of H. Con. Res. 95 

7 (109th Congress), the concurrent resolution on the budget 

8 for fiscal year 2006. 

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement, 

11 Air Force’’, $1,452,651,000, to remain available until Sep12 tember 30, 2008: Provided, That the amount provided under 

13 this heading is designated as an emergency requirement 

14 pursuant to section 402 of H. Con. Res. 95 (109th Con15 gress), the concurrent resolution on the budget for fiscal year 

16 2006. 

17 PROCUREMENT, DEFENSE-WIDE

18 For an additional amount for ‘‘Procurement, Defense19 Wide’’, $331,353,000, to remain available until September 

20 30, 2008: Provided, That the amount provided under this 

21 heading is designated as an emergency requirement pursu22 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

23 concurrent resolution on the budget for fiscal year 2006. 
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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

4 For an additional amount for ‘‘Research, Develop5 ment, Test and Evaluation, Army’’, $54,700,000, to remain 

6 available until September 30, 2007: Provided, That the 

7 amount provided under this heading is designated as an 

8 emergency requirement pursuant to section 402 of H. Con. 

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

10 budget for fiscal year 2006. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Navy’’, $124,845,000, to re14 main available until September 30, 2007: Provided, That 

15 the amount provided under this heading is designated as 

16 an emergency requirement pursuant to section 402 of H. 

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

18 the budget for fiscal year 2006. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

20 FORCE

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Air Force’’, $382,630,000, to 

23 remain available until September 30, 2007: Provided, That 

24 the amount provided under this heading is designated as 

25 an emergency requirement pursuant to section 402 of H. 
109 

HR 4939 RS 

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

2 the budget for fiscal year 2006. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 DEFENSE-WIDE

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Defense-Wide’’, $148,551,000, 

7 to remain available until September 30, 2007: Provided, 

8 That the amount provided under this heading is designated 

9 as an emergency requirement pursuant to section 402 of 

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

11 on the budget for fiscal year 2006. 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For an additional amount for ‘‘Defense Working Cap15 ital Funds’’, $516,700,000: Provided, That the amount pro16 vided under this heading is designated as an emergency re17 quirement pursuant to section 402 of H. Con. Res. 95 

18 (109th Congress), the concurrent resolution on the budget 

19 for fiscal year 2006. 

20 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

21 DEFENSE HEALTH PROGRAM

22 For an additional amount for ‘‘Defense Health Pro23 gram’’, $1,153,562,000 for operation and maintenance: 

24 Provided, That the amount provided under this heading is 

25 designated as an emergency requirement pursuant to sec-
110 

HR 4939 RS 

1 tion 402 of H. Con. Res. 95 (109th Congress), the concur2 rent resolution on the budget for fiscal year 2006. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Drug Interdiction and 

6 Counter-Drug Activities’’, $154,596,000, to remain avail7 able until expended: Provided, That these funds may be used 

8 only for such activities related to Afghanistan and the Cen9 tral Asia area: Provided further, That the Secretary of De10 fense may transfer such funds only to appropriations for 

11 military personnel; operation and maintenance; procure12 ment; and research, development, test and evaluation: Pro13 vided further, That the funds transferred shall be merged 

14 with and be available for the same purposes and for the 

15 same time period as the appropriation to which transferred: 

16 Provided further, That the transfer authority provided in 

17 this paragraph is in addition to any other transfer author18 ity available to the Department of Defense: Provided fur19 ther, That upon a determination that all or part of the 

20 funds transferred from this appropriation are not necessary 

21 for the purposes provided herein, such amounts may be 

22 transferred back to this appropriation: Provided further, 

23 That the amount provided under this heading is designated 

24 as an emergency requirement pursuant to section 402 of 
111 

HR 4939 RS 

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

2 on the budget for fiscal year 2006. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For an additional amount for ‘‘Office of the Inspector 

5 General’’, $1,815,000: Provided, That the amount provided 

6 under this heading is designated as an emergency require7 ment pursuant to section 402 of H. Con. Res. 95 (109th 

8 Congress), the concurrent resolution on the budget for fiscal 

9 year 2006. 

10 OTHER INDEPENDENT AGENCY 

11 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

12 For an additional amount for the ‘‘Intelligence Com13 munity Management Account’’, $158,875,000: Provided, 

14 That the amount provided under this heading is designated 

15 as an emergency requirement pursuant to section 402 of 

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

17 on the budget for fiscal year 2006. 

18 GENERAL PROVISIONS—THIS CHAPTER 

19 SPECIAL TRANSFER AUTHORITY

20 (TRANSFER OF FUNDS)

21 SEC. 1301. Upon his determination that such action 

22 is necessary in the national interest, the Secretary of De23 fense may transfer between appropriations up to 

24 $2,000,000,000 of the funds made available to the Depart25 ment of Defense in this chapter: Provided, That the Sec26 retary shall notify the Congress promptly of each transfer 
112 

HR 4939 RS 

1 made pursuant to this authority: Provided further, That the 

2 transfer authority provided in this section is in addition 

3 to any other transfer authority available to the Department 

4 of Defense: Provided further, That the authority in this sec5 tion is subject to the same terms and conditions as the au6 thority provided in section 8005 of the Department of De7 fense Appropriations Act, 2006, except for the fourth pro8 viso: Provided further, That the amount made available by 

9 the transfer of funds in or pursuant to this section is des10 ignated as an emergency requirement pursuant to section 

11 402 of H. Con. Res. 95 (109th Congress), the concurrent 

12 resolution on the budget for fiscal year 2006. 

13 GENERAL TRANSFER AUTHORITY

14 (TRANSFER OF FUNDS)

15 SEC. 1302. Section 8005 of the Department of Defense 

16 Appropriations Act, 2006, (Public Law 109–148; 119 Stat. 

17 2680), is amended by striking ‘‘$3,750,000,000’’ and insert18 ing ‘‘$4,350,000,000’’: Provided, That the amount made 

19 available by the transfer of funds in or pursuant to this 

20 section is designated as an emergency requirement pursuant 

21 to section 402 of H. Con. Res. 95 (109th Congress), the con22 current resolution on the budget for fiscal year 2006. 

23 DEFENSE COOPERATION ACCOUNT

24 (TRANSFER OF FUNDS)

25 SEC. 1303. During fiscal year 2006 and from funds 

26 in the Defense Cooperation Account, the Secretary of De-
113 

HR 4939 RS 

1 fense may transfer not to exceed $5,800,000 to such appro2 priations or funds of the Department of Defense as he shall 

3 determine for use consistent with the purposes for which 

4 such funds were contributed and accepted: Provided, That 

5 such amounts shall be available for the same time period 

6 as the appropriation to which transferred: Provided further, 

7 That the amount made available by the transfer of funds 

8 in or pursuant to this section is designated as an emergency 

9 requirement pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), the concurrent resolution on the budget 

11 for fiscal year 2006. 

12 U.S. CONTRIBUTIONS TO NATO

13 SEC. 1304. Section 1005(c)(2) of the National Defense 

14 Authorization Act, Fiscal Year 2006 (Public Law 109–163) 

15 is amended by striking ‘‘$289,447,000’’ and inserting 

16 ‘‘$345,547,000’’. 

17 COUNTER-DRUG ACTIVITIES

18 SEC. 1305. (a) AUTHORITY TO PROVIDE SUPPORT.— 

19 Of the amount appropriated by this Act under the heading, 

20 ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’, 

21 not to exceed $23,100,000 may be made available for sup22 port for counter-drug activities of the Governments of Af23 ghanistan, Pakistan, and Kyrgyzstan: Provided, That such 

24 support shall be in addition to support provided for the 

25 counter-drug activities of such Governments under any 

26 other provision of the law. 
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1 (b) TYPES OF SUPPORT.— 

2 (1) Except as specified in subsections (b)(2) and 

3 (b)(3) of this section, the support that may be pro4 vided under the authority in this section shall be lim5 ited to the types of support specified in section 

6 1033(c)(1) of the National Defense Authorization Act 

7 for Fiscal Year 1998 (Public Law 105–85, as amend8 ed by Public Law 106–398 and Public Law 108– 

9 136), and conditions on the provision of support as 

10 contained in section 1033 shall apply for fiscal year 

11 2006. 

12 (2) The Secretary of Defense may transfer vehi13 cles, aircraft, and detection, interception, monitoring 

14 and testing equipment to said Governments for 

15 counter-drug activities. 

16 (3) For the Government of Afghanistan, the Sec17 retary of Defense may also provide individual and 

18 crew-served weapons, and ammunition for counter19 drug security forces. 

20 ADVANCE BILLING

21 SEC. 1306. Notwithstanding 10 U.S.C. 2208(l), the 

22 total amount of advance billings rendered or imposed for 

23 all working capital funds of the Department of Defense in 

24 fiscal year 2006 shall not exceed $1,200,000,000: Provided, 

25 That the amount provided under this heading is designated 

26 as an emergency requirement pursuant to section 402 of 
115 

HR 4939 RS 

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

2 on the budget for fiscal year 2006. 

3 COMMANDER’S EMERGENCY RESPONSE PROGRAM

4 SEC. 1307. In addition to amounts authorized in sec5 tion 1202(a) of Public Law 109–163, from funds made 

6 available in this chapter to the Department of Defense, not 

7 to exceed $423,000,000 may be used to fund the Com8 mander’s Emergency Response Program and for a similar 

9 program to assist the people of Afghanistan, to remain 

10 available until December 31, 2007. 

11 SUPERVISION AND ADMINISTRATION COSTS OF

12 CONSTRUCTION PROJECTS

13 SEC. 1308. Supervision and administration costs asso14 ciated with a construction project funded with Afghan Secu15 rity Forces Fund or Iraq Security Forces Fund appropria16 tions may be obligated at the time a construction contract 

17 is awarded: Provided, That for the purpose of this section, 

18 supervision and administration costs include all in-house 

19 Government costs. 

20 PROHIBITION OF NEW START PROGRAMS

21 SEC. 1309. None of the funds provided in this chapter 

22 may be used to finance programs or activities denied by 

23 Congress in fiscal year 2005 and 2006 appropriations to 

24 the Department of Defense or to initiate a procurement or 

25 research, development, test and evaluation new start pro-
116 

HR 4939 RS 

1 gram without prior written notification to the congressional 

2 defense committees. 

3 RETROACTIVE PAYMENT OF ADDITIONAL DEATH GRATUITY

4 SEC. 1310. (a) Effective as of January 6, 2006, and 

5 as if included in the enactment of the National Defense Au6 thorization Act for Fiscal Year 2006 (Public Law 109–163), 

7 subsection (d)(2) of section 1478 of title 10, United States 

8 Code, as added by section 664(b) of such Act (119 Stat. 

9 3316), is amended by striking ‘‘May 11, 2005’’ and insert10 ing ‘‘August 31, 2005’’. 

11 (b) AVAILABILITY OF FUNDS.—Of the amounts appro12 priated or otherwise made available by this chapter for 

13 military personnel, an aggregate of $48,750,000 shall be 

14 available for the retroactive payment of death gratuity with 

15 respect to members of the Armed Forces as a result of the 

16 amendment made by subsection (a). 

17 VOTING ASSISTANCE

18 SEC. 1311. (a) Congress recognizes the importance of 

19 ensuring that absent uniformed services voters, Department 

20 of Defense personnel, and their dependents have the oppor21 tunity to exercise their right to vote. 

22 (b) IVAS BALLOT REQUEST PROGRAM.— 

23 (1) The Interim Voting Assistance System 

24 (IVAS) Ballot Request Program shall be continued 

25 with respect to all Department of Defense personnel, 

26 and their families, covered by the Uniformed and 
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HR 4939 RS 

1 Overseas Citizens Absentee Voting Act (42 U.S.C. 

2 1973ff et seq.). 

3 (2) Not later than 90 days after the date of the 

4 enactment of this Act, the Secretary shall submit to 

5 the congressional defense committees a report on the 

6 status of the program. 

7 (c) FUNDING.—Of the amounts provided by this Act, 

8 $5,820,000 shall be available for the program referred to 

9 in subsection (b). 

10 CHAPTER 4 

11 BILATERAL ECONOMIC ASSISTANCE 

12 FUNDS APPROPRIATED TO THE PRESIDENT 

13 UNITED STATES AGENCY FOR INTERNATIONAL

14 DEVELOPMENT

15 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

16 For an additional amount for ‘‘Child Survival and 

17 Health Programs Fund’’, $10,300,000, to remain available 

18 until September 30, 2007: Provided, That the amount pro19 vided under this heading is designated as an emergency re20 quirement pursuant to section 402 of H. Con. Res. 95 

21 (109th Congress), the concurrent resolution on the budget 

22 for fiscal year 2006. 

23 DEVELOPMENT ASSISTANCE

24 For an additional amount for ‘‘Development Assist25 ance’’, $10,500,000, to remain available until September 

26 30, 2007: Provided, That the amount provided under this 
118 

HR 4939 RS 

1 heading is designated as an emergency requirement pursu2 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

3 concurrent resolution on the budget for fiscal year 2006. 

4 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘International Disaster 

7 and Famine Assistance’’, $136,290,000, to remain available 

8 until expended, of which up to $80,000 may be transferred 

9 to and merged with ‘‘Operating Expenses of the United 

10 States Agency for International Development’’, for associ11 ated administrative costs: Provided, That the amounts pro12 vided under this heading are designated as an emergency 

13 requirement pursuant to section 402 of H. Con. Res. 95 

14 (109th Congress), the concurrent resolution on the budget 

15 for fiscal year 2006. 

16 OPERATING EXPENSES OF THE UNITED STATES AGENCY

17 FOR INTERNATIONAL DEVELOPMENT

18 For an additional amount for ‘‘Operating Expenses of 

19 the United States Agency for International Development’’, 

20 $141,600,000, to remain available until September 30, 

21 2007: Provided, That the amount provided under this head22 ing is designated as an emergency requirement pursuant 

23 to section 402 of H. Con. Res. 95 (109th Congress), the con24 current resolution on the budget for fiscal year 2006. 
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1 OTHER BILATERAL ECONOMIC ASSISTANCE 

2 ECONOMIC SUPPORT FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Economic Support 

5 Fund’’, $1,757,500,000, to remain available until Sep6 tember 30, 2007, of which up to $11,000,000 may be used 

7 for the costs, as defined in section 502 of the Congressional 

8 Budget Act of 1974, of modifying direct loans and guaran9 tees for Afghanistan or otherwise of reducing any amounts 

10 owed to the United States or any agency of the United 

11 States by Afghanistan: Provided, That such amounts for the 

12 costs of modifying direct loans and guarantees shall not be 

13 considered ‘‘assistance’’ for the purposes of any provision 

14 of law limiting assistance to a country: Provided further, 

15 That the last proviso under the heading ‘‘Economic Support 

16 Fund’’ in title II of Public Law 109–102 and comparable 

17 provisions in prior Acts making appropriations for foreign 

18 operations, export financing, and related programs shall no 

19 longer be applicable to funds appropriated under such head20 ing in this Act or any prior Act: Provided further, That 

21 of the funds available under this heading for assistance for 

22 Afghanistan, $5,000,000 shall be made available for agri23 culture and rural development programs in Afghanistan to 

24 be administered through a national consortium of agri25 culture colleges and land-grant universities: Provided fur-
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1 ther, That of the funds available under this heading for as2 sistance for Iraq, not less than $75,000,000 shall be made 

3 available to the United States Agency for International De4 velopment for continued support for its Community Action 

5 Program in Iraq, of which not less than $10,000,000 shall 

6 be transferred to and merged with funds appropriated 

7 under the heading ‘‘Iraq Relief and Reconstruction Fund’’ 

8 in chapter 2 of title II of Public Law 108–106 and shall 

9 be made available for the Marla Ruzicka Iraqi War Victims 

10 Fund: Provided further, That funds made available under 

11 the previous proviso shall be in addition to funds appro12 priated by this Act that are available to the United States 

13 Agency for International Development for Iraq: Provided 

14 further, That funds appropriated under this heading that 

15 are made available for police and judicial reform in Haiti 

16 shall be subject to the regular notification procedures of the 

17 Committees on Appropriations: Provided further, That the 

18 amounts provided under this heading are designated as an 

19 emergency requirement pursuant to section 402 of H. Con. 

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

21 budget for fiscal year 2006. 

22 DEPARTMENT OF STATE 

23 DEMOCRACY FUND

24 For an additional amount for ‘‘Democracy Fund’’, 

25 $39,750,000, for programs and activities promoting democ-
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1 racy in Iran, to remain available until September 30, 2007: 

2 Provided, That funds appropriated under this heading shall 

3 be made available notwithstanding any other provision of 

4 law and shall be administered by the Middle East Partner5 ship Initiative: Provided further, That the amount provided 

6 under this heading is designated as an emergency require7 ment pursuant to section 402 of H. Con. Res. 95 (109th 

8 Congress), the concurrent resolution on the budget for fiscal 

9 year 2006. 

10 INTERNATIONAL NARCOTICS CONTROL AND LAW

11 ENFORCEMENT

12 For an additional amount for ‘‘International Nar13 cotics Control and Law Enforcement’’, $107,700,000, to re14 main available until September 30, 2008: Provided, That 

15 the amount provided under this heading is designated as 

16 an emergency requirement pursuant to section 402 of H. 

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

18 the budget for fiscal year 2006. 

19 MIGRATION AND REFUGEE ASSISTANCE

20 For an additional amount for ‘‘Migration and Refugee 

21 Assistance’’, $110,200,000, to remain available until Sep22 tember 30, 2007: Provided, That the amount provided under 

23 this heading is designated as an emergency requirement 

24 pursuant to section 402 of H. Con. Res. 95 (109th Con-
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1 gress), the concurrent resolution on the budget for fiscal year 

2 2006. 

3 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

4 ASSISTANCE FUND

5 For an additional amount for ‘‘United States Emer6 gency Refugee and Migration Assistance Fund’’, 

7 $20,000,000, to remain available until September 30, 2007: 

8 Provided, That the amount provided under this heading is 

9 designated as an emergency requirement pursuant to sec10 tion 402 of H. Con. Res. 95 (109th Congress), the concur11 rent resolution on the budget for fiscal year 2006. 

12 DEPARTMENT OF THE TREASURY 

13 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

14 For an additional amount for ‘‘International Affairs 

15 Technical Assistance’’, $13,000,000, to remain available 

16 until September 30, 2007: Provided, That the amount pro17 vided under this heading is designated as an emergency re18 quirement pursuant to section 402 of H. Con. Res. 95 

19 (109th Congress), the concurrent resolution on the budget 

20 for fiscal year 2006. 

21 MILITARY ASSISTANCE 

22 FUNDS APPROPRIATED TO THE PRESIDENT 

23 PEACEKEEPING OPERATIONS

24 For an additional amount for ‘‘Peacekeeping Oper25 ations’’, $181,200,000, to remain available until September 
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1 30, 2007: Provided, That the amount provided under this 

2 heading is designated as an emergency requirement pursu3 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

4 concurrent resolution on the budget for fiscal year 2006. 

5 GENERAL PROVISIONS—THIS CHAPTER 

6 IRAQ RELIEF AND RECONSTRUCTION FUND

7 SEC. 1401. Chapter 2 of title II of Public Law 108– 

8 106 (117 Stat. 1225–1226), as amended by Public Law 

9 108–309 (118 Stat. 1142–1143), is further amended under 

10 the heading ‘‘Iraq Relief and Reconstruction Fund’’ by— 

11 (1)(A) striking ‘‘$5,090,000,000’’ and inserting 

12 ‘‘$5,036,000,000’’ for security and law enforcement; 

13 (B) striking ‘‘$1,960,000,000’’ and inserting 

14 ‘‘$2,349,800,000’’ for justice, public safety infrastruc15 ture, and civil society; 

16 (C) striking ‘‘$4,455,000,000’’ and inserting 

17 ‘‘$4,220,000,000’’ for the electric sector; 

18 (D) striking ‘‘$1,723,000,000’’ and inserting 

19 ‘‘$1,735,600,000’’ for oil infrastructure; 

20 (E) striking ‘‘$2,361,000,000’’ and inserting 

21 ‘‘$2,131,100,000’’ for water resources and sanitation; 

22 (F) striking ‘‘$500,000,000’’ and inserting 

23 ‘‘$465,500,000’’ for transportation and telecommuni24 cations; 
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1 (G) striking ‘‘$370,000,000’’ and inserting 

2 ‘‘$333,700,000’’ for roads, bridges, and construction; 

3 (H) striking ‘‘$793,000,000’’ and inserting 

4 ‘‘$739,000,000’’ for health care; 

5 (I) striking ‘‘$845,000,000’’ and inserting 

6 ‘‘$805,300,000’’ for private sector development; and 

7 (J) striking ‘‘$342,000,000’’ and inserting 

8 ‘‘$410,000,000’’ for education, refugees, human rights, 

9 and governance; and 

10 (2) inserting before the period the following: ‘‘: 

11 Provided further, That amounts provided under this 

12 heading shall remain available for an additional 4 

13 years from the date on which the availability of such 

14 funds would otherwise have expired, if such funds are 

15 initially obligated before the expiration of the period 

16 of availability provided herein, except that after such 

17 initial obligation any subsequent obligation may be 

18 made without regard to the sectoral limitations set 

19 forth under this heading, as amended’’. 

20 ADMINISTRATIVE COSTS

21 SEC. 1402. To the extent not otherwise authorized, su22 pervision and administrative costs of the Department of De23 fense associated with a construction project funded with the 

24 Iraq Relief and Reconstruction Fund may be obligated at 

25 the time a construction contract is awarded or, for pre-ex26 isting contracts, by September 30, 2006: Provided, That for 
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1 the purposes of this section, supervision and administration 

2 costs include all in-house Government costs. 

3 AUTHORIZATION OF FUNDS

4 SEC. 1403. Funds appropriated or made available by 

5 transfer in this chapter may be obligated and expended not6 withstanding section 15 of the State Department Basic Au7 thorities Act of 1956, section 10 of Public Law 91–672 (22 

8 U.S.C. 2412), section 504(a)(1) of the National Security Act 

9 of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the For10 eign Relations Authorization Act, Fiscal Years 1994 and 

11 1995 (Public Law 103–236). 

12 PALESTINIAN AUTHORITY

13 SEC. 1404. Section 550 of Public Law 109–102 (119 

14 Stat. 2217) is amended to read as follows: 

15 ‘‘PROHIBITION ON ASSISTANCE FOR THE PALESTINIAN

16 AUTHORITY

17 ‘‘SEC. 550. PROHIBITION ON ASSISTANCE.—None of 

18 the funds appropriated by this Act or any prior Act making 

19 appropriations for foreign operations, export financing, 

20 and related programs, may be obligated or expended for as21 sistance for the Palestinian Authority unless the Secretary 

22 of State determines, and so reports to the Committees on 

23 Appropriations, that the Palestinian Authority has— 

24 ‘‘(1) publicly acknowledged Israel’s right to exist 

25 as a Jewish state; 

26 ‘‘(2) renounced violence; and 
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1 ‘‘(3) accepted and is adhering to all previous 

2 diplomatic Agreements and understandings with the 

3 United States Government, the Government of Israel, 

4 and the international community.’’. 

5 (RESCISSION)

6 SEC. 1405. Of the funds appropriated under the head7 ing ‘‘Subsidy Appropriation’’ for the Export-Import Bank 

8 of the United States that are available for tied-aid grants 

9 in title I of Public Law 107–115 and under such heading 

10 in prior Acts making appropriations for foreign operations, 

11 export financing, and related programs, $13,200,000 are re12 scinded. 

13 CHAPTER 5 

14 DEPARTMENT OF HOMELAND SECURITY 

15 UNITED STATES COAST GUARD

16 OPERATING EXPENSES

17 For an additional amount for ‘‘Operating Expenses’’, 

18 $26,692,000: Provided, That the amount provided under 

19 this heading is designated as an emergency requirement 

20 pursuant to section 402 of H. Con. Res. 95 (109th Con21 gress), the concurrent resolution on the budget for fiscal year 

22 2006. 
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1 CHAPTER 6 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION 

4 MILITARY CONSTRUCTION, ARMY

5 For an additional amount for ‘‘Military Construction, 

6 Army’’, $214,344,000, to remain available until September 

7 30, 2010: Provided, That such funds may be obligated and 

8 expended to carry out planning and design and military 

9 construction projects not otherwise authorized by law: Pro10 vided further, That the amount provided under this heading 

11 is designated as an emergency requirement pursuant to sec12 tion 402 of H. Con. Res. 95 (109th Congress), the concur13 rent resolution on the budget for fiscal year 2006. 

14 MILITARY CONSTRUCTION, AIR FORCE

15 For an additional amount for ‘‘Military Construction, 

16 Air Force’’, $28,200,000, to remain available until Sep17 tember 30, 2010: Provided, That such funds may be obli18 gated or expended to carry out planning and design and 

19 military construction projects not otherwise authorized by 

20 law: Provided further, That the amount provided under this 

21 heading is designated as an emergency requirement pursu22 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

23 concurrent resolution on the budget for fiscal year 2006. 
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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 For an additional amount for ‘‘Military Construction, 

3 Defense-Wide’’, $35,200,000, to remain available until Sep4 tember 30, 2010: Provided, That such funds may be obli5 gated or expended to carry out planning and design and 

6 military construction projects not otherwise authorized by 

7 law: Provided further, That the amount provided under this 

8 heading is designated as an emergency requirement pursu9 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

10 concurrent resolution on the budget for fiscal year 2006. 

11 CHAPTER 7 

12 DEPARTMENT OF THE TREASURY 

13 DEPARTMENTAL OFFICES

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $1,800,000, to remain available until September 

17 30, 2007: Provided, That the amount provided under this 

18 heading is designated as an emergency requirement pursu19 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

20 concurrent resolution on the budget for fiscal year 2006. 
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1 TITLE II 

2 FURTHER HURRICANE DISASTER RELIEF AND 

3 RECOVERY 

4 CHAPTER 1 

5 DEPARTMENT OF AGRICULTURE 

6 EXECUTIVE OPERATIONS

7 WORKING CAPITAL FUND

8 For an additional amount for ‘‘Working Capital 

9 Fund’’, $25,000,000, to remain available until expended, 

10 for necessary expenses related to the consequences of Hurri11 cane Katrina and other hurricanes of the 2005 season: Pro12 vided, That the amount provided under this heading is des13 ignated as an emergency requirement pursuant to section 

14 402 of H. Con. Res. 95 (109th Congress), the concurrent 

15 resolution on the budget for fiscal year 2006. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For an additional amount for ‘‘Office of the Inspector 

18 General’’, $445,000, to remain available until September 

19 30, 2007, for necessary expenses related to the consequences 

20 of Hurricane Katrina and other hurricanes of the 2005 sea21 son: Provided, That the amount provided under this head22 ing is designated as an emergency requirement pursuant 

23 to section 402 of H. Con. Res. 95 (109th Congress), the con24 current resolution on the budget for fiscal year 2006. 
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1 AGRICULTURAL RESEARCH SERVICE

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $15,600,000, to remain available until expended, 

5 for necessary expenses related to the consequences of Hurri6 cane Katrina and other hurricanes of the 2005 season: Pro7 vided, That the amount provided under this heading is des8 ignated as an emergency requirement pursuant to section 

9 402 of H. Con. Res. 95 (109th Congress), the concurrent 

10 resolution on the budget for fiscal year 2006. 

11 BUILDINGS AND FACILITIES

12 For an additional amount for ‘‘Buildings and Facili13 ties’’, $20,000,000, to remain available until expended, for 

14 necessary expenses related to the consequences of Hurricane 

15 Katrina and other hurricanes of the 2005 season: Provided, 

16 That the amount provided under this heading is designated 

17 as an emergency requirement pursuant to section 402 of 

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

19 on the budget for fiscal year 2006. 

20 FARM SERVICE AGENCY

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’, $5,000,000, to remain available until expended, for 

24 necessary expenses related to the consequences of Hurricane 

25 Katrina and other hurricanes of the 2005 season: Provided, 

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

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

3 on the budget for fiscal year 2006. 

4 EMERGENCY CONSERVATION PROGRAM

5 For an additional amount for the ‘‘Emergency Con6 servation Program’’, $32,547,000, to remain available until 

7 expended, to provide assistance under the emergency con8 servation program established under title IV of the Agricul9 tural Credit Act of 1978 (16 U.S.C. 2201 et seq.), for nec10 essary expenses related to the consequences of Hurricane 

11 Katrina and other hurricanes of the 2005 season: Provided, 

12 That the amount provided under this heading is designated 

13 as an emergency requirement pursuant to section 402 of 

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

15 on the budget for fiscal year 2006. 

16 NATURAL RESOURCES CONSERVATION SERVICE

17 EMERGENCY WATERSHED PROTECTION PROGRAM

18 For an additional amount for ‘‘Emergency Watershed 

19 Protection Program’’, $165,000,000, to remain available 

20 until expended, for emergency measures in disaster areas 

21 affected by Hurricane Katrina and other hurricanes of the 

22 2005 season: Provided, That notwithstanding any other 

23 provision of law, the Secretary, acting through the Natural 

24 Resources Conservation Service, using funds made available 

25 under this heading may provide financial and technical as26 sistance to remove and dispose of debris and animal car-
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1 casses that could adversely affect health and safety on non2 Federal land in a hurricane-affected county: Provided fur3 ther, That the amount provided under this heading is des4 ignated as an emergency requirement pursuant to section 

5 402 of H. Con. Res. 95 (109th Congress), the concurrent 

6 resolution on the budget for fiscal year 2006. 

7 RURAL DEVELOPMENT

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $1,000,000, to remain available until expended, for 

11 necessary expenses related to the consequences of Hurricane 

12 Katrina and other hurricanes of the 2005 season for State 

13 Rural Development offices located in Mississippi and Lou14 isiana: Provided, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

17 concurrent resolution on the budget for fiscal year 2006. 

18 RURAL COMMUNITY ADVANCEMENT PROGRAM

19 For an additional amount for community facilities 

20 grants authorized under section 381E(d)(1) of the Consoli21 dated Farm and Rural Development Act, $150,000,000, to 

22 remain available until expended, for necessary expenses re23 lated to the consequences of Hurricane Katrina and other 

24 hurricanes of the 2005 season: Provided, That the amount 

25 provided under this heading is designated as an emergency 

26 requirement pursuant to section 402 of H. Con. Res. 95 
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1 (109th Congress), the concurrent resolution on the budget 

2 for fiscal year 2006. 

3 GENERAL PROVISIONS—THIS CHAPTER 

4 NATURAL RESOURCES CONSERVATION SERVICE—COST

5 SHARE REQUIREMENT

6 SEC. 2101. Notwithstanding any other provision of 

7 law, in carrying out the provisions of section 102 of chapter 

8 1 of title I of division B of Public Law 109–148 (119 Stat. 

9 2748–2749), the Secretary may provide financial and tech10 nical assistance up to 100 percent Federal share: Provided, 

11 That the amount provided under this section is designated 

12 as an emergency requirement pursuant to section 402 of 

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

14 on the budget for fiscal year 2006. 

15 NATURAL RESOURCES CONSERVATION SERVICE—VEHICLE

16 DISPOSITION

17 SEC. 2102. Notwithstanding any other provision of 

18 law, the Chief of the Natural Resources Conservation Serv19 ice (NRCS) may enter into agreements with organizations 

20 or State or local units of government affected by Hurricane 

21 Katrina and other hurricanes of the 2005 season, that pro22 vide for NRCS to donate used vehicles to the organization 

23 or to the State or local unit of government. 

24 RURAL DEVELOPMENT—EMERGENCY AUTHORITIES

25 SEC. 2103. The Secretary of Agriculture may continue 

26 to use any of the authorities provided in section 105 of 
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1 chapter 1 of title I of division B of Public Law 109–148 

2 (119 Stat. 2749–2750), for a period not to exceed 24 addi3 tional months: Provided, That the amount provided under 

4 this section is designated as an emergency requirement pur5 suant to section 402 of H. Con. Res. 95 (109th Congress), 

6 the concurrent resolution on the budget for fiscal year 2006. 

7 FARM SERVICE AGENCY

8 (TRANSFER OF FUNDS)

9 SEC. 2104. Of the funds appropriated in section 101(a) 

10 of chapter 1 of title I of division B of Public Law 109– 

11 148 (119 Stat. 2747), to provide assistance under the emer12 gency conservation program established under title IV of the 

13 Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), 

14 $38,000,000 are transferred to the National Oceanic and 

15 Atmospheric Administration in the Department of Com16 merce for activities involving oysters: Provided, That the 

17 amount transferred under this section is designated as an 

18 emergency requirement pursuant to section 402 of H. Con. 

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

20 budget for fiscal year 2006. 

21 FARM SERVICE AGENCY—EMERGENCY CONSERVATION

22 PROGRAM

23 SEC. 2105. Section 101(b) of chapter 1 of title I of 

24 division B of Public Law 109–148 (119 Stat. 2747) is 

25 amended— 

26 (1) in the heading, by striking ‘‘, Oyster,’’; 
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1 (2) in the matter preceding paragraph (1)— 

2 (A) by striking ‘‘, oyster,’’; and 

3 (B) by striking ‘‘public and private oyster 

4 reefs or’’; 

5 (3) in paragraph (3), by adding ‘‘and’’ at the 

6 end; 

7 (4) by striking paragraph (4); and 

8 (5) by redesignating paragraph (5) as para9 graph (4). 

10 RURAL DEVELOPMENT—RURAL HOUSING

11 SEC. 2106. There is hereby appropriated, $35,408,000, 

12 to remain available until expended, for housing needs in 

13 the most impacted and distressed areas related to the con14 sequences of Hurricane Katrina and other hurricanes of the 

15 2005 season: Provided, That the Secretary of Agriculture 

16 shall allocate funds provided under this section between the 

17 ‘‘Rural Housing Insurance Fund Program Account’’ and 

18 ‘‘Rural Housing Assistance Grants’’ program: Provided 

19 further, That the Secretary make this allocation and 

20 prioritizes the funding of projects with such funds within 

21 a State based on the priorities identified by the Governor 

22 of each State: Provided further, That the amount provided 

23 under this section is designated as an emergency require24 ment pursuant to section 402 of H. Con. Res. 95 (109th 

25 Congress), the concurrent resolution on the budget for fiscal 

26 year 2006. 
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1 CHAPTER 2 

2 DEPARTMENT OF JUSTICE 

3 OFFICE OF THE INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’ for necessary expenses related to the consequences 

7 of Hurricane Katrina and other hurricanes of the 2005 sea8 son, $500,000, to remain available until September 30, 

9 2007: Provided, That the amount provided under this head10 ing is designated as an emergency requirement pursuant 

11 to section 402 of H. Con. Res. 95 (109th Congress), the con12 current resolution on the budget for fiscal year 2006. 

13 LEGAL ACTIVITIES

14 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’ for necessary expenses related to the consequences 

17 of Hurricane Katrina and other hurricanes of the 2005 sea18 son, $3,200,000, to remain available until September 30, 

19 2007: Provided, That the amount provided under this head20 ing is designated as an emergency requirement pursuant 

21 to section 402 of H. Con. Res. 95 (109th Congress), the con22 current resolution on the budget for fiscal year 2006. 

23 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

24 For an additional amount for ‘‘Salaries and Ex25 penses’’ for necessary expenses related to the consequences 

26 of Hurricane Katrina and other hurricanes of the 2005 sea-
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1 son, $6,500,000, to remain available until September 30, 

2 2007: Provided, That the amount provided under this head3 ing is designated as an emergency requirement pursuant 

4 to section 402 of H. Con. Res. 95 (109th Congress), the con5 current resolution on the budget for fiscal year 2006. 

6 OFFICE OF JUSTICE PROGRAMS

7 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

8 For an additional amount for ‘‘State and Local Law 

9 Enforcement Assistance’’ for necessary expenses, related to 

10 the direct or indirect consequences of Hurricane Katrina 

11 and other hurricanes of the 2005 season, $10,000,000, to 

12 remain available until expended: Provided, That the 

13 amount provided under this heading is designated as an 

14 emergency requirement pursuant to section 402 of H. Con. 

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

16 budget for fiscal year 2006: Provided further, That the At17 torney General shall consult with the House and Senate 

18 Committees on Appropriations on the allocation of funds 

19 prior to obligation. 

20 DEPARTMENT OF COMMERCE 

21 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

22 OPERATIONS, RESEARCH, AND FACILITIES

23 For an additional amount for ‘‘Operations, Research, 

24 and Facilities’’ for necessary expenses related to the con25 sequences of Hurricane Katrina and other hurricanes of the 
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1 2005 season, $1,135,000,000, to remain available until Sep2 tember 30, 2007, pursuant to section 312(a) of the Magnu3 son-Stevens Fishery Conservation and Management Act, 

4 section 308(d) of the Interjurisdictional Fisheries Act, and 

5 other authorities: Provided, That the amount provided 

6 under this heading is designated as an emergency require7 ment pursuant to section 402 of H. Con. Res. 95 (109th 

8 Congress), the concurrent resolution on the budget for fiscal 

9 year 2006: Provided further, That of the total amount ap10 propriated, $100,000,000 shall be for the National Marine 

11 Fisheries Service to provide technical assistance to States 

12 and industry for oyster bed and shrimp ground rehabilita13 tion, debris removal and cleaning, and to prepare for spat 

14 fall by planting sufficient amounts of cultch: Provided fur15 ther, That of the total amount appropriated, $20,000,000 

16 shall be provided to utilize the National Oceanic and At17 mospheric Administration’s expertise to assist in rebuilding 

18 coastal communities, especially focusing on fisheries infra19 structure, zoning to mitigate against future catastrophes 

20 and natural disasters, and building standards for coastal 

21 structures: Provided further, That of the total amount ap22 propriated, $10,000,000 shall be provided to coordinate and 

23 help implement planning efforts that will lead to capacity 

24 and effort reductions in Federal and State waters: Provided 

25 further, That of the total amount appropriated, $15,000,000 
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1 shall be provided to develop and implement a seafood pro2 motion strategy for Gulf of Mexico fisheries: Provided fur3 ther, That of the total amount appropriated, $15,000,000 

4 shall be provided to institute job retraining programs for 

5 displaced fisheries workers into alternative occupations: 

6 Provided further, That of the total amount appropriated, 

7 $200,000,000 shall be provided to replace fishing gear dam8 aged or lost in the hurricanes, and deploy advanced versions 

9 of turtle exclusion devices and by-catch reduction devices: 

10 Provided further, That of the total amount appropriated, 

11 $50,000,000 shall be provided to develop temporary marine 

12 services centers to cluster docking facilities, fuel, ice and 

13 provisions, offloading, processing and distribution and ma14 rine repair facilities for seafood industries: Provided fur15 ther, That of the total amount appropriated, $300,000,000 

16 shall be provided for re-development of marinas, piers, 

17 docks, wharves and warehouses to support commercial and 

18 recreational fishing, and especially investments in public 

19 facilities supporting working waterfronts: Provided further, 

20 That of the total amount appropriated, $50,000,000 shall 

21 be provided for planning and support for fishing-related 

22 marine industrial parks to cluster processing and marine 

23 support businesses in ways that increase access to key facili24 ties and services, and enhance intermodal transportation 

25 of fishery products: Provided further, That of the total 
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1 amount appropriated, $90,000,000 shall be provided for re2 placement of private fisheries infrastructure other than ves3 sels: Provided further, That of the total amount appro4 priated, $10,000,000 shall be provided to implement rules 

5 where appropriate, and purchase and provide one year of 

6 associated fees to equip the offshore shrimp and reef fish 

7 fishery with electronic vessel monitoring systems: Provided 

8 further, That of the total amount appropriated, $10,000,000 

9 shall be provided to equip federally permitted fishing vessels 

10 with electronic logbooks to record haul-by-haul catch data: 

11 Provided further, That of the total amount appropriated, 

12 $20,000,000 shall be provided for one percent coverage of 

13 the shrimp and reef fish fisheries with at-sea observer cov14 erage to document catch, by-catch and profitability of these 

15 fisheries, for three years: Provided further, That of the total 

16 amount appropriated, $50,000,000 shall be provided to de17 velop and fund a cooperative research program to test var18 ious gears and to monitor the recovery of Gulf of Mexico 

19 fishery resources and fisheries: Provided further, That of the 

20 total amount appropriated, $100,000,000 shall be provided 

21 for direct assistance to fishers and seafood workers to under22 take cleanup activities and begin repairing damaged facili23 ties: Provided further, That of the total amount appro24 priated, $20,000,000 shall be provided to assist 

25 shellfishermen in New England’s coastal communities who 
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1 suffered severe economic impact from last year’s toxic red 

2 tide outbreak: Provided further, That of the total amount 

3 appropriated, $25,000,000 shall be provided to employ fish4 ers and vessel owners in marine debris and living marine 

5 resource assessment activities. 

6 PROCUREMENT, ACQUISITION AND CONSTRUCTION

7 For an additional amount for ‘‘Procurement, Acquisi8 tion and Construction’’ for necessary expenses related to the 

9 consequences of Hurricane Katrina and other hurricanes of 

10 the 2005 season, $32,000,000, to remain available until ex11 pended: Provided, That the amount provided under this 

12 heading is designated as an emergency requirement pursu13 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

14 concurrent resolution on the budget for fiscal year 2006. 

15 SCIENCE 

16 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

17 EXPLORATION CAPABILITIES

18 For an additional amount for ‘‘Exploration Capabili19 ties’’ for necessary expenses related to the consequences of 

20 Hurricane Katrina and other hurricanes of the 2005 sea21 son, $35,000,000 shall be for the Stennis Space Center, to 

22 remain available until expended: Provided, That the 

23 amount provided under this heading is designated as an 

24 emergency requirement pursuant to section 402 of H. Con. 

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

26 budget for fiscal year 2006. 
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1 RELATED AGENCY 

2 SMALL BUSINESS ADMINISTRATION

3 DISASTER LOANS PROGRAM ACCOUNT

4 (INCLUDING TRANSFERS OF FUNDS)

5 For an additional amount for the ‘‘Disaster Loans 

6 Program Account’’ for the cost of direct loans authorized 

7 by section 7(b) of the Small Business Act, $1,254,000,000, 

8 to remain available until expended: Provided, That such 

9 costs, including the cost of modifying such loans shall be 

10 as defined in section 502 of the Congressional Budget Act 

11 of 1974: Provided further, That up to $190,000,000 may 

12 be transferred to and merged with ‘‘Salaries and Expenses’’ 

13 for administrative expenses to carry out the disaster loan 

14 program: Provided further, That none of the funds provided 

15 under this heading may be used for indirect administrative 

16 expenses: Provided further, That of the amount provided 

17 under this heading, up to $712,000,000 may be transferred 

18 to ‘‘Federal Emergency Management Agency, Disaster Re19 lief’’ to reimburse in whole, or in part, that account for 

20 funds transferred to this account by Public Law 109–174: 

21 Provided further, That the amounts provided under this 

22 heading are designated as an emergency requirement pursu23 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

24 concurrent resolution on the budget for fiscal year 2006. 
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1 CHAPTER 3 

2 DEPARTMENT OF DEFENSE—MILITARY 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $2,125,000, for necessary expenses related to the 

7 consequences of Hurricane Katrina and other hurricanes of 

8 the 2005 season: Provided, That the amount provided under 

9 this heading is designated as an emergency requirement 

10 pursuant to section 402 of H. Con. Res. 95 (109th Con11 gress), the concurrent resolution on the budget for fiscal year 

12 2006. 

13 MILITARY PERSONNEL, NAVY

14 For an additional amount for ‘‘Military Personnel, 

15 Navy’’, $22,002,000, for necessary expenses related to the 

16 consequences of Hurricane Katrina and other hurricanes of 

17 the 2005 season: Provided, That the amount provided under 

18 this heading is designated as an emergency requirement 

19 pursuant to section 402 of H. Con. Res. 95 (109th Con20 gress), the concurrent resolution on the budget for fiscal year 

21 2006. 

22 MILITARY PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Military Personnel, 

24 Marine Corps’’, $3,992,000, for necessary expenses related 

25 to the consequences of Hurricane Katrina and other hurri-
144 

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1 canes of the 2005 season: Provided, That the amount pro2 vided under this heading is designated as an emergency re3 quirement pursuant to section 402 of H. Con. Res. 95 

4 (109th Congress), the concurrent resolution on the budget 

5 for fiscal year 2006. 

6 MILITARY PERSONNEL, AIR FORCE

7 For an additional amount for ‘‘Military Personnel, 

8 Air Force’’, $21,610,000, for necessary expenses related to 

9 the consequences of Hurricane Katrina and other hurri10 canes of the 2005 season: Provided, That the amount pro11 vided under this heading is designated as an emergency re12 quirement pursuant to section 402 of H. Con. Res. 95 

13 (109th Congress), the concurrent resolution on the budget 

14 for fiscal year 2006. 

15 RESERVE PERSONNEL, ARMY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Army’’, $4,071,000, for necessary expenses related to the 

18 consequences of Hurricane Katrina and other hurricanes of 

19 the 2005 season: Provided, That the amount provided under 

20 this heading is designated as an emergency requirement 

21 pursuant to section 402 of H. Con. Res. 95 (109th Con22 gress), the concurrent resolution on the budget for fiscal year 

23 2006. 
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1 RESERVE PERSONNEL, NAVY

2 For an additional amount for ‘‘Reserve Personnel, 

3 Navy’’, $10,200,000, for necessary expenses related to the 

4 consequences of Hurricane Katrina and other hurricanes of 

5 the 2005 season: Provided, That the amount provided under 

6 this heading is designated as an emergency requirement 

7 pursuant to section 402 of H. Con. Res. 95 (109th Con8 gress), the concurrent resolution on the budget for fiscal year 

9 2006. 

10 RESERVE PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Reserve Personnel, Ma12 rine Corps’’, $2,176,000, for necessary expenses related to 

13 the consequences of Hurricane Katrina and other hurri14 canes of the 2005 season: Provided, That the amount pro15 vided under this heading is designated as an emergency re16 quirement pursuant to section 402 of H. Con. Res. 95 

17 (109th Congress), the concurrent resolution on the budget 

18 for fiscal year 2006. 

19 RESERVE PERSONNEL, AIR FORCE

20 For an additional amount for ‘‘Reserve Personnel, Air 

21 Force’’, $94,000, for necessary expenses related to the con22 sequences of Hurricane Katrina and other hurricanes of the 

23 2005 season: Provided, That the amount provided under 

24 this heading is designated as an emergency requirement 

25 pursuant to section 402 of H. Con. Res. 95 (109th Con-
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1 gress), the concurrent resolution on the budget for fiscal year 

2 2006. 

3 NATIONAL GUARD PERSONNEL, ARMY

4 For an additional amount for ‘‘National Guard Per5 sonnel, Army’’, $1,304,000, for necessary expenses related 

6 to the consequences of Hurricane Katrina and other hurri7 canes of the 2005 season: Provided, That the amount pro8 vided under this heading is designated as an emergency re9 quirement pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), the concurrent resolution on the budget 

11 for fiscal year 2006. 

12 NATIONAL GUARD PERSONNEL, AIR FORCE

13 For an additional amount for ‘‘National Guard Per14 sonnel, Air Force’’, $1,408,000, for necessary expenses re15 lated to the consequences of Hurricane Katrina and other 

16 hurricanes of the 2005 season: Provided, That the amount 

17 provided under this heading is designated as an emergency 

18 requirement pursuant to section 402 of H. Con. Res. 95 

19 (109th Congress), the concurrent resolution on the budget 

20 for fiscal year 2006. 

21 OPERATION AND MAINTENANCE 

22 OPERATION AND MAINTENANCE, NAVY

23 For an additional amount for ‘‘Operation and Mainte24 nance, Navy’’, $29,913,000, to remain available until Sep25 tember 30, 2007, for necessary expenses related to the con-
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1 sequences of Hurricane Katrina and other hurricanes of the 

2 2005 season: Provided, That the amount provided under 

3 this heading is designated as an emergency requirement 

4 pursuant to section 402 of H. Con. Res. 95 (109th Con5 gress), the concurrent resolution on the budget for fiscal year 

6 2006. 

7 OPERATION AND MAINTENANCE, AIR FORCE

8 For an additional amount for ‘‘Operation and Mainte9 nance, Air Force’’, $37,359,000, to remain available until 

10 September 30, 2007, for necessary expenses related to the 

11 consequences of Hurricane Katrina and other hurricanes of 

12 the 2005 season: Provided, That the amount provided under 

13 this heading is designated as an emergency requirement 

14 pursuant to section 402 of H. Con. Res. 95 (109th Con15 gress), the concurrent resolution on the budget for fiscal year 

16 2006. 

17 OPERATION AND MAINTENANCE, NAVY RESERVE

18 For an additional amount for ‘‘Operation and Mainte19 nance, Navy Reserve’’, $12,755,000, to remain available 

20 until September 30, 2007, for necessary expenses related to 

21 the consequences of Hurricane Katrina and other hurri22 canes of the 2005 season: Provided, That the amount pro23 vided under this heading is designated as an emergency re24 quirement pursuant to section 402 of H. Con. Res. 95 
148 

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1 (109th Congress), the concurrent resolution on the budget 

2 for fiscal year 2006. 

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For an additional amount for ‘‘Operation and Mainte5 nance, Air Force Reserve’’, $1,277,000, to remain available 

6 until September 30, 2007, for necessary expenses related to 

7 the consequences of Hurricane Katrina and other hurri8 canes of the 2005 season: Provided, That the amount pro9 vided under this heading is designated as an emergency re10 quirement pursuant to section 402 of H. Con. Res. 95 

11 (109th Congress), the concurrent resolution on the budget 

12 for fiscal year 2006. 

13 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

14 For an additional amount for ‘‘Operation and Mainte15 nance, Army National Guard’’, $42,307,000, to remain 

16 available until September 30, 2007, for necessary expenses 

17 related to the consequences of Hurricane Katrina and other 

18 hurricanes of the 2005 season: Provided, That the amount 

19 provided under this heading is designated as an emergency 

20 requirement pursuant to section 402 of H. Con. Res. 95 

21 (109th Congress), the concurrent resolution on the budget 

22 for fiscal year 2006. 
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1 PROCUREMENT 

2 PROCUREMENT OF AMMUNITION, ARMY

3 For an additional amount for ‘‘Procurement of Am4 munition, Army’’, $700,000, to remain available until Sep5 tember 30, 2008, for necessary expenses related to the con6 sequences of Hurricane Katrina and other hurricanes of the 

7 2005 season: Provided, That the amount provided under 

8 this heading is designated as an emergency requirement 

9 pursuant to section 402 of H. Con. Res. 95 (109th Con10 gress), the concurrent resolution on the budget for fiscal year 

11 2006. 

12 OTHER PROCUREMENT, ARMY

13 For an additional amount for ‘‘Other Procurement, 

14 Army’’, $9,136,000, to remain available until September 

15 30, 2008, for necessary expenses related to the consequences 

16 of Hurricane Katrina and other hurricanes of the 2005 sea17 son: Provided, That the amount provided under this head18 ing is designated as an emergency requirement pursuant 

19 to section 402 of H. Con. Res. 95 (109th Congress), the con20 current resolution on the budget for fiscal year 2006. 

21 AIRCRAFT PROCUREMENT, NAVY

22 For an additional amount for ‘‘Aircraft Procurement, 

23 Navy’’, $579,000, to remain available until September 30, 

24 2008, for necessary expenses related to the consequences of 

25 Hurricane Katrina and other hurricanes of the 2005 sea-
150 

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1 son: Provided, That the amount provided under this head2 ing is designated as an emergency requirement pursuant 

3 to section 402 of H. Con. Res. 95 (109th Congress), the con4 current resolution on the budget for fiscal year 2006. 

5 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

6 CORPS

7 For an additional amount for ‘‘Procurement of Am8 munition, Navy and Marine Corps’’, $899,000, to remain 

9 available until September 30, 2008, for necessary expenses 

10 related to the consequences of Hurricane Katrina and other 

11 hurricanes of the 2005 season: Provided, That the amount 

12 provided under this heading is designated as an emergency 

13 requirement pursuant to section 402 of H. Con. Res. 95 

14 (109th Congress), the concurrent resolution on the budget 

15 for fiscal year 2006. 

16 SHIPBUILDING AND CONVERSION, NAVY

17 For an additional amount for ‘‘Shipbuilding and Con18 version, Navy’’, $1,025,236,000, to remain available until 

19 September 30, 2010, for necessary expenses related to the 

20 consequences of Hurricane Katrina and other hurricanes of 

21 the 2005 season, which shall be available for transfer within 

22 this account to replace destroyed or damaged equipment, 

23 prepare and recover naval vessels under contract; and pro24 vide for cost adjustments for naval vessels for which funds 

25 have been previously appropriated: Provided, That this 
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1 transfer authority is in addition to any other transfer au2 thority available to the Department of Defense: Provided 

3 further, That the Secretary of Defense shall, not fewer than 

4 15 days prior to making transfers within this appropria5 tion, notify the congressional defense committees in writing 

6 of the details of any such transfer: Provided further, That 

7 the amount provided under this heading is designated as 

8 an emergency requirement pursuant to section 402 of H. 

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

10 the budget for fiscal year 2006. 

11 OTHER PROCUREMENT, NAVY

12 For an additional amount for ‘‘Other Procurement, 

13 Navy’’, $85,040,000, to remain available until September 

14 30, 2008, for necessary expenses related to the consequences 

15 of Hurricane Katrina and other hurricanes of the 2005 sea16 son: Provided, That the amount provided under this head17 ing is designated as an emergency requirement pursuant 

18 to section 402 of H. Con. Res. 95 (109th Congress), the con19 current resolution on the budget for fiscal year 2006. 

20 AIRCRAFT PROCUREMENT, AIR FORCE

21 For an additional amount for ‘‘Aircraft Procurement, 

22 Air Force’’, $13,000,000, to remain available until Sep23 tember 30, 2008, for necessary expenses related to the con24 sequences of Hurricane Katrina and other hurricanes of the 

25 2005 season: Provided, That the amount provided under 
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1 this heading is designated as an emergency requirement 

2 pursuant to section 402 of H. Con. Res. 95 (109th Con3 gress), the concurrent resolution on the budget for fiscal year 

4 2006. 

5 PROCUREMENT, DEFENSE-WIDE

6 For an additional amount for ‘‘Procurement, Defense7 Wide’’, $2,797,000, to remain available until September 30, 

8 2008, for necessary expenses related to the consequences of 

9 Hurricane Katrina and other hurricanes of the 2005 sea10 son: Provided, That the amount provided under this head11 ing is designated as an emergency requirement pursuant 

12 to section 402 of H. Con. Res. 95 (109th Congress), the con13 current resolution on the budget for fiscal year 2006. 

14 RESEARCH, DEVELOPMENT, TEST AND 

15 EVALUATION 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Navy’’, $12,000,000, to remain 

19 available until September 30, 2007, for necessary expenses 

20 related to the consequences of Hurricane Katrina and other 

21 hurricanes of the 2005 season: Provided, That the amount 

22 provided under this heading is designated as an emergency 

23 requirement pursuant to section 402 of H. Con. Res. 95 

24 (109th Congress), the concurrent resolution on the budget 

25 for fiscal year 2006. 
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

2 FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $6,250,000, to re5 main available until September 30, 2007, for necessary ex6 penses related to the consequences of Hurricane Katrina 

7 and other hurricanes of the 2005 season: Provided, That 

8 the amount provided under this heading is designated as 

9 an emergency requirement pursuant to section 402 of H. 

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

11 the budget for fiscal year 2006. 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 DEFENSE-WIDE

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Defense-Wide’’, $730,000, to re16 main available until September 30, 2007, for necessary ex17 penses related to the consequences of Hurricane Katrina 

18 and other hurricanes of the 2005 season: Provided, That 

19 the amount provided under this heading is designated as 

20 an emergency requirement pursuant to section 402 of H. 

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

22 the budget for fiscal year 2006. 
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1 REVOLVING AND MANAGEMENT FUNDS 

2 DEFENSE WORKING CAPITAL FUNDS

3 For an additional amount for ‘‘Defense Working Cap4 ital Funds’’, $1,222,000, to remain available until Sep5 tember 30, 2006, for necessary expenses related to the con6 sequences of Hurricane Katrina and other hurricanes of the 

7 2005 season: Provided, That the amount provided under 

8 this heading is designated as an emergency requirement 

9 pursuant to section 402 of H. Con. Res. 95 (109th Con10 gress), the concurrent resolution on the budget for fiscal year 

11 2006. 

12 NATIONAL DEFENSE SEALIFT FUND

13 For an additional amount for ‘‘National Defense Sea14 lift Fund’’, $10,000,000, to remain available until ex15 pended, for necessary expenses related to the consequences 

16 of Hurricane Katrina and other hurricanes of the 2005 sea17 son: Provided, That the amount provided under this head18 ing is designated as an emergency requirement pursuant 

19 to section 402 of H. Con. Res. 95 (109th Congress), the con20 current resolution on the budget for fiscal year 2006. 

21 TRUST FUNDS 

22 GENERAL FUND PAYMENT, SURCHARGE COLLECTIONS, 

23 SALES OF COMMISSARY STORES, DEFENSE

24 For an additional amount for ‘‘General Fund Pay25 ment, Surcharge Collections, Sales of Commissary Stores, 
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1 Defense’’, $10,530,000, to remain available until September 

2 30, 2010, for necessary expenses related to the consequences 

3 of Hurricane Katrina and other hurricanes of the 2005 sea4 son: Provided, That the amount provided under this head5 ing is designated as an emergency requirement pursuant 

6 to section 402 of H. Con. Res. 95 (109th Congress), the con7 current resolution on the budget for fiscal year 2006. 

8 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

9 DEFENSE HEALTH PROGRAM

10 For an additional amount for ‘‘Defense Health Pro11 gram’’, $33,881,000, to remain available until September 

12 30, 2007, for necessary expenses related to the consequences 

13 of Hurricane Katrina and other hurricanes of the 2005 sea14 son: Provided, That the amount provided under this head15 ing is designated as an emergency requirement pursuant 

16 to section 402 of H. Con. Res. 95 (109th Congress), the con17 current resolution on the budget for fiscal year 2006. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For an additional amount for ‘‘Office of the Inspector 

20 General’’, $326,000, to remain available until September 

21 30, 2007, for necessary expenses related to the consequences 

22 of Hurricane Katrina and other hurricanes of the 2005 sea23 son: Provided, That the amount provided under this head24 ing is designated as an emergency requirement pursuant 
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1 to section 402 of H. Con. Res. 95 (109th Congress), the con2 current resolution on the budget for fiscal year 2006. 

3 GENERAL PROVISIONS—THIS CHAPTER 

4 SPECIAL TRANSFER AUTHORITY

5 (TRANSFER OF FUNDS)

6 SEC. 2301. Upon his determination that such action 

7 is necessary to ensure the appropriate allocation of funds 

8 provided to the Department of Defense in this chapter, the 

9 Secretary of Defense may transfer up to $75,000,000, of 

10 such funds between such appropriations: Provided, That the 

11 Secretary shall notify the Congress promptly of each trans12 fer made pursuant to this authority: Provided further, That 

13 the transfer authority provided in this section is in addi14 tion to any other transfer authority available to the Depart15 ment of Defense: Provided further, That the amount made 

16 available by the transfer of funds in or pursuant to this 

17 section is designated as an emergency requirement pursuant 

18 to section 402 of H. Con. Res. 95 (109th Congress), the con19 current resolution on the budget for fiscal year 2006. 

20 PROHIBITION OF NEW START PROGRAMS

21 SEC. 2302. None of the funds provided in this chapter 

22 may be used to finance programs or activities denied by 

23 Congress in fiscal year 2005 and 2006 appropriations to 

24 the Department of Defense or to initiate a procurement or 

25 research, development, test and evaluation new start pro-
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1 gram without prior written notification to the congressional 

2 defense committees. 

3 NAVY SHIPBUILDING COST ADJUSTMENTS

4 SEC. 2303. (a) Amounts appropriated or otherwise 

5 made available by this Act, or by chapter 2 of title I of 

6 the Emergency Supplemental Appropriations Act to Ad7 dress Hurricanes in the Gulf of Mexico and Pandemic In8 fluenza, 2006 (division B of Public Law 109–148; 119 Stat. 

9 2757), under the heading ‘‘Shipbuilding and Conversion, 

10 Navy’’ may be obligated and expended to pay the costs of 

11 any business disruption incurred by a ship construction 

12 contractor with respect to facilities or businesses located in 

13 the Hurricane Katrina Disaster Area by reason of Hurri14 cane Katrina. 

15 (b) Amounts received by a ship construction contractor 

16 under subsection (a) with respect to the costs of business 

17 disruption described in that subsection may not be treated 

18 as collateral insurance coverage or otherwise treated as pay19 ments which would reduce amounts otherwise payable to 

20 the contractor for such costs under any insurance or similar 

21 payer plan. 

22 (c) The Secretary of the Navy shall adjust any ship23 building contract with a ship construction contractor de24 scribed in subsection (a) in order to take into account the 

25 business disruption incurred by the contractor as described 

26 in that subsection. 
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1 (d)(1) In the event a shipbuilding contractor receives 

2 payment (whether through insurance or similar payer 

3 plan) for costs described in subsection (a) for which the con4 tractor has been paid amounts under that subsection, the 

5 contractor shall reimburse the United States for amounts 

6 paid under that subsection in the amount of the payment 

7 so received by the contractor. 

8 (2) Amounts received by the United States as reim9 bursement under paragraph (1) shall be credited to the ac10 count from which payment for the amounts reimbursed 

11 were made. Amounts credited to such account shall be 

12 merged with amounts in such account, and shall be avail13 able for the same purposes, and subject to the same condi14 tions and limitations, as amounts in such account. 

15 (e) In this section, the term ‘‘Hurricane Katrina Dis16 aster Area’’ has the meaning given that term in section 

17 1400M(2) of the Internal Revenue Code of 1986. 

18 CHAPTER 4 

19 DEPARTMENT OF DEFENSE—CIVIL 

20 DEPARTMENT OF THE ARMY 

21 CORPS OF ENGINEERS—CIVIL

22 INVESTIGATIONS

23 For an additional amount for ‘‘Investigations’’ for 

24 flood hazard analyses and technical studies related to the 

25 consequences of Hurricane Katrina and other disasters, 
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1 $3,750,000, to remain available until expended: Provided, 

2 That $3,750,000 of the amount shall be available only to 

3 the extent that an official budget request for a specific dollar 

4 amount, that includes designation of the entire amount of 

5 the request as an emergency requirement, is transmitted by 

6 the President to the Congress: Provided further, That the 

7 amount provided under this heading is designated as an 

8 emergency requirement pursuant to section 402 of H. Con. 

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

10 budget for fiscal year 2006. 

11 CONSTRUCTION

12 For an additional amount for ‘‘Construction’’ to re13 duce the risk of storm damage to the greater New Orleans 

14 metropolitan area by restoring the surrounding wetlands 

15 through measures to begin to reverse wetland losses in areas 

16 affected by navigation, oil and gas, and other channels and 

17 through modification of the Caernarvon Freshwater Diver18 sion structure or its operations, $122,850,000, to remain 

19 available until expended: Provided, That these funds shall 

20 not be subject to any non-Federal cost-sharing requirement: 

21 Provided further, That the amount provided under this 

22 heading is designated as an emergency requirement pursu23 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

24 concurrent resolution on the budget for fiscal year 2006: 

25 Provided further, That $22,850,000 of the amount shall be 

26 available only to the extent that an official budget request 
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1 for a specific dollar amount, that includes designation of 

2 the entire amount of the request as an emergency require3 ment, is transmitted by the President to the Congress: Pro4 vided further, That $2,000,000 of the amount provided in 

5 the previous proviso shall be provided at full Federal ex6 pense for the Hawaii water systems technical assistance 

7 program. 

8 OPERATIONS AND MAINTENANCE

9 For an additional amount for ‘‘Operations and Main10 tenance’’ to dredge navigation channels and repair other 

11 Corps projects related to the consequences of Hurricane 

12 Katrina and other hurricanes of the 2005 season, 

13 $4,700,000, to remain available until expended: Provided, 

14 That $4,700,000 shall be available only to the extent an 

15 official budget request, that includes designation of the 

16 $4,700,000 as an emergency requirement is transmitted by 

17 the President to the Congress: Provided further, That the 

18 amount provided under this heading is designated as an 

19 emergency requirement pursuant to section 402 of H. Con. 

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

21 budget for fiscal year 2006. 

22 FLOOD CONTROL AND COASTAL EMERGENCIES

23 For an additional amount for ‘‘Flood Control and 

24 Coastal Emergencies’’, as authorized by section 5 of the 

25 Flood Control Act of August 18, 1941, as amended (33 

26 U.S.C. 701n), for necessary expenses related to the con-
161 

HR 4939 RS 

1 sequences of Hurricane Katrina and other hurricanes of the 

2 2005 season, $2,001,500,000, to remain available until ex3 pended: Provided, That the Secretary of the Army is di4 rected to use the funds appropriated herein to modify, at 

5 full Federal expense, authorized projects in southeast Lou6 isiana to provide hurricane and storm damage reduction 

7 and flood damage reduction in greater New Orleans and 

8 surrounding areas, of which $530,000,000 shall be used to 

9 modify the 17th Street, Orleans Avenue and London Avenue 

10 drainage canals, and install pumps and closure structures 

11 at or near the lakefront; $250,000,000 shall be used for 

12 storm-proofing interior pump stations to ensure their oper13 ability during hurricanes, storms and high water events; 

14 $170,000,000 shall be used for armoring critical elements 

15 of the New Orleans hurricane and storm damage reduction 

16 system; $350,000,000 shall be used to improve protection 

17 at the Inner Harbor Navigation Canal; and $60,000,000 

18 shall be used for incorporation of certain non-Federal levees 

19 in Plaquemines Parish into the existing Federal levee sys20 tem: Provided further, That any project using funds appro21 priated herein shall be initiated only after non-Federal in22 terests have entered into binding agreements with the Sec23 retary to pay 100 percent of the operation, maintenance, 

24 repair, replacement and rehabilitation costs of the project 

25 and to hold and save the United States free from damages 
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1 due to the construction or operation and maintenance of 

2 the project, except for damages due to the fault or negligence 

3 of the United States or its contractors: Provided further, 

4 That $641,500,000 of the amount shall be available only 

5 to the extent that an official budget request for a specific 

6 dollar amount, that includes designation of the entire 

7 amount of the request as an emergency requirement, is 

8 transmitted by the President to the Congress: Provided fur9 ther, That the amounts provided under this heading are des10 ignated as an emergency requirement pursuant to section 

11 402 of H. Con. Res. 95 (109th Congress), the concurrent 

12 resolution on the budget for fiscal year 2006. 

13 CHAPTER 5 

14 DEPARTMENT OF HOMELAND SECURITY 

15 CUSTOMS AND BORDER PROTECTION

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’ for necessary expenses related to the consequences 

19 of Hurricane Katrina and other hurricanes of the 2005 sea20 son, $12,900,000: Provided, That the amount provided 

21 under this heading is designated as an emergency require22 ment pursuant to section 402 of H. Con. Res. 95 (109th 

23 Congress), the concurrent resolution on the budget for fiscal 

24 year 2006. 
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1 CONSTRUCTION

2 For an additional amount for ‘‘Construction’’ for nec3 essary expenses related to the consequences of Hurricane 

4 Katrina and other hurricanes of the 2005 season, 

5 $4,800,000, to remain available until expended: Provided, 

6 That the amount provided under this heading is designated 

7 as an emergency requirement pursuant to section 402 of 

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

9 on the budget for fiscal year 2006. 

10 UNITED STATES COAST GUARD

11 OPERATING EXPENSES

12 (INCLUDING TRANSFERS OF FUNDS)

13 For an additional amount for ‘‘Operating Expenses’’ 

14 for necessary expenses related to the consequences of Hurri15 cane Katrina and other hurricanes of the 2005 season, 

16 $90,570,900, to remain available until September 30, 2007, 

17 of which up to $267,000 may be transferred to ‘‘Environ18 mental Compliance and Restoration’’ to be used for envi19 ronmental cleanup and restoration of Coast Guard facilities 

20 in the Gulf of Mexico region; and of which up to $470,000 

21 may be transferred to ‘‘Research, Development, Test and 

22 Evaluation’’ to be used for salvage and repair of research 

23 and development equipment and facilities: Provided, That 

24 the amounts provided under this heading are designated as 

25 an emergency requirement pursuant to section 402 of H. 
164 

HR 4939 RS 

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

2 the budget for fiscal year 2006. 

3 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

4 For an additional amount for ‘‘Acquisition, Construc5 tion, and Improvements’’ for necessary expenses related to 

6 the consequences of Hurricane Katrina and other hurri7 canes of the 2005 season, $191,844,000, to remain available 

8 until expended: Provided, That such amounts shall be avail9 able for major repair and reconstruction projects for facili10 ties that were damaged and for damage to vessels currently 

11 under construction, for the replacement of damaged equip12 ment, and for the reimbursement of delay, loss of efficiency, 

13 disruption, and related costs: Provided further, That 

14 amounts provided are also for equitable adjustments and 

15 provisional payments to contracts for Coast Guard vessels 

16 for which funds have been previously appropriated: Pro17 vided further, That the amount provided under this heading 

18 is designated as an emergency requirement pursuant to sec19 tion 402 of H. Con. Res. 95 (109th Congress), the concur20 rent resolution on the budget for fiscal year 2006. 

21 FEDERAL EMERGENCY MANAGEMENT AGENCY

22 ADMINISTRATIVE AND REGIONAL OPERATIONS

23 For an additional amount for ‘‘Administrative and 

24 Regional Operations’’ for necessary expenses related to the 

25 consequences of Hurricane Katrina and other hurricanes of 

26 the 2005 season, $71,800,000, to remain available until ex-
165 

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1 pended: Provided, That the amount provided under this 

2 heading is designated as an emergency requirement pursu3 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

4 concurrent resolution on the budget for fiscal year 2006. 

5 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

6 For an additional amount for ‘‘Preparedness, Mitiga7 tion, Response, and Recovery’’ for necessary expenses re8 lated to the consequences of Hurricane Katrina and other 

9 hurricanes of the 2005 season, $10,000,000, to remain 

10 available until expended: Provided, That the amount pro11 vided under this heading is designated as an emergency re12 quirement pursuant to section 402 of H. Con. Res. 95 

13 (109th Congress), the concurrent resolution on the budget 

14 for fiscal year 2006. 

15 DISASTER RELIEF

16 For an additional amount for ‘‘Disaster Relief’’ for 

17 necessary expenses under the Robert T. Stafford Disaster 

18 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

19 seq.), $10,600,000,000, to remain available until expended: 

20 Provided, That the amount provided under this heading is 

21 designated as an emergency requirement pursuant to sec22 tion 402 of H. Con. Res. 95 (109th Congress), the concur23 rent resolution on the budget for fiscal year 2006. 

24 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

25 For an additional amount for ‘‘Disaster Assistance Di26 rect Loan Program Account’’ for the cost of direct loans 
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1 as authorized under section 417 of the Robert T. Stafford 

2 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

3 5184), $301,000,000, to be used to assist local governments 

4 affected by Hurricane Katrina and other hurricanes of the 

5 2005 season in providing essential services, of which 

6 $1,000,000 is for administrative expenses to carry out the 

7 direct loan program: Provided, That such funds may be 

8 made to subsidize gross obligations for the principal 

9 amount of direct loans not to exceed $400,000,000: Provided 

10 further, That notwithstanding section 417(b) of such Act, 

11 the amount of any such loan issued pursuant to this section 

12 may exceed $5,000,000: Provided further, That notwith13 standing section 417(c)(1) of such Act, such loans may not 

14 be canceled: Provided further, That the cost of modifying 

15 such loans shall be as defined in section 502 of the Congres16 sional Budget Act of 1974 (2 U.S.C. 661a): Provided fur17 ther, That the amounts provided under this heading are des18 ignated as an emergency requirement pursuant to section 

19 402 of H. Con. Res. 95 (109th Congress), the concurrent 

20 resolution on the budget for fiscal year 2006. 

21 GENERAL PROVISIONS—THIS CHAPTER 

22 FEDERAL EMERGENCY MANAGEMENT AGENCY

23 SEC. 2501. The Federal Emergency Management Agen24 cy may provide funds to a State or local government or, 

25 as necessary, assume an existing agreement from such unit 
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1 of government, to pay for utility costs resulting from the 

2 provision of temporary housing units to evacuees from Hur3 ricane Katrina and other hurricanes of the 2005 season if 

4 the State or local government has previously arranged to 

5 pay for such utilities on behalf of the evacuees for the term 

6 of any leases, not to exceed 12 months, contracted by or 

7 prior to February 7, 2006, notwithstanding section 408 of 

8 the Robert T. Stafford Disaster Relief and Emergency As9 sistance Act (42 U.S.C. 5174): Provided, That the Federal 

10 share of the costs eligible to be paid shall be 100 percent. 

11 NATIONAL FLOOD INSURANCE FUND

12 SEC. 2502. (a) Title III of Public Law 109–90 (119 

13 Stat. 2079) is amended under the heading ‘‘National Flood 

14 Insurance Fund’’ by striking in the proviso ‘‘$30,000,000’’ 

15 and inserting ‘‘such sums as necessary, not to exceed 

16 $1,000,000,000,’’. 

17 (b) The provisions of this section are designated as an 

18 emergency requirement pursuant to section 402 of H. Con. 

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

20 budget for fiscal year 2006. 

21 HOUSING PILOT PROGRAM

22 SEC. 2503. Notwithstanding any other provision of 

23 law, the Secretary of Homeland Security shall consider eli24 gible under the Federal Emergency Management Agency In25 dividual Assistance Program the costs sufficient for alter26 native housing pilot programs in the areas hardest hit by 
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1 Hurricane Katrina and other hurricanes of the 2005 sea2 son: Provided, That the Secretary of Homeland Security 

3 shall submit for approval a proposal and an expenditure 

4 plan for the alternative housing pilot program to the Com5 mittees on Appropriations of the Senate and House of Rep6 resentatives within forty-five days from the date of enact7 ment of this Act: Provided further, That no State shall host 

8 more than one alternative housing pilot program. 

9 CHAPTER 6 

10 DEPARTMENT OF THE INTERIOR 

11 UNITED STATES FISH AND WILDLIFE SERVICE

12 CONSTRUCTION

13 For an additional amount for ‘‘Construction’’ for nec14 essary expenses related to the consequences of Hurricane 

15 Katrina and other hurricanes of the 2005 season, 

16 $132,400,000, to remain available until expended: Pro17 vided, That the amount provided under this heading is des18 ignated as an emergency requirement pursuant to section 

19 402 of H. Con. Res. 95 (109th Congress), the concurrent 

20 resolution on the budget for fiscal year 2006. 

21 NATIONAL PARK SERVICE

22 HISTORIC PRESERVATION FUND

23 For an additional amount for ‘‘Historic Preservation 

24 Fund’’ for necessary expenses related to the consequences of 

25 Hurricane Katrina and other hurricanes of the 2005 sea-
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1 son, $83,000,000, to remain available until expended: Pro2 vided, That of the funds provided under this heading, 

3 $80,000,000 shall be provided to State historical preserva4 tion officers for grants for disaster relief in areas of Lou5 isiana, Mississippi, and Alabama impacted by Hurricanes 

6 Katrina or Rita: Provided further, That grants shall be for 

7 the preservation, stabilization, rehabilitation, and repair of 

8 historic houses and designated ‘‘Main Street’’ commercial 

9 properties listed in or eligible for the National Register of 

10 Historic Places, for planning and technical assistance: Pro11 vided further, That grants shall only be available for areas 

12 that the President determines to be a major disaster under 

13 section 102(2) of the Robert T. Stafford Disaster Relief and 

14 Emergency Assistance Act (42 U.S.C. 5122(2)) due to Hur15 ricanes Katrina or Rita: Provided further, That individual 

16 grants shall not be subject to a non-Federal matching re17 quirement: Provided further, That no more than 5 percent 

18 of funds provided under this heading for disaster relief 

19 grants may be used for administrative expenses: Provided 

20 further, That of the amount provided under this heading 

21 for disaster relief grants, $37,500,000 shall be for the State 

22 of Louisiana, $37,500,000 shall be for the State of Mis23 sissippi, and $5,000,000 shall be for the State of Alabama: 

24 Provided further, That the amounts provided under this 

25 heading are designated as an emergency requirement pursu-
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1 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

2 concurrent resolution on the budget for fiscal year 2006. 

3 CONSTRUCTION

4 For an additional amount for ‘‘Construction’’ for nec5 essary expenses related to the consequences of Hurricane 

6 Katrina and other hurricanes of the 2005 season, 

7 $55,400,000, to remain available until expended: Provided, 

8 That the amount provided under this heading is designated 

9 as an emergency requirement pursuant to section 402 of 

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

11 on the budget for fiscal year 2006. 

12 UNITED STATES GEOLOGICAL SURVEY

13 SURVEYS, INVESTIGATIONS, AND RESEARCH

14 For an additional amount for ‘‘Surveys, Investiga15 tions, and Research’’ for necessary expenses related to the 

16 consequences of Hurricane Katrina and other hurricanes of 

17 the 2005 season and for repayment of advances to other ap18 propriation accounts from which funds were transferred for 

19 such purposes, $10,200,000, to remain available until ex20 pended: Provided, That the amount provided under this 

21 heading is designated as an emergency requirement pursu22 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

23 concurrent resolution on the budget for fiscal year 2006. 
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1 MINERALS MANAGEMENT SERVICE

2 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

3 For an additional amount for ‘‘Royalty and Offshore 

4 Minerals Management’’ for necessary expenses related to the 

5 consequences of Hurricane Katrina and other hurricanes of 

6 the 2005 season and for repayment of advances to other ap7 propriation accounts from which funds were transferred for 

8 such purposes, $15,000,000, to remain available until Sep9 tember 30, 2007: Provided, That the amount provided under 

10 this heading is designated as an emergency requirement 

11 pursuant to section 402 of H. Con. Res. 95 (109th Con12 gress), the concurrent resolution on the budget for fiscal year 

13 2006. 

14 ENVIRONMENTAL PROTECTION AGENCY 

15 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

16 For an additional amount for ‘‘Environmental Pro17 grams and Management’’ for necessary expenses related to 

18 the consequences of Hurricane Katrina and other hurri19 canes of the 2005 season, $6,000,000, to remain available 

20 until September 30, 2007: Provided, That the amount pro21 vided under this heading is designated as an emergency re22 quirement pursuant to section 402 of H. Con. Res. 95 

23 (109th Congress), the concurrent resolution on the budget 

24 for fiscal year 2006. 
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1 LEAKING UNDERGROUND STORAGE TANK PROGRAM

2 For an additional amount for ‘‘Leaking Underground 

3 Storage Tank Program’’ for necessary expenses related to 

4 the consequences of Hurricane Katrina and other hurri5 canes of the 2005 season, $7,000,000, to remain available 

6 until September 30, 2007: Provided, That the amount pro7 vided under this heading is designated as an emergency re8 quirement pursuant to section 402 of H. Con. Res. 95 

9 (109th Congress), the concurrent resolution on the budget 

10 for fiscal year 2006. 

11 DEPARTMENT OF AGRICULTURE 

12 FOREST SERVICE

13 NATIONAL FOREST SYSTEM

14 For an additional amount for the ‘‘National Forest 

15 System’’ for necessary expenses related to the consequences 

16 of Hurricane Katrina and other hurricanes of the 2005 sea17 son, $20,000,000, to remain available until expended: Pro18 vided, That the amount provided under this heading is des19 ignated as an emergency requirement pursuant to section 

20 402 of H. Con. Res. 95 (109th Congress), the concurrent 

21 resolution on the budget for fiscal year 2006. 
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1 CHAPTER 7 

2 DEPARTMENT OF LABOR 

3 EMPLOYMENT AND TRAINING ADMINISTRATION

4 TRAINING AND EMPLOYMENT SERVICES

5 For an additional amount for ‘‘Training and Employ6 ment Services’’, $32,500,000, to remain available until ex7 pended, for necessary expenses related to the consequences 

8 of Hurricane Katrina and other hurricanes of the 2005 sea9 son, for construction, rehabilitation, and acquisition of Job 

10 Corps centers as authorized by the Workforce Investment 

11 Act of 1998: Provided, That the amount provided under this 

12 heading is designated as an emergency requirement pursu13 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

14 concurrent resolution on the budget for fiscal year 2006. 

15 DEPARTMENTAL MANAGEMENT

16 OFFICE OF INSPECTOR GENERAL

17 For an additional amount for ‘‘Office of Inspector 

18 General’’ for necessary expenses related to the consequences 

19 of Hurricane Katrina and other hurricanes of the 2005 sea20 son, $2,000,000, to remain available until September 30, 

21 2007: Provided, That the amount provided under this head22 ing is designated as an emergency requirement pursuant 

23 to section 402 of H. Con. Res. 95 (109th Congress), the con24 current resolution on the budget for fiscal year 2006. 
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1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 For an additional amount for ‘‘Community Health 

5 Centers’’, $6,000,000, to establish and purchase communica6 tion equipment including satellite phones for a communica7 tions network among departments of health, community 

8 health centers and major medical centers in States affected 

9 by Hurricane Katrina and other hurricanes of the 2005 sea10 son: Provided, That the amount provided under this head11 ing is designated as an emergency requirement pursuant 

12 to section 402 of H. Con. Res. 95 (109th Congress), the con13 current resolution on the budget for fiscal year 2006. 

14 CENTERS FOR DISEASE CONTROL AND PREVENTION

15 DISEASE CONTROL, RESEARCH, AND TRAINING

16 For an additional amount for ‘‘Disease Control, Re17 search, and Training’’, $20,000,000, to remain available 

18 until expended, for mosquito and other pest abatement ac19 tivities in States affected by Hurricane Katrina and other 

20 hurricanes of the 2005 season: Provided, That the amount 

21 provided under this heading is designated as an emergency 

22 requirement pursuant to section 402 of H. Con. Res. 95 

23 (109th Congress), the concurrent resolution on the budget 

24 for fiscal year 2006. 
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1 OFFICE OF THE SECRETARY

2 OFFICE OF INSPECTOR GENERAL

3 For an additional amount for ‘‘Office of Inspector 

4 General’’ for necessary expenses related to the consequences 

5 of Hurricane Katrina and other hurricanes of the 2005 sea6 son, $2,669,846, to remain available until September 30, 

7 2007: Provided, That the amount provided under this head8 ing is designated as an emergency requirement pursuant 

9 to section 402 of H. Con. Res. 95 (109th Congress), the con10 current resolution on the budget for fiscal year 2006. 

11 DEPARTMENT OF EDUCATION 

12 DEPARTMENTAL MANAGEMENT

13 OFFICE OF THE INSPECTOR GENERAL

14 For an additional amount for ‘‘Office of the Inspector 

15 General’’, $1,500,000, to remain available until September 

16 30, 2007, for necessary expenses related to the consequences 

17 of Hurricane Katrina and other hurricanes of the 2005 sea18 son: Provided, That the amount provided under this head19 ing is designated as an emergency requirement pursuant 

20 to section 402 of H. Con. Res. 95 (109th Congress), the con21 current resolution on the budget for fiscal year 2006. 

22 HURRICANE EDUCATION RECOVERY

23 For an additional amount under the heading ‘‘Depart24 ment of Education’’ in Public Law 109–148 for carrying 

25 out section 107 of title IV, division B of that Act, 

26 $300,000,000, for necessary expenses related to the con-
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1 sequences of Hurricane Katrina and other hurricanes of the 

2 2005 season: Provided, That an additional $350,000,000 

3 shall be available to the Department of Education, until 

4 expended, for carrying out the purposes of section 107 of 

5 title IV, division B of Public Law 109–148, for displaced 

6 students, as defined in section 107(b)(1) of that Act, en7 rolled prior to October 1, 2006: Provided further, That the 

8 amount provided under this heading is designated as an 

9 emergency requirement pursuant to section 402 of H. Con. 

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

11 budget for fiscal year 2006. 

12 For the principal amount of direct loans, as authorized 

13 under section 2701 of title II of this Act, made not later 

14 than 60 days after the enactment of this Act for necessary 

15 expenses related to the consequences of Hurricane Katrina 

16 and other hurricanes of the 2005 season, $300,000,000. 

17 For the cost of direct loans, including the cost of modi18 fying loans as defined in section 502 of the Congressional 

19 Budget Act of 1974, $200,000,000, to remain available until 

20 expended: Provided, That the amount provided under this 

21 heading is designated as an emergency requirement pursu22 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

23 concurrent resolution on the budget for fiscal year 2006. 

24 Hereafter, the loan level established under this heading 

25 shall be considered an estimate, not a limitation. 
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1 For an additional amount under part B of title VII 

2 of the Higher Education Act of 1965 for institutions of 

3 higher education (as defined in section 102 of that Act) that 

4 are located in an area in which a major disaster has been 

5 declared in accordance with section 401 of the Robert T. 

6 Stafford Disaster Relief and emergency Assistance Act re7 lated to hurricanes in the Gulf of Mexico in calendar year 

8 2005, $30,000,000 for hurricane related costs: Provided, 

9 That the amount provided under this heading is designated 

10 as an emergency requirement pursuant to section 402 of 

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

12 on the budget for fiscal year 2006. 

13 RELATED AGENCIES 

14 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

15 NATIONAL AND COMMUNITY SERVICE PROGRAMS, 

16 OPERATING EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for the Corporation for Na19 tional and Community Service (the ‘‘Corporation’’) for nec20 essary expenses related to the consequences of Hurricane 

21 Katrina and other hurricanes of the 2005 season, 

22 $20,000,000, to remain available until September 30, 2007: 

23 Provided, That the funds made available under this heading 

24 shall be available for the Civilian Community Corps au25 thorized under subtitle E of title I of the National and Com26 munity Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12611 
178 

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1 et seq.): Provided further, That the Corporation may trans2 fer funds from the amount provided under the first proviso 

3 to the National Service Trust authorized under subtitle D 

4 of title I of the Act (42 U.S.C. 12601) upon determination 

5 that such transfer is necessary to support the activities of 

6 Civilian Community Corps participants and after notice 

7 is transmitted to Congress: Provided further, That the 

8 amount provided under this heading is designated as an 

9 emergency requirement pursuant to section 402 of H. Con. 

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

11 budget for fiscal year 2006. 

12 SOCIAL SECURITY ADMINISTRATION

13 OFFICE OF INSPECTOR GENERAL

14 For an additional amount for ‘‘Office of Inspector 

15 General’’, $277,000, to remain available until September 

16 30, 2007, for necessary expenses related to the consequences 

17 of Hurricane Katrina and other hurricanes of the 2005 sea18 son: Provided, That the amount provided under this head19 ing is designated as an emergency requirement pursuant 

20 to section 402 of H. Con. Res. 95 (109th Congress), the con21 current resolution on the budget for fiscal year 2006. 
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1 GENERAL PROVISIONS—THIS CHAPTER 

2 DEPARTMENT OF EDUCATION—HURRICANE EDUCATION

3 RECOVERY

4 SEC. 2701. (a) AUTHORIZATION OF PROGRAM.—The 

5 Secretary of Education shall establish an Education Relief 

6 Loan Program that includes amounts appropriated under 

7 chapter 7 of title II of this Act and provides from such 

8 amounts funds for long-term, low-interest direct loans to eli9 gible postsecondary educational institutions for direct or in10 direct losses incurred on or after August 28, 2005, resulting 

11 from the impact of Hurricanes Katrina and Rita, and re12 covery initiatives of such institutions. 

13 (b) ELIGIBILITY.—In this section, the term ‘‘eligible 

14 postsecondary educational institution’’ means— 

15 (1) a public postsecondary educational institu16 tion that was forced to suspend operations due to the 

17 impact of Hurricanes Katrina and Rita and has not 

18 been able to reopen in existing facilities or fully re19 open to the levels that existed before the impact of 

20 such hurricanes; 

21 (2) a private, nonprofit postsecondary edu22 cational institution that was forced to suspend oper23 ations due to the impact of such hurricanes and has 

24 not been able to reopen in existing facilities or fully 
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1 reopen to the levels that existed before the impact of 

2 such hurricanes; or 

3 (3) a public or private school of medicine that 

4 was forced to suspend operations due to the impact of 

5 such hurricanes and has not been able to reopen in 

6 existing facilities or fully reopen to the levels that ex7 isted before the impact of such hurricanes. 

8 (c) REQUIREMENTS FOR ASSISTANCE DUE TO

9 LOSSES.— 

10 (1) IN GENERAL.—An eligible postsecondary edu11 cational institution that desires to receive assistance 

12 under this section shall— 

13 (A) submit a sworn financial statement and 

14 other appropriate data, documentation, or other 

15 evidence requested by the Secretary of Education 

16 that indicates that the institution incurred losses 

17 resulting from the impact of Hurricanes Katrina 

18 and Rita and the monetary amount of such 

19 losses; 

20 (B) demonstrate that the institution at21 tempted to minimize the cost of any losses by 

22 pursuing collateral source compensation from the 

23 Federal Emergency Management Agency, the 

24 Small Business Administration, and insurance 
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1 prior to seeking assistance under this section; 

2 and 

3 (C) demonstrate that the institution has not 

4 been able to reopen in existing facilities or fully 

5 reopen to the levels that existed before the impact 

6 of such hurricanes. 

7 (2) NO REQUIREMENT THAT INSTITUTION RE8 CEIVE COLLATERAL SOURCE COMPENSATION.—An eli9 gible postsecondary educational institution shall be el10 igible for a loan under this section regardless of 

11 whether or not such institution received collateral 

12 source compensation from the Federal Emergency 

13 Management Agency, the Small Business Administra14 tion, or insurance. 

15 (d) USE OF ASSISTANCE.—Assistance received by an 

16 eligible postsecondary educational institution pursuant to 

17 this section may be used for— 

18 (1) direct and indirect construction cost and 

19 clean-up resulting from Hurricanes Katrina and 

20 Rita; 

21 (2) faculty salaries and incentives for retaining 

22 faculty; and 

23 (3) costs of lost tuition, revenue, and enrollment. 

24 (e) AUDIT.—The Secretary of Education and the 

25 Comptroller General of the United States may audit a state-
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1 ment submitted under subsection (c)(1)(A) and may request 

2 any information that the Secretary of Education and 

3 Comptroller General determine necessary to conduct such 

4 an audit. 

5 (f) REDUCTION IN ASSISTANCE.—In calculating assist6 ance to eligible postsecondary educational institutions 

7 under this section, the Secretary of Education shall cal8 culate a figure that reduces from the monetary amount of 

9 losses incurred by such institution, only the amount of col10 lateral source compensation the institution has already re11 ceived from insurance, the Federal Emergency Management 

12 Agency, and the Small Business Administration. 

13 (g) REGULATIONS.—Not later than 30 days after the 

14 date of enactment of this section, the Secretary of Education 

15 shall establish terms for the long-term, low-interest direct 

16 loan program and procedures for an application for assist17 ance under this section and minimum requirements for the 

18 program and for receiving assistance under this section, in19 cluding the following: 

20 (1) Forms to be used in submitting request for 

21 assistance. 

22 (2) Procedures to assist in filing and pursing as23 sistance. 

24 (3) Loan repayment and interest rate procedures 

25 and requirements, as specified by the Secretary of 
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1 Education and in accordance with the published rule 

2 of October 18, 2005 (44 C.F.R. 206.370–377), imple3 menting the Community Disaster Loan Act of 2005 

4 (Public Law 109–88). 

5 HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

6 FINANCING PROGRAM

7 SEC. 2702. (a) In this section: 

8 (1) The term ‘‘affected institution’’ means an in9 stitution of higher education that is— 

10 (A) a part B institution, as such term is 

11 defined in section 322 of the Higher Education 

12 Act of 1965 (20 U.S.C. 1061); and 

13 (B) located in an area affected by a Gulf 

14 hurricane disaster. 

15 (2) The terms ‘‘area affected by a Gulf hurricane 

16 disaster’’ and ‘‘Gulf hurricane disaster’’ have the 

17 meanings given such terms in section 209 of the 

18 Higher Education Hurricane Relief Act of 2005 

19 (Public Law 109–148, 119 Stat. 2809). 

20 (b) Notwithstanding any other provision of law (unless 

21 enacted with specific reference to this section), the Secretary 

22 of Education is authorized to waive or modify, as the Sec23 retary determines is necessary, any statutory or regulatory 

24 provision related to historically Black college and univer25 sity capital financing under part D of title III of the High-
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1 er Education Act of 1965 (20 U.S.C. 1066 et seq.), in con2 nection with a Gulf hurricane disaster, to ensure that— 

3 (1) the calculation of financing need under sec4 tion 343 of such Act (20 U.S.C. 1066b) for an affected 

5 institution is modified to reflect any changes in the 

6 financial condition of the institution as a result of the 

7 Gulf hurricane disaster; and 

8 (2) an affected institution that was not receiving 

9 assistance under such part before the Gulf hurricane 

10 disaster is eligible to apply for capital financing to 

11 assist in institutional recovery from the Gulf hurri12 cane disaster. 

13 (c)(1) Notwithstanding section 343(b)(1) or any other 

14 provision of title III of the Higher Education Act of 1965 

15 (20 U.S.C. 1066b(b)(1), 1051 et seq.), in carrying out sec16 tion 343 of such Act, a designated bonding authority shall 

17 withhold not more than 1 percent for the cost of issuance 

18 from the proceeds of qualified bonds that are loaned to an 

19 affected institution. 

20 (2) Notwithstanding section 343(b)(3) or any other 

21 provision of title III of the Higher Education Act of 1965 

22 (20 U.S.C. 1066b(b)(3), 1051 et seq.), the interest rate 

23 charged for a loan issued under part D of title III of such 

24 Act, after the date of enactment of this Act and with respect 
185 

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1 to an affected institution, shall be a rate of 1 percent for 

2 the period of the loan. 

3 (3) Notwithstanding any other provision of title III 

4 of the Higher Education Act of 1965 (20 U.S.C. 1051 et 

5 seq.), the requirements of section 343(b)(8) and 343(c)(2) 

6 of such Act (20 U.S.C. 1066(b)(8)) shall not apply with re7 spect to an affected institution receiving a loan under part 

8 D of title III of such Act (20 U.S.C. 1066 et seq.). 

9 (d) Notwithstanding any provision of title III of the 

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

11 any regulation promulgated under such title, the Secretary 

12 of Education shall grant a deferment, for a period of not 

13 more than 3 years, to an affected institution who has re14 ceived a loan under part D of title III of such Act (20 

15 U.S.C. 1066 et seq.). During the deferment period granted 

16 under this subsection, the affected institution shall not be 

17 required to pay any periodic installment of principal re18 quired under the loan agreement for such loan, and interest 

19 on such loan shall not accrue for the period of the deferment. 

20 (e)(1) Except as provided in paragraph (2), the au21 thority provided under this section to enter into, or modify 

22 or waive the terms of, a loan agreement or insurance agree23 ment under part D of title III of the Higher Education 

24 Act of 1965 (20 U.S.C. 1066 et seq.), or to grant a loan 
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1 deferment under subsection (d), shall terminate 1 year after 

2 the date of enactment of this Act. 

3 (2) Any provision of a loan agreement or insurance 

4 agreement modified or waived by the authority under this 

5 section shall remain so modified or waived for the duration 

6 of the period covered by the loan agreement or insurance 

7 agreement. 

8 (f) The amount provided in this section is designated 

9 as an emergency requirement pursuant to section 402 of 

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

11 on the budget for fiscal year 2006. 

12 USE OF SUPPLEMENTAL HIGHER EDUCATION ACT FUNDS

13 SEC. 2703. Funds available to the Mississippi Insti14 tutes of Higher Learning under the heading ‘‘Department 

15 of Education’’ in Public Law 109–148 may be used to sup16 port activities authorized by part B of title VII of the High17 er Education Act of 1965, as determined necessary by the 

18 Mississippi Institutes of Higher Learning: Provided, That 

19 the amount provided under this section is designated as an 

20 emergency requirement pursuant to section 402 of H. Con. 

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

22 budget for fiscal year 2006. 
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1 CHAPTER 8 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION 

4 MILITARY CONSTRUCTION, NAVY

5 For an additional amount for ‘‘Military Construction, 

6 Navy’’ for necessary expenses related to the consequences of 

7 Hurricane Katrina and other hurricanes of the 2005 sea8 son, $44,770,000, to remain available until September 30, 

9 2010: Provided, That such funds may be obligated or ex10 pended for planning and design and military construction 

11 projects not otherwise authorized by law: Provided further, 

12 That the amount provided under this heading is designated 

13 as an emergency requirement pursuant to section 402 of 

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

15 on the budget for fiscal year 2006. 

16 MILITARY CONSTRUCTION, AIR FORCE

17 For an additional amount for ‘‘Military Construction, 

18 Air Force’’ for necessary expenses related to the con19 sequences of Hurricane Katrina and other hurricanes of the 

20 2005 season, $103,500,000, to remain available until Sep21 tember 30, 2010: Provided, That such funds may be obli22 gated or expended for planning and design and military 

23 construction projects not otherwise authorized by law: Pro24 vided further, That the amount provided under this heading 

25 is designated as an emergency requirement pursuant to sec-
188 

HR 4939 RS 

1 tion 402 of H. Con. Res. 95 (109th Congress), the concur2 rent resolution on the budget for fiscal year 2006. 

3 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

4 For an additional amount for ‘‘Military Construction, 

5 Army National Guard’’ for necessary expenses related to the 

6 consequences of Hurricane Katrina and other hurricanes of 

7 the 2005 season, $210,071,000, to remain available until 

8 September 30, 2010: Provided, That such funds may be obli9 gated or expended for planning and design and military 

10 construction projects not otherwise authorized by law: Pro11 vided further, That the amount provided under this heading 

12 is designated as an emergency requirement pursuant to sec13 tion 402 of H. Con. Res. 95 (109th Congress), the concur14 rent resolution on the budget for fiscal year 2006: Provided 

15 further, That the amount appropriated under this heading 

16 in the Emergency Supplemental Appropriations Act to Ad17 dress Hurricanes in the Gulf of Mexico and Pandemic In18 fluenza, 2006 (division B, Public Law 109–148) shall re19 main available until September 30, 2010. 

20 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

21 For an additional amount for ‘‘Military Construction, 

22 Air National Guard’’ for necessary expenses related to the 

23 consequences of Hurricane Katrina and other hurricanes of 

24 the 2005 season, $5,800,000, to remain available until Sep25 tember 30, 2010: Provided, That such funds may be obli-
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1 gated or expended for planning and design and military 

2 construction projects not otherwise authorized by law: Pro3 vided further, That the amount provided under this heading 

4 is designated as an emergency requirement pursuant to sec5 tion 402 of H. Con. Res. 95 (109th Congress), the concur6 rent resolution on the budget for fiscal year 2006. 

7 MILITARY CONSTRUCTION, NAVAL RESERVE

8 (INCLUDING RESCISSION OF FUNDS)

9 For an additional amount for ‘‘Military Construction, 

10 Naval Reserve’’ for necessary expenses related to the con11 sequences of Hurricane Katrina and other hurricanes of the 

12 2005 season, $24,270,000, to remain available until Sep13 tember 30, 2010: Provided, That such funds may be obli14 gated or expended for planning and design and military 

15 construction projects not otherwise authorized by law: Pro16 vided further, That the amount provided under this heading 

17 is designated as an emergency requirement pursuant to sec18 tion 402 of H. Con. Res. 95 (109th Congress), the concur19 rent resolution on the budget for fiscal year 2006: Provided 

20 further, That the amount appropriated under this heading 

21 in the Emergency Supplemental Appropriations Act to Ad22 dress Hurricanes in the Gulf of Mexico and Pandemic In23 fluenza, 2006 (division B, Public Law 109–148) shall re24 main available until September 30, 2010, except that, of 

25 such amount $49,530,000 are rescinded. 
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1 DEPARTMENT OF VETERANS AFFAIRS 

2 DEPARTMENTAL ADMINISTRATION

3 CONSTRUCTION, MAJOR PROJECTS

4 For an additional amount for ‘‘Construction, Major 

5 Projects’’ for necessary expenses related to the consequences 

6 of Hurricane Katrina and other hurricanes of the 2005 sea7 son, $623,000,000, to remain available until expended: Pro8 vided, That of that amount, $62,000,000 shall be for the 

9 disposal, environmental cleanup and debris removal of the 

10 Department of Veterans Affairs’ land in Gulfport, Mis11 sissippi: Provided further, That the amount provided under 

12 this heading is designated as an emergency requirement 

13 pursuant to section 402 of H. Con. Res. 95 (109th Con14 gress), the concurrent resolution on the budget for fiscal year 

15 2006. 

16 RELATED AGENCY 

17 ARMED FORCES RETIREMENT HOME

18 MAJOR CONSTRUCTION

19 For an additional amount for ‘‘Major Construction’’ 

20 for necessary expenses related to the consequences of Hurri21 cane Katrina and other hurricanes of the 2005 season, 

22 $176,000,000, to remain available until expended: Pro23 vided, That such funds may be obligated or expended for 

24 planning and design and construction projects not other25 wise authorized by law: Provided further, That these funds 
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1 shall be used for the planning and design and construction 

2 of a new Armed Forces Retirement Home in Gulfport, Mis3 sissippi: Provided further, That the amount provided under 

4 this heading is designated as an emergency requirement 

5 pursuant to section 402 of H. Con. Res. 95 (109th Con6 gress), the concurrent resolution on the budget for fiscal year 

7 2006. 

8 GENERAL PROVISIONS—THIS CHAPTER 

9 MILITARY CONSTRUCTION

10 (WAIVER OF LIMITATION)

11 SEC. 2801. The limitation of Federal contribution es12 tablished under section 18236(b) of title 10 is hereby waived 

13 for projects appropriated in this chapter. 

14 DEPARTMENT OF VETERANS AFFAIRS

15 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

16 SEC. 2802. (a) Of the amounts made available in chap17 ter 7 of the title I of division B of Public Law 109–148, 

18 ‘‘Department of Veterans Affairs’’, ‘‘Veterans Health Ad19 ministration’’, ‘‘Medical Services’’, $198,265,000 are hereby 

20 rescinded. 

21 (b) For an additional amount for ‘‘Department of Vet22 erans Affairs’’, ‘‘Veterans Health Administration’’, ‘‘Med23 ical Services’’, $198,265,000, to remain available until ex24 pended, for necessary expenses related to the consequences 

25 of hurricanes in the Gulf of Mexico in calendar year 2005. 
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1 (c) The funds made available in subsection (b) may 

2 be transferred to the ‘‘Department of Veterans Affairs’’, 

3 ‘‘Veterans Health Administration’’, ‘‘Medical Services’’, 

4 ‘‘Medical Administration’’, ‘‘Medical Facilities’’, ‘‘Depart5 mental Administration’’, ‘‘Construction, Minor Projects’’, 

6 and ‘‘Information Technology Systems’’ accounts as re7 quired. 

8 (d) Not less than 15 days prior to making any such 

9 transfer as authorized under subsection (c), the Department 

10 shall notify the Committees on Appropriations of both 

11 Houses of Congress. 

12 (e) This section is designated as an emergency require13 ment pursuant to section 402 of H. Con. Res. 95 (109th 

14 Congress), the concurrent resolution on the budget for fiscal 

15 year 2006. 

16 DEPARTMENT OF VETERANS AFFAIRS

17 LAND TRANSFER

18 SEC. 2803. Notwithstanding any other provision of 

19 law, within six months of enactment of this Act, the Sec20 retary of Veterans Affairs is authorized and directed to 

21 cleanup and transfer all land parcels of the Department’s 

22 land in Gulfport, Mississippi to the city of Gulfport, Mis23 sissippi. 
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1 DEPARTMENT OF VETERANS AFFAIRS

2 NEW ORLEANS AND BILOXI MEDICAL FACILITIES

3 SEC. 2804. Notwithstanding any other provision of 

4 law, and within the amounts appropriated for this purpose, 

5 the Secretary of Veterans Affairs may obligate and expend 

6 funds from the ‘‘Construction, Major Projects’’ appropria7 tion to purchase a site for and the new construction, res8 toration or replacement of the Department of Veterans Af9 fairs Medical Centers, New Orleans, Louisiana; and Biloxi, 

10 Mississippi. 

11 ARMED FORCES RETIREMENT HOME

12 (TRANSFER OF FUNDS)

13 SEC. 2805. The following unobligated balances shall be 

14 transferred to the Armed Forces Retirement Home ‘‘Major 

15 Construction’’ account, to remain available until expended, 

16 for the planning and design and construction of a new 

17 Armed Forces Retirement Home in Gulfport, Mississippi 

18 from amounts appropriated under the heading ‘‘Armed 

19 Forces Retirement Home’’ in chapter 7 of division B of 

20 Public Law 109–148 (119 Stat. 2769), $45,000,000 pro21 vided for Armed Forces Retirement Home-Gulfport; and 

22 unobligated balances of funds provided in fiscal years 1998 

23 through 2004 for construction and renovation of the phys24 ical plants at the United States Naval Home/Armed Forces 

25 Retirement Home-Gulfport: Provided, That the amount 

26 provided or otherwise made available under this section is 
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1 designated as an emergency requirement pursuant to sec2 tion 402 of H. Con. Res. 95 (109th Congress), the concur3 rent resolution on the budget for fiscal year 2006. 

4 CHAPTER 9 

5 DEPARTMENT OF TRANSPORTATION 

6 FEDERAL HIGHWAY ADMINISTRATION

7 FEDERAL-AID HIGHWAYS

8 EMERGENCY RELIEF PROGRAM

9 For an additional amount for ‘‘Emergency relief pro10 gram’’ as authorized under 23 U.S.C. 125, $594,000,000, 

11 to remain available until expended, to be made available 

12 to carry out projects eligible for reimbursement under 23 

13 U.S.C. 125 not otherwise funded in other Appropriations 

14 Acts and identified under ‘‘Total Backlog’’ in the Federal 

15 Highway Administration table entitled ‘‘Emergency Relief 

16 Program Fund Requests—updated 03/28/06’’ as well as 

17 projects eligible for reimbursement resulting from 2006 

18 flooding in the State of Hawaii: Provided, That notwith19 standing 23 U.S.C. 120(e), the Federal share for all projects 

20 for repairs or reconstruction of highways, roads, bridges, 

21 and trails to respond to damage caused by Hurricanes 

22 Katrina, Rita, and Wilma shall be 100 percent: Provided 

23 further, That notwithstanding 23 U.S.C. 125(d)(1), the Sec24 retary of Transportation may obligate more than 

25 $100,000,000 for such projects in a State in a fiscal year, 

26 to respond to damage caused by Hurricanes Dennis, 
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1 Katrina, Rita, or Wilma and by the 2004–2005 winter 

2 storms in the State of California: Provided further, That 

3 any amounts in excess of those necessary for emergency ex4 penses relating to the eligible projects cited in the first sen5 tence of this paragraph may be used for other projects au6 thorized under 23 U.S.C. 125: Provided further, That the 

7 amounts provided under this heading are designated as an 

8 emergency requirement pursuant to section 402 of H. Con. 

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

10 budget for fiscal year 2006. 

11 FEDERAL TRANSIT ADMINISTRATION

12 EMERGENCY ASSISTANCE FOR PUBLIC TRANSPORTATION

13 For grants to State or local governmental entities di14 rectly affected by Hurricane Katrina for expenses related 

15 to emergency response and recovery of public transportation 

16 equipment, facilities and services, as determined by the Sec17 retary of Transportation, $200,000,000, to remain available 

18 until expended: Provided, That for recipients of assistance 

19 under chapter 53 of title 49, United States Code, directly 

20 affected by Hurricane Katrina, the Secretary may waive 

21 the Federal matching share requirements for Federal transit 

22 assistance programs under such chapter, including the Fed23 eral matching share requirements contained in existing 

24 Federal assistance grant agreements: Provided further, That 

25 the Secretary may allow such recipients to use such assist-
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1 ance for operating assistance, notwithstanding the terms 

2 and conditions contained in existing Federal assistance 

3 grant agreements: Provided further, That the Secretary may 

4 waive any other Federal transit assistance grant require5 ments under such chapter or sections 3037 and 3038 of the 

6 Federal Transit Act of 1998, including those requirements 

7 contained in existing Federal assistance grant agreements 

8 to facilitate emergency response and recovery of public 

9 transportation equipment, facilities and services by such re10 cipients: Provided further, That the authority of the Sec11 retary hereunder shall expire two years after the date of 

12 enactment of this section, unless determined otherwise by 

13 the Secretary for a compelling need: Provided further, That 

14 the amount provided under this heading is designated as 

15 an emergency requirement pursuant to section 402 of H. 

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

17 the budget for fiscal year 2006. 

18 FEDERAL RAILROAD ADMINISTRATION

19 CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS

20 Notwithstanding any other provision of law, to enable 

21 the Secretary of Transportation to make a grant under 49 

22 U.S.C. 20154, for the purpose of facilitating the relocation 

23 of a rail line that was destroyed or received significant 

24 damage as the result of Hurricane Katrina and other hurri25 canes of the 2005 season, $700,000,000, to remain available 
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1 until expended: Provided, That relocating a significant por2 tion of the rail traffic from a rail line destroyed or damaged 

3 to an existing rail corridor or corridors inland, and thus 

4 less vulnerable to damage by future hurricanes, and which 

5 permits the abandonment and alternative use of significant 

6 portions of the right-of-way of the rail line destroyed or 

7 damaged in 2005, shall be a permissible relocation of said 

8 rail line pursuant to 49 U.S.C. 20154: Provided further, 

9 That paragraphs (2), (3), and (4) of subsection (c) of section 

10 20154 and subsection (d) of section 20154 shall not apply 

11 in the consideration of an application or award of a grant 

12 under this provision: Provided further, That the amount 

13 provided under this heading is designated as an emergency 

14 requirement pursuant to section 402 of H. Con. Res. 95 

15 (109th Congress), the concurrent resolution on the budget 

16 for fiscal year 2006. 

17 DEPARTMENT OF HOUSING AND URBAN 

18 DEVELOPMENT 

19 PUBLIC AND INDIAN HOUSING

20 TENANT-BASED RENTAL ASSISTANCE

21 For an additional amount for ‘‘Tenant-Based Rental 

22 Assistance’’ for tenant-based and project-based assistance 

23 for households within the area declared a major disaster 

24 under the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5121 et seq.) related to the 
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1 consequences of Hurricane Katrina and other hurricanes of 

2 the 2005 season, $202,000,000, to remain available until 

3 September 30, 2007, of which not to exceed $5,000,000 is 

4 for the administrative and related information technology 

5 costs of the Department of Housing and Urban Develop6 ment: Provided, That such households shall be limited to 

7 those identified under this heading in division B, Public 

8 Law 109–148 and to those which, prior to Hurricane 

9 Katrina or Rita, received assistance under section 236 or 

10 under section 221(d)(3) pursuant to section 221(d)(5) of the 

11 National Housing Act, or section 101 of the Housing and 

12 Urban Development Act of 1965: Provided further, That, 

13 except as otherwise provided, such funds shall be subject to 

14 the terms and conditions of amounts provided under this 

15 heading in division B, Public Law 109–148, except that 

16 section 8(o)(7)(A) of the United States Housing Act of 1937 

17 shall not apply to funds under such heading and under this 

18 heading: Provided further, That no less than $100,000,000 

19 shall be made available as project-based assistance used to 

20 support the reconstruction, rebuilding and repair of assisted 

21 housing that suffered the consequences of Hurricane 

22 Katrina and other hurricanes of the 2005 season, and may 

23 include new structures supported under the low income tax 

24 credit program: Provided further, That all previously as25 sisted HUD project-based housing shall be accorded a pref-
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1 erence in the use of this project-based assistance: Provided 

2 further, That, notwithstanding any other provision of law, 

3 after providing a first right of return to all households in 

4 the St. Bernard, Orleans, Plaquemines, Jefferson, and St. 

5 Tammany Parishes eligible for project-based housing assist6 ance under this heading and under this heading in division 

7 B, Public Law 109–148, owners may then offer remaining 

8 available dwelling units to city and parish employees from 

9 those parishes for a period of not to exceed 12 months: Pro10 vided further, That the amounts provided under this head11 ing are designated as an emergency requirement pursuant 

12 to section 402 of H. Con. Res. 95 (109th Congress), the con13 current resolution on the budget for fiscal year 2006. 

14 COMMUNITY PLANNING AND DEVELOPMENT

15 COMMUNITY DEVELOPMENT FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for the ‘‘Community devel18 opment fund’’, for necessary expenses related to disaster re19 lief, long-term recovery, and restoration of infrastructure in 

20 the most impacted and distressed areas related to the con21 sequences of Hurricane Katrina and other hurricanes of the 

22 2005 season in States for which the President declared a 

23 major disaster under title IV of the Robert T. Stafford Dis24 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

25 et seq.) in conjunction with Hurricane Katrina and other 

26 hurricanes of the 2005 season, $5,200,000,000, to remain 
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1 available until expended, for activities authorized under 

2 title I of the Housing and Community Development Act of 

3 1974 (Public Law 93–383): Provided, That funds provided 

4 under this heading shall be administered through an entity 

5 or entities designated by the Governor of each State: Pro6 vided further, That such funds may not be used for activi7 ties reimbursable by or for which funds are made available 

8 by the Federal Emergency Management Agency, the Small 

9 Business Administration, or the Army Corps of Engineers: 

10 Provided further, That funds allocated under this heading 

11 shall not adversely affect the amount of any formula assist12 ance received by a State under this heading: Provided fur13 ther, That each State may use up to five percent of its allo14 cation for administrative costs: Provided further, That not 

15 less than $1,000,000,000 from funds made available on a 

16 pro-rata basis according to the allocation made to each 

17 State under this heading shall be used for repair, rehabilita18 tion, and reconstruction (including demolition, site clear19 ance and remediation) of the affordable rental housing stock 

20 (including public and other HUD-assisted housing) in the 

21 impacted areas: Provided further, That in administering 

22 the funds under this heading, the Secretary of Housing and 

23 Urban Development may waive, or specify alternative re24 quirements for, any provision of any statute or regulation 

25 that the Secretary administers in connection with the obli-
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1 gation by the Secretary or the use by the recipient of these 

2 funds or guarantees (except for requirements related to fair 

3 housing, nondiscrimination, labor standards, and the envi4 ronment), upon a request by the State that such waiver is 

5 required to facilitate the use of such funds or guarantees, 

6 and a finding by the Secretary that such waiver would not 

7 be inconsistent with the overall purpose of the statute: Pro8 vided further, That the Secretary may waive the require9 ment that activities benefit persons of low and moderate 

10 income, except that at least 50 percent of the funds made 

11 available under this heading must benefit primarily persons 

12 of low and moderate income unless the Secretary otherwise 

13 makes a finding of compelling need: Provided further, That 

14 the Secretary shall publish in the Federal Register any 

15 waiver of any statute or regulation that the Secretary ad16 ministers pursuant to title I of the Housing and Commu17 nity Development Act of 1974 no later than 5 days before 

18 the effective date of such waiver: Provided further, That 

19 every waiver made by the Secretary must be reconsidered 

20 according to the three previous provisos on the two-year an21 niversary of the day the Secretary published the waiver in 

22 the Federal Register: Provided further, That prior to the 

23 obligation of funds each State shall submit a plan to the 

24 Secretary detailing the proposed use of all funds, including 

25 criteria for eligibility and how the use of these funds will 
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1 address long-term recovery and restoration of infrastruc2 ture: Provided further, That prior to the obligation of funds 

3 to each State, the Secretary shall ensure that such plan 

4 gives priority to infrastructure development and rehabilita5 tion and the rehabilitation and reconstruction of the afford6 able rental housing stock including public and other HUD7 assisted housing: Provided further, That each State will re8 port quarterly to the Committees on Appropriations on all 

9 awards and uses of funds made available under this head10 ing, including specifically identifying all awards of sole11 source contracts and the rationale for making the award 

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

13 shall notify the Committees on Appropriations on any pro14 posed allocation of any funds and any related waivers made 

15 pursuant to these provisions under this heading no later 

16 than 5 days before such waiver is made: Provided further, 

17 That the Secretary shall establish procedures to prevent re18 cipients from receiving any duplication of benefits and re19 port quarterly to the Committees on Appropriations with 

20 regard to all steps taken to prevent fraud and abuse of funds 

21 made available under this heading including duplication 

22 of benefits: Provided further, That of the amounts made 

23 available under this heading, the Secretary shall transfer 

24 $12,000,000 to the Office of Inspector General for costs asso25 ciated with oversight: Provided further, That none of the 
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1 funds provided under this heading may be used by a State 

2 or locality as a matching requirement, share, or contribu3 tion for any other Federal program: Provided further, That 

4 the amounts provided under this heading are designated as 

5 an emergency requirement pursuant to section 402 of H. 

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

7 the budget for fiscal year 2006. 

8 INDEPENDENT AGENCY 

9 GENERAL SERVICES ADMINISTRATION

10 FEDERAL BUILDINGS FUND

11 For an additional amount for the ‘‘Federal Buildings 

12 Fund’’ for necessary expenses related to the consequences of 

13 Hurricane Katrina and other hurricanes of the 2005 sea14 son, $37,000,000, from the General Fund and to remain 

15 available until expended: Provided, That notwithstanding 

16 40 U.S.C. 3307, the Administrator of General Services is 

17 authorized to proceed with repairs and alterations for af18 fected buildings: Provided further, That the amount pro19 vided under this heading is designated as an emergency re20 quirement pursuant to section 402 of H. Con. Res. 95 

21 (109th Congress), the concurrent resolution on the budget 

22 for fiscal year 2006. 
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1 TITLE III 

2 EMERGENCY AGRICULTURAL DISASTER 

3 ASSISTANCE 

4 SEC. 3001. SHORT TITLE. 

5 This title may be cited as the ‘‘Emergency Agricultural 

6 Disaster Assistance Act of 2006’’. 

7 SEC. 3002. DEFINITIONS. 

8 In this title: 

9 (1) ADDITIONAL COVERAGE.—The term ‘‘addi10 tional coverage’’ has the meaning given the term in 

11 section 502(b)(1) of the Federal Crop Insurance Act 

12 (7 U.S.C. 1502(b)(1)). 

13 (2) DISASTER COUNTY.—The term ‘‘disaster 

14 county’’ means— 

15 (A) a county included in the geographic 

16 area covered by a natural disaster declaration; 

17 and 

18 (B) each county contiguous to a county de19 scribed in subparagraph (A). 

20 (3) HURRICANE-AFFECTED COUNTY.—The term 

21 ‘‘hurricane-affected county’’ means— 

22 (A) a county included in the geographic 

23 area covered by a natural disaster declaration 

24 related to Hurricane Katrina, Hurricane Rita, 

25 Hurricane Wilma, or a related condition; and 
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1 (B) each county contiguous to a county de2 scribed in subparagraph (A). 

3 (4) INSURABLE COMMODITY.—The term ‘‘insur4 able commodity’’ means an agricultural commodity 

5 (excluding livestock) for which the producers on a 

6 farm are eligible to obtain a policy or plan of insur7 ance under the Federal Crop Insurance Act (7 U.S.C. 

8 1501 et seq.). 

9 (5) LIVESTOCK.—The term ‘‘livestock’’ in10 cludes— 

11 (A) cattle (including dairy cattle); 

12 (B) bison; 

13 (C) sheep; 

14 (D) swine; and 

15 (E) other livestock, as determined by the 

16 Secretary. 

17 (6) NATURAL DISASTER DECLARATION.—The 

18 term ‘‘natural disaster declaration’’ means— 

19 (A) a natural disaster declared by the Sec20 retary— 

21 (i) during calendar year 2005 under 

22 section 321(a) of the Consolidated Farm 

23 and Rural Development Act (7 U.S.C. 

24 1961(a)); or 
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1 (ii) during calendar year 2006 under 

2 that section, but for which a request was 

3 pending as of the date of enactment of this 

4 Act; or 

5 (B) a major disaster or emergency des6 ignated by the President— 

7 (i) during calendar year 2005 under 

8 the Robert T. Stafford Disaster Relief and 

9 Emergency Assistance Act (42 U.S.C. 5121 

10 et seq.); or 

11 (ii) during calendar year 2006 under 

12 that Act, but for which a request was pend13 ing as of the date of enactment of this Act. 

14 (7) NONINSURABLE COMMODITY.—The term 

15 ‘‘noninsurable commodity’’ means a crop for which 

16 the producers on a farm are eligible to obtain assist17 ance under section 196 of the Federal Agriculture Im18 provement and Reform Act of 1996 (7 U.S.C. 7333). 

19 (8) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture. 

21 Subtitle A—Agricultural 

22 Production Losses 

23 SEC. 3011. CROP DISASTER ASSISTANCE. 

24 (a) IN GENERAL.—The Secretary shall use such sums 

25 as are necessary of funds of the Commodity Credit Corpora-
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1 tion to make emergency financial assistance authorized 

2 under this section available to producers on a farm that 

3 have incurred qualifying losses described in subsection (c). 

4 (b) ADMINISTRATION.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Secretary shall make assistance avail7 able under this section in the same manner as pro8 vided under section 815 of the Agriculture, Rural De9 velopment, Food and Drug Administration and Re10 lated Agencies Appropriations Act, 2001 (Public Law 

11 106–387; 114 Stat. 1549A–55), including using the 

12 same loss thresholds for quantity and economic losses 

13 as were used in administering that section, except 

14 that the payment rate shall be 50 percent of the estab15 lished price, instead of 65 percent. 

16 (2) LOSS THRESHOLDS FOR QUALITY LOSSES.— 

17 In the case of a payment for quality loss for a crop 

18 under subsection (c)(2), the loss thresholds for quality 

19 loss for the crop shall be determined under subsection 

20 (d). 

21 (c) QUALIFYING LOSSES.—Assistance under this sec22 tion shall be made available to producers on farms, other 

23 than producers of sugar cane and sugar beets, that incurred 

24 qualifying quantity or quality losses for— 
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1 (1) the 2005 crop due to damaging weather or 

2 any related condition (including losses due to crop 

3 diseases, insects, and delayed harvest), as determined 

4 by the Secretary; and 

5 (2) the 2006 crop due to flooding in California 

6 and Hawaii that occurred prior to the date of enact7 ment of this Act and for which a petition for a dis8 aster designation has been filed with the Secretary 

9 not later than that date. 

10 (d) QUALITY LOSSES.— 

11 (1) IN GENERAL.—Subject to paragraph (3), the 

12 amount of a payment made to producers on a farm 

13 for a quality loss for a crop under subsection (c)(2) 

14 shall be equal to the amount obtained by multi15 plying— 

16 (A) 65 percent of the payment quantity de17 termined under paragraph (2); by 

18 (B) 50 percent of the payment rate deter19 mined under paragraph (3). 

20 (2) PAYMENT QUANTITY.—For the purpose of 

21 paragraph (1)(A), the payment quantity for quality 

22 losses for a crop of a commodity on a farm shall 

23 equal the lesser of— 
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1 (A) the actual production of the crop af2 fected by a quality loss of the commodity on the 

3 farm; or 

4 (B) the quantity of expected production of 

5 the crop affected by a quality loss of the com6 modity on the farm, using the formula used by 

7 the Secretary to determine quantity losses for the 

8 crop of the commodity under subsection (c)(1). 

9 (3) PAYMENT RATE.—For the purpose of para10 graph (1)(B) and in accordance with paragraphs (5) 

11 and (6), the payment rate for quality losses for a crop 

12 of a commodity on a farm shall be equal to the dif13 ference between— 

14 (A) the per unit market value that the units 

15 of the crop affected by the quality loss would 

16 have had if the crop had not suffered a quality 

17 loss; and 

18 (B) the per unit market value of the units 

19 of the crop affected by the quality loss. 

20 (4) ELIGIBILITY.—For producers on a farm to be 

21 eligible to obtain a payment for a quality loss for a 

22 crop under subsection (c)(2), the amount obtained by 

23 multiplying the per unit loss determined under para24 graph (1) by the number of units affected by the qual25 ity loss shall be at least 25 percent of the value that 
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1 all affected production of the crop would have had if 

2 the crop had not suffered a quality loss. 

3 (5) MARKETING CONTRACTS.—In the case of any 

4 production of a commodity that is sold pursuant to 

5 1 or more marketing contracts (regardless of whether 

6 the contract is entered into by the producers on the 

7 farm before or after harvest) and for which appro8 priate documentation exists, the quantity designated 

9 in the contracts shall be eligible for quality loss assist10 ance based on the 1 or more prices specified in the 

11 contracts. 

12 (6) OTHER PRODUCTION.—For any additional 

13 production of a commodity for which a marketing 

14 contract does not exist or for which production con15 tinues to be owned by the producer, quality losses 

16 shall be based on the average local market discounts 

17 for reduced quality, as determined by the appropriate 

18 State committee of the Farm Service Agency. 

19 (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 

20 The appropriate State committee of the Farm Service 

21 Agency shall identify the appropriate quality adjust22 ment and discount factors to be considered in car23 rying out this subsection, including— 

24 (A) the average local discounts actually ap25 plied to a crop; and 
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1 (B) the discount schedules applied to loans 

2 made by the Farm Service Agency or crop insur3 ance coverage under the Federal Crop Insurance 

4 Act (7 U.S.C. 1501 et seq.). 

5 (8) ELIGIBLE PRODUCTION.—The Secretary shall 

6 carry out this subsection in a fair and equitable man7 ner for all eligible production, including the produc8 tion of fruits and vegetables, other specialty crops, 

9 and field crops. 

10 (e) ELIGIBILITY FOR ASSISTANCE.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the producers on a farm shall not be eligi13 ble for assistance under this section with respect to 

14 losses to an insurable commodity or noninsurable 

15 commodity if the producers on the farm— 

16 (A) in the case of an insurable commodity, 

17 did not obtain a policy or plan of insurance for 

18 the insurable commodity under the Federal Crop 

19 Insurance Act (7 U.S.C. 1501 et seq.) for the 

20 crop incurring the losses; 

21 (B) in the case of a noninsurable com22 modity, did not file the required paperwork, and 

23 pay the administrative fee by the applicable 

24 State filing deadline, for the noninsurable com25 modity under section 196 of the Federal Agri-
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1 culture Improvement and Reform Act of 1996 (7 

2 U.S.C. 7333) for the crop incurring the losses; 

3 (C) had average adjusted gross income (as 

4 defined by section 1001D(a) of the Food Security 

5 Act of 1985 (7 U.S.C. 1308–3a(a)), of greater 

6 than $2,500,000 in 2004; or 

7 (D) were not in compliance with highly 

8 erodible land conservation and wetland conserva9 tion provisions. 

10 (2) CONTRACT WAIVER.—The Secretary may 

11 waive paragraph (1) with respect to the producers on 

12 a farm if the producers enter into a contract with the 

13 Secretary under which the producers agree— 

14 (A) in the case of an insurable commodity, 

15 to obtain a policy or plan of insurance under the 

16 Federal Crop Insurance Act (7 U.S.C. 1501 et 

17 seq.) providing additional coverage for the insur18 able commodity for each of the next 2 crops, at 

19 a coverage level that provides— 

20 (i) not less than 65 percent of the ac21 tual production history for the crop pro22 duced on the farm; and 

23 (ii) 100 percent of the expected market 

24 price or a comparable coverage (as deter-
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1 mined by the Federal Crop Insurance Cor2 poration); and 

3 (B) in the case of a noninsurable com4 modity, to file the required paperwork and pay 

5 the administrative fee by the applicable State fil6 ing deadline, for the noninsurable commodity for 

7 each of the next 2 crops under section 196 of the 

8 Federal Agriculture Improvement and Reform 

9 Act of 1996 (7 U.S.C. 7333). 

10 (3) EFFECT OF VIOLATION.—In the event of the 

11 violation of a contract under paragraph (2) by a pro12 ducer, the producer shall reimburse the Secretary for 

13 the full amount of the assistance provided to the pro14 ducer under this section. 

15 (f) TIMING.— 

16 (1) IN GENERAL.—Subject to paragraph (2), the 

17 Secretary shall make payments to producers on a 

18 farm for a crop under this section not later than 60 

19 days after the date the producers on the farm submit 

20 to the Secretary a completed application for the pay21 ments. 

22 (2) INTEREST.—If the Secretary does not make 

23 payments to the producers on a farm by the date de24 scribed in paragraph (1), the Secretary shall pay to 

25 the producers on a farm interest on the payments at 
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1 a rate equal to the current (as of the sign-up deadline 

2 established by the Secretary) market yield on out3 standing, marketable obligations of the United States 

4 with maturities of 30 years. 

5 SEC. 3012. LIVESTOCK ASSISTANCE. 

6 (a) LIVESTOCK COMPENSATION PROGRAM.— 

7 (1) USE OF COMMODITY CREDIT CORPORATION

8 FUNDS.—Effective beginning on the date of enactment 

9 of this Act, the Secretary shall use funds of the Com10 modity Credit Corporation to carry out the 2002 

11 Livestock Compensation Program announced by the 

12 Secretary on October 10, 2002 (67 Fed. Reg. 63070), 

13 to provide compensation for livestock losses during 

14 calendar years 2005 and 2006 for losses that occurred 

15 prior to the date of enactment of this Act (including 

16 wildfire disaster losses in the State of Texas and other 

17 States) due to a disaster, as determined by the Sec18 retary, except that the payment rate shall be 75 per19 cent of the payment rate established for the 2002 

20 Livestock Compensation Program. 

21 (2) ELIGIBLE APPLICANTS.—In carrying out the 

22 program described in paragraph (1), the Secretary 

23 shall provide assistance to any applicant that— 

24 (A)(i) conducts a livestock operation that is 

25 located in a disaster county, including any ap-
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1 plicant conducting a livestock operation with eli2 gible livestock (within the meaning of the live3 stock assistance program under section 101(b) of 

4 division B of Public Law 108–324 (118 Stat. 

5 1234)); or 

6 (ii) produces an animal described in section 

7 10806(a)(1) of the Farm Security and Rural In8 vestment Act of 2002 (21 U.S.C. 321d(a)(1)); 

9 and 

10 (B) meets all other eligibility requirements 

11 established by the Secretary for the program. 

12 (3) MITIGATION.—In determining the eligibility 

13 for or amount of payments for which a producer is 

14 eligible under the livestock compensation program, the 

15 Secretary shall not penalize a producer that takes ac16 tions (recognizing disaster conditions) that reduce the 

17 average number of livestock the producer owned for 

18 grazing during the production year for which assist19 ance is being provided. 

20 (4) LIMITATION.—The Secretary shall ensure, to 

21 the maximum extent practicable, that no producer on 

22 a farm receives duplicative payments under this sub23 section and another Federal program with respect to 

24 any loss. 

25 (b) LIVESTOCK INDEMNITY PAYMENTS.— 
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1 (1) IN GENERAL.—The Secretary shall use such 

2 sums as are necessary of funds of the Commodity 

3 Credit Corporation to make livestock indemnity pay4 ments to producers on farms that have incurred live5 stock losses during calendar years 2005 and 2006 for 

6 losses that occurred prior to the date of enactment of 

7 this Act (including wildfire disaster losses in the 

8 State of Texas and other States) due to a disaster, as 

9 determined by the Secretary, including losses due to 

10 hurricanes, floods, anthrax, and wildfires. 

11 (2) PAYMENT RATES.—Indemnity payments to a 

12 producer on a farm under paragraph (1) shall be 

13 made at a rate of not less than 30 percent of the mar14 ket value of the applicable livestock on the day before 

15 the date of death of the livestock, as determined by the 

16 Secretary. 

17 (c) LIVESTOCK INDEMNITY PROGRAM FOR CONTRACT

18 GROWERS.— 

19 (1) IN GENERAL.—Subject to subsection (d), the 

20 Secretary shall use funds of the Commodity Credit 

21 Corporation to establish a program to assist poultry 

22 producers in hurricane-affected counties that suffered 

23 income losses. 

24 (2) TERMS AND CONDITIONS.—The program es25 tablished under paragraph (1) shall contain similar 
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1 terms and conditions as the terms and conditions 

2 used for the livestock indemnity program for contract 

3 growers described in subpart E of chapter XIV of title 

4 7, Code of Federal Regulations (as in effect on Janu5 ary 1, 2002). 

6 (d) EWE LAMB REPLACEMENT AND RETENTION.— 

7 (1) IN GENERAL.—The Secretary shall use 

8 $15,000,000 of funds of the Commodity Credit Cor9 poration to make payments under the Ewe Lamb Re10 placement and Retention Payment Program under 

11 part 784 of title 7, Code of Federal Regulations (or 

12 a successor regulation) for each qualifying ewe lamb 

13 retained or purchased during the period beginning on 

14 January 1, 2006, and ending on December 31, 2006. 

15 (2) INELIGIBILITY FOR OTHER ASSISTANCE.—A 

16 producer that receives assistance under this subsection 

17 shall not be eligible to receive assistance under sub18 section (a). 

19 (e) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec20 retary shall ensure, to the maximum extent practicable, that 

21 no producer on a farm receives duplicative payments under 

22 this section and any other Federal program for the same 

23 loss. 
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1 SEC. 3013. FLOODED CROP AND GRAZING LAND. 

2 (a) IN GENERAL.—The Secretary shall compensate eli3 gible owners of flooded crop and grazing land in— 

4 (1) the Devils Lake basin; and 

5 (2) the McHugh, Lake Laretta, and Rose Lake 

6 closed drainage areas of the State of North Dakota. 

7 (b) ELIGIBILITY.— 

8 (1) IN GENERAL.—To be eligible to receive com9 pensation under this section, an owner shall own land 

10 described in subsection (a) that, during the 2 crop 

11 years preceding receipt of compensation, was rendered 

12 incapable of use for the production of an agricultural 

13 commodity or for grazing purposes (in a manner con14 sistent with the historical use of the land) as the re15 sult of flooding, as determined by the Secretary. 

16 (2) INCLUSIONS.—Land described in paragraph 

17 (1) shall include— 

18 (A) land that has been flooded; 

19 (B) land that has been rendered inaccessible 

20 due to flooding; and 

21 (C) a reasonable buffer strip adjoining the 

22 flooded land, as determined by the Secretary. 

23 (3) ADMINISTRATION.—The Secretary may estab24 lish— 
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1 (A) reasonable minimum acreage levels for 

2 individual parcels of land for which owners may 

3 receive compensation under this section; and 

4 (B) the location and area of adjoining 

5 flooded land for which owners may receive com6 pensation under this section. 

7 (c) SIGN-UP.—The Secretary shall establish a sign-up 

8 program for eligible owners to apply for compensation from 

9 the Secretary under this section. 

10 (d) COMPENSATION PAYMENTS.— 

11 (1) IN GENERAL.—Subject to paragraphs (2) and 

12 (3), the rate of an annual compensation payment 

13 under this section shall be equal to 90 percent of the 

14 average annual per acre rental payment rate (at the 

15 time of entry into the contract) for comparable crop 

16 or grazing land that has not been flooded and re17 mains in production in the county where the flooded 

18 land is located, as determined by the Secretary. 

19 (2) REDUCTION.—An annual compensation pay20 ment under this section shall be reduced by the 

21 amount of any conservation program rental payments 

22 or Federal agricultural commodity program pay23 ments received by the owner for the land during any 

24 crop year for which compensation is received under 

25 this section. 
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1 (3) EXCLUSION.—During any year in which an 

2 owner receives compensation for flooded land under 

3 this section, the owner shall not be eligible to partici4 pate in or receive benefits for the flooded land 

5 under— 

6 (A) the Federal crop insurance program es7 tablished under the Federal Crop Insurance Act 

8 (7 U.S.C. 1501 et seq.); 

9 (B) the noninsured crop assistance program 

10 established under section 196 of the Federal Ag11 riculture Improvement and Reform Act of 1996 

12 (7 U.S.C. 7333); or 

13 (C) any Federal agricultural crop disaster 

14 assistance program. 

15 (e) RELATIONSHIP TO AGRICULTURAL COMMODITY

16 PROGRAMS.—The Secretary, by regulation, shall provide 

17 for the preservation of cropland base, allotment history, and 

18 payment yields applicable to land described in subsection 

19 (a) that was rendered incapable of use for the production 

20 of an agricultural commodity or for grazing purposes as 

21 the result of flooding. 

22 (f) USE OF LAND.— 

23 (1) IN GENERAL.—An owner that receives com24 pensation under this section for flooded land shall 

25 take such actions as are necessary to not degrade any 
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1 wildlife habitat on the land that has naturally devel2 oped as a result of the flooding. 

3 (2) RECREATIONAL ACTIVITIES.—To encourage 

4 owners that receive compensation for flooded land to 

5 allow public access to and use of the land for rec6 reational activities, as determined by the Secretary, 

7 the Secretary may— 

8 (A) offer an eligible owner additional com9 pensation; and 

10 (B) provide compensation for additional 

11 acreage under this section. 

12 (g) FUNDING.— 

13 (1) IN GENERAL.—The Secretary shall use 

14 $6,000,000 of funds of the Commodity Credit Cor15 poration to carry out this section. 

16 (2) PRO-RATED PAYMENTS.—In a case in which 

17 the amount made available under paragraph (1) for 

18 a fiscal year is insufficient to compensate all eligible 

19 owners under this section, the Secretary shall pro-rate 

20 payments for that fiscal year on a per acre basis. 

21 SEC. 3014. SUGARCANE AND SUGAR BEET DISASTER ASSIST22 ANCE. 

23 (a) FLORIDA.—The Secretary of Agriculture shall use 

24 $120,000,000 of funds of the Commodity Credit Corporation 

25 to make payments to processors in Florida that are eligible 
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1 to obtain a loan under section 156(a) of the Federal Agri2 culture Improvement and Reform Act of 1996 (7 U.S.C. 

3 7272(a)) to compensate first processors and producers for 

4 crop and other losses in hurricane-affected counties that are 

5 related to hurricanes, tropical storms, excessive rains, 

6 floods, and wind in Florida during calendar year 2005, by 

7 an agreement on the same terms and conditions, to the max8 imum extent practicable, as the payments made under sec9 tion 102 of the Emergency Supplemental Appropriations 

10 for Hurricane Disasters Assistance Act of 2005 (Public Law 

11 108–324; 118 Stat. 1235), including that the 2005 base pro12 duction of each harvesting unit shall be determined using 

13 the same base year crop production history that was used 

14 pursuant to the agreement under that section. 

15 (b) LOUISIANA.— 

16 (1) COMPENSATION FOR LOSSES.—The Secretary 

17 shall use the funds, facilities, and authorities of the 

18 Commodity Credit Corporation to make $120,000,000 

19 in payments to first processors of sugarcane that op20 erate in a disaster county in Louisiana, or obtain 

21 sugarcane from a disaster county in Louisiana, and 

22 that are eligible to obtain a loan under section 156(a) 

23 of the Federal Agriculture Improvement and Reform 

24 Act of 1996 (7 U.S.C. 7272(a)), to compensate the 

25 producers and first processors for crop and other 
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1 losses due to Hurricane Katrina, Hurricane Rita, or 

2 related conditions. 

3 (2) ADMINISTRATION.—Assistance under this 

4 subsection shall be— 

5 (A) shared by an affected first processor 

6 with affected producers that provide commodities 

7 to the processor in a manner that reflects con8 tracts entered into between the processor and the 

9 producers, except with respect to a portion of the 

10 amount of total assistance described under para11 graph (1) necessary to compensate affected pro12 ducers for individual losses experienced by the 

13 producers, including losses due to saltwater in14 trusion, flooding, wind damage, or increased 

15 planting, replanting, or harvesting costs, which 

16 shall be transferred by the first processor to the 

17 affected producers without regard to contractual 

18 share arrangements; and 

19 (B) made available under such terms and 

20 conditions as the Secretary determines are nec21 essary to carry out this subsection. 

22 (3) LOSS DETERMINATION.—In carrying out this 

23 subsection, the Secretary shall use the same base year 

24 to determine crop loss that was elected by a producer 

25 to determine crop loss in carrying out the hurricane 
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1 assistance program under section 207 of the Agricul2 tural Assistance Act of 2003 (Public Law 108–7; 117 

3 Stat. 543). 

4 (c) FUNDING.—The Secretary shall use $40,000,000 of 

5 funds of the Commodity Credit Corporation to provide as6 sistance to sugar beet producers that suffered production 

7 losses (including quality losses) for the 2005 crop year. 

8 (d) REQUIREMENT.—The Secretary shall make pay9 ments under subsection (c) in the same manner as pay10 ments were made under section 208 of the Agricultural As11 sistance Act of 2003 (Public Law 108–7; 117 Stat. 544), 

12 including using the same indemnity benefits as were used 

13 in carrying out that section. 

14 (e) TEXAS.—The Secretary shall use $400,000 of funds 

15 of the Commodity Credit Corporation to assist sugarcane 

16 growers in Texas by making a payment in that amount 

17 to the Rio Grande Valley Sugar Growers, a farmer-owned 

18 cooperative sugarcane processor in that State, for addi19 tional demurrage costs at the Port of Baton Rouge and ad20 ditional storage and transportation costs of raw sugar re21 sulting from hurricanes during calendar year 2005, exces22 sive rains, floods, wind, and other related conditions. 

23 (f) HAWAII.—The Secretary shall use $6,000,000 of 

24 funds of the Commodity Credit Corporation to assist sugar25 cane growers in Hawaii by making a payment in that 
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1 amount to an agricultural transportation cooperative in 

2 Hawaii, the members of which are eligible to receive mar3 keting assistance loans and loan deficiency payments made 

4 available under subtitle B of title I of the Farm Security 

5 and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.). 

6 (g) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec7 retary shall ensure, to the maximum extent practicable, that 

8 no producer on a farm receives duplicative payments under 

9 this section and any other Federal program for the same 

10 loss. 

11 SEC. 3015. SPECIALTY CROPS AND NURSERY CROPS. 

12 (a) IN GENERAL.—The Secretary shall use funds of the 

13 Commodity Credit Corporation to provide assistance to 

14 producers of specialty crops and nursery crops in hurri15 cane-affected counties. 

16 (b) ADMINISTRATION.— 

17 (1) IN GENERAL.—Assistance required by sub18 section (a) shall be carried out by the Secretary under 

19 the same terms and conditions as the special disaster 

20 relief programs carried out for producers that suffered 

21 from crop damage and tree losses, and carried out re22 lated cleanup, in certain areas of Florida due to Hur23 ricanes Charley, Frances, and Jeanne during August 

24 and September 2004, as described in the notice of pro25 gram implementation relating to Florida citrus, fruit, 
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1 vegetable, and nursery crop disaster programs (69 

2 Fed. Reg. 63134 (October 29, 2004)). 

3 (2) LOSS OF RECORDS.—Due to the complete de4 struction of the business records of many producers, 

5 the Secretary shall use the best available information 

6 in determining eligibility, determining losses, and 

7 calculating payment amounts under this section. 

8 (c) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec9 retary shall ensure, to the maximum extent practicable, that 

10 no producer on a farm receives duplicative payments under 

11 this section and any other Federal program for the same 

12 loss. 

13 SEC. 3016. DAIRY ASSISTANCE. 

14 The Secretary shall use $25,000,000 of the funds of the 

15 Commodity Credit Corporation to make payments to dairy 

16 producers for dairy production losses and dairy spoilage 

17 losses in hurricane-affected counties. 

18 SEC. 3017. COTTONSEED. 

19 (a) DISTRIBUTION OF FUNDS.—The Secretary shall 

20 provide disaster assistance under subsection (c) under the 

21 same terms and conditions as assistance provided under 

22 section 206 of the Agricultural Assistance Act of 2003 (Pub23 lic Law 108–7; 117 Stat. 543), except that assistance shall 

24 be— 
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1 (1) distributed to producers and first handlers of 

2 cottonseed; and 

3 (2) based on cottonseed production during the 

4 most recent year for which a disaster payment spe5 cifically for cottonseed was not authorized. 

6 (b) COTTONSEED ASSISTANCE.—The Secretary shall 

7 use $15,000,000 of the funds of the Commodity Credit Cor8 poration to provide assistance to producers and first-han9 dlers of the 2005 crop of cottonseed in hurricane-affected 

10 counties. 

11 SEC. 3018. REDUCTION IN PAYMENTS. 

12 The amount of any payment for which a producer is 

13 eligible under this subtitle shall be reduced by any amount 

14 received by the producer for the same loss or any similar 

15 loss under— 

16 (1) the Department of Defense, Emergency Sup17 plemental Appropriations to Address Hurricanes in 

18 the Gulf of Mexico, and Pandemic Influenza Act, 

19 2006 (Public Law 109–148; 119 Stat. 2680); or 

20 (2) an agricultural disaster assistance provision 

21 contained in the announcement of the Secretary on 

22 January 26, 2006. 
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1 Subtitle B—Supplemental Nutrition 

2 and Agricultural Economic Dis3 aster Assistance 

4 SEC. 3021. REPLENISHMENT OF SECTION 32. 

5 (a) DEFINITION OF SPECIALTY CROP.—In this section: 

6 (1) IN GENERAL.—The term ‘‘specialty crop’’ 

7 means any agricultural crop. 

8 (2) EXCEPTION.—The term ‘‘specialty crop’’ does 

9 not include— 

10 (A) wheat; 

11 (B) feed grains; 

12 (C) oilseeds; 

13 (D) cotton; 

14 (E) rice; or 

15 (F) peanuts. 

16 (b) BASE STATE GRANTS.— 

17 (1) IN GENERAL.—The Secretary shall use 

18 $25,500,000 of funds of the Commodity Credit Cor19 poration to make grants to the several States, the Dis20 trict of Columbia, and the Commonwealth of Puerto 

21 Rico to be used to support activities that promote ag22 riculture. 

23 (2) AMOUNTS.—The amount of the grants shall 

24 be— 
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1 (A) $500,000 to each of the several States; 

2 and 

3 (B) $250,000 to each of the Commonwealth 

4 of Puerto Rico and the District of Columbia. 

5 (c) GRANTS FOR VALUE OF PRODUCTION.—The Sec6 retary shall use $74,500,000 of funds of the Commodity 

7 Credit Corporation to make a grant to each of the several 

8 States in an amount equal to the product obtained by mul9 tiplying— 

10 (1) the share of the State of the total value of 

11 specialty crop, livestock, and dairy production of the 

12 United States for the 2004 crop year, as determined 

13 by the Secretary; by 

14 (2) $74,500,000. 

15 (d) SPECIAL CROP AND LIVESTOCK PRIORITY.—As a 

16 condition on the receipt of a grant under this section, a 

17 State shall agree to give priority to the support of specialty 

18 crops and livestock in the use of the grant funds. 

19 (e) USE OF FUNDS.—A State may use funds from a 

20 grant awarded under this section— 

21 (1) to supplement State food bank programs or 

22 other nutrition assistance programs; 

23 (2) to promote the purchase, sale, or consump24 tion of agricultural products; 
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1 (3) to provide economic assistance to agricul2 tural producers, giving a priority to the support of 

3 specialty crops and livestock; or 

4 (4) for other purposes as determined by the Sec5 retary. 

6 SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS. 

7 The Secretary shall make a supplemental economic loss 

8 payment to any producer on a farm that received a direct 

9 payment for crop year 2005 under title I of the Farm Secu10 rity and Rural Investment Act of 2002 (7 U.S.C. 7901 et 

11 seq.) at a rate equal to the product obtained by multi12 plying— 

13 (1) 30 percent of the direct payment rate in ef14 fect for the program crop of the farmer; 

15 (2) 85 percent of the program crop base of the 

16 farmer; and 

17 (3) the program payment yield for each program 

18 crop of the farmer. 

19 SEC. 3023. REDUCTION IN PAYMENTS. 

20 The amount of any payment for which a producer is 

21 eligible under this subtitle shall be reduced by any amount 

22 received by the producer for the same loss or any similar 

23 loss under— 

24 (1) the Department of Defense, Emergency Sup25 plemental Appropriations to Address Hurricanes in 
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1 the Gulf of Mexico, and Pandemic Influenza Act, 

2 2006 (Public Law 109–148; 119 Stat. 2680); or 

3 (2) an agricultural disaster assistance provision 

4 contained in the announcement of the Secretary on 

5 January 26, 2006. 

6 Subtitle C—Forestry 

7 SEC. 3031. TREE ASSISTANCE PROGRAM. 

8 (a) DEFINITION OF TREE.—In this section, the term 

9 ‘‘tree’’ includes a tree (including a Christmas tree, orna10 mental tree, nursery tree, and potted tree), bush (including 

11 a shrub), and vine. 

12 (b) PROGRAM.—Except as otherwise provided in this 

13 section, the Secretary shall use such sums as are necessary 

14 of the funds of the Commodity Credit Corporation to pro15 vide assistance under the tree assistance program estab16 lished under sections 10201 through 10203 of the Farm Se17 curity and Rural Investment Act of 2002 (7 U.S.C. 8201 

18 et seq.) to— 

19 (1) producers who suffered tree losses in hurri20 cane-affected counties; and 

21 (2) fruit and tree nut producers in hurricane-af22 fected counties for site preparation, replacement, re23 habilitation, and pruning. 

24 (c) COSTS.—Funds made available under this section 

25 shall also be made available to cover costs associated with 
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1 tree pruning, tree rehabilitation, and other appropriate 

2 tree-related activities as determined by the Secretary. 

3 (d) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec4 retary shall ensure, to the maximum extent practicable, that 

5 no producer on a farm receives duplicative payments under 

6 this section and any other Federal program for the same 

7 loss. 

8 Subtitle D—Conservation 

9 SEC. 3041. NATURAL RESOURCES CONSERVATION SERVICE. 

10 (a) AUTHORITY TO CLEAR DEBRIS AND ANIMAL CAR11 CASSES.—Notwithstanding any other provision of law, the 

12 Secretary, acting through the Natural Resources Conserva13 tion Service, using funds made available for the emergency 

14 watershed protection program established under section 403 

15 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203), 

16 may provide financial and technical assistance to remove 

17 and dispose of debris and animal carcasses that could ad18 versely affect health and safety on non-Federal land in a 

19 hurricane-affected county. 

20 (b) AUTHORITY TO USE CERTAIN PRACTICES.—Not21 withstanding any other provision of law, the Secretary, act22 ing through the Natural Resources Conservation Service, 

23 may use direct check-writing practices and electronic trans24 fers to provide financial and technical assistance under the 

25 emergency watershed protection program established under 
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1 section 403 of the Agricultural Credit Act of 1978 (16 

2 U.S.C. 2203) in a hurricane-affected county. 

3 SEC. 3042. EMERGENCY WATERSHED PROTECTION PRO4 GRAM. 

5 The Secretary shall use an additional $108,500,000 of 

6 funds of the Commodity Credit Corporation to carry out 

7 emergency measures identified by the Chief of the Natural 

8 Resources Conservation Service as of the date of enactment 

9 of this Act through the emergency watershed protection pro10 gram established under section 403 of the Agricultural 

11 Credit Act of 1978 (16 U.S.C. 2203). 

12 SEC. 3043. EMERGENCY CONSERVATION PROGRAM. 

13 The Secretary shall use an additional $17,000,000 of 

14 funds of the Commodity Credit Corporation to carry out 

15 emergency measures identified by the Administrator of the 

16 Farm Service Agency as of the date of enactment of this 

17 Act through the emergency conservation program estab18 lished under title IV of the Agricultural Credit Act of 1978 

19 (16 U.S.C. 2201 et seq.). 

20 Subtitle E—Farm Service Agency 

21 SEC. 3051. FUNDING FOR ADDITIONAL PERSONNEL. 

22 The Secretary shall use $23,000,000 of funds of the 

23 Commodity Credit Corporation to hire additional County 

24 Farm Service Agency personnel— 
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1 (1) to expedite the implementation of, and deliv2 ery under, the agricultural disaster and economic as3 sistance programs under this title; and 

4 (2) as the Secretary determines to be necessary 

5 to carry out other agriculture and disaster assistance 

6 programs. 

7 Subtitle F—Miscellaneous 

8 SEC. 3061. AUTHORITY TO PROVIDE IMMUNIZATIONS. 

9 Notwithstanding any other provision of law, the Sec10 retary of Defense may provide immunizations to employees 

11 of the Department of Agriculture involved in direct recovery 

12 work in a hurricane-affected county. 

13 SEC. 3062. WAIVER OF CERTAIN PROVISIONS. 

14 Notwithstanding any other provision of law, the Sec15 retary may provide assistance in a hurricane-affected coun16 ty under the emergency conservation program established 

17 under title IV of the Agricultural Credit Act of 1978 (16 

18 U.S.C. 2201 et seq.) without regard to subtitle C of title 

19 XII of the Food Security Act of 1985 (16 U.S.C. 3821 et 

20 seq.). 

21 SEC. 3063. FUNDING. 

22 The Secretary shall use the funds, facilities, and au23 thorities of the Commodity Credit Corporation to carry out 

24 this title, to remain available until expended. 
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1 SEC. 3064. REGULATIONS. 

2 (a) IN GENERAL.—The Secretary may promulgate 

3 such regulations as are necessary to implement this title. 

4 (b) PROCEDURE.—The promulgation of the regulations 

5 and administration of this title shall be made without re6 gard to— 

7 (1) the notice and comment provisions of section 

8 553 of title 5, United States Code; 

9 (2) the Statement of Policy of the Secretary of 

10 Agriculture effective July 24, 1971 (36 Fed. Reg. 

11 13804), relating to notices of proposed rulemaking 

12 and public participation in rulemaking; and 

13 (3) chapter 35 of title 44, United States Code 

14 (commonly known as the ‘‘Paperwork Reduction 

15 Act’’). 

16 (c) CONGRESSIONAL REVIEW OF AGENCY RULE17 MAKING.—In carrying out this section, the Secretary shall 

18 use the authority provided under section 808 of title 5, 

19 United States Code. 

20 Subtitle G—Emergency Designation 

21 SEC. 3071. EMERGENCY DESIGNATION. 

22 The amounts provided under this title are designated 

23 as an emergency requirement pursuant to section 402 of 

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

25 on the budget for fiscal year 2006. 
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1 TITLE IV 

2 DROUGHT EMERGENCY ASSISTANCE 

3 SEC. 4001. CORPS OF ENGINEERS. 

4 In addition to any other funds made available by this 

5 Act, there is appropriated for ‘‘Department of Defense-Civil, 

6 Department of the Army, Corps of Engineer-Civil, Flood 

7 Control and Coastal Emergencies’’, as authorized by section 

8 5 of the Act of August 18, 1941 (33 U.S.C. 701n), 

9 $5,000,000, to remain available until expended, to be used 

10 by the Secretary of the Army, acting through the Chief of 

11 Engineers, for emergency drought assistance. 

12 SEC. 4002. BUREAU OF RECLAMATION. 

13 In addition to any other funds made available by this 

14 Act, there is appropriated for ‘‘Department of the Interior, 

15 Bureau of Reclamation, Water and Related Resources’’, 

16 $7,500,000, to remain available until expended, for drought 

17 emergency assistance. 

18 SEC. 4003. EMERGENCY DESIGNATION. 

19 The amounts provided under this title are designated 

20 as an emergency requirement pursuant to section 402 of 

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

22 on the budget for fiscal year 2006. 
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1 TITLE V 

2 PORT SECURITY ENHANCEMENTS 

3 CUSTOMS AND BORDER PROTECTION 

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $266,050,000, to remain available until expended. 

7 UNITED STATES COAST GUARD 

8 OPERATING EXPENSES

9 For an additional amount for ‘‘Operating Expenses’’, 

10 $23,000,000, to remain available until expended. 

11 OFFICE FOR DOMESTIC PREPAREDNESS 

12 STATE AND LOCAL PROGRAMS

13 For an additional amount for ‘‘State and Local Pro14 grams’’, $227,000,000: Provided, That the entire amount 

15 shall be for port security grants pursuant to the purposes 

16 of 46 United States Code 70107 (a) through (h), which shall 

17 be awarded based on risk and threat notwithstanding sub18 section (a), for eligible costs as defined in subsections 

19 (b)(2)–(4). 

20 SCIENCE AND TECHNOLOGY 

21 RESEARCH, DEVELOPMENT, ACQUISITION, AND

22 OPERATIONS

23 For an additional amount for ‘‘Research, Develop24 ment, Acquisition, and Operations’’ for the Domestic Nu25 clear Detection Office, $132,000,000, to remain available 
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1 until expended for the purchase and deployment of radi2 ation portal monitors for United States seaports. 

3 TITLE VI 

4 PANDEMIC FLU 

5 DEPARTMENT OF HEALTH AND HUMAN 

6 SERVICES 

7 OFFICE OF THE SECRETARY

8 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

9 For an additional amount for ‘‘Public Health and So10 cial Services Emergency Fund’’ to prepare for and respond 

11 to an influenza pandemic, including international activi12 ties and activities in foreign countries, preparedness plan13 ning, enhancing the pandemic influenza regulatory science 

14 base, accelerating pandemic influenza disease surveillance, 

15 developing registries to monitor influenza vaccine distribu16 tion and use, supporting pandemic influenza research, clin17 ical trials and clinical trials infrastructure, and the devel18 opment and purchase of vaccines, antivirals, and necessary 

19 medical supplies, $2,300,000,000, to remain available until 

20 expended: Provided, That $300,000,000 shall be for upgrad21 ing State and local capacity, $50,000,000 shall be for lab22 oratory capacity and research at the Centers for Disease 

23 Control and Prevention, and at least $200,000,000 shall be 

24 for the Centers for Disease Control and Prevention to carry 

25 out global and domestic disease surveillance, laboratory ca-
239 

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1 pacity and research, laboratory diagnostics, risk commu2 nication, rapid response and quarantine: Provided further, 

3 That products purchased with these funds may, at the dis4 cretion of the Secretary, be deposited in the Strategic Na5 tional Stockpile: Provided further, That notwithstanding 

6 section 496(b) of the Public Health Service Act, funds may 

7 be used for the construction or renovation of privately 

8 owned facilities for the production of pandemic influenza 

9 vaccines and other biologicals, where the Secretary finds 

10 such a contract necessary to secure sufficient supplies of 

11 such vaccines or biologicals: Provided further, That the Sec12 retary may negotiate a contract with a vendor under which 

13 a State may place an order with the vendor for antivirals; 

14 may reimburse a State for a portion of the price paid by 

15 the State pursuant to such an order; and may use amounts 

16 made available herein for such reimbursement: Provided 

17 further, That funds appropriated herein and not specifi18 cally designated under this heading may be transferred to 

19 other appropriation accounts of the Department of Health 

20 and Human Services, as determined by the Secretary to 

21 be appropriate, to be used for the purposes specified in this 

22 sentence: Provided further, That the amounts provided 

23 under this heading are designated as an emergency require24 ment pursuant to section 402 of H. Con. Res. 95 (109th 
240 

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1 Congress), the concurrent resolution on the budget for fiscal 

2 year 2006. 

3 TITLE VII 

4 GENERAL PROVISIONS AND TECHNICAL 

5 CORRECTIONS 

6 AVAILABILITY OF FUNDS

7 SEC. 7001. No part of any appropriation contained 

8 in this Act shall remain available for obligation beyond the 

9 current fiscal year unless expressly so provided herein. 

10 OFFICE OF JUSTICE PROGRAMS

11 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

12 ADMINISTRATIVE PROVISION

13 SEC. 7002. Of the amount made available by the De14 partment of Justice Appropriations Act, 2006 under the 

15 heading ‘‘Community Oriented Policing Services’’ (Public 

16 Law 109–108, 199 Stat. 2302), for Paul Coverdell Forensic 

17 Sciences Improvement Grants under part BB of title I of 

18 the Omnibus Crime Control and Safe Streets Act of 1968 

19 (42 U.S.C. 3797 et seq.), $1,500,000 shall be available to 

20 the Attorney General, without regard to such part BB, for 

21 the study on forensic science described in House Report 

22 109–272 to accompany Public Law 109–108. 
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1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

2 SCIENCE, AERONAUTICS AND EXPLORATION

3 ADMINISTRATIVE PROVISION

4 SEC. 7003. The referenced statement of the managers 

5 in House Report 109–272, Making Appropriations for 

6 Science, the Departments of State, Justice, and Commerce, 

7 and Related Agencies for the Fiscal Year Ending September 

8 30, 2006, and for other purposes, under this heading is 

9 deemed to be amended with respect to amounts made avail10 able under the heading ‘‘Science, Aeronautics and Explo11 ration’’ for the Mitchell Institute by striking ‘‘educational 

12 purposes’’ and inserting ‘‘the science and engineering edu13 cation endowment’’. 

14 SMALL BUSINESS ADMINISTRATION

15 ADMINISTRATIVE PROVISION

16 SEC. 7004. Section 613 of the Science, State, Justice, 

17 Commerce, and Related Agencies Appropriations Act, 2006 

18 (Public Law 109–108; 119 Stat. 2338) is amended by strik19 ing ‘‘Clark County Department of Aviation, Las Vegas,’’ 

20 and inserting ‘‘University of Nevada Las Vegas,’’. 

21 INTELLIGENCE ACTIVITIES

22 SEC. 7005. Funds appropriated in this Act, or made 

23 available by the transfer of funds in or pursuant to this 

24 Act, for intelligence activities are deemed to be specifically 

25 authorized by the Congress for purposes of section 504 of 

26 the National Security Act of 1947 (50 U.S.C. 414). 
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1 OFFICE OF ECONOMIC ADJUSTMENT—DEFENSE

2 SEC. 7006. Sec. 8044 of Public Law 109–148 (119 

3 Stat. 2708) is amended as follows: After ‘‘Defense,’’ and be4 fore ‘‘acting’’ insert, ‘‘notwithstanding any other provision 

5 of law,’’. 

6 INVESTIGATIONS, LOUISIANA HURRICANE STUDY COST

7 SHARING

8 SEC. 7007. The $12,000,000 provided in division B, 

9 chapter 3 of title I, Investigations, of Public Law 109–148 

10 (119 Stat. 2761) for the Louisiana hurricane protection 

11 study shall be at full Federal expense. 

12 MISSISSIPPI RIVERS AND TRIBUTARIES

13 SEC. 7008. Chapter 3, under division B of title I of 

14 Public Law 109–148 (119 Stat. 2762) under the heading 

15 ‘‘Flood Control, Mississippi River and Tributaries, Arkan16 sas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, 

17 and Tennessee’’ is modified by inserting the following before 

18 the period: ‘‘: Provided further, That the Corps is directed 

19 to expedite and accelerate completion of any study or any 

20 unconstructed portion of the Mississippi River and Tribu21 taries project for the flood and storm damage reduction 

22 projects in the south Louisiana area’’: Provided, That the 

23 amount provided under this heading is designated as an 

24 emergency requirement pursuant to section 402 of H. Con. 

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

26 budget for fiscal year 2006. 
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1 MISSISSIPPI RIVER-GULF OUTLET

2 SEC. 7009. Chapter 3, under division B of title I of 

3 Public Law 109–148 (119 Stat. 2762) under the heading 

4 ‘‘Operations and Maintenance’’ is modified by inserting the 

5 following before the last proviso: ‘‘: Provided further, That 

6 $75,000,000 of the funds provided herein shall be used for 

7 the repair, construction or provision of measures or struc8 tures necessary to protect, restore or increase wetlands, to 

9 prevent saltwater intrusion or storm surge’’: Provided, That 

10 the amount provided under this heading is designated as 

11 an emergency requirement pursuant to section 402 of H. 

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

13 the budget for fiscal year 2006. 

14 SHORE PROTECTION

15 SEC. 7010. Section 227 of Public Law 104–303 is 

16 modified as follows: 

17 (1) Section 5(a) is amended by striking ‘‘6’’, and 

18 inserting ‘‘7’’ in lieu thereof. 

19 (2) Section 5(e)(2) is amended by striking 

20 ‘‘$21,000,000’’, and inserting ‘‘$25,000,000’’ in lieu 

21 thereof. 

22 RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT

23 OF 1991

24 SEC. 7011. (a) Section 104(c) of the Reclamation 

25 States Emergency Drought Relief Act of 1991 (43 U.S.C. 
244 

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1 2214(c)) is amended by striking ‘‘September 30, 2005’’ and 

2 inserting ‘‘September 30, 2010’’ in lieu thereof. 

3 (b) Section 301 of the Reclamation States Emergency 

4 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 

5 by striking ‘‘fiscal years 1992, 1993, 1994, 1995, 1996, 

6 1999, 2000, 2001, 2002, 2003, and 2004’’ and inserting ‘‘the 

7 period of fiscal years 2006 through 2010’’ in lieu thereof. 

8 REPROGRAMMING OF FUNDS

9 SEC. 7012. None of the funds made available before, 

10 on, or after the date of enactment of this Act in an appro11 priations Act may be expended to prevent or limit any re12 programming of funds for a project to be carried out by 

13 the Corps of Engineers using funds appropriated in any 

14 Act making appropriations for energy and water develop15 ment, based on whether the project was included by the 

16 President in the budget transmitted under section 1105(a) 

17 of title 31, United States Code, or is otherwise proposed by 

18 the President or considered part of the budget by the Office 

19 of Management and Budget, if the project received funds 

20 in an Act making appropriations for energy and water de21 velopment or any other appropriations Act making addi22 tional funds available for energy and water development. 

23 BONNEVILLE POWER AUTHORITY

24 SEC. 7013. None of the funds made available under 

25 this or any other Act shall be used during fiscal year 2006 

26 or previous to April 1, 2007 to make, or plan or prepare 
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1 to make, any payment on bonds issued by the Adminis2 trator of the Bonneville Power Administration (referred in 

3 this section as the ‘‘Administrator’’) or for an appropriated 

4 Federal Columbia River Power System investment, if the 

5 payment is both— 

6 (1) greater, during any fiscal year, than the 

7 payments calculated in the rate hearing of the Ad8 ministrator to be made during that fiscal year using 

9 the repayment method used to establish the rates of 

10 the Administrator as in effect on February 6, 2006; 

11 and 

12 (2) based or conditioned on the actual or ex13 pected net secondary power sales receipts of the Ad14 ministrator. 

15 DEPARTMENT OF HOMELAND SECURITY

16 (INCLUDING RESCISSION OF FUNDS)

17 SEC. 7014. (a) RESCISSION.—Of the funds available 

18 for ‘‘Screening Coordination and Operations’’, $3,960,000 

19 are rescinded. 

20 (b) SUPPLEMENTAL APPROPRIATIONS.—For an addi21 tional amount for the ‘‘Office of the Secretary and Execu22 tive Management’’, $3,960,000. 

23 DEPARTMENT OF THE INTERIOR—U.S. GEOLOGICAL

24 SURVEY

25 SEC. 7015. For an additional amount for ‘‘Depart26 ment of the Interior, United States Geological Survey, Sur-
246 

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1 veys, Investigations, and Research’’, $500,000, to remain 

2 available until expended, for assistance with assessments of 

3 critical reservoirs and dams, including the monitoring of 

4 dam structures: Provided, That the amount provided under 

5 this heading is designated as an emergency requirement 

6 pursuant to section 402 of H. Con. Res. 95 (109th Con7 gress), the concurrent resolution on the budget for fiscal year 

8 2006. 

9 SURFACE MINING CONTROL AND RECLAMATION ACT

10 SEC. 7016. Section 402(b) of the Surface Mining Con11 trol and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is 

12 amended by striking ‘‘June 30, 2006’’ and inserting ‘‘Sep13 tember 30, 2007’’. 

14 DEPARTMENT OF LABOR—OFFICE OF JOB CORPS

15 SEC. 7017. Notwithstanding section 102 of the Depart16 ments of Labor, Health and Human Services, and Edu17 cation, and Related Agencies Appropriations Act, 2006 

18 (Public Law 109–149), none of the funds made available 

19 under this Act or under the Departments of Labor, Health 

20 and Human Services, and Education, and Related Agencies 

21 Appropriations Act, 2006, shall be expended for any activ22 ity that— 

23 (1) is related to carrying out Order 09–2006 of 

24 the Secretary of Labor; or 

25 (2) transfers the Office of Job Corps but does not 

26 establish the Office of Job Corps as a single office 
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1 within the Office of the Secretary that retains all 

2 staff, functions and authorities related to carrying out 

3 subtitle C of title I of the Workforce Investment Act 

4 of 1998 (29 U.S.C. 2881 et seq.). 

5 DEPARTMENT OF LABOR—MINE SAFETY

6 SEC. 7018. For an additional amount for ‘‘Depart7 ment of Labor, Mine Safety and Health Administration, 

8 Salaries and Expenses’’, $25,600,000 for the inspection of 

9 coal mines: Provided, That progress reports on hiring shall 

10 be submitted to the House and Senate Committees on Ap11 propriations on a quarterly basis, with the first report due 

12 June 15, 2006: Provided further, That the amounts pro13 vided under this heading shall remain available until Sep14 tember 30, 2007: Provided further, That the amount pro15 vided under this heading is designated as an emergency re16 quirement pursuant to section 402 of H. Con. Res. 95 

17 (109th Congress), the concurrent resolution on the budget 

18 for fiscal year 2006. 

19 CENTERS FOR DISEASE CONTROL—MINE SAFETY

20 SEC. 7019. For an additional amount for ‘‘Depart21 ment of Health and Human Services, Centers for Disease 

22 Control and Prevention, Disease Control, Research and 

23 Training’’, to carry out section 501 of the Federal Mine 

24 Safety and Health Act of 1977, $10,000,000 for research 

25 to develop mine safety technology including grants and con26 tracts: Provided, That progress reports on technology devel-
248 

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1 opment shall be submitted to the House and Senate Com2 mittees on Appropriations on a quarterly basis, with the 

3 first report due June 15, 2006: Provided further, That the 

4 amounts provided under this heading shall remain avail5 able until September 30, 2007: Provided further, That the 

6 amount provided under this heading is designated as an 

7 emergency requirement pursuant to section 402 of H. Con. 

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

9 budget for fiscal year 2006. 

10 RAILROAD RETIREMENT BOARD

11 SEC. 7020. Public Law 109–149 (119 Stat. 2876) 

12 under the heading ‘‘Railroad Retirement Board, Dual Ben13 efits Payments Account’’ is amended by striking ‘‘propor14 tional to the amount by which the product of recipients and 

15 the average benefit received exceeds $97,000,000’’ and in16 serting ‘‘to the amount by which the product of recipients 

17 and the average benefit received exceeds the amount avail18 able for payment of vested dual benefits’’ in lieu thereof. 

19 HEAD START REGULATIONS EFFECTIVE DATE

20 SEC. 7021. Section 224 of Public Law 109–149 (119 

21 Stat. 2862) is amended by striking ‘‘June’’ and inserting 

22 ‘‘December’’ in lieu thereof. 

23 MILITARY CONSTRUCTION

24 AUTHORIZATION

25 SEC. 7022. Section 2401 of the Military Construction 

26 Authorization Act for Fiscal Year 2006 (Public Law 109– 
249 

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1 163) is amended by striking after ‘‘Augusta’’, 

2 ‘‘$61,466,000’’ and inserting in lieu thereof 

3 ‘‘$340,854,000’’. This project may be incrementally funded. 

4 Funds appropriated in Public Law 109–114 for this project 

5 shall be available to fund the first increment. 

6 MILITARY CONSTRUCTION

7 AUTHORIZATION

8 SEC. 7023. Section 2401 of the Military Construction 

9 Authorization Act for Fiscal Year 2006 (Public Law 109– 

10 163) is amended by striking after ‘‘Kunia’’, ‘‘$305,000,000’’ 

11 and inserting in lieu thereof ‘‘$350,490,000’’. The project 

12 may be incrementally funded. Funds appropriated in Pub13 lic Laws 108–7, 108–87, and 109–114 for this project shall 

14 be available to fund the first increment. 

15 MILITARY CONSTRUCTION

16 AUTHORIZATION

17 SEC. 7024. Section 2846 of the Military Construction 

18 Authorization Act for Fiscal Year 2002 (division B of Pub19 lic Law 107–107; 115 Stat. 1320), as amended by section 

20 2865 of the Military Construction Authorization Act for 

21 Fiscal Year 2005 (division B of Public Law 108–375; 118 

22 Stat 2149) is further amended by striking ‘‘840 acres’’ and 

23 inserting ‘‘1,540 acres’’. 

24 DETAIL AUTHORITY FOR DOT

25 SEC. 7025. Section 171 of Public Law 109–115 (119 

26 Stat. 2426) is amended by inserting before the period at 
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1 the end of the following ‘‘: Provided, That the Department’s 

2 Office of Intelligence, Security, and Emergency Response 

3 may assess and enter into reimbursable agreements with the 

4 modal administrations for services necessary to carry out 

5 emergency preparedness or emergency response activities, as 

6 determined by the Secretary of Transportation: Provided 

7 further, That notwithstanding any other provision of law, 

8 the Secretary is authorized to detail modal administration 

9 employees to the Office of Intelligence, Security, and Emer10 gency Response without reimbursement and for fixed peri11 ods of time, as determined by the Secretary, only insofar 

12 as necessary to carry out emergency preparedness or emer13 gency response activities: Provided further, That the De14 partment shall transmit to the Committees on Appropria15 tions of the Senate and of the House of Representatives a 

16 quarterly report that provides information describing any 

17 reimbursable agreements or personnel details carried out in 

18 accordance with this section’’. 

19 EMERGENCY HIGHWAY FUNDS

20 SEC. 7026. Under the heading ‘‘Department of Trans21 portation, Federal Highway Administration, Emergency 

22 Relief Program’’ in Public Law 109–148 (119 Stat. 2778), 

23 strike ‘‘$629,000,000’’ and insert ‘‘$803,000,000’’. 

24 LIMITATION ON CERTAIN TRANSPORTATION ACTIONS

25 SEC. 7027. None of the funds made available by this 

26 or any other Act may be used to issue or implement a deci-
251 

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1 sion on the Notice of Proposed Rulemaking (70 Fed. Reg. 

2 67389) that proposes to change the Department’s long3 standing interpretation of ‘‘actual control’’ of an airline for 

4 purposes of section 40102(a)(15) of title 49, United States 

5 Code, issue any final rule, or make any fitness determina6 tion under section 41102 of that title that would change 

7 the Department of Transportation’s long-standing interpre8 tation concerning what constitutes ‘‘actual control’’ of an 

9 airline for purposes of section 40102(a)(15) of such title, 

10 or to submit a final rule to the Congress under chapter 8 

11 of title 5, United States Code, that would change that inter12 pretation. 

13 DOJ AND TREASURY FUNDING FOR INTELLIGENCE

14 ACTIVITIES

15 SEC. 7028. (a) Funds appropriated for intelligence ac16 tivities, or made available by the transfer of funds, by this 

17 Act, by Public Law 109–108 for the Department of Justice, 

18 or by Public Law 109–115 for the Department of the Treas19 ury, are deemed to be specifically authorized by the Con20 gress for purposes of section 504 of the National Security 

21 Act of 1947, as amended, (50 U.S.C. 414) during fiscal year 

22 2006 until the enactment of the Intelligence Authorization 

23 Act for Fiscal Year 2006. 

24 (b) Subsection (a) shall be effective: 
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1 (1) with respect to funds appropriated, or made 

2 available by the transfer of funds, by this Act, upon 

3 the enactment of this Act; 

4 (2) with respect to funds appropriated, or made 

5 available by the transfer of funds, by Public Law 

6 109–108 for the Department of Justice, as if enacted 

7 on the date of enactment of Public Law 109–108; and 

8 (3) with respect to funds appropriated, or made 

9 available by the transfer of funds, by Public Law 

10 109–115 for the Department of the Treasury, as if en11 acted on the date of enactment of Public Law 109– 

12 115. 

13 FUNDING FOR TREASURY TRAVEL

14 SEC. 7029. The first sentence under the heading ‘‘De15 partment of the Treasury, Departmental Offices, Salaries 

16 and Expenses’’ in title II of division A of Public Law 109– 

17 115 (119 Stat. 2432) is amended by inserting after ‘‘travel 

18 expenses’’ the words ‘‘(except for travel performed by offi19 cials in the Office of Terrorism and Financial Intelligence 

20 and the Office of International Affairs)’’. 

21 ECONOMIC DEVELOPMENT INITIATIVES CORRECTIONS

22 SEC. 7030. (a) The referenced statement of the man23 agers under the heading ‘‘Community Development Fund’’ 

24 in Public Law 108–199 is amended with respect to item 

25 number 380 by striking ‘‘for construction of a new facility’’ 

26 and inserting ‘‘to upgrade an existing facility’’. 
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1 (b) The referenced statement of the managers under the 

2 heading ‘‘Community Development Fund’’ in Public Law 

3 108–199 is amended with respect to item number 188 by 

4 striking ‘‘for the renovation of the historic Coca-Cola build5 ing’’ and inserting ‘‘for the construction or development of 

6 a driver’s license facility’’. 

7 (c) The referenced statement of the managers under the 

8 heading ‘‘Community Development Fund’’ in Public Law 

9 109–115 is amended with respect to item number 532 by 

10 striking ‘‘Mark Twain Neighborhood Association’’ and in11 serting ‘‘Mark Twain Community Alliance’’. 

12 GSA TRANSFER OF PROPERTY

13 SEC. 7031. Notwithstanding any other provision of 

14 law, the Administrator of General Services may convey, 

15 without consideration ownership and jurisdiction (custody, 

16 accountability and control) to the City of Crosby, North Da17 kota real property as described: Lots 9, 10, 11, 12, 13, and 

18 14, Eastlawn Addition to Crosby, Divide County, North 

19 Dakota. 

20 This Act may be cited as the ‘‘Emergency Supple21 mental Appropriations Act for Defense, the Global War on 

22 Terror, and Hurricane Recovery, 2006’’. 

Calendar No. 391 

109TH CONGRESS 

2D SESSION H. R. 4939 

[Report No. 109–230] 

AN ACT 

Making emergency supplemental appropriations for 

for other purposes. the fiscal year ending September 30, 2006, and 

MARCH 27, 2006 

Received; read twice and referred to the Committee on 

A

Appropriations 

PRIL 5, 2006 

Reported with an amendment