In the Senate of the United States,

May 4, 2006.

Resolved, That the bill from the House of Representatives (H.R. 4939) entitled ‘‘An Act making emergency supplemental appropriations for the fiscal year ending September

30, 2006, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2006, and for other pur4 poses, namely:
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1 TITLE I

2 GLOBAL WAR ON TERROR SUPPLEMENTAL

3 APPROPRIATIONS

4 CHAPTER 1

5 DEPARTMENT OF AGRICULTURE

6 FOREIGN AGRICULTURAL SERVICE

7 PUBLIC LAW 480 TITLE II GRANTS

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

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

10 recoverable, and unrecovered prior years’ costs, including

11 interest thereon, under the Agricultural Trade Development

12 and Assistance Act of 1954, for commodities supplied in

13 connection with dispositions abroad under title II of said

14 Act, $350,000,000, to remain available until expended: Pro15 vided, That from this amount, to the maximum extent pos16 sible, funding shall be used to support the previously ap17 proved fiscal year 2006 programs under section 204(a)(2)

18 of the Agricultural Trade Development and Assistance Act

19 of 1954: Provided further, 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 CHAPTER 2

2 DEPARTMENT OF JUSTICE

3 LEGAL ACTIVITIES

4 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $3,000,000, to remain available until September

7 30, 2007: Provided, 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 UNITED STATES MARSHALS SERVICE

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’, $1,500,000, to remain available until September

15 30, 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), the

18 concurrent resolution on the budget for fiscal year 2006.

19 FEDERAL BUREAU OF INVESTIGATION

20 SALARIES AND EXPENSES

21 For an additional amount for ‘‘Salaries and Ex22 penses’’, $82,000,000, to remain available until September

23 30, 2007: Provided, That the amount provided under this

24 heading is 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 DRUG ENFORCEMENT ADMINISTRATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $5,000,000, to remain available until September

7 30, 2007: Provided, 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 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

12 EXPLOSIVES

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and Ex15 penses’’, $4,000,000, 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), the

19 concurrent resolution on the budget for fiscal year 2006.

20 DEPARTMENT OF STATE AND RELATED AGENCY

21 DEPARTMENT OF STATE

22 ADMINISTRATION OF FOREIGN AFFAIRS

23 DIPLOMATIC AND CONSULAR PROGRAMS

24 For an additional amount for ‘‘Diplomatic and Con25 sular Programs’’, $1,452,600,000, to remain available until
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1 September 30, 2007: Provided, That of the funds available

2 under this heading, not less than $250,000 shall be made

3 available for the establishment and adequate support, in4 cluding staffing and travel, of the Office of the Presidential

5 Special Envoy for Sudan, with a mandate that shall in6 clude pursuing, in conjunction with the African Union and

7 other international actors, a sustainable peace settlement to

8 end the genocide in Darfur, Sudan, assisting the parties

9 to the Comprehensive Peace Agreement for Sudan with im10 plementation of the Agreement, coordinating policy, making

11 recommendations, and pursuing efforts related to conflict

12 resolution to bring lasting stability to all areas of Sudan

13 and the region, including northern Uganda and Chad, fa14 cilitating, in cooperation with the people of Darfur and the

15 African Union, a dialogue within Darfur to promote con16 flict resolution and reconciliation at the grass roots level,

17 and developing a common policy approach among inter18 national partners to address such issues: Provided further,

19 That the amount provided under this heading is 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 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Office of Inspector

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

5 30, 2007, of which $24,000,000 shall be transferred to the

6 Special Inspector General for Iraq Reconstruction: Pro7 vided, That the amounts provided under this heading are

8 designated as an emergency requirement pursuant to sec9 tion 402 of H. Con. Res. 95 (109th Congress), the concur10 rent resolution on the budget for fiscal year 2006.

11 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

12 For an additional amount for ‘‘Educational and Cul13 tural Exchange Programs’’, $5,000,000, to remain available

14 until expended: Provided, That the amount provided under

15 this heading is designated as an emergency requirement

16 pursuant to section 402 of H. Con. Res. 95 (109th Con17 gress), the concurrent resolution on the budget for fiscal year

18 2006.

19 INTERNATIONAL ORGANIZATIONS

20 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

21 ACTIVITIES

22 For an additional amount for ‘‘Contributions for

23 International Peacekeeping Activities’’, $129,800,000, to re24 main available until September 30, 2007: Provided, That

25 the amount provided under this heading is designated as
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1 an emergency requirement pursuant to section 402 of H.

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

3 the budget for fiscal year 2006.

4 RELATED AGENCY

5 BROADCASTING BOARD OF GOVERNORS

6 INTERNATIONAL BROADCASTING OPERATIONS

7 For an additional amount for ‘‘International Broad8 casting Operations’’ for programs and activities promoting

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

10 expended: Provided, That the amount provided under this

11 heading is designated as an emergency requirement pursu12 ant to section 402 of H. Con. Res. 95 (109th Congress), the

13 concurrent resolution on the budget for fiscal year 2006.

14 GENERAL PROVISION—THIS CHAPTER

15 DIPLOMATIC AND CONSULAR PROGRAMS—LIMITATION

16 SEC. 1201. Notwithstanding any other provision of

17 this Act, the amount provided for ‘‘Diplomatic and Con18 sular Programs’’ shall be $1,392,600,000.

19 AUTHORIZATION OF FUNDS

20 SEC. 1202. Funds appropriated or made available by

21 transfer in this chapter may be obligated and expended not22 withstanding section 15 of the State Department Basic Au23 thorities Act of 1956, section 10 of Public Law 91–672 (22

24 U.S.C. 2412), section 504(a)(1) of the National Security Act

25 of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the For-
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1 eign Relations Authorization Act, Fiscal Years 1994 and

2 1995 (Public Law 103–236).

3 SEC. 1203. DEPARTMENT OF STATE AND USAID AU4 THORITIES. (a) WAIVER OF ANNUITY LIMITATIONS ON RE5 EMPLOYED FOREIGN SERVICE ANNUITANTS.—Section

6 824(g) of the Foreign Service Act of 1980 (22 U.S.C.

7 4064(g)) is amended to read as follows:

8 ‘‘(g)(1) The Secretary of State may waive the applica9 tion of subsections (a) through (d) on a case-by-case basis

10 for an annuitant reemployed on a temporary basis, or

11 grant authority to the head of an Executive agency to waive

12 the application of subsections (a) through (d) on a case13 by-case basis for an annuitant reemployed on a temporary

14 basis—

15 ‘‘(A) if, and for so long as, such waiver is nec16 essary due to an emergency involving a direct threat

17 to life or property or other unusual circumstances; or

18 ‘‘(B) if the annuitant is employed in a position

19 for which there is exceptional difficulty in recruiting

20 or retaining a qualified employee.

21 ‘‘(2) The authority of the Secretary to waive the appli22 cation of subsections (a) through (d) for an annuitant pur23 suant to subparagraph (B) of paragraph (1), or to grant

24 authority to the head of an Executive agency to waive the

25 application of such subsections to an annuitant under sub-
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1 paragraphs (A) or (B) of such paragraph, shall terminate

2 on October 1, 2008. An annuitant reemployed pursuant to

3 such authority prior to such termination date may be em4 ployed for a period ending not later than one year after

5 such date.

6 ‘‘(3) The Secretary should prescribe procedures for the

7 exercise of any authority under paragraph (1), including

8 criteria for any exercise of authority and procedures for a

9 delegation of authority.’’.

10 (b) WAIVER OF ANNUITY LIMITATIONS ON REEM11 PLOYED CIVIL SERVICE ANNUITANTS.—

12 (1) DEPARTMENT OF STATE.—Title I of the De13 partment of State Basic Authorities Act of 1956 (22

14 U.S.C. 2651a et seq.) is amended by adding at the

15 end the following new section:

16 ‘‘SEC. 61. REEMPLOYMENT OF ANNUITANTS UNDER THE

17 CIVIL SERVICE RETIREMENT SYSTEM AND

18 FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.

19 ‘‘(a) AUTHORITY.—

20 ‘‘(1) IN GENERAL.—The Secretary of State may

21 waive the application of the provisions of section

22 8344 or 8468 of title 5, United States Code, on a

23 case-by-case basis for employment of an annuitant in

24 a position in the Department of State for which there

25 is exceptional difficulty in recruiting or retaining a
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HR 4939 EAS

1 qualified employee, or when a temporary emergency

2 hiring need exists.

3 ‘‘(2) TERMINATION OF AUTHORITY.—The author4 ity of the Secretary under paragraph (1) shall termi5 nate on October 1, 2008. An annuitant reemployed

6 pursuant to such authority prior to such termination

7 date may be employed for a period ending not later

8 than one year after such date.

9 ‘‘(b) PROCEDURES.—The Secretary should prescribe

10 procedures for the exercise of any authority under sub11 section (a), including criteria for any exercise of authority

12 and procedures for a delegation of authority.

13 ‘‘(c) ANNUITANTS NOT TREATED AS EMPLOYEES FOR

14 PURPOSES OF RETIREMENT BENEFITS.—An employee for

15 whom a waiver under this section is in effect shall not be

16 considered an employee for purposes of subchapter III of

17 chapter 83, or chapter 84 of title 5, United States Code.’’.

18 (2) UNITED STATES AGENCY FOR INTERNATIONAL

19 DEVELOPMENT.—Section 625 of the Foreign Assist20 ance Act of 1961 (22 U.S.C. 2385) is amended by

21 adding at the end the following new subsection:

22 ‘‘(j)(1)(A) The Administrator of the United States

23 Agency for International Development may waive the ap24 plication of the provisions of section 8344 or 8468 of title

25 5, United States Code, on a case-by-case basis for employ-
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1 ment of an annuitant in a position in the United States

2 Agency for International Development for which there is ex3 ceptional difficulty in recruiting or retaining a qualified

4 employee, or when a temporary emergency hiring need ex5 ists.

6 ‘‘(B) The authority of the Administrator under sub7 paragraph (A) shall terminate on October 1, 2008. An an8 nuitant reemployed pursuant to such authority prior to

9 such termination date may be employed for a period ending

10 not later than one year after such date.

11 ‘‘(2) The Administrator should prescribe procedures for

12 the exercise of any authority under this subsection, includ13 ing criteria for any exercise of authority and procedures

14 for a delegation of authority.

15 ‘‘(3) An employee for whom a waiver under this sec16 tion is in effect shall not be considered an employee for pur17 poses of subchapter III of chapter 83, or chapter 84 of title

18 5, United States Code.’’.

19 (c) REPORT ON USE OF ANNUITY LIMITATION WAIVER

20 AUTHORITY.—Not later than 1 year after the date of the

21 enactment of this Act, the Secretary of State shall submit

22 to the Committee on Foreign Relations and the Committee

23 on Homeland Security and Government Affairs of the Sen24 ate and the Committee on International Relations and the

25 Committee on Government Reform of the House of Rep-
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1 resentatives a report on the exercise of the waiver authori2 ties provided under section 824(g) of the Foreign Service

3 Act of 1980 (22 U.S.C. 4064(g)), as amended by subsection

4 (a), section 61 of the State Department Basic Authorities

5 Act of 1956, as added by subsection (b)(1), and section

6 625(j) of the Foreign Assistance Act of 1961, as added by

7 subsection (b)(2). The report shall include the number and

8 type of positions that have been filled under such waiver

9 authority, and the retirement date, former job title, and new

10 job title of each annuitant reemployed under such authority.

11 (d) HOME LEAVE PROVISIONS.—

12 (1) TRAVEL EXPENSES FOR REST AND RECUPER13 ATION TRAVEL.—Section 901(6) of the Foreign Serv14 ice Act (22 U.S.C. 4081(6)) is amended by striking

15 ‘‘unbroken by home leave’’ each place it appears.

16 (2) AUTHORITY TO REQUIRE LEAVES OF AB17 SENCE.—Section 903(a) of the Foreign Service Act

18 (22 U.S.C. 4083) is amended by striking ‘‘18 months’’

19 and inserting ‘‘12 months’’.

20 (e) AUTHORITY TO PROVIDE ACCOMMODATION AND

21 SUBSISTENCE TO INDIVIDUALS SERVING IN IRAQ AND AF22 GHANISTAN.—The Secretary of State may provide during

23 any fiscal year, with or without reimbursement, accommo24 dation and subsistence to personnel in Iraq and Afghani25 stan for whom the Chief of Mission is responsible.
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1 PROHIBITION ON USE OF FUNDS FOR CERTAIN PURPOSES

2 IN IRAQ

3 SEC. 1204. None of the funds made available by title

4 I of this Act may be made available to establish permanent

5 United States military bases in Iraq, or to exercise United

6 States control over the oil infrastructure or oil resources of

7 Iraq.

8 PROHIBITION ON USE OF FUNDS FOR CERTAIN PURPOSES

9 IN IRAQ

10 SEC. 1205. None of the funds made available by title

11 I of this Act may be made available to establish permanent

12 military bases in Iraq or to exercise control over the oil

13 infrastructure or oil resources of Iraq.

14 CHAPTER 3

15 DEPARTMENT OF DEFENSE—MILITARY

16 MILITARY PERSONNEL

17 MILITARY PERSONNEL, ARMY

18 For an additional amount for ‘‘Military Personnel,

19 Army’’, $6,665,284,000: Provided, That the amount pro20 vided under this heading is designated as an emergency re21 quirement pursuant to section 402 of H. Con. Res. 95

22 (109th Congress), the concurrent resolution on the budget

23 for fiscal year 2006.

24 MILITARY PERSONNEL, NAVY

25 For an additional amount for ‘‘Military Personnel,

26 Navy’’, $1,071,474,000: Provided, That the amount pro-
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1 vided under this heading is designated as an emergency re2 quirement 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, MARINE CORPS

6 For an additional amount for ‘‘Military Personnel,

7 Marine Corps’’, $860,872,000: 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 MILITARY PERSONNEL, AIR FORCE

13 For an additional amount for ‘‘Military Personnel,

14 Air Force’’, $1,195,713,000: 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 RESERVE PERSONNEL, ARMY

20 For an additional amount for ‘‘Reserve Personnel,

21 Army’’, $150,570,000: Provided, That the amount provided

22 under this heading is designated as an emergency require23 ment pursuant to section 402 of H. Con. Res. 95 (109th

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

25 year 2006.
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HR 4939 EAS

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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HR 4939 EAS

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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HR 4939 EAS

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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HR 4939 EAS

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.
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HR 4939 EAS

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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HR 4939 EAS

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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HR 4939 EAS

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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HR 4939 EAS

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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HR 4939 EAS

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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HR 4939 EAS

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-
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HR 4939 EAS

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 United States forces in the defeat of improvised explo8 sive devices: Provided further, That within 90 days of the

9 enactment of this Act, a plan for the intended management

10 and 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, the cur16 rent strategy for predeployment training of members of the

17 Armed Forces on improvised explosive devices, and details

18 on the execution of this Fund: Provided further, That the

19 Secretary of Defense may transfer funds provided herein to

20 appropriations for military personnel; operation and main21 tenance; procurement; research, development, test and eval22 uation; and defense working capital funds to accomplish the

23 purpose provided herein: Provided further, That this trans24 fer authority is in addition to any other transfer authority

25 available to the Department of Defense: Provided further,
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HR 4939 EAS

1 That upon determination that all or part of the funds so

2 transferred from this appropriation are not necessary for

3 the purpose provided herein, such amounts may be trans4 ferred back to this appropriation: Provided further, That

5 the Secretary of Defense shall, not fewer than 5 days prior

6 to making transfers from this appropriation, notify the con7 gressional defense committees in writing of the details of

8 any such transfer: Provided further, 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 PROCUREMENT

14 AIRCRAFT PROCUREMENT, ARMY

15 For an additional amount for ‘‘Aircraft Procurement,

16 Army’’, $533,200,000, to remain available until September

17 30, 2008: 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.

21 MISSILE PROCUREMENT, ARMY

22 For an additional amount for ‘‘Missile Procurement,

23 Army’’, $203,300,000, to remain available until September

24 30, 2008: Provided, That the amount provided under this

25 heading is designated as an emergency requirement pursu-
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HR 4939 EAS

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

2 concurrent resolution on the budget for fiscal year 2006.

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For an additional amount for ‘‘Procurement of Weap6 ons and Tracked Combat Vehicles, Army’’, $1,592,451,000,

7 to remain available until September 30, 2008: 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 PROCUREMENT OF AMMUNITION, ARMY

13 For an additional amount for ‘‘Procurement of Am14 munition, Army’’, $829,679,000, 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 fiscal

19 year 2006.

20 OTHER PROCUREMENT, ARMY

21 For an additional amount for ‘‘Other Procurement,

22 Army’’, $6,286,145,000, to remain available until Sep23 tember 30, 2008: 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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HR 4939 EAS

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

2 2006.

3 AIRCRAFT PROCUREMENT, NAVY

4 For an additional amount for ‘‘Aircraft Procurement,

5 Navy’’, $412,169,000, to remain available until September

6 30, 2008: 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), the

9 concurrent resolution on the budget for fiscal year 2006.

10 WEAPONS PROCUREMENT, NAVY

11 For an additional amount for ‘‘Weapons Procurement,

12 Navy’’, $63,351,000, to remain available until September

13 30, 2008: 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 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $327,126,000, to re21 main available until September 30, 2008: Provided, That

22 the amount provided under this heading is designated as

23 an emergency requirement pursuant to section 402 of H.

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

25 the budget for fiscal year 2006.
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HR 4939 EAS

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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HR 4939 EAS

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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HR 4939 EAS

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.
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HR 4939 EAS

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-
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HR 4939 EAS

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
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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
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HR 4939 EAS

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-
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HR 4939 EAS

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 UNITED STATES 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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HR 4939 EAS

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
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HR 4939 EAS

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-
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HR 4939 EAS

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 EAS

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 NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS

11 PERFORMING ACTIVE SERVICE IN THE UNIFORMED

12 SERVICES OR NATIONAL GUARD

13 SEC. 1312. (a) SHORT TITLE.—This section may be

14 cited as the ‘‘Reservists Pay Security Act of 2006’’.

15 (b) IN GENERAL.—Subchapter IV of chapter 55 of title

16 5, United States Code, is amended by adding at the end

17 the following:

18 ‘‘§ 5538. Nonreduction in pay while serving in the uni19 formed services or National Guard

20 ‘‘(a) An employee who is absent from a position of em21 ployment with the Federal Government in order to perform

22 active duty in the uniformed services pursuant to a call

23 or order to active duty under a provision of law referred

24 to in section 101(a)(13)(B) of title 10 shall be entitled, while

25 serving on active duty, to receive, for each pay period de-
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HR 4939 EAS

1 scribed in subsection (b), an amount equal to the amount

2 by which—

3 ‘‘(1) the amount of basic pay which would other4 wise have been payable to such employee for such pay

5 period if such employee’s civilian employment with

6 the Government had not been interrupted by that

7 service, exceeds (if at all)

8 ‘‘(2) the amount of pay and allowances which

9 (as determined under subsection (d))—

10 ‘‘(A) is payable to such employee for that

11 service; and

12 ‘‘(B) is allocable to such pay period.

13 ‘‘(b)(1) Amounts under this section shall be payable

14 with respect to each pay period (which would otherwise

15 apply if the employee’s civilian employment had not been

16 interrupted)—

17 ‘‘(A) during which such employee is entitled to

18 reemployment rights under chapter 43 of title 38 with

19 respect to the position from which such employee is

20 absent (as referred to in subsection (a)); and

21 ‘‘(B) for which such employee does not otherwise

22 receive basic pay (including by taking any annual,

23 military, or other paid leave) to which such employee

24 is entitled by virtue of such employee’s civilian em25 ployment with the Government.
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HR 4939 EAS

1 ‘‘(2) For purposes of this section, the period during

2 which an employee is entitled to reemployment rights under

3 chapter 43 of title 38—

4 ‘‘(A) shall be determined disregarding the provi5 sions of section 4312(d) of title 38; and

6 ‘‘(B) shall include any period of time specified

7 in section 4312(e) of title 38 within which an em8 ployee may report or apply for employment or reem9 ployment following completion of service on active

10 duty to which called or ordered as described in sub11 section (a).

12 ‘‘(c) Any amount payable under this section to an em13 ployee shall be paid—

14 ‘‘(1) by such employee’s employing agency;

15 ‘‘(2) from the appropriation or fund which

16 would be used to pay the employee if such employee

17 were in a pay status; and

18 ‘‘(3) to the extent practicable, at the same time

19 and in the same manner as would basic pay if such

20 employee’s civilian employment had not been inter21 rupted.

22 ‘‘(d) The Office of Personnel Management shall, in con23 sultation with Secretary of Defense, prescribe any regula24 tions necessary to carry out the preceding provisions of this

25 section.
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HR 4939 EAS

1 ‘‘(e)(1) The head of each agency referred to in section

2 2302(a)(2)(C)(ii) shall, in consultation with the Office, pre3 scribe procedures to ensure that the rights under this section

4 apply to the employees of such agency.

5 ‘‘(2) The Administrator of the Federal Aviation Ad6 ministration shall, in consultation with the Office, prescribe

7 procedures to ensure that the rights under this section apply

8 to the employees of that agency.

9 ‘‘(f) For purposes of this section—

10 ‘‘(1) the terms ‘employee’, ‘Federal Government’,

11 and ‘uniformed services’ have the same respective

12 meanings as given them in section 4303 of title 38;

13 ‘‘(2) the term ‘employing agency’, as used with

14 respect to an employee entitled to any payments

15 under this section, means the agency or other entity

16 of the Government (including an agency referred to in

17 section 2302(a)(2)(C)(ii)) with respect to which such

18 employee has reemployment rights under chapter 43

19 of title 38; and

20 ‘‘(3) the term ‘basic pay’ includes any amount

21 payable under section 5304.’’.

22 (c) CLERICAL AMENDMENT.—The table of sections for

23 chapter 55 of title 5, United States Code, is amended by

24 inserting after the item relating to section 5537 the fol25 lowing:
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HR 4939 EAS

‘‘5538. Nonreduction in pay while serving in the uniformed services or National

Guard.’’.

1 (d) EFFECTIVE DATE.—The amendments made by this

2 section shall apply with respect to pay periods (as described

3 in section 5538(b) of title 5, United States Code, as amend4 ed by this section) beginning on or after the date of enact5 ment of this Act.

6 SENSE OF SENATE ON REQUESTS FOR FUNDS FOR MILI7 TARY OPERATIONS IN IRAQ AND AFGHANISTAN FOR

8 FISCAL YEARS AFTER FISCAL YEAR 2007

9 SEC. 1313. (a) FINDINGS.—The Senate makes the fol10 lowing findings:

11 (1) Title IX of the Department of Defense Appro12 priations Act, 2006 (division A of Public Law 109–

13 148) appropriated $50,000,000,000 for the cost of on14 going military operations overseas in fiscal year

15 2006, although those funds were not requested by the

16 President.

17 (2) The President on February 16, 2006, sub18 mitted to Congress a request for supplemental appro19 priations in the amount of $67,600,000,000 for ongo20 ing military operations in fiscal year 2006, none of

21 which supplemental appropriations was included in

22 the concurrent resolution on the budget for fiscal year

23 2006, as agreed to in the Senate on April 28, 2005.
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HR 4939 EAS

1 (3) The President on February 6, 2006, included

2 a $50,000,000,000 allowance for ongoing military op3 erations in fiscal year 2007, but did not formally re4 quest the funds or provide any detail on how the al5 lowance may be used.

6 (4) The concurrent resolution on the budget for

7 fiscal year 2007, as agreed to in the Senate on March

8 16, 2007, anticipates as much as $86,300,000,000 in

9 emergency spending in fiscal year 2007, indicating

10 that the Senate expects to take up another supple11 mental appropriations bill to fund ongoing military

12 operations during fiscal year 2007.

13 (b) SENSE OF SENATE.—It is the sense of the Senate

14 that—

15 (1) any request for funds for a fiscal year after

16 fiscal year 2007 for ongoing military operations in

17 Afghanistan and Iraq should be included in the an18 nual budget of the President for such fiscal year as

19 submitted to Congress under section 1105(a) of title

20 31, United States Code;

21 (2) any request for funds for such a fiscal year

22 for ongoing military operations should provide an es23 timate of all funds required in that fiscal year for

24 such operations;
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HR 4939 EAS

1 (3) any request for funds for ongoing military

2 operations should include a detailed justification of

3 the anticipated use of such funds for such operations;

4 and

5 (4) any funds provided for ongoing military op6 erations overseas should be provided in appropria7 tions Acts for such fiscal year through appropriations

8 to specific accounts set forth in such appropriations

9 Acts.

10 SEC. 1314. (a) The amount appropriated by this chap11 ter under the heading ‘‘OPERATION AND MAINTENANCE, DE12 FENSE-WIDE’’ and available for Cooperative Threat Reduc13 tion is increased by $8,000,000.

14 (b) Of the amount appropriated by this chapter under

15 the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE16 WIDE’’ and available for Cooperative Threat Reduction, as

17 increased by subsection (a), $44,500,000 shall be deposited

18 in the Former Soviet Union Threat Reduction Account and

19 shall remain available until September 30, 2008.

20 (c) The amount made available under subsection (a)

21 is 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.
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HR 4939 EAS

1 CHAPTER 4

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’’, $10,300,000, to remain available

9 until September 30, 2007: Provided, That the amount pro10 vided under this heading is designated as an emergency re11 quirement 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’’, $22,500,000, to remain available until September

17 30, 2007: Provided, That of the funds appropriated under

18 this heading, $12,000,000 shall be made available for assist19 ance for Guatemala for relief and reconstruction activities

20 related to Hurricane Stan: Provided further, That the

21 amount provided under this heading is designated as an

22 emergency requirement pursuant to section 402 of H. Con.

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

24 budget for fiscal year 2006.
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1 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘International Disaster

4 and Famine Assistance’’, $171,290,000, to remain available

5 until expended, of which up to $80,000 may be transferred

6 to and merged with ‘‘Operating Expenses of the United

7 States Agency for International Development’’, for associ8 ated administrative costs: Provided, That the amounts pro9 vided under this heading are designated as an emergency

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

11 (109th Congress), the concurrent resolution on the budget

12 for fiscal year 2006.

13 OPERATING EXPENSES OF THE UNITED STATES AGENCY

14 FOR INTERNATIONAL DEVELOPMENT

15 For an additional amount for ‘‘Operating Expenses of

16 the United States Agency for International Development’’,

17 $141,600,000, to remain available until September 30,

18 2007: 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 OTHER BILATERAL ECONOMIC ASSISTANCE

23 ECONOMIC SUPPORT FUND

24 (INCLUDING TRANSFER OF FUNDS)

25 For an additional amount for ‘‘Economic Support

26 Fund’’, $1,757,500,000, to remain available until Sep-
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1 tember 30, 2007, of which up to $11,000,000 may be used

2 for the costs, as defined in section 502 of the Congressional

3 Budget Act of 1974, of modifying direct loans and guaran4 tees for Afghanistan or otherwise of reducing any amounts

5 owed to the United States or any agency of the United

6 States by Afghanistan: Provided, That such amounts for the

7 costs of modifying direct loans and guarantees shall not be

8 considered ‘‘assistance’’ for the purposes of any provision

9 of law limiting assistance to a country: Provided further,

10 That the last proviso under the heading ‘‘Economic Support

11 Fund’’ in title II of Public Law 109–102 and comparable

12 provisions in prior Acts making appropriations for foreign

13 operations, export financing, and related programs shall no

14 longer be applicable to funds appropriated under such head15 ing in this Act or any prior Act: Provided further, That

16 of the funds available under this heading for assistance for

17 Afghanistan, $5,000,000 shall be made available for agri18 culture and rural development programs in Afghanistan to

19 be administered through a national consortium of agri20 culture colleges and land-grant universities: Provided fur21 ther, That of the funds available under this heading for as22 sistance for Iraq, not less than $75,000,000 shall be made

23 available to the United States Agency for International De24 velopment for continued support for its Community Action

25 Program in Iraq, of which not less than $10,000,000 shall
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1 be transferred to and merged with funds appropriated

2 under the heading ‘‘Iraq Relief and Reconstruction Fund’’

3 in chapter 2 of title II of Public Law 108–106 and shall

4 be made available for the Marla Ruzicka Iraqi War Victims

5 Fund: Provided further, That funds made available under

6 the previous proviso shall be in addition to funds appro7 priated by this Act that are available to the United States

8 Agency for International Development for Iraq: Provided

9 further, That funds appropriated under this heading that

10 are made available for police and judicial reform in Haiti

11 shall be subject to the regular notification procedures of the

12 Committees on Appropriations: Provided further, That the

13 amounts provided under this heading are 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.

17 DEPARTMENT OF STATE

18 DEMOCRACY FUND

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

20 $39,750,000, of which $34,750,000 shall be made available

21 for programs and activities promoting democracy in Iran

22 and of which $5,000,000 shall be made available for election

23 assistance in the Democratic Republic of the Congo, to re24 main available until September 30, 2007: Provided, That

25 funds appropriated under this heading shall be made avail-
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1 able notwithstanding any other provision of law, and those

2 funds made available to promote democracy in Iran shall

3 be administered by the Middle East Partnership Initiative:

4 Provided further, That funds made available under this

5 heading in this Act shall be subject to the regular notifica6 tion procedures of the Committees on Appropriations: Pro7 vided further, That the amount provided under this heading

8 is designated as an emergency requirement pursuant to sec9 tion 402 of H. Con. Res. 95 (109th Congress), the concur10 rent resolution on the budget for fiscal year 2006.

11 INTERNATIONAL NARCOTICS CONTROL AND LAW

12 ENFORCEMENT

13 For an additional amount for ‘‘International Nar14 cotics Control and Law Enforcement’’, $107,700,000, to re15 main available until September 30, 2008: Provided, That

16 of the funds appropriated under this heading, not less than

17 $3,300,000 shall be made available for assistance for the

18 Peace and Justice Unit of the Colombian Fiscalia notwith19 standing section 599E of Public Law 109–102: Provided

20 further, 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.
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1 MIGRATION AND REFUGEE ASSISTANCE

2 For an additional amount for ‘‘Migration and Refugee

3 Assistance’’, $110,200,000, to remain available until Sep4 tember 30, 2007: 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 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

10 ASSISTANCE FUND

11 For an additional amount for ‘‘United States Emer12 gency Refugee and Migration Assistance Fund’’,

13 $20,000,000, to remain available until September 30, 2007:

14 Provided, That the amount provided under this heading is

15 designated as an emergency requirement pursuant to sec16 tion 402 of H. Con. Res. 95 (109th Congress), the concur17 rent resolution on the budget for fiscal year 2006.

18 DEPARTMENT OF THE TREASURY

19 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

20 For an additional amount for ‘‘International Affairs

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

22 until September 30, 2007: 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
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1 (109th Congress), the concurrent resolution on the budget

2 for fiscal year 2006.

3 MILITARY ASSISTANCE

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 PEACEKEEPING OPERATIONS

6 For an additional amount for ‘‘Peacekeeping Oper7 ations’’, $181,200,000, 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), the

11 concurrent resolution on the budget for fiscal year 2006.

12 GENERAL PROVISIONS—THIS CHAPTER

13 IRAQ RELIEF AND RECONSTRUCTION FUND

14 SEC. 1401. Chapter 2 of title II of Public Law 108–

15 106 (117 Stat. 1225–1226), as amended by Public Law

16 108–309 (118 Stat. 1142–1143), is further amended under

17 the heading ‘‘Iraq Relief and Reconstruction Fund’’ by—

18 (1)(A) striking ‘‘$5,090,000,000’’ and inserting

19 ‘‘$5,036,000,000’’ for security and law enforcement;

20 (B) striking ‘‘$1,960,000,000’’ and inserting

21 ‘‘$2,349,800,000’’ for justice, public safety infrastruc22 ture, and civil society;

23 (C) striking ‘‘$4,455,000,000’’ and inserting

24 ‘‘$4,220,000,000’’ for the electric sector;
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1 (D) striking ‘‘$1,723,000,000’’ and inserting

2 ‘‘$1,735,600,000’’ for oil infrastructure;

3 (E) striking ‘‘$2,361,000,000’’ and inserting

4 ‘‘$2,131,100,000’’ for water resources and sanitation;

5 (F) striking ‘‘$500,000,000’’ and inserting

6 ‘‘$465,500,000’’ for transportation and telecommuni7 cations;

8 (G) striking ‘‘$370,000,000’’ and inserting

9 ‘‘$333,700,000’’ for roads, bridges, and construction;

10 (H) striking ‘‘$793,000,000’’ and inserting

11 ‘‘$739,000,000’’ for health care;

12 (I) striking ‘‘$845,000,000’’ and inserting

13 ‘‘$805,300,000’’ for private sector development; and

14 (J) striking ‘‘$342,000,000’’ and inserting

15 ‘‘$410,000,000’’ for education, refugees, human rights,

16 and governance; and

17 (2) inserting before the period the following: ‘‘:

18 Provided further, That amounts provided under this

19 heading shall remain available for an additional 4

20 years from the date on which the availability of such

21 funds would otherwise have expired, if such funds are

22 initially obligated before the expiration of the period

23 of availability provided herein, except that after such

24 initial obligation any subsequent obligation may be
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1 made without regard to the sectoral limitations set

2 forth under this heading, as amended’’.

3 ADMINISTRATIVE COSTS

4 SEC. 1402. To the extent not otherwise authorized, su5 pervision and administrative costs of the Department of De6 fense associated with a construction project funded with the

7 Iraq Relief and Reconstruction Fund may be obligated at

8 the time a construction contract is awarded or, for pre-ex9 isting contracts, by September 30, 2006: Provided, That for

10 the purposes of this section, supervision and administration

11 costs include all in-house Government costs.

12 AUTHORIZATION OF FUNDS

13 SEC. 1403. Funds appropriated or made available by

14 transfer in this chapter may be obligated and expended not15 withstanding section 15 of the State Department Basic Au16 thorities Act of 1956, section 10 of Public Law 91–672 (22

17 U.S.C. 2412), section 504(a)(1) of the National Security Act

18 of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the For19 eign Relations Authorization Act, Fiscal Years 1994 and

20 1995 (Public Law 103–236).

21 PALESTINIAN AUTHORITY

22 SEC. 1404. Section 550 of Public Law 109–102 (119

23 Stat. 2217) is amended to read as follows:
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HR 4939 EAS

1 ‘‘PROHIBITION ON ASSISTANCE FOR THE PALESTINIAN

2 AUTHORITY

3 ‘‘SEC. 550. (a) PROHIBITION ON ASSISTANCE.—None

4 of the funds appropriated by this Act or any prior Act mak5 ing appropriations for foreign operations, export financing,

6 and related programs, may be obligated or expended for as7 sistance for the Palestinian Authority unless the Secretary

8 of State determines, and so reports to the Committees on

9 Appropriations, that the Palestinian Authority has—

10 ‘‘(1) publicly acknowledged Israel’s right to exist

11 as a Jewish state;

12 ‘‘(2) renounced violence; and

13 ‘‘(3) accepted and is adhering to all previous

14 diplomatic Agreements and understandings with the

15 United States Government, the Government of Israel,

16 and the international community.

17 ‘‘(b) WAIVER AUTHORITY.—(1) The President may

18 waive subsection (a) with respect to the administrative and

19 personal security costs of the Office of the President of the

20 Palestinian Authority, for activities of the President of the

21 Palestinian Authority to promote democracy and the rule

22 of law, and with respect to independent agencies, if the

23 President certifies and reports to the Committees on Appro24 priations that—
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HR 4939 EAS

1 ‘‘(A) it is in the national security interest of the

2 United States to provide such assistance; and

3 ‘‘(B) the President of the Palestinian Authority,

4 the President’s party, and independent agencies are

5 not effectively controlled by Hamas or any other for6 eign terrorist organization.

7 ‘‘(2) Prior to exercising the authority provided in this

8 subsection, the President shall consult with, and shall pro9 vide a written policy justification to, the Committees on

10 Appropriations and the Committee on International Rela11 tions of the House of Representatives and the Committee

12 on Foreign Relations of the Senate.

13 ‘‘(c) REPORT.—Whenever the waiver authority pursu14 ant to subsection (b) is exercised, the President shall submit

15 a report to the Committees on Appropriations describing

16 how the funds will be spent and the accounting procedures

17 in place to ensure proper oversight and accountability.’’.

18 (RESCISSION)

19 SEC. 1405. Of the funds appropriated under the head20 ing ‘‘Subsidy Appropriation’’ for the Export-Import Bank

21 of the United States that are available for tied-aid grants

22 in title I of Public Law 107–115 and under such heading

23 in prior Acts making appropriations for foreign operations,

24 export financing, and related programs, $13,200,000 are re25 scinded.
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HR 4939 EAS

1 AUTHORITY TO EQUALIZE ALLOWANCES, BENEFITS, AND

2 GRATUITIES OF PERSONNEL ON OFFICIAL DUTY IN

3 IRAQ AND AFGHANISTAN

4 SEC. 1406. (a) FINDINGS.—Congress makes the fol5 lowing findings:

6 (1) As part of the United States effort to bring

7 democracy and freedom to Iraq and Afghanistan, em8 ployees of a broad range of Federal agencies are need9 ed to serve in those countries, furnishing expertise to

10 their counterpart agencies in the Government of Iraq

11 and the Government of Afghanistan.

12 (2) While the heads of a number of Federal agen13 cies already possess authority to provide to their per14 sonnel on official duty abroad allowances, benefits,

15 and death gratuities comparable to those provided by

16 the Secretary of State to similarly-situated Foreign

17 Service personnel on official duty abroad, other agen18 cy heads do not possess such authority.

19 (3) In order to assist the United States Govern20 ment in recruiting personnel to serve in Iraq and Af21 ghanistan, and to avoid inequities in allowances, ben22 efits, and death gratuities among similarly-situated

23 United States Government civilian personnel on offi24 cial duty in these countries, it is essential that the

25 heads of all agencies that have personnel on official
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1 duty in Iraq and Afghanistan have the same basic

2 authority with respect to allowances, benefits, and

3 death gratuities for such personnel.

4 (b) IN GENERAL.—During any fiscal year, the head

5 of an agency may, in the agency head’s discretion, provide

6 to an individual employed by, or assigned or detailed to,

7 such agency allowances, benefits, and gratuities comparable

8 to those provided by the Secretary of State to members of

9 the Foreign Service under section 413 and chapter 9 of title

10 I of the Foreign Service Act of 1980 (22 U.S.C. 3973; 4081

11 et seq.), if such individual is on official duty in Iraq or

12 Afghanistan.

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

14 construed to impair or otherwise affect the authority of the

15 head of an agency under any other provision of law.

16 (d) APPLICABILITY OF CERTAIN AUTHORITIES.—Sec17 tion 912(a) of the Internal Revenue Code of 1986 shall

18 apply with respect to amounts received as allowances or

19 otherwise under this section in the same manner as section

20 912 of the Internal Revenue Code of 1986 applies with re21 spect to amounts received by members of the Foreign Service

22 as allowances or otherwise under chapter 9 of title I of the

23 Foreign Service Act of 1980.

24 DEMOCRACY IN IRAQ

25 SEC. 1407. (a) Of the funds provided in this chapter

26 for the Economic Support Fund, not less than $104,500,000
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HR 4939 EAS

1 should be made available through the Bureau of Democracy,

2 Human Rights, and Labor of the Department of State, in

3 coordination with the United States Agency for Inter4 national Development where appropriate, to United States

5 nongovernmental organizations for the purpose of sup6 porting democracy assistance programs in Iraq that pro7 mote the long term development of civil society, political

8 parties, election processes, the rule of law, reconciliation ac9 tivities, and parliament in that country: Provided, That

10 the Secretary of State shall consult with the Committees on

11 Appropriations prior to the initial obligation of funds made

12 available under this section on the uses of such funds: Pro13 vided further, That of the funds made available under this

14 heading, up to $8,500,000 should be made available for the

15 United States Institute of Peace for programs in Iraq and

16 Afghanistan.

17 (b) The President shall include in each report sub18 mitted to Congress under the United States Policy in Iraq

19 Act (section 1227 of Public Law 109–163; 50 U.S.C. 1541

20 note; 119 Stat. 3465) a report on the extent to which funds

21 appropriated in this Act support a short-term and long22 term strategy to promote and develop democracy in Iraq,

23 including:

24 (1) A description of the objectives of the Sec25 retary of State to promote and develop democracy at
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1 the national, regional, and provincial levels in Iraq,

2 including development of civil society, political par3 ties, and government institutions.

4 (2) The schedule to achieve such objectives.

5 (3) The progress made toward achieving such ob6 jectives.

7 (4) The principal official within the United

8 States Government responsible for coordinating and

9 implementing democracy funding for Iraq.

10 (RESCISSION)

11 SEC. 1408. Of the funds appropriated under the head12 ing ‘‘Economic Support Fund’’ that are available for assist13 ance for Egypt in Public Law 109–102 and under such

14 heading in prior Acts making appropriations for foreign

15 operations, export financing, and related programs,

16 $47,000,000 are rescinded: Provided, That such amount

17 shall be derived only from funds available for cash transfer

18 assistance.

19 CHAPTER 5

20 DEPARTMENT OF HOMELAND SECURITY

21 UNITED STATES COAST GUARD

22 OPERATING EXPENSES

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

24 $26,692,000: Provided, That the amount provided under

25 this heading is designated as an emergency requirement

26 pursuant to section 402 of H. Con. Res. 95 (109th Con-
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HR 4939 EAS

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

2 2006.

3 CHAPTER 6

4 DEPARTMENT OF DEFENSE

5 MILITARY CONSTRUCTION

6 MILITARY CONSTRUCTION, ARMY

7 For an additional amount for ‘‘Military Construction,

8 Army’’, $214,344,000, to remain available until September

9 30, 2010: Provided, That such funds may be obligated and

10 expended to carry out planning and design and military

11 construction projects not otherwise authorized by law: Pro12 vided further, That the amount provided under this heading

13 is designated as an emergency requirement pursuant to sec14 tion 402 of H. Con. Res. 95 (109th Congress), the concur15 rent resolution on the budget for fiscal year 2006.

16 MILITARY CONSTRUCTION, AIR FORCE

17 For an additional amount for ‘‘Military Construction,

18 Air Force’’, $28,200,000, to remain available until Sep19 tember 30, 2010: Provided, That such funds may be obli20 gated or expended to carry out planning and design and

21 military construction projects not otherwise authorized by

22 law: Provided further, 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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HR 4939 EAS

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 DEPARTMENT OF VETERANS AFFAIRS

12 VETERANS HEALTH ADMINISTRATION

13 MEDICAL SERVICES

14 For an additional amount for ‘‘Medical Services’’ for

15 necessary expenses for furnishing, as authorized by law,

16 outpatient and inpatient care and treatment to bene17 ficiaries of the Department of Veterans Affairs and veterans

18 as described in paragraphs (1) through (8) of section

19 1705(a) of title 38, United States Code, including care and

20 treatment in facilities not under the jurisdiction of the de21 partment and including medical supplies and equipment

22 and salaries and expenses of healthcare employees hired

23 under title 38, United States Code, and to aid State homes

24 as authorized under section 1741 of title 38, United States

25 Code, $430,000,000 plus reimbursements: Provided, That of

26 the amount under this heading, $168,000,000 shall be avail-
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HR 4939 EAS

1 able to address the needs of servicemembers in need of men2 tal health care, including post-traumatic stress disorder:

3 Provided further, That of the amount under this heading,

4 $80,000,000 shall be available for the provision of readjust5 ment counseling under section 1712A of title 38, United

6 States Code (commonly referred to as ‘‘Vet Centers’’): Pro7 vided further, That of the amount under this heading

8 $182,000,000 shall be available to meet current and pend9 ing care and treatment requirements: Provided further,

10 That the amount under this heading shall remain available

11 until expended: 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: Provided further, That these amounts shall be

16 available only to the extent that an official budget request

17 for the entire amount is submitted to the Congress by the

18 President that includes designation of the entire amount of

19 the request as an emergency requirement.

20 CHAPTER 7

21 DEPARTMENT OF THE TREASURY

22 DEPARTMENTAL OFFICES

23 SALARIES AND EXPENSES

24 For an additional amount for ‘‘Salaries and Ex25 penses’’, $1,800,000, 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 TITLE II

6 FURTHER HURRICANE DISASTER RELIEF AND

7 RECOVERY

8 CHAPTER 1

9 DEPARTMENT OF AGRICULTURE

10 EXECUTIVE OPERATIONS

11 WORKING CAPITAL FUND

12 For an additional amount for ‘‘Working Capital

13 Fund’’, $25,000,000, to remain available until expended,

14 for necessary expenses related to the consequences of Hurri15 cane Katrina and other hurricanes of the 2005 season: Pro16 vided, That the amount provided under this heading is des17 ignated as an emergency requirement pursuant to section

18 402 of H. Con. Res. 95 (109th Congress), the concurrent

19 resolution on the budget for fiscal year 2006.

20 OFFICE OF THE INSPECTOR GENERAL

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

22 General’’, $445,000, to remain available until September

23 30, 2007, for necessary expenses related to the consequences

24 of Hurricane Katrina and other hurricanes of the 2005 sea25 son: Provided, That the amount provided under this head-
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HR 4939 EAS

1 ing is designated as an emergency requirement pursuant

2 to section 402 of H. Con. Res. 95 (109th Congress), the con3 current resolution on the budget for fiscal year 2006.

4 AGRICULTURAL RESEARCH SERVICE

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘Salaries and Ex7 penses’’, $15,600,000, to remain available until expended,

8 for necessary expenses related to the consequences of Hurri9 cane Katrina and other hurricanes of the 2005 season: Pro10 vided, That the amount provided under this heading is des11 ignated as an emergency requirement pursuant to section

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

13 resolution on the budget for fiscal year 2006.

14 BUILDINGS AND FACILITIES

15 For an additional amount for ‘‘Buildings and Facili16 ties’’, $20,000,000, to remain available until expended, for

17 necessary expenses related to the consequences of Hurricane

18 Katrina and other hurricanes of the 2005 season: Provided,

19 That the amount provided under this heading is 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.

23 FARM SERVICE AGENCY

24 SALARIES AND EXPENSES

25 For an additional amount for ‘‘Salaries and Ex26 penses’’, $5,000,000, to remain available until expended, for
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1 necessary expenses related to the consequences of Hurricane

2 Katrina and other hurricanes of the 2005 season: Provided,

3 That the amount provided under this heading is designated

4 as an emergency requirement pursuant to section 402 of

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

6 on the budget for fiscal year 2006.

7 EMERGENCY CONSERVATION PROGRAM

8 For an additional amount for the ‘‘Emergency Con9 servation Program’’, $32,547,000, to remain available until

10 expended, to provide assistance under the emergency con11 servation program established under title IV of the Agricul12 tural Credit Act of 1978 (16 U.S.C. 2201 et seq.), for nec13 essary expenses related to the consequences of Hurricane

14 Katrina and other hurricanes of the 2005 season: Provided,

15 That the amount provided under this heading is designated

16 as an emergency requirement pursuant to section 402 of

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

18 on the budget for fiscal year 2006.

19 NATURAL RESOURCES CONSERVATION SERVICE

20 EMERGENCY WATERSHED PROTECTION PROGRAM

21 For an additional amount for ‘‘Emergency Watershed

22 Protection Program’’, $165,000,000, to remain available

23 until expended, for emergency measures in disaster areas

24 affected by Hurricane Katrina and other hurricanes of the

25 2005 season: Provided, That notwithstanding any other

26 provision of law, the Secretary, acting through the Natural
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HR 4939 EAS

1 Resources Conservation Service, using funds made available

2 under this heading may provide financial and technical as3 sistance to remove and dispose of debris and animal car4 casses that could adversely affect health and safety on non5 Federal land in a hurricane-affected county: Provided fur6 ther, 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 RURAL DEVELOPMENT

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $1,000,000, to remain available until expended, for

14 necessary expenses related to the consequences of Hurricane

15 Katrina and other hurricanes of the 2005 season for State

16 Rural Development offices located in Mississippi and Lou17 isiana: 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.

21 RURAL COMMUNITY ADVANCEMENT PROGRAM

22 For an additional amount for community facilities

23 grants authorized under section 381E(d)(1) of the Consoli24 dated Farm and Rural Development Act, $150,000,000, to

25 remain available until expended, for necessary expenses re26 lated to the consequences of Hurricane Katrina and other
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1 hurricanes of the 2005 season: Provided, That the amount

2 provided under this heading is designated as an emergency

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

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

5 for fiscal year 2006.

6 GENERAL PROVISIONS—THIS CHAPTER

7 NATURAL RESOURCES CONSERVATION SERVICE—COST

8 SHARE REQUIREMENT

9 SEC. 2101. Notwithstanding any other provision of

10 law, in carrying out the provisions of section 102 of chapter

11 1 of title I of division B of Public Law 109–148 (119 Stat.

12 2748–2749), the Secretary may provide financial and tech13 nical assistance up to 100 percent Federal share: Provided,

14 That the amount provided under this section 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 NATURAL RESOURCES CONSERVATION SERVICE—VEHICLE

19 DISPOSITION

20 SEC. 2102. Notwithstanding any other provision of

21 law, the Chief of the Natural Resources Conservation Serv22 ice (NRCS) may enter into agreements with organizations

23 or State or local units of government affected by Hurricane

24 Katrina and other hurricanes of the 2005 season, that pro25 vide for NRCS to donate used vehicles to the organization

26 or to the State or local unit of government.
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1 RURAL DEVELOPMENT—EMERGENCY AUTHORITIES

2 SEC. 2103. The Secretary of Agriculture may continue

3 to use any of the authorities provided in section 105 of

4 chapter 1 of title I of division B of Public Law 109–148

5 (119 Stat. 2749–2750), for a period not to exceed 24 addi6 tional months: Provided, That the amount provided under

7 this section is designated as an emergency requirement pur8 suant to section 402 of H. Con. Res. 95 (109th Congress),

9 the concurrent resolution on the budget for fiscal year 2006.

10 FARM SERVICE AGENCY

11 (TRANSFER OF FUNDS)

12 SEC. 2104. Of the funds appropriated in section 101(a)

13 of chapter 1 of title I of division B of Public Law 109–

14 148 (119 Stat. 2747), to provide assistance under the emer15 gency conservation program established under title IV of the

16 Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.),

17 $38,000,000 are transferred to the National Oceanic and

18 Atmospheric Administration in the Department of Com19 merce for activities involving oysters: Provided, That the

20 amount transferred under this section is designated as an

21 emergency requirement pursuant to section 402 of H. Con.

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

23 budget for fiscal year 2006.
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1 FARM SERVICE AGENCY—EMERGENCY CONSERVATION

2 PROGRAM

3 SEC. 2105. Section 101(b) of chapter 1 of title I of

4 division B of Public Law 109–148 (119 Stat. 2747) is

5 amended—

6 (1) in the heading, by striking ‘‘, Oyster,’’;

7 (2) in the matter preceding paragraph (1)—

8 (A) by striking ‘‘, oyster,’’; and

9 (B) by striking ‘‘public and private oyster

10 reefs or’’;

11 (3) in paragraph (3), by adding ‘‘and’’ at the

12 end;

13 (4) by striking paragraph (4); and

14 (5) by redesignating paragraph (5) as para15 graph (4).

16 RURAL DEVELOPMENT—RURAL HOUSING

17 SEC. 2106. There is hereby appropriated, $35,408,000,

18 to remain available until expended, for housing needs in

19 the most impacted and distressed areas related to the con20 sequences of Hurricane Katrina and other hurricanes of the

21 2005 season: Provided, That the Secretary of Agriculture

22 shall allocate funds provided under this section between the

23 ‘‘Rural Housing Insurance Fund Program Account’’ and

24 ‘‘Rural Housing Assistance Grants’’ program: Provided

25 further, That the Secretary make this allocation and

26 prioritizes the funding of projects with such funds within
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1 a State based on the priorities identified by the Governor

2 of each State: Provided further, That the amount provided

3 under this section is designated as an emergency require4 ment pursuant to section 402 of H. Con. Res. 95 (109th

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

6 year 2006.

7 WILDLIFE HABITAT INCENTIVE PROGRAM

8 SEC. 2107. Funds made available for the wildlife habi9 tat incentive program established under section 1240N of

10 the Food Security Act of 1985 (16 U.S.C. 3839bb–1) under

11 section 211(b) of the Agricultural Risk Protection Act of

12 2000 (Public Law 106–224; 7 U.S.C. 1421 note) and section

13 820 of the Agriculture, Rural Development, Food and Drug

14 Administration, and Related Agencies Appropriations Act,

15 2001 (Public Law 106–387; 114 Stat. 1549A–59) shall re16 main available until expended to carry out obligations

17 made for fiscal year 2001 and are not available for new

18 obligations.

19 SMALL BUSINESS RELIEF FROM HURRICANE KATRINA AND

20 HURRICANE RITA

21 SEC. 2108. (a) Section 3(p)(1) of the Small Business

22 Act (15 U.S.C. 632(p)(1)) is amended—

23 (1) in subparagraph (D), by striking ‘‘or’’;

24 (2) in subparagraph (E), by striking the period

25 at the end and inserting ‘‘; or’’; and

26 (3) by adding at the end the following:
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1 ‘‘(F) an area in which the President has de2 clared a major disaster (as that term is defined

3 in section 102 of the Robert T. Stafford Disaster

4 Relief and Emergency Assistance Act (42 U.S.C.

5 5122)) as a result of Hurricane Katrina of Au6 gust 2005 or Hurricane Rita of September

7 2005.’’.

8 (b) Section 711(d) of the Small Business Competitive

9 Demonstration Program Act of 1988 (15 U.S.C. 644 note)

10 is amended—

11 (1) by striking ‘‘The Program’’ and inserting the

12 following:

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), the Program’’; and

15 (2) by adding at the end the following:

16 ‘‘(2) EXCEPTION.—The Program shall not apply

17 to any contract related to relief or reconstruction from

18 Hurricane Katrina of 2005 or Hurricane Rita of

19 2005.’’.

20 (c) The amendments made by subsections (a) and (b)

21 shall be effective for the period beginning on the date of en22 actment of the Act and ending on October 1, 2008.

23 ACCOUNTABILITY IN HURRICANE RECOVERY CONTRACTING

24 SEC. 2109. None of the funds appropriated by this Act

25 that are made available for relief and recovery efforts re26 lated to Hurricane Katrina and the other hurricanes of the
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1 2005 season may be used by an executive agency to enter

2 into any Federal contract exceeding $500,000 through the

3 use of procedures other than competitive procedures as re4 quired by the Federal Acquisition Regulation and, as appli5 cable, section 303(a) of the Federal Property and Adminis6 trative Services Act of 1949 (41 U.S.C. 253(a)) or section

7 2304(a) of title 10, United States Code.

8 CHAPTER 2

9 DEPARTMENT OF JUSTICE

10 OFFICE OF THE INSPECTOR GENERAL

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’ for necessary expenses related to the consequences

14 of Hurricane Katrina and other hurricanes of the 2005 sea15 son, $500,000, to remain available until September 30,

16 2007: 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 LEGAL ACTIVITIES

21 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’ for necessary expenses related to the consequences

24 of Hurricane Katrina and other hurricanes of the 2005 sea25 son, $3,200,000, to remain available until September 30,
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1 2007: 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 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

6 For an additional amount for ‘‘Salaries and Ex7 penses’’ for necessary expenses related to the consequences

8 of Hurricane Katrina and other hurricanes of the 2005 sea9 son, $6,500,000, to remain available until September 30,

10 2007: 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 OFFICE OF JUSTICE PROGRAMS

15 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

16 For an additional amount for ‘‘State and Local Law

17 Enforcement Assistance’’ for necessary expenses, related to

18 the direct or indirect consequences of Hurricane Katrina

19 and other hurricanes of the 2005 season, $10,000,000, to

20 remain available until expended: Provided, That the

21 amount provided under this heading is designated as an

22 emergency requirement pursuant to section 402 of H. Con.

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

24 budget for fiscal year 2006: Provided further, That the At25 torney General shall consult with the House and Senate
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1 Committees on Appropriations on the allocation of funds

2 prior to obligation.

3 DEPARTMENT OF COMMERCE

4 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

5 OPERATIONS, RESEARCH, AND FACILITIES

6 For an additional amount for ‘‘Operations, Research,

7 and Facilities’’ for necessary expenses related to the con8 sequences of Hurricane Katrina and other hurricanes of the

9 2005 season, $1,135,000,000, to remain available until Sep10 tember 30, 2007, pursuant to section 312(a) of the Magnu11 son-Stevens Fishery Conservation and Management Act,

12 section 308(d) of the Interjurisdictional Fisheries Act, and

13 other authorities: 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: Provided further, That of the total amount ap18 propriated, $100,000,000 shall be for the National Marine

19 Fisheries Service to provide technical assistance to States

20 and industry for oyster bed and shrimp ground rehabilita21 tion, debris removal and cleaning, and to prepare for spat

22 fall by planting sufficient amounts of cultch: Provided fur23 ther, That of the total amount appropriated, $20,000,000

24 shall be provided to utilize the National Oceanic and At25 mospheric Administration’s expertise to assist in rebuilding
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1 coastal communities, especially focusing on fisheries infra2 structure, zoning to mitigate against future catastrophes

3 and natural disasters, and building standards for coastal

4 structures: Provided further, That of the total amount ap5 propriated, $10,000,000 shall be provided to coordinate and

6 help implement planning efforts that will lead to capacity

7 and effort reductions in Federal and State waters: Provided

8 further, That of the total amount appropriated, $15,000,000

9 shall be provided to develop and implement a seafood pro10 motion strategy for Gulf of Mexico fisheries: Provided fur11 ther, That of the total amount appropriated, $15,000,000

12 shall be provided to institute job retraining programs for

13 displaced fisheries workers into alternative occupations:

14 Provided further, That of the total amount appropriated,

15 $200,000,000 shall be provided to replace fishing gear dam16 aged or lost in the hurricanes, and deploy advanced versions

17 of turtle exclusion devices and by-catch reduction devices:

18 Provided further, That of the total amount appropriated,

19 $50,000,000 shall be provided to develop temporary marine

20 services centers to cluster docking facilities, fuel, ice and

21 provisions, offloading, processing and distribution and ma22 rine repair facilities for seafood industries: Provided fur23 ther, That of the total amount appropriated, $300,000,000

24 shall be provided for re-development of marinas, piers,

25 docks, wharves and warehouses to support commercial and
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1 recreational fishing, and especially investments in public

2 facilities supporting working waterfronts: Provided further,

3 That of the total amount appropriated, $50,000,000 shall

4 be provided for planning and support for fishing-related

5 marine industrial parks to cluster processing and marine

6 support businesses in ways that increase access to key facili7 ties and services, and enhance intermodal transportation

8 of fishery products: Provided further, That of the total

9 amount appropriated, $90,000,000 shall be provided for re10 placement of private fisheries infrastructure other than ves11 sels: Provided further, That of the total amount appro12 priated, $10,000,000 shall be provided to implement rules

13 where appropriate, and purchase and provide one year of

14 associated fees to equip the offshore shrimp and reef fish

15 fishery with electronic vessel monitoring systems: Provided

16 further, That of the total amount appropriated, $66,000,000

17 shall be provided for the fishery finance program loans

18 under title XI of the Merchant Marine Act, 1936, (46 U.S.C.

19 App. 1271 et seq.) to satisfy loan obligations for loans used

20 to make expenditures, guarantee or finance to repair, re21 place or restore fisheries infrastructure, vessels, facilities, or

22 fish processing facilities home-ported or located within the

23 declared fisheries disaster area: Provided further, That of

24 the total amount appropriated, $14,000,000 shall be pro25 vided to develop and fund a cooperative research program
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1 to test various gears and to monitor the recovery of Gulf

2 of Mexico fishery resources and fisheries: Provided further,

3 That of the total amount appropriated, $100,000,000 shall

4 be provided for direct assistance to fishers and seafood work5 ers to undertake cleanup activities and begin repairing ves6 sels and damaged facilities: Provided further, That of the

7 total amount appropriated, $20,000,000 shall be provided

8 to assist shellfishermen in New England’s coastal commu9 nities who suffered severe economic impact from last year’s

10 toxic red tide outbreak: Provided further, That of the total

11 amount appropriated, $25,000,000 shall be provided to em12 ploy fishers and vessel owners in marine debris and living

13 marine resource assessment activities.

14 PROCUREMENT, ACQUISITION AND CONSTRUCTION

15 For an additional amount for ‘‘Procurement, Acquisi16 tion and Construction’’ for necessary expenses related to the

17 consequences of Hurricane Katrina and other hurricanes of

18 the 2005 season, $32,000,000, to remain available until ex19 pended: Provided, That the amount provided under this

20 heading is designated as an emergency requirement pursu21 ant to section 402 of H. Con. Res. 95 (109th Congress), the

22 concurrent resolution on the budget for fiscal year 2006.
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1 SCIENCE

2 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

3 EXPLORATION CAPABILITIES

4 For an additional amount for ‘‘Exploration Capabili5 ties’’ for necessary expenses related to the consequences of

6 Hurricane Katrina and other hurricanes of the 2005 sea7 son, $35,000,000 shall be for the Stennis Space Center, to

8 remain available until expended: Provided, That the

9 amount provided under this heading is designated as an

10 emergency requirement pursuant to section 402 of H. Con.

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

12 budget for fiscal year 2006.

13 RELATED AGENCY

14 SMALL BUSINESS ADMINISTRATION

15 DISASTER LOANS PROGRAM ACCOUNT

16 (INCLUDING TRANSFERS OF FUNDS)

17 For an additional amount for the ‘‘Disaster Loans

18 Program Account’’ for the cost of direct loans authorized

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

20 to remain available until expended: Provided, That such

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

22 as defined in section 502 of the Congressional Budget Act

23 of 1974: Provided further, That up to $190,000,000 may

24 be transferred to and merged with ‘‘Salaries and Expenses’’

25 for administrative expenses to carry out the disaster loan

26 program: Provided further, That none of the funds provided
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1 under this heading may be used for indirect administrative

2 expenses: Provided further, That of the amount provided

3 under this heading, up to $712,000,000 may be transferred

4 to ‘‘Federal Emergency Management Agency, Disaster Re5 lief’’ to reimburse in whole, or in part, that account for

6 funds transferred to this account by Public Law 109–174:

7 Provided further, That the amounts provided under this

8 heading are 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 GENERAL PROVISIONS—THIS CHAPTER

12 HURRICANE RESPONSE PLAN FOR THE 2006 HURRICANE

13 SEASON

14 SEC. 2201. (a) In this section—

15 (1) the terms ‘‘Administration’’ and ‘‘Adminis16 trator’’ mean the Small Business Administration and

17 the Administrator thereof, respectively;

18 (2) the term ‘‘Disaster Loan Program’’ means

19 the disaster loan program authorized under section 7

20 of the Small Business Act (15 U.S.C. 636);

21 (3) the term ‘‘major disaster’’ has the meaning

22 given the term in section 102 of the Robert T. Staf23 ford Disaster Relief and Emergency Assistance Act

24 (42 U.S.C. 5122);
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1 (4) the term ‘‘small business concern’’ has the

2 meaning given the term in section 3 of the Small

3 Business Act (15 U.S.C. 632);

4 (5) the term ‘‘system’’ means the Disaster Credit

5 Management System of the Administration; and

6 (6) the term ‘‘2006 Atlantic hurricane season’’

7 means the period beginning on June 1, 2006, and

8 ending on November 30, 2006.

9 (b) Not later than May 31, 2006, the Administrator

10 shall submit to the Committee on Small Business and En11 trepreneurship and the Committee on Appropriations of the

12 Senate and the Committee on Small Business and the Com13 mittee on Appropriations of the House of Representatives

14 a report on the status of the disaster response plan of the

15 Administration for the 2006 Atlantic hurricane season.

16 (c) The report required under subsection (b) shall

17 include—

18 (1) the plan of the Administrator for responding

19 quickly and efficiently after the occurrence of a major

20 disaster during the 2006 Atlantic hurricane season

21 and subsequent major disasters (including prepara22 tion and planning for disaster response resources and

23 staff, such as identifying loss verifiers and technical

24 assistance staff to deploy to potential disaster areas

25 in advance of chartable events such as hurricanes);
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1 (2) a description of how the Administrator plans

2 to integrate and coordinate the response to a major

3 disaster with the staff and resources of the Federal

4 Emergency Management Agency (including details on

5 where and when joint training sessions are planned

6 during the 2006 Atlantic hurricane season);

7 (3) a description of how the Administrator plans

8 to integrate and coordinate the response to a major

9 disaster with the technical assistance programs of the

10 Administration (including the small business develop11 ment centers);

12 (4) the contingency plans of the Administration,

13 if any, for handling increases in the volume of appli14 cations under the Disaster Loan Program during the

15 2006 Atlantic hurricane season (including detailed

16 plans for using local banks, credit unions, and busi17 nesses in an area in which the President declares a

18 major disaster or the hiring of additional loan proc19 essing and loss verification staff);

20 (5) any available or revised surge plans for the

21 system (including surge plans for loss verification,

22 loan processing, mailroom, customer service or call

23 center operations, and a continuity of operations

24 plan);
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1 (6) information on the plans of the Administra2 tion, if any, for upgrading the Disaster Loan Pro3 gram application processing system, including—

4 (A) the user capacity of the system; and

5 (B) the estimated cost for upgrading the

6 software and equipment to handle additional

7 users;

8 (7) the number of full-time equivalent employees

9 and job descriptions for the planning and disaster re10 sponse staff of the Administration;

11 (8) information (including potential cost esti12 mates) on whether—

13 (A) the Administrator plans to hire full14 time planning staff during the 2006 Atlantic

15 hurricane season; and

16 (B) such full-time planner would be hired

17 in the Office of Disaster Assistance or in another

18 office of the Administration;

19 (9) the inservice and preservice training proce20 dures for disaster response staff of the Administra21 tion;

22 (10) information on the logistical support plans

23 of the Administration (including equipment and

24 staffing needs, and detailed information on how such
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1 plans will be scalable depending on the size and scope

2 of the major disaster);

3 (11) information on the procurement procedures

4 of the Administration for acquiring equipment and

5 staff, including—

6 (A) standard procurement procedures dur7 ing nondisaster periods;

8 (B) standard procurement procedures before

9 and after major disasters;

10 (C) whether the Administration meets the

11 criteria to be exempt from the normal General

12 Services Administration procurement process for

13 its disaster response; and

14 (D) whether any administrative or legisla15 tive changes are needed to allow the Administra16 tion to be exempt from the normal General Serv17 ice Administration procurement process in re18 sponse to a disaster; and

19 (12) a description of the findings and rec20 ommendations of the Administrator, if any, based on

21 a review of the response of the Administration to

22 Hurricane Katrina of 2005, Hurricane Rita of 2005,

23 and Hurricane Wilma of 2005.

24 DISASTER LOAN PROGRAM MONTHLY ACCOUNTING REPORT

25 SEC. 2202. (a) In this section—
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1 (1) the term ‘‘applicable period’’ means the pe2 riod beginning on the date on which the President de3 clares a major disaster and ending on the date that

4 is 30 days after the later of the closing date for appli5 cations for physical disaster loans for such disaster

6 and the closing date for applications for economic in7 jury disaster loans for such disaster; and

8 (2) the term ‘‘major disaster’’ has the meaning

9 given the term in section 102 of the Robert T. Staf10 ford Disaster Relief and Emergency Assistance Act

11 (42 U.S.C. 5122).

12 (b) Not later than the fifth business day of each month

13 during the applicable period for a major disaster, the Ad14 ministrator of the Small Business Administration shall

15 provide to the Committee on Small Business and Entrepre16 neurship and the Committee on Appropriations of the Sen17 ate and to the Committee on Small Business and the Com18 mittee on Appropriations of the House of Representatives

19 a report on the operation of the disaster loan program au20 thorized under section 7 of the Small Business Act (15

21 U.S.C. 636) for such disaster during the preceding month.

22 (c) Each report under subsection (b) shall include—

23 (1) the daily average lending volume, in number

24 of loans and dollars, and the percent by which each
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1 category has increased or decreased since the previous

2 report under subsection (b);

3 (2) the weekly average lending volume, in num4 ber of loans and dollars, and the percent by which

5 each category has increased or decreased since the pre6 vious report under subsection (b);

7 (3) the amount of funding spent over the month

8 for loans, both in appropriations and program level,

9 and the percent by which each category has increased

10 or decreased since the previous report under sub11 section (b);

12 (4) the amount of funding available for loans,

13 both in appropriations and program level, and the

14 percent by which each category has increased or de15 creased, noting the source of any additional funding;

16 (5) an estimate of how long the available funding

17 for such loans will last, based on the spending rate;

18 (6) the amount of funding spent over the month

19 for staff, along with the number of staff, and the per20 cent by which each category has increased or de21 creased since the previous report under subsection (b);

22 (7) the amount of funding spent over the month

23 for administrative costs, and the percent by which

24 such spending has increased or decreased since the

25 previous report under subsection (b);
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1 (8) the amount of funding available for salaries

2 and expenses combined, and the percent by which

3 such funding has increased or decreased, noting the

4 source of any additional funding; and

5 (9) an estimate of how long the available funding

6 for salaries and expenses will last, based on the

7 spending rate.

8 CHAPTER 3

9 DEPARTMENT OF DEFENSE—MILITARY

10 MILITARY PERSONNEL

11 MILITARY PERSONNEL, ARMY

12 For an additional amount for ‘‘Military Personnel,

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

14 consequences of Hurricane Katrina and other hurricanes of

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

16 this heading is designated as an emergency requirement

17 pursuant to section 402 of H. Con. Res. 95 (109th Con18 gress), the concurrent resolution on the budget for fiscal year

19 2006.

20 MILITARY PERSONNEL, NAVY

21 For an additional amount for ‘‘Military Personnel,

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

23 consequences of Hurricane Katrina and other hurricanes of

24 the 2005 season: Provided, That the amount provided under

25 this heading is designated as an emergency requirement
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1 pursuant to section 402 of H. Con. Res. 95 (109th Con2 gress), the concurrent resolution on the budget for fiscal year

3 2006.

4 MILITARY PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Military Personnel,

6 Marine Corps’’, $3,992,000, for necessary expenses related

7 to 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 MILITARY PERSONNEL, AIR FORCE

14 For an additional amount for ‘‘Military Personnel,

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

16 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 re19 quirement 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, ARMY

23 For an additional amount for ‘‘Reserve Personnel,

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

25 consequences of Hurricane Katrina and other hurricanes of
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1 the 2005 season: Provided, That the amount provided under

2 this heading is designated as an emergency requirement

3 pursuant to section 402 of H. Con. Res. 95 (109th Con4 gress), the concurrent resolution on the budget for fiscal year

5 2006.

6 RESERVE PERSONNEL, NAVY

7 For an additional amount for ‘‘Reserve Personnel,

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

9 consequences of Hurricane Katrina and other hurricanes of

10 the 2005 season: Provided, That the amount provided under

11 this heading is designated as an emergency requirement

12 pursuant to section 402 of H. Con. Res. 95 (109th Con13 gress), the concurrent resolution on the budget for fiscal year

14 2006.

15 RESERVE PERSONNEL, MARINE CORPS

16 For an additional amount for ‘‘Reserve Personnel, Ma17 rine Corps’’, $2,176,000, for necessary expenses related to

18 the consequences of Hurricane Katrina and other hurri19 canes of the 2005 season: Provided, That the amount pro20 vided under this heading is designated as an emergency re21 quirement pursuant to section 402 of H. Con. Res. 95

22 (109th Congress), the concurrent resolution on the budget

23 for fiscal year 2006.
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1 RESERVE PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Reserve Personnel, Air

3 Force’’, $94,000, for necessary expenses related to the con4 sequences of Hurricane Katrina and other hurricanes of the

5 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 NATIONAL GUARD PERSONNEL, ARMY

11 For an additional amount for ‘‘National Guard Per12 sonnel, Army’’, $1,304,000, 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 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 NATIONAL GUARD PERSONNEL, AIR FORCE

20 For an additional amount for ‘‘National Guard Per21 sonnel, Air Force’’, $1,408,000, for necessary expenses re22 lated to the consequences of Hurricane Katrina and other

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

24 provided under this heading is designated as an emergency

25 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 OPERATION AND MAINTENANCE

4 OPERATION AND MAINTENANCE, NAVY

5 For an additional amount for ‘‘Operation and Mainte6 nance, Navy’’, $29,913,000, to remain available until Sep7 tember 30, 2007, for necessary expenses related to the con8 sequences of Hurricane Katrina and other hurricanes of the

9 2005 season: 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 OPERATION AND MAINTENANCE, AIR FORCE

15 For an additional amount for ‘‘Operation and Mainte16 nance, Air Force’’, $37,359,000, to remain available until

17 September 30, 2007, 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 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Navy Reserve’’, $12,755,000, to remain available

4 until September 30, 2007, for necessary expenses related to

5 the consequences of Hurricane Katrina and other hurri6 canes of the 2005 season: 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 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

12 For an additional amount for ‘‘Operation and Mainte13 nance, Air Force Reserve’’, $1,277,000, to remain available

14 until September 30, 2007, for necessary expenses related to

15 the consequences of Hurricane Katrina and other hurri16 canes of the 2005 season: 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 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

22 For an additional amount for ‘‘Operation and Mainte23 nance, Army National Guard’’, $42,307,000, to remain

24 available until September 30, 2007, for necessary expenses

25 related to the consequences of Hurricane Katrina and other
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1 hurricanes of the 2005 season: Provided, That the amount

2 provided under this heading is designated as an emergency

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

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

5 for fiscal year 2006.

6 PROCUREMENT

7 PROCUREMENT OF AMMUNITION, ARMY

8 For an additional amount for ‘‘Procurement of Am9 munition, Army’’, $700,000, to remain available until Sep10 tember 30, 2008, for necessary expenses related to the con11 sequences of Hurricane Katrina and other hurricanes of the

12 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 OTHER PROCUREMENT, ARMY

18 For an additional amount for ‘‘Other Procurement,

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

20 30, 2008, for necessary expenses related to the consequences

21 of Hurricane Katrina and other hurricanes of the 2005 sea22 son: Provided, That the amount provided under this head23 ing is designated as an emergency requirement pursuant

24 to section 402 of H. Con. Res. 95 (109th Congress), the con25 current resolution on the budget for fiscal year 2006.
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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 of

5 Hurricane Katrina and other hurricanes of the 2005 sea6 son: Provided, That the amount provided under this head7 ing is designated as an emergency requirement pursuant

8 to section 402 of H. Con. Res. 95 (109th Congress), the con9 current resolution on the budget for fiscal year 2006.

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For an additional amount for ‘‘Procurement of Am13 munition, Navy and Marine Corps’’, $899,000, to remain

14 available until September 30, 2008, for necessary expenses

15 related 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 SHIPBUILDING AND CONVERSION, NAVY

22 For an additional amount for ‘‘Shipbuilding and Con23 version, Navy’’, $1,025,236,000, to remain available until

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

25 consequences of Hurricane Katrina and other hurricanes of
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1 the 2005 season, which shall be available for transfer within

2 this account to replace destroyed or damaged equipment,

3 prepare and recover naval vessels under contract; and pro4 vide for cost adjustments for naval vessels for which funds

5 have been previously appropriated: Provided, That this

6 transfer authority is in addition to any other transfer au7 thority available to the Department of Defense: Provided

8 further, That the Secretary of Defense shall, not fewer than

9 15 days prior to making transfers within this appropria10 tion, notify the congressional defense committees in writing

11 of the details of any such transfer: Provided further, 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 on

15 the budget for fiscal year 2006.

16 OTHER PROCUREMENT, NAVY

17 For an additional amount for ‘‘Other Procurement,

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

19 30, 2008, 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 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement,

3 Air Force’’, $13,000,000, to remain available until Sep4 tember 30, 2008, for necessary expenses related to the con5 sequences of Hurricane Katrina and other hurricanes of the

6 2005 season: Provided, That the amount provided under

7 this heading is designated as an emergency requirement

8 pursuant to section 402 of H. Con. Res. 95 (109th Con9 gress), the concurrent resolution on the budget for fiscal year

10 2006.

11 PROCUREMENT, DEFENSE-WIDE

12 For an additional amount for ‘‘Procurement, Defense13 Wide’’, $2,797,000, to remain available until September 30,

14 2008, for necessary expenses related to the consequences of

15 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 RESEARCH, DEVELOPMENT, TEST AND

21 EVALUATION

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Navy’’, $12,000,000, to remain

25 available until September 30, 2007, for necessary expenses
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1 related to the consequences of Hurricane Katrina and other

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

3 provided 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 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

8 FORCE

9 For an additional amount for ‘‘Research, Develop10 ment, Test and Evaluation, Air Force’’, $6,250,000, to re11 main available until September 30, 2007, for necessary ex12 penses related to the consequences of Hurricane Katrina

13 and other hurricanes of the 2005 season: 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 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

19 DEFENSE-WIDE

20 For an additional amount for ‘‘Research, Develop21 ment, Test and Evaluation, Defense-Wide’’, $730,000, to re22 main available until September 30, 2007, for necessary ex23 penses related to the consequences of Hurricane Katrina

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

25 the amount provided under this heading is designated as
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1 an emergency requirement pursuant to section 402 of H.

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

3 the budget for fiscal year 2006.

4 REVOLVING AND MANAGEMENT FUNDS

5 DEFENSE WORKING CAPITAL FUNDS

6 For an additional amount for ‘‘Defense Working Cap7 ital Funds’’, $1,222,000, to remain available until Sep8 tember 30, 2006, for necessary expenses related to the con9 sequences of Hurricane Katrina and other hurricanes of the

10 2005 season: Provided, That the amount provided under

11 this heading is designated as an emergency requirement

12 pursuant to section 402 of H. Con. Res. 95 (109th Con13 gress), the concurrent resolution on the budget for fiscal year

14 2006.

15 NATIONAL DEFENSE SEALIFT FUND

16 For an additional amount for ‘‘National Defense Sea17 lift Fund’’, $10,000,000, to remain available until ex18 pended, for necessary expenses related to the consequences

19 of Hurricane Katrina and other hurricanes of the 2005 sea20 son: Provided, That the amount provided under this head21 ing is designated as an emergency requirement pursuant

22 to section 402 of H. Con. Res. 95 (109th Congress), the con23 current resolution on the budget for fiscal year 2006.
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1 TRUST FUNDS

2 GENERAL FUND PAYMENT, SURCHARGE COLLECTIONS,

3 SALES OF COMMISSARY STORES, DEFENSE

4 For an additional amount for ‘‘General Fund Pay5 ment, Surcharge Collections, Sales of Commissary Stores,

6 Defense’’, $10,530,000, to remain available until September

7 30, 2010, for necessary expenses related to the consequences

8 of Hurricane Katrina and other hurricanes of the 2005 sea9 son: 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 OTHER DEPARTMENT OF DEFENSE PROGRAMS

14 DEFENSE HEALTH PROGRAM

15 For an additional amount for ‘‘Defense Health Pro16 gram’’, $33,881,000, to remain available until September

17 30, 2007, for necessary expenses related to the consequences

18 of Hurricane Katrina and other hurricanes of the 2005 sea19 son: 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 OFFICE OF THE INSPECTOR GENERAL

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

25 General’’, $326,000, to remain available until September
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1 30, 2007, for necessary expenses related to the consequences

2 of Hurricane Katrina and other hurricanes of the 2005 sea3 son: Provided, That the amount provided under this head4 ing is designated as an emergency requirement pursuant

5 to section 402 of H. Con. Res. 95 (109th Congress), the con6 current resolution on the budget for fiscal year 2006.

7 GENERAL PROVISIONS—THIS CHAPTER

8 SPECIAL TRANSFER AUTHORITY

9 (TRANSFER OF FUNDS)

10 SEC. 2301. Upon his determination that such action

11 is necessary to ensure the appropriate allocation of funds

12 provided to the Department of Defense in this chapter, the

13 Secretary of Defense may transfer up to $75,000,000, of

14 such funds between such appropriations: Provided, That the

15 Secretary shall notify the Congress promptly of each trans16 fer made pursuant to this authority: Provided further, That

17 the transfer authority provided in this section is in addi18 tion to any other transfer authority available to the Depart19 ment of Defense: Provided further, That the amount made

20 available by the transfer of funds in or pursuant to this

21 section is designated as an emergency requirement pursuant

22 to section 402 of H. Con. Res. 95 (109th Congress), the con23 current resolution on the budget for fiscal year 2006.

24 PROHIBITION OF NEW START PROGRAMS

25 SEC. 2302. None of the funds provided in this chapter

26 may be used to finance programs or activities denied by
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1 Congress in fiscal year 2005 and 2006 appropriations to

2 the Department of Defense or to initiate a procurement or

3 research, development, test and evaluation new start pro4 gram without prior written notification to the congressional

5 defense committees.

6 NAVY SHIPBUILDING COST ADJUSTMENTS

7 SEC. 2303. (a) Amounts appropriated or otherwise

8 made available by this Act, or by chapter 2 of title I of

9 the Emergency Supplemental Appropriations Act to Ad10 dress Hurricanes in the Gulf of Mexico and Pandemic In11 fluenza, 2006 (division B of Public Law 109–148; 119 Stat.

12 2757), under the heading ‘‘Shipbuilding and Conversion,

13 Navy’’ may be obligated and expended to pay the costs of

14 any business disruption incurred by a ship construction

15 contractor with respect to facilities or businesses located in

16 the Hurricane Katrina Disaster Area by reason of Hurri17 cane Katrina.

18 (b) Amounts received by a ship construction contractor

19 under subsection (a) with respect to the costs of business

20 disruption described in that subsection may not be treated

21 as collateral insurance coverage or otherwise treated as pay22 ments which would reduce amounts otherwise payable to

23 the contractor for such costs under any insurance or similar

24 payer plan.

25 (c) The Secretary of the Navy shall adjust any ship26 building contract with a ship construction contractor de-
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1 scribed in subsection (a) in order to take into account the

2 business disruption incurred by the contractor as described

3 in that subsection.

4 (d)(1) In the event a shipbuilding contractor receives

5 payment (whether through insurance or similar payer

6 plan) for costs described in subsection (a) for which the con7 tractor has been paid amounts under that subsection, the

8 contractor shall reimburse the United States for amounts

9 paid under that subsection in the amount of the payment

10 so received by the contractor.

11 (2) Amounts received by the United States as reim12 bursement under paragraph (1) shall be credited to the ac13 count from which payment for the amounts reimbursed

14 were made. Amounts credited to such account shall be

15 merged with amounts in such account, and shall be avail16 able for the same purposes, and subject to the same condi17 tions and limitations, as amounts in such account.

18 (e) In this section, the term ‘‘Hurricane Katrina Dis19 aster Area’’ has the meaning given that term in section

20 1400M(2) of the Internal Revenue Code of 1986.
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1 CHAPTER 4

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 INVESTIGATIONS

6 For an additional amount for ‘‘Investigations’’ for

7 necessary expenses related to the consequences of Hurricane

8 Katrina and other hurricanes of the 2005 season,

9 $45,000,000, to remain available until expended: Provided,

10 That the amount provided under this heading is designated

11 as an emergency requirement pursuant to section 402 of

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

13 on the budget for fiscal year 2006: Provided further, That

14 using $20,000,000 of the funds provided herein, the Sec15 retary of the Army, acting through the Chief of Engineers,

16 is directed, at full Federal expense, to inventory all Federal

17 and non-Federal flood and storm damage reduction

18 projects; develop and test a methodology to assess the struc19 tural and operational integrity of such projects and the as20 sociated risks; and establish and maintain a database of

21 such projects, which shall include information on the struc22 tural and operational integrity of the projects and the par23 ties responsible for operation and maintenance of the

24 projects included therein: Provided further, That
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1 $25,000,000 of the funds provided herein shall be used for

2 Louisiana Coastal Area Restoration studies.

3 For an additional amount for ‘‘Investigations’’ for

4 flood hazard analyses and technical studies related to the

5 consequences of Hurricane Katrina and other disasters,

6 $2,500,000 to remain available until expended: 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: Provided further, That

11 the Secretary of the Army acting through the Chief of Engi12 neers is directed to use funds appropriated herein for dis13 aster and other emergency needs, of which up to $1,000,000

14 is for Flood Plain Management Services for flood hazard

15 and hydrologic investigations in flood prone areas of Ha16 waii; up to $1,250,000 is for the Delta Islands and Levee

17 study in California; and $250,000 is for completion of the

18 CALFED 180-day levee study: Provided further, That the

19 amount shall be available for the studies identified above

20 and only to the extent that an official budget request for

21 a specific dollar amount, that includes designation of the

22 entire amount of the request as an emergency requirement,

23 is transmitted by the President to the Congress.

24 CONSTRUCTION

25 For an additional amount for ‘‘Construction’’ for nec26 essary expenses related to the consequences of Hurricane
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1 Katrina and other hurricanes of the 2005 season,

2 $595,300,000, to remain available until expended, of which

3 up to $100,000,000 may be used to reduce the risk of storm

4 damage to the greater New Orleans metropolitan area, at

5 full Federal expense, by restoring the surrounding wetlands

6 through measures to begin to reverse wetland losses in areas

7 affected by navigation, oil and gas, and other channels and

8 through modification of the Caernarvon Freshwater Diver9 sion structure or its operations; at least $495,300,000 shall

10 be used consistent with the cost-sharing provisions under

11 which the projects were originally constructed to raise levee

12 heights where necessary and otherwise enhance the existing

13 Lake Pontchartrain and Vicinity project and the existing

14 West Bank and Vicinity project to provide the levels of pro15 tection necessary to achieve the certification required for

16 participation in the National Flood Insurance Program

17 under the base flood elevations current at the time of this

18 construction: Provided, That any project using funds ap19 propriated herein shall be initiated only after non-Federal

20 interests have entered into binding agreements with the Sec21 retary of the Army to pay 100 percent of the operation,

22 maintenance, repair, replacement and rehabilitation costs

23 of the project and to hold and save the United States free

24 from damages due to the construction or operation and

25 maintenance of the project, except for damages due to the
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1 fault or negligence of the United States or its contractors:

2 Provided further, That Congress designates this amount as

3 an emergency requirement for these specific purposes: Pro4 vided further, That the amount provided under this heading

5 is designated as an emergency requirement pursuant to sec6 tion 402 of H. Con. Res. 95 (109th Congress), the concur7 rent resolution on the budget for fiscal year 2006.

8 For an additional amount for ‘‘Construction’’ for nec9 essary expenses related to other disasters, $39,000,000, to

10 remain available until expended: 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: Provided further, That the Sec15 retary of the Army acting through the Chief of Engineers

16 is directed to use funds appropriated herein for disaster and

17 other emergency needs, of which up to $7,100,000 is for

18 South Sacramento Streams, California; up to $23,300,000

19 is for the Sacramento River Bank Protection, California;

20 up to $5,100,000 is for American River (Common Fea21 tures), California; up to $1,500,000 is for North Padre Is22 land, Texas; and up to $2,000,000 shall be provided at full

23 Federal expense for the Hawaii water systems technical as24 sistance program: Provided further, That the amount shall

25 be available for the projects identified above and only to
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1 the extent that an official budget request for a specific dollar

2 amount, that includes designation of the entire amount of

3 the request as an emergency requirement, is transmitted by

4 the President to the Congress.

5 OPERATIONS AND MAINTENANCE

6 For an additional amount for ‘‘Operations and Main7 tenance’’ to dredge navigation channels and repair other

8 Corps projects related to the consequences of Hurricane

9 Katrina and other hurricanes of the 2005 season,

10 $3,200,000 to remain available until expended: Provided,

11 That the amount provided under this heading 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: Provided further, That

15 the Secretary of the Army acting through the Chief of Engi16 neers is directed to use funds appropriated herein for dredg17 ing needs along the Texas gulf coast, of which up to

18 $2,000,000 is for Freeport Harbor, Texas; and up to

19 $1,200,000 is for Texas City, Texas: Provided further, That

20 the amount shall be available only for the projects identified

21 above and to the extent that an official budget request for

22 a specific dollar amount, that includes designation of the

23 entire amount of the request as an emergency requirement,

24 is transmitted by the President to the Congress.
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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For an additional amount for ‘‘Flood Control and

3 Coastal Emergencies’’, as authorized by section 5 of the Act

4 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses

5 relating to the consequences of Hurricane Katrina and other

6 hurricanes of the 2005 season, $3,299,000,000, to remain

7 available until expended: Provided, That the Secretary of

8 the Army is directed to use the funds appropriated under

9 this heading to modify, at full Federal expense, authorized

10 projects in southeast Louisiana to provide hurricane and

11 storm damage reduction and flood damage reduction in the

12 greater New Orleans and surrounding areas; of the funds

13 appropriated under this heading, $200,000,000 shall be

14 used for section 2401; $530,000,000 shall be used to modify

15 the 17th Street, Orleans Avenue, and London Avenue drain16 age canals and install pumps and closure structures at or

17 near the lakefront; $250,000,000 shall be used for storm18 proofing interior pump stations to ensure the operability

19 of the stations during hurricanes, storms, and high water

20 events; $170,000,000 shall be used for armoring critical ele21 ments of the New Orleans hurricane and storm damage re22 duction system; $350,000,000 shall be used to improve pro23 tection at the Inner Harbor Navigation Canal;

24 $215,000,000 shall be used to replace or modify certain non25 Federal levees in Plaquemines Parish to incorporate the lev-
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1 ees into the existing New Orleans to Venice hurricane pro2 tection project; and $1,584,000,000 shall be used for rein3 forcing or replacing flood walls, as necessary, in the existing

4 Lake Pontchartrain and vicinity project and the existing

5 West Bank and vicinity project to improve the performance

6 of the systems: Provided further, That any project using

7 funds appropriated under this heading shall be initiated

8 only after non-Federal interests have entered into binding

9 agreements with the Secretary to pay 100 percent of the

10 operation, maintenance, repair, replacement, and rehabili11 tation costs of the project and to hold and save the United

12 States free from damages due to the construction or oper13 ation and maintenance of the project, except for damages

14 due to the fault or negligence of the United States or its

15 contractors: Provided further, 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 fiscal

19 year 2006.

20 For an additional amount for ‘‘Flood Control and

21 Coastal Emergencies’’, as authorized by section 5 of the Act

22 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses

23 relating to those hurricanes and other disasters,

24 $17,500,000, to remain available until expended: Provided,

25 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: Provided further, That

4 the Secretary, acting through the Chief of Engineers, is di5 rected to use funds appropriated under this heading for the

6 restoration of funds for hurricane-damaged projects in the

7 State of Pennsylvania: Provided further, That the amount

8 shall be available for the projects identified above and only

9 to the extent that an official budget request for a specific

10 dollar amount, including a designation of the entire

11 amount of the request as an emergency requirement, is

12 transmitted by the President to Congress.

13 GENERAL PROVISIONS—THIS CHAPTER

14 FLOOD PROTECTION, LOUISIANA

15 SEC. 2401. (a) There shall be made available

16 $200,000,000 for the Secretary of the Army (referred to in

17 this section as the ‘‘Secretary’’) to provide, at full Federal

18 expense—

19 (1) removal of the existing pumping stations on

20 the 3 interior drainage canals in Jefferson and Orle21 ans Parishes and realignment of the drainage canals

22 to direct interior flows to the new permanent pump

23 stations to be constructed at Lake Pontchartrain;
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1 (2) repairs, replacements, modifications, and im2 provements of non-Federal levees and associated pro3 tection measures—

4 (A) in areas of Terrebonne Parish; and

5 (B) on the east bank of the Mississippi

6 River in Plaquemines Parish, Louisiana; and

7 (3) for armoring the hurricane and storm dam8 age reduction system in south Louisiana.

9 (4) A project under this section shall be initiated

10 only after non-Federal interests have entered into

11 binding agreements with the Secretary to pay 100

12 percent of the operation and maintenance costs of the

13 project and to hold and save the United States free

14 from damages due to the construction or operation

15 and maintenance of the project, except for damages

16 due to the fault or negligence of the United States or

17 its contractors.

18 (5) Not later than 60 days after the date of en19 actment of this Act the Secretary in consultation with

20 Plaquemines Parish and the State of Louisiana shall

21 submit to Congress a report detailing a modified plan

22 regarding levels of protection for lower Plaquemines

23 Parish, Louisiana, relating to hurricane protection

24 with a focus on—

25 (A) protecting densely populated areas;
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1 (B) energy infrastructure;

2 (C) structural and nonstructural coastal

3 barriers and protection;

4 (D) port facilities; and

5 (E) the long-term maintenance and protec6 tion of the deep draft navigation channel on the

7 Mississippi River, not including the Mississippi

8 River-Gulf Outlet.

9 (6) Not later than 30 days after the date of en10 actment of this Act, the Secretary shall offer to enter

11 into a contract with the National Academies to pro12 vide to the Secretary a report, by not later than 90

13 days after the date of enactment of this Act, describ14 ing, for the period beginning on the date on which the

15 individual system components for hurricane and

16 storm damage reduction was constructed and ending

17 on the date on which the report is prepared, the dif18 ference between—

19 (A) the portion of the vertical depreciation

20 of the system that is attributable to design and

21 construction flaws, taking into consideration the

22 settling of levees and floodwalls or subsidence;

23 and

24 (B) the portion of that depreciation that is

25 attributable to the application of new storm data
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1 that may require a higher level of vertical protec2 tion in order to comply with 100-year floodplain

3 certification and standard protect hurricane.

4 (7) The Secretary of the Army, acting through

5 the Chief of Engineers, shall use $3,500,000 within

6 the funds provided in Sec. 2401(a) to develop a com7 prehensive plan, at full Federal expense, to, at a min8 imum, deauthorize deep draft navigation on the Mis9 sissippi River-Gulf Outlet established by Public Law

10 84–455 (70 Stat. 65, chapter 112) (referred to in this

11 matter as the ‘‘Outlet’’), extending from the Gulf of

12 Mexico to the Gulf Intracoastal Waterway, and ad13 dress wetland losses attributable to the Outlet, channel

14 bank erosion, hurricane and storm protection, salt15 water intrusion, navigation, ecosystem restoration,

16 and related issues: Provided, That the plan shall in17 clude recommended authorization modifications to the

18 Outlet regarding what, if any, navigation should con19 tinue, measures to provide hurricane and storm pro20 tection, prevent saltwater intrusion, and re-establish

21 the storm buffering properties and ecological integrity

22 of the wetland damaged by construction and oper23 ation of the Outlet, and complement restoration of

24 coastal Louisiana: Provided further, That the Sec25 retary shall develop the plan in consultation with the
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1 Parish of St. Bernard, Louisiana, the State of Lou2 isiana, the Secretary of the Interior, the Secretary of

3 Commerce, the Administrator of the Environmental

4 Protection Agency, and the National Academy of

5 Sciences: Provided further, That the Secretary shall

6 seek input, review, and comment from the public and

7 the scientific community for incorporation into the

8 interim plan: Provided further, That the Secretary

9 shall ensure that an independent panel of experts es10 tablished by the National Academy of Sciences re11 views and provides written comments for incorpora12 tion into the interim plan: Provided further, That,

13 not later than 6 months after the date of enactment

14 of this Act, the Secretary shall submit an interim re15 port to Congress comprising the plan, the written

16 comments of the independent panel of experts, and the

17 written explanation of the Secretary for any rec18 ommendation of the independent panel of experts not

19 adopted in the plan: Provided further, That the Sec20 retary shall refine the plan, if necessary, to be fully

21 consistent, integrated, and included in the final tech22 nical report to be issued in December 2007 pursuant

23 to the matter under the heading ‘‘INVESTIGATIONS’’

24 under the heading ‘‘CORPS OF ENGINEERS—CIVIL’’ of

25 title I of the Energy and Water Development Appro-
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1 priations Act, 2006 (Public Law 109–103, 119 Stat.

2 2247; Public Law 109–148, 119 Stat. 2814): Provided

3 further, That the amount provided under this heading

4 is designated as an emergency requirement pursuant

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

6 the concurrent resolution on the budget for fiscal year

7 2006: Provided further, That for the projects identi8 fied in the report on the Mississippi River-Gulf Outlet

9 due by December 2007, required by this section, the

10 Secretary shall submit such reports to the Senate En11 vironment and Public Works Committee and House

12 Transportation and Infrastructure Committee: Pro13 vided further, That upon adoption of a resolution au14 thorizing the project by each committee, the Secretary

15 shall be authorized to construct such projects.

16 (8) The amounts provided under this heading

17 are designated as an emergency requirement pursuant

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

19 the concurrent resolution on the budget for fiscal year

20 2006.

21 SEC. 2402 USE OF UNEXPENDED FUNDS. (a) IN GEN22 ERAL.—Notwithstanding any other provision of law,

23 amounts made available to the State of Oklahoma or agen24 cies or authorities therein (referred to in this section as the

25 ‘‘State’’) before the date of enactment of this Act for general
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1 remediation activities being conducted in the vicinity of the

2 Tar Creek Superfund Site in northeastern Oklahoma and

3 in Ottawa County, Oklahoma, that remain unexpended as

4 of the date of enactment of this Act are authorized to be

5 used by the State to assist individuals and entities in re6 moval from areas at risk or potential risk of damage caused

7 by land subsidence as determined by the State.

8 (b) USE OF UNEXPENDED FUNDS.—The use of

9 unexpended funds in accordance with subsection

10 (a)—

11 (1) shall not be subject to the Uniform Relocation As12 sistance and Real Property Acquisition Policies Act of 1970

13 (42 U.S.C. 4601 et seq.);

14 (2) may include any general remediation activities de15 scribed in section (a) determined to be appropriate by the

16 State, including the buyout of 1 or more properties to facili17 tate a removal described in subsection (a).

18 CHAPTER 5

19 DEPARTMENT OF HOMELAND SECURITY

20 CUSTOMS AND BORDER PROTECTION

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’ for necessary expenses related to the consequences

24 of Hurricane Katrina and other hurricanes of the 2005 sea25 son, $12,900,000: Provided, That the amount provided
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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 fiscal

4 year 2006.

5 CONSTRUCTION

6 For an additional amount for ‘‘Construction’’ for nec7 essary expenses related to the consequences of Hurricane

8 Katrina and other hurricanes of the 2005 season,

9 $4,800,000, to remain available until expended: Provided,

10 That the amount provided under this heading is designated

11 as an emergency requirement pursuant to section 402 of

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

13 on the budget for fiscal year 2006.

14 UNITED STATES COAST GUARD

15 OPERATING EXPENSES

16 (INCLUDING TRANSFERS OF FUNDS)

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

18 for necessary expenses related to the consequences of Hurri19 cane Katrina and other hurricanes of the 2005 season,

20 $90,570,900, to remain available until September 30, 2007,

21 of which up to $267,000 may be transferred to ‘‘Environ22 mental Compliance and Restoration’’ to be used for envi23 ronmental cleanup and restoration of Coast Guard facilities

24 in the Gulf of Mexico region; and of which up to $470,000

25 may be transferred to ‘‘Research, Development, Test and

26 Evaluation’’ to be used for salvage and repair of research
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1 and development equipment and facilities: Provided, That

2 the amounts provided under this heading are designated as

3 an emergency requirement pursuant to section 402 of H.

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

5 the budget for fiscal year 2006.

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 For an additional amount for ‘‘Acquisition, Construc8 tion, and Improvements’’ for necessary expenses related to

9 the consequences of Hurricane Katrina and other hurri10 canes of the 2005 season, $191,844,000, to remain available

11 until expended: Provided, That such amounts shall be avail12 able for major repair and reconstruction projects for facili13 ties that were damaged and for damage to vessels currently

14 under construction, for the replacement of damaged equip15 ment, and for the reimbursement of delay, loss of efficiency,

16 disruption, and related costs: Provided further, That

17 amounts provided are also for equitable adjustments and

18 provisional payments to contracts for Coast Guard vessels

19 for which funds have been previously appropriated: Pro20 vided further, That the amount provided under this heading

21 is 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.
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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 ADMINISTRATIVE AND REGIONAL OPERATIONS

3 For an additional amount for ‘‘Administrative and

4 Regional Operations’’ for necessary expenses related to the

5 consequences of Hurricane Katrina and other hurricanes of

6 the 2005 season, $71,800,000, to remain available until ex7 pended: Provided, 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 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

12 For an additional amount for ‘‘Preparedness, Mitiga13 tion, Response, and Recovery’’ for necessary expenses re14 lated to the consequences of Hurricane Katrina and other

15 hurricanes of the 2005 season, $10,000,000, to remain

16 available until expended: 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 DISASTER RELIEF

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

23 necessary expenses under the Robert T. Stafford Disaster

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

25 seq.), $10,400,000,000, to remain available until expended:

26 Provided, That for States in which the President declared
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1 a major disaster (as that term is defined in section 102

2 of the Robert T. Stafford Disaster Relief and Emergency

3 Assistance Act (42 U.S.C. 5122)) on September 24, 2005,

4 as a result of Hurricane Rita, each county or parish eligible

5 for individual and public assistance under such declaration

6 in such States will be treated equally for purposes of cost7 share adjustments under such Act, to account for the impact

8 in those counties and parishes of Hurricanes Rita and

9 Katrina: Provided further, 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: Provided further, That any charter school, as that

14 term is defined in section 5210 of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 722(i)), regard16 less of whether the facility of such charter school is privately

17 or publicly owned, shall be considered for reimbursement

18 for damages incurred to public schools due to the effects of

19 Hurricane Katrina or Hurricane Rita: Provided further,

20 That if the facility that houses the charter school is pri21 vately owned, then such facility shall reimburse FEMA for

22 any improvements or repairs made to the facility that

23 would not otherwise have been reimbursed by FEMA but

24 for the existence of the charter school, if such charter school

25 vacates such facility before the end of 5 years following com-
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1 pletion of construction and approved inspection by a gov2 ernment entity, unless it is replaced by another charter

3 school during that 5-year period.

4 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

5 For an additional amount for ‘‘Disaster Assistance Di6 rect Loan Program Account’’ for the cost of direct loans

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

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

9 5184), $301,000,000, to be used to assist local governments

10 affected by Hurricane Katrina and other hurricanes of the

11 2005 season in providing essential services, of which

12 $1,000,000 is for administrative expenses to carry out the

13 direct loan program: Provided, That such funds may be

14 made to subsidize gross obligations for the principal

15 amount of direct loans not to exceed $400,000,000: Provided

16 further, That notwithstanding section 417(b) of such Act,

17 the amount of any such loan issued pursuant to this section

18 may exceed $5,000,000, and may be equal to not more than

19 50 percent of the annual operating budget of the local gov20 ernment in any case in which that local government has

21 suffered a loss of 25 percent or more in tax revenues due

22 to Hurricane Katrina or Hurricane Rita of 2005: Provided

23 further, That notwithstanding section 417(c)(1) of such Act,

24 such loans may not be canceled: Provided further, That the

25 cost of modifying such loans shall be as defined in section

26 502 of the Congressional Budget Act of 1974 (2 U.S.C.
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1 661a): Provided further, That the amounts provided under

2 this heading are designated as an emergency requirement

3 pursuant to section 402 of H. Con. Res. 95 (109th Con4 gress), the concurrent resolution on the budget for fiscal year

5 2006.

6 GENERAL PROVISIONS—THIS CHAPTER

7 FEDERAL EMERGENCY MANAGEMENT AGENCY

8 SEC. 2501. The Federal Emergency Management Agen9 cy may provide funds to a State or local government or,

10 as necessary, assume an existing agreement from such unit

11 of government, to pay for utility costs resulting from the

12 provision of temporary housing units to evacuees from Hur13 ricane Katrina and other hurricanes of the 2005 season if

14 the State or local government has previously arranged to

15 pay for such utilities on behalf of the evacuees for the term

16 of any leases, not to exceed 12 months, contracted by or

17 prior to February 7, 2006: Provided, That the Federal share

18 of the costs eligible to be paid shall be 100 percent.

19 NATIONAL FLOOD INSURANCE FUND

20 SEC. 2502. (a) Title III of Public Law 109–90 (119

21 Stat. 2079) is amended under the heading ‘‘National Flood

22 Insurance Fund’’ by striking in the proviso ‘‘$30,000,000’’

23 and inserting ‘‘such sums as necessary, not to exceed

24 $1,000,000,000,’’.

25 (b) The provisions of this section are designated as an

26 emergency requirement pursuant to section 402 of H. Con.
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1 Res. 95 (109th Congress), the concurrent resolution on the

2 budget for fiscal year 2006.

3 HOUSING PILOT PROGRAM

4 SEC. 2503. Notwithstanding any other provision of

5 law, the Secretary of Homeland Security shall consider eli6 gible under the Federal Emergency Management Agency In7 dividual Assistance Program the costs sufficient for alter8 native housing pilot programs in the areas hardest hit by

9 Hurricane Katrina and other hurricanes of the 2005 sea10 son: Provided, That the Secretary of Homeland Security

11 shall submit for approval a proposal and an expenditure

12 plan for the alternative housing pilot program to the Com13 mittees on Appropriations of the Senate and House of Rep14 resentatives within forty-five days from the date of enact15 ment of this Act: Provided further, That no State shall host

16 more than one alternative housing pilot program.

17 CHAPTER 6

18 DEPARTMENT OF THE INTERIOR

19 UNITED STATES FISH AND WILDLIFE SERVICE

20 CONSTRUCTION

21 For an additional amount for ‘‘Construction’’ for nec22 essary expenses related to the consequences of Hurricane

23 Katrina and other hurricanes of the 2005 season,

24 $132,400,000, to remain available until expended: Pro25 vided, That the amount provided under this heading is des26 ignated as an emergency requirement pursuant to section
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1 402 of H. Con. Res. 95 (109th Congress), the concurrent

2 resolution on the budget for fiscal year 2006.

3 NATIONAL PARK SERVICE

4 HISTORIC PRESERVATION FUND

5 For an additional amount for ‘‘Historic Preservation

6 Fund’’ for necessary expenses related to the consequences of

7 Hurricane Katrina and other hurricanes of the 2005 sea8 son, $83,000,000, to remain available until expended: Pro9 vided, That of the funds provided under this heading,

10 $80,000,000 shall be provided to State historical preserva11 tion officers for grants for disaster relief in areas of Lou12 isiana, Mississippi, and Alabama impacted by Hurricanes

13 Katrina or Rita: Provided further, That grants shall be for

14 the preservation, stabilization, rehabilitation, and repair of

15 historic houses and designated ‘‘Main Street’’ commercial

16 properties listed in or eligible for the National Register of

17 Historic Places, for planning and technical assistance: Pro18 vided further, That grants shall only be available for areas

19 that the President determines to be a major disaster under

20 section 102(2) of the Robert T. Stafford Disaster Relief and

21 Emergency Assistance Act (42 U.S.C. 5122(2)) due to Hur22 ricanes Katrina or Rita: Provided further, That individual

23 grants shall not be subject to a non-Federal matching re24 quirement: Provided further, That no more than 5 percent

25 of funds provided under this heading for disaster relief
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1 grants may be used for administrative expenses: Provided

2 further, That of the amount provided under this heading

3 for disaster relief grants, $37,500,000 shall be for the State

4 of Louisiana, $37,500,000 shall be for the State of Mis5 sissippi, and $5,000,000 shall be for the State of Alabama:

6 Provided further, That the amounts provided under this

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

9 concurrent resolution on the budget for fiscal year 2006.

10 CONSTRUCTION

11 For an additional amount for ‘‘Construction’’ for nec12 essary expenses related to the consequences of Hurricane

13 Katrina and other hurricanes of the 2005 season,

14 $55,400,000, to remain available until expended: Provided,

15 That the amount provided under this heading is designated

16 as an emergency requirement pursuant to section 402 of

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

18 on the budget for fiscal year 2006.

19 UNITED STATES GEOLOGICAL SURVEY

20 SURVEYS, INVESTIGATIONS, AND RESEARCH

21 For an additional amount for ‘‘Surveys, Investiga22 tions, and Research’’ for necessary expenses related to the

23 consequences of Hurricane Katrina and other hurricanes of

24 the 2005 season and for repayment of advances to other ap25 propriation accounts from which funds were transferred for

26 such purposes, $10,200,000, to remain available until ex-
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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 MINERALS MANAGEMENT SERVICE

6 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

7 For an additional amount for ‘‘Royalty and Offshore

8 Minerals Management’’ for necessary expenses related to the

9 consequences of Hurricane Katrina and other hurricanes of

10 the 2005 season and for repayment of advances to other ap11 propriation accounts from which funds were transferred for

12 such purposes, $15,000,000, to remain available until Sep13 tember 30, 2007: Provided, That the amount provided under

14 this heading is designated as an emergency requirement

15 pursuant to section 402 of H. Con. Res. 95 (109th Con16 gress), the concurrent resolution on the budget for fiscal year

17 2006.

18 ENVIRONMENTAL PROTECTION AGENCY

19 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

20 For an additional amount for ‘‘Environmental Pro21 grams and Management’’ for necessary expenses related to

22 the consequences of Hurricane Katrina and other hurri23 canes of the 2005 season, $6,000,000, to remain available

24 until September 30, 2007: Provided, That the amount pro25 vided under this heading is designated as an emergency re-
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1 quirement pursuant to section 402 of H. Con. Res. 95

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

3 for fiscal year 2006.

4 LEAKING UNDERGROUND STORAGE TANK PROGRAM

5 For an additional amount for ‘‘Leaking Underground

6 Storage Tank Program’’ for necessary expenses related to

7 the consequences of Hurricane Katrina and other hurri8 canes of the 2005 season, $7,000,000, to remain available

9 until September 30, 2007: Provided, That the amount pro10 vided under this heading is designated as an emergency re11 quirement pursuant to section 402 of H. Con. Res. 95

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

13 for fiscal year 2006.

14 DEPARTMENT OF AGRICULTURE

15 FOREST SERVICE

16 NATIONAL FOREST SYSTEM

17 For an additional amount for the ‘‘National Forest

18 System’’ for necessary expenses, $50,000,000, to remain

19 available until expended: Provided, That the amount pro20 vided under this heading is designated as an emergency re21 quirement pursuant to section 402 of H. Con. Res. 95

22 (109th Congress), the concurrent resolution on the budget

23 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 December 31, 2006, for part A of title V of the Elementary

5 and Secondary Education Act of 1965 (‘‘ESEA’’) for allo6 cations to States for necessary expenses in the 2006–2007

7 academic year related to the consequences of Hurricanes

8 Katrina and Rita: Provided further, That, notwithstanding

9 the allotment formula described in section 5111 of the

10 ESEA, funds made available in the preceding proviso shall

11 be allocated to each eligible State educational agency on the

12 basis of its relative share of displaced students (as that term

13 is defined in section 107(b)(1) of title IV of division B of

14 Public Law 109–148) enrolled on October 1, 2006, provided

15 that the number of displaced students enrolled in public and

16 private elementary schools and secondary schools in the

17 State is not less than 1 percent of the total fourth quarter

18 displaced student enrollment count of the 2005–2006 aca19 demic year: Provided further, That, notwithstanding the al20 location formula described in section 5112 of the ESEA,

21 each State educational agency shall make 100 percent of

22 funds available under such proviso to local educational

23 agencies on the basis of each local educational agency’s rel24 ative share of displaced students on October 1, 2006: Pro25 vided further, That such local educational agencies shall use
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1 such funds in accordance with sections 5131 and 5142 of

2 the ESEA: Provided further, that the amount provided

3 under this heading is designated as an emergency require4 ment pursuant to section 402 of H. Con. Res. 95 (109th

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

6 year 2006.

7 For the principal amount of direct loans, as authorized

8 under section 2701 of title II of this Act, made not later

9 than 60 days after the enactment of this Act for necessary

10 expenses related to the consequences of Hurricane Katrina

11 and other hurricanes of the 2005 season, $300,000,000.

12 For the cost of direct loans, including the cost of modi13 fying loans as defined in section 502 of the Congressional

14 Budget Act of 1974, $200,000,000, to remain available until

15 expended: 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 Hereafter, the loan level established under this heading

20 shall be considered an estimate, not a limitation.

21 For an additional amount under part B of title VII

22 of the Higher Education Act of 1965 for institutions of

23 higher education (as defined in section 102 of that Act) that

24 are located in an area in which a major disaster has been

25 declared in accordance with section 401 of the Robert T.
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1 Stafford Disaster Relief and emergency Assistance Act re2 lated to hurricanes in the Gulf of Mexico in calendar year

3 2005, $30,000,000 for hurricane related costs: Provided,

4 That the amount provided under this heading is designated

5 as an emergency requirement pursuant to section 402 of

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

7 on the budget for fiscal year 2006.

8 RELATED AGENCIES

9 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

10 NATIONAL AND COMMUNITY SERVICE PROGRAMS,

11 OPERATING EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for the Corporation for Na14 tional and Community Service (the ‘‘Corporation’’) for nec15 essary expenses related to the consequences of Hurricane

16 Katrina and other hurricanes of the 2005 season,

17 $20,000,000, to remain available until September 30, 2007:

18 Provided, That the funds made available under this heading

19 shall be available for the Civilian Community Corps au20 thorized under subtitle E of title I of the National and Com21 munity Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12611

22 et seq.): Provided further, That the Corporation may trans23 fer funds from the amount provided under the first proviso

24 to the National Service Trust authorized under subtitle D

25 of title I of the Act (42 U.S.C. 12601) upon determination

26 that such transfer is necessary to support the activities of
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1 Civilian Community Corps participants and after notice

2 is transmitted to Congress: Provided further, That the

3 amount provided under this heading is designated as an

4 emergency requirement pursuant to section 402 of H. Con.

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

6 budget for fiscal year 2006.

7 SOCIAL SECURITY ADMINISTRATION

8 OFFICE OF INSPECTOR GENERAL

9 For an additional amount for ‘‘Office of Inspector

10 General’’, $277,000, to remain available until September

11 30, 2007, for necessary expenses related to the consequences

12 of Hurricane Katrina and other hurricanes of the 2005 sea13 son: Provided, That the amount provided under this head14 ing is designated as an emergency requirement pursuant

15 to section 402 of H. Con. Res. 95 (109th Congress), the con16 current resolution on the budget for fiscal year 2006.

17 GENERAL PROVISIONS—THIS CHAPTER

18 DEPARTMENT OF EDUCATION—HURRICANE EDUCATION

19 RECOVERY

20 SEC. 2701. (a) AUTHORIZATION OF PROGRAM.—The

21 Secretary of Education shall establish an Education Relief

22 Loan Program that includes amounts appropriated under

23 chapter 7 of title II of this Act and provides from such

24 amounts funds for long-term, low-interest direct loans to eli25 gible postsecondary educational institutions for direct or in-
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1 direct losses incurred on or after August 28, 2005, resulting

2 from the impact of Hurricanes Katrina and Rita, and re3 covery initiatives of such institutions.

4 (b) ELIGIBILITY.—In this section, the term ‘‘eligible

5 postsecondary educational institution’’ means—

6 (1) a public postsecondary educational institu7 tion that was forced to suspend operations due to the

8 impact of Hurricanes Katrina and Rita and has not

9 been able to reopen in existing facilities or fully re10 open to the levels that existed before the impact of

11 such hurricanes;

12 (2) a private, nonprofit postsecondary edu13 cational institution that was forced to suspend oper14 ations due to the impact of such hurricanes and has

15 not been able to reopen in existing facilities or fully

16 reopen to the levels that existed before the impact of

17 such hurricanes; or

18 (3) a public or private school of medicine that

19 was forced to suspend operations due to the impact of

20 such hurricanes and has not been able to reopen in

21 existing facilities or fully reopen to the levels that ex22 isted before the impact of such hurricanes.

23 (c) REQUIREMENTS FOR ASSISTANCE DUE TO

24 LOSSES.—
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1 (1) IN GENERAL.—An eligible postsecondary edu2 cational institution that desires to receive assistance

3 under this section shall—

4 (A) submit a sworn financial statement and

5 other appropriate data, documentation, or other

6 evidence requested by the Secretary of Education

7 that indicates that the institution incurred losses

8 resulting from the impact of Hurricanes Katrina

9 and Rita and the monetary amount of such

10 losses;

11 (B) demonstrate that the institution at12 tempted to minimize the cost of any losses by

13 pursuing collateral source compensation from the

14 Federal Emergency Management Agency, the

15 Small Business Administration, and insurance

16 prior to seeking assistance under this section;

17 and

18 (C) demonstrate that the institution has not

19 been able to reopen in existing facilities or fully

20 reopen to the levels that existed before the impact

21 of such hurricanes.

22 (2) NO REQUIREMENT THAT INSTITUTION RE23 CEIVE COLLATERAL SOURCE COMPENSATION.—An eli24 gible postsecondary educational institution shall be el25 igible for a loan under this section regardless of
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1 whether or not such institution received collateral

2 source compensation from the Federal Emergency

3 Management Agency, the Small Business Administra4 tion, or insurance.

5 (d) USE OF ASSISTANCE.—Assistance received by an

6 eligible postsecondary educational institution pursuant to

7 this section may be used for—

8 (1) direct and indirect construction cost and

9 clean-up resulting from Hurricanes Katrina and

10 Rita;

11 (2) faculty salaries and incentives for retaining

12 faculty; and

13 (3) costs of lost tuition, revenue, and enrollment.

14 (e) AUDIT.—The Secretary of Education and the

15 Comptroller General of the United States may audit a state16 ment submitted under subsection (c)(1)(A) and may request

17 any information that the Secretary of Education and

18 Comptroller General determine necessary to conduct such

19 an audit.

20 (f) REDUCTION IN ASSISTANCE.—In calculating assist21 ance to eligible postsecondary educational institutions

22 under this section, the Secretary of Education shall cal23 culate a figure that reduces from the monetary amount of

24 losses incurred by such institution, only the amount of col25 lateral source compensation the institution has already re-
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1 ceived from insurance, the Federal Emergency Management

2 Agency, and the Small Business Administration.

3 (g) REGULATIONS.—Not later than 30 days after the

4 date of enactment of this section, the Secretary of Education

5 shall establish terms for the long-term, low-interest direct

6 loan program and procedures for an application for assist7 ance under this section and minimum requirements for the

8 program and for receiving assistance under this section, in9 cluding the following:

10 (1) Forms to be used in submitting request for

11 assistance.

12 (2) Procedures to assist in filing and pursing as13 sistance.

14 (3) Loan repayment and interest rate procedures

15 and requirements, as specified by the Secretary of

16 Education and in accordance with the published rule

17 of October 18, 2005 (44 C.F.R. 206.370–377), imple18 menting the Community Disaster Loan Act of 2005

19 (Public Law 109–88).

20 HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

21 FINANCING PROGRAM

22 SEC. 2702. (a) In this section:

23 (1) The term ‘‘affected institution’’ means an in24 stitution of higher education that is—
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1 (A) a part B institution, as such term is

2 defined in section 322 of the Higher Education

3 Act of 1965 (20 U.S.C. 1061); and

4 (B) located in an area affected by a Gulf

5 hurricane disaster.

6 (2) The terms ‘‘area affected by a Gulf hurricane

7 disaster’’ and ‘‘Gulf hurricane disaster’’ have the

8 meanings given such terms in section 209 of the

9 Higher Education Hurricane Relief Act of 2005

10 (Public Law 109–148, 119 Stat. 2809).

11 (b) Notwithstanding any other provision of law (unless

12 enacted with specific reference to this section), the Secretary

13 of Education is authorized to waive or modify, as the Sec14 retary determines is necessary, any statutory or regulatory

15 provision related to historically Black college and univer16 sity capital financing under part D of title III of the High17 er Education Act of 1965 (20 U.S.C. 1066 et seq.), in con18 nection with a Gulf hurricane disaster, to ensure that—

19 (1) the calculation of financing need under sec20 tion 343 of such Act (20 U.S.C. 1066b) for an affected

21 institution is modified to reflect any changes in the

22 financial condition of the institution as a result of the

23 Gulf hurricane disaster; and

24 (2) an affected institution that was not receiving

25 assistance under such part before the Gulf hurricane
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1 disaster is eligible to apply for capital financing to

2 assist in institutional recovery from the Gulf hurri3 cane disaster.

4 (c)(1) Notwithstanding section 343(b)(1) or any other

5 provision of title III of the Higher Education Act of 1965

6 (20 U.S.C. 1066b(b)(1), 1051 et seq.), in carrying out sec7 tion 343 of such Act, a designated bonding authority shall

8 withhold not more than 1 percent for the cost of issuance

9 from the proceeds of qualified bonds that are loaned to an

10 affected institution.

11 (2) Notwithstanding section 343(b)(3) or any other

12 provision of title III of the Higher Education Act of 1965

13 (20 U.S.C. 1066b(b)(3), 1051 et seq.), the interest rate

14 charged for a loan issued under part D of title III of such

15 Act, after the date of enactment of this Act and with respect

16 to an affected institution, shall be a rate of 1 percent for

17 the period of the loan.

18 (3) Notwithstanding any other provision of title III

19 of the Higher Education Act of 1965 (20 U.S.C. 1051 et

20 seq.), the requirements of section 343(b)(8) and 343(c)(2)

21 of such Act (20 U.S.C. 1066(b)(8)) shall not apply with re22 spect to an affected institution receiving a loan under part

23 D of title III of such Act (20 U.S.C. 1066 et seq.).

24 (d) Notwithstanding any provision of title III of the

25 Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or
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1 any regulation promulgated under such title, the Secretary

2 of Education shall grant a deferment, for a period of not

3 more than 3 years, to an affected institution who has re4 ceived a loan under part D of title III of such Act (20

5 U.S.C. 1066 et seq.). During the deferment period granted

6 under this subsection, the affected institution shall not be

7 required to pay any periodic installment of principal re8 quired under the loan agreement for such loan, and interest

9 on such loan shall not accrue for the period of the deferment.

10 (e)(1) Except as provided in paragraph (2), the au11 thority provided under this section to enter into, or modify

12 or waive the terms of, a loan agreement or insurance agree13 ment under part D of title III of the Higher Education

14 Act of 1965 (20 U.S.C. 1066 et seq.), or to grant a loan

15 deferment under subsection (d), shall terminate 1 year after

16 the date of enactment of this Act.

17 (2) Any provision of a loan agreement or insurance

18 agreement modified or waived by the authority under this

19 section shall remain so modified or waived for the duration

20 of the period covered by the loan agreement or insurance

21 agreement.

22 (f) The amount provided in this section is 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 USE OF SUPPLEMENTAL HIGHER EDUCATION ACT FUNDS

2 SEC. 2703. Funds available to the Mississippi Insti3 tutes of Higher Learning under the heading ‘‘Department

4 of Education’’ in Public Law 109–148 may be used to sup5 port activities authorized by part B of title VII of the High6 er Education Act of 1965, as determined necessary by the

7 Mississippi Institutes of Higher Learning: Provided, That

8 the amount provided under this section 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 (TRANSFER OF FUNDS)

14 SEC. 2704. Of the funds made available under the

15 heading ‘‘Disaster Relief’’ under the heading ‘‘Federal

16 Emergency Management Agency’’ in chapter 5 of this title,

17 $38,000,000 is hereby transferred to the Social Security Ad18 ministration for necessary expenses and direct or indirect

19 losses related to the consequences of Hurricane Katrina and

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

21 amount transferred by this section is designated as an

22 emergency requirement pursuant to section 402 of H. Con.

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

24 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-
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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, $12,000,000 may be available

9 for environmental cleanup and removal of debris from De10 partment of Veterans Affairs land in Gulfport, Mississippi:

11 Provided further, That of that amount, $50,000,000 shall

12 be available for any purpose for which funds in the ‘Con13 struction, Major Projects’ account are available under law:

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), the

17 concurrent resolution on the budget for fiscal year 2006.

18 RELATED AGENCY

19 ARMED FORCES RETIREMENT HOME

20 MAJOR CONSTRUCTION

21 For an additional amount for ‘‘Major Construction’’

22 for necessary expenses related to the consequences of Hurri23 cane Katrina and other hurricanes of the 2005 season,

24 $176,000,000, to remain available until expended: Pro25 vided, That such funds may be obligated or expended for
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1 planning and design and construction projects not other2 wise authorized by law: Provided further, That these funds

3 shall be used for the planning and design and construction

4 of a new Armed Forces Retirement Home in Gulfport, Mis5 sissippi: Provided further, 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 GENERAL PROVISIONS—THIS CHAPTER

11 MILITARY CONSTRUCTION

12 (WAIVER OF LIMITATION)

13 SEC. 2801. The limitation of Federal contribution es14 tablished under section 18236(b) of title 10 is hereby waived

15 for projects appropriated in this chapter.

16 DEPARTMENT OF VETERANS AFFAIRS

17 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

18 SEC. 2802. (a) Of the amounts made available in chap19 ter 7 of the title I of division B of Public Law 109–148,

20 ‘‘Department of Veterans Affairs’’, ‘‘Veterans Health Ad21 ministration’’, ‘‘Medical Services’’, $198,265,000 are hereby

22 rescinded.

23 (b) For an additional amount for ‘‘Department of Vet24 erans Affairs’’, ‘‘Veterans Health Administration’’, ‘‘Med25 ical Services’’, $198,265,000, to remain available until ex-
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1 pended, for necessary expenses related to the consequences

2 of hurricanes in the Gulf of Mexico in calendar year 2005.

3 (c) The funds made available in subsection (b) may

4 be transferred to the ‘‘Department of Veterans Affairs’’,

5 ‘‘Veterans Health Administration’’, ‘‘Medical Services’’,

6 ‘‘Medical Administration’’, ‘‘Medical Facilities’’, ‘‘Depart7 mental Administration’’, ‘‘Construction, Minor Projects’’,

8 and ‘‘Information Technology Systems’’ accounts as re9 quired.

10 (d) Not less than 15 days prior to making any such

11 transfer as authorized under subsection (c), the Department

12 shall notify the Committees on Appropriations of both

13 Houses of Congress.

14 (e) This section 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 DEPARTMENT OF VETERANS AFFAIRS

19 LAND TRANSFER

20 SEC. 2803. Notwithstanding any other provision of

21 law, within six months of enactment of this Act, the Sec22 retary of Veterans Affairs is authorized and directed to

23 cleanup and transfer all land parcels of the Department’s

24 land in Gulfport, Mississippi to the city of Gulfport, Mis25 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 Navy, act26 ing through the Naval Facilities Engineering Command,
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1 shall be the agent for all matters with regard to the plan2 ning, design, construction, and contract administration re3 lated to the construction of the new Armed Forces Retire4 ment Home: Provided further, That the amount provided

5 or otherwise made available under this section is designated

6 as an emergency requirement pursuant to section 402 of

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

8 on the budget for fiscal year 2006.

9 CHAPTER 9

10 DEPARTMENT OF TRANSPORTATION

11 FEDERAL HIGHWAY ADMINISTRATION

12 FEDERAL-AID HIGHWAYS

13 EMERGENCY RELIEF PROGRAM

14 For an additional amount for ‘‘Emergency relief pro15 gram’’ as authorized under 23 U.S.C. 125, $594,000,000,

16 to remain available until expended, to be made available

17 to carry out projects eligible for reimbursement under 23

18 U.S.C. 125 not otherwise funded in other Appropriations

19 Acts and identified under ‘‘Total Backlog’’ in the Federal

20 Highway Administration table entitled ‘‘Emergency Relief

21 Program Fund Requests—updated 03/28/06’’ as well as

22 projects eligible for reimbursement resulting from 2006

23 flooding in the State of Hawaii: Provided, That notwith24 standing 23 U.S.C. 120(e), the Federal share for all projects

25 for repairs or reconstruction of highways, roads, bridges,

26 and trails to respond to damage caused by Hurricanes
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1 Katrina, Rita, and Wilma shall be 100 percent: Provided

2 further, That notwithstanding 23 U.S.C. 125(d)(1), the Sec3 retary of Transportation may obligate more than

4 $100,000,000 for such projects in a State in a fiscal year,

5 to respond to damage caused by Hurricanes Dennis,

6 Katrina, Rita, or Wilma and by the 2004–2005 winter

7 storms in the State of California: Provided further, That

8 any amounts in excess of those necessary for emergency ex9 penses relating to the eligible projects cited in the first sen10 tence of this paragraph may be used for other projects au11 thorized under 23 U.S.C. 125: Provided further, That the

12 amounts provided under this heading are designated as an

13 emergency requirement pursuant to section 402 of H. Con.

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

15 budget for fiscal year 2006.

16 FEDERAL TRANSIT ADMINISTRATION

17 EMERGENCY ASSISTANCE FOR PUBLIC TRANSPORTATION

18 For grants to State or local governmental entities di19 rectly affected by Hurricane Katrina for expenses related

20 to emergency response and recovery of public transportation

21 equipment, facilities and services, as determined by the Sec22 retary of Transportation, $200,000,000, to remain available

23 until expended: Provided, That for recipients of assistance

24 under chapter 53 of title 49, United States Code, directly

25 affected by Hurricane Katrina, the Secretary may waive
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1 the Federal matching share requirements for Federal transit

2 assistance programs under such chapter, including the Fed3 eral matching share requirements contained in existing

4 Federal assistance grant agreements: Provided further, That

5 the Secretary may allow such recipients to use such assist6 ance for operating assistance, notwithstanding the terms

7 and conditions contained in existing Federal assistance

8 grant agreements: Provided further, That the Secretary may

9 waive any other Federal transit assistance grant require10 ments under such chapter or sections 3037 and 3038 of the

11 Federal Transit Act of 1998, including those requirements

12 contained in existing Federal assistance grant agreements

13 to facilitate emergency response and recovery of public

14 transportation equipment, facilities and services by such re15 cipients: Provided further, That the authority of the Sec16 retary hereunder shall expire two years after the date of

17 enactment of this section, unless determined otherwise by

18 the Secretary for a compelling need: Provided further, 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 FEDERAL RAILROAD ADMINISTRATION

2 CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS

3 Notwithstanding any other provision of law, to enable

4 the Secretary of Transportation to make a grant under 49

5 U.S.C. 20154, for the purpose of facilitating the relocation

6 of a rail line that was destroyed or received significant

7 damage as the result of Hurricane Katrina and other hurri8 canes of the 2005 season, $700,000,000, to remain available

9 until expended: Provided, That relocating a significant por10 tion of the rail traffic from a rail line destroyed or damaged

11 to an existing rail corridor or corridors inland, and thus

12 less vulnerable to damage by future hurricanes, and which

13 permits the abandonment and alternative use of significant

14 portions of the right-of-way of the rail line destroyed or

15 damaged in 2005, shall be a permissible relocation of said

16 rail line pursuant to 49 U.S.C. 20154: Provided further,

17 That paragraphs (2), (3), and (4) of subsection (c) of section

18 20154 and subsection (d) of section 20154 shall not apply

19 in the consideration of an application or award of a grant

20 under this provision: Provided further, 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 DEPARTMENT OF HOUSING AND URBAN

2 DEVELOPMENT

3 PUBLIC AND INDIAN HOUSING

4 TENANT-BASED RENTAL ASSISTANCE

5 For an additional amount for ‘‘Tenant-Based Rental

6 Assistance’’ for tenant-based and project-based assistance

7 for households within the area declared a major disaster

8 under the Robert T. Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 5121 et seq.) related to the

10 consequences of Hurricane Katrina and other hurricanes of

11 the 2005 season, $202,000,000, to remain available until

12 September 30, 2007, of which not to exceed $5,000,000 is

13 for the administrative and related information technology

14 costs of the Department of Housing and Urban Develop15 ment: Provided, That such households shall be limited to

16 those identified under this heading in division B, Public

17 Law 109–148 and to those which, prior to Hurricane

18 Katrina or Rita, received assistance under section 236 or

19 under section 221(d)(3) pursuant to section 221(d)(5) of the

20 National Housing Act, or section 101 of the Housing and

21 Urban Development Act of 1965: Provided further, That,

22 except as otherwise provided, such funds shall be subject to

23 the terms and conditions of amounts provided under this

24 heading in division B, Public Law 109–148, except that

25 section 8(o)(7)(A) of the United States Housing Act of 1937
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1 shall not apply to funds under such heading and under this

2 heading: Provided further, That no less than $100,000,000

3 shall be made available as project-based assistance used to

4 support the reconstruction, rebuilding, and repair of as5 sisted housing that suffered the consequences of Hurricane

6 Katrina and other hurricanes of the 2005 season or new

7 structures supported under the low income tax credit pro8 gram: Provided further, That previously assisted HUD

9 project-based housing and residents of such housing shall

10 be accorded a preference in the use of such project-based

11 assistance, except that such funds shall be made available

12 for 4,500 project-based vouchers for supportive housing

13 units for persons with disabilities, as that term is defined

14 in section 422(2) of the McKinney-Vento Homeless Assist15 ance Act (42 U.S.C. 11382(2)), elderly families, or pre16 viously homeless individuals and families: Provided further,

17 That the limitation contained in section 8(o)(13)(B) of the

18 United States Housing Act of 1937 (42 U.S.C.

19 1437f(o)(13)(B)) shall not apply to such funds: Provided

20 further, That, notwithstanding any other provision of law,

21 after providing a first right of return to all households in

22 the St. Bernard, Orleans, Plaquemines, Jefferson, and St.

23 Tammany Parishes eligible for project-based housing assist24 ance under this heading and under this heading in division

25 B, Public Law 109–148, owners may then offer remaining
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1 available dwelling units to city and parish employees from

2 those parishes for a period of not to exceed 12 months: Pro3 vided further, That the amounts provided under this head4 ing are designated as an emergency requirement pursuant

5 to section 402 of H. Con. Res. 95 (109th Congress), the con6 current resolution on the budget for fiscal year 2006.

7 COMMUNITY PLANNING AND DEVELOPMENT

8 COMMUNITY DEVELOPMENT FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for the ‘‘Community devel11 opment fund’’, for necessary expenses related to disaster re12 lief, long-term recovery, and restoration of infrastructure in

13 the most impacted and distressed areas related to the con14 sequences of Hurricane Katrina and other hurricanes of the

15 2005 season in States for which the President declared a

16 major disaster under title IV of the Robert T. Stafford Dis17 aster Relief and Emergency Assistance Act (42 U.S.C. 5121

18 et seq.) in conjunction with Hurricane Katrina and other

19 hurricanes of the 2005 season, $5,200,000,000, to remain

20 available until expended, for activities authorized under

21 title I of the Housing and Community Development Act of

22 1974 (Public Law 93–383): Provided, That funds provided

23 under this heading shall be administered through an entity

24 or entities designated by the Governor of each State: Pro25 vided further, That such funds may not be used for activi26 ties reimbursable by or for which funds are made available
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1 by the Federal Emergency Management Agency, the Small

2 Business Administration, or the Army Corps of Engineers:

3 Provided further, That funds allocated under this heading

4 shall not adversely affect the amount of any formula assist5 ance received by a State under this heading: Provided fur6 ther, That each State may use up to five percent of its allo7 cation for administrative costs: Provided further, That not

8 less than $1,000,000,000 from funds made available on a

9 pro-rata basis according to the allocation made to each

10 State under this heading shall be used for repair, rehabilita11 tion, and reconstruction (including demolition, site clear12 ance and remediation) of the affordable rental housing stock

13 (including public and other HUD-assisted housing) in the

14 impacted areas: Provided further, That as long as

15 $5,200,000,000 is provided under this heading no State

16 shall be allocated less than 3.5 percent of the amount pro17 vided under this heading: Provided further, That in admin18 istering the funds under this heading, the Secretary of

19 Housing and Urban Development may waive, or specify al20 ternative requirements for, any provision of any statute or

21 regulation that the Secretary administers in connection

22 with the obligation by the Secretary or the use by the recipi23 ent of these funds or guarantees (except for requirements

24 related to fair housing, nondiscrimination, labor standards,

25 and the environment), upon a request by the State that such
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1 waiver is required to facilitate the use of such funds or

2 guarantees, and a finding by the Secretary that such waiver

3 would not be inconsistent with the overall purpose of the

4 statute: Provided further, That the Secretary may waive the

5 requirement that activities benefit persons of low and mod6 erate income, except that at least 50 percent of the funds

7 made available under this heading must benefit primarily

8 persons of low and moderate income unless the Secretary

9 otherwise makes a finding of compelling need: Provided fur10 ther, That the Secretary shall publish in the Federal Reg11 ister any waiver of any statute or regulation that the Sec12 retary administers pursuant to title I of the Housing and

13 Community Development Act of 1974 no later than 5 days

14 before the effective date of such waiver: Provided further,

15 That every waiver made by the Secretary must be reconsid16 ered according to the three previous provisos on the two17 year anniversary of the day the Secretary published the

18 waiver in the Federal Register: Provided further, That prior

19 to the obligation of funds each State shall submit a plan

20 to the Secretary detailing the proposed use of all funds, in21 cluding criteria for eligibility and how the use of these funds

22 will address long-term recovery and restoration of infra23 structure: Provided further, That prior to the obligation of

24 funds to each State, the Secretary shall ensure that such

25 plan gives priority to infrastructure development and reha-
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1 bilitation and the rehabilitation and reconstruction of the

2 affordable rental housing stock including public and other

3 HUD-assisted housing: Provided further, That each State

4 will report quarterly to the Committees on Appropriations

5 on all awards and uses of funds made available under this

6 heading, including specifically identifying all awards of

7 sole-source contracts and the rationale for making the

8 award on a sole-source basis: Provided further, That the

9 Secretary shall notify the Committees on Appropriations on

10 any proposed allocation of any funds and any related waiv11 ers made pursuant to these provisions under this heading

12 no later than 5 days before such waiver is made: Provided

13 further, That the Secretary shall establish procedures to pre14 vent recipients from receiving any duplication of benefits

15 and report quarterly to the Committees on Appropriations

16 with regard to all steps taken to prevent fraud and abuse

17 of funds made available under this heading including du18 plication of benefits: Provided further, That of the amounts

19 made available under this heading, the Secretary shall

20 transfer $12,000,000 to the Office of Inspector General for

21 costs associated with oversight: Provided further, That none

22 of the funds provided under this heading may be used by

23 a State or locality as a matching requirement, share, or

24 contribution for any other Federal program: Provided fur25 ther, That the amounts provided under this heading are des-
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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 INDEPENDENT AGENCIES

5 ELECTION ASSISTANCE COMMISSION

6 ELECTION ASSISTANCE

7 For purposes of making discretionary payments to

8 States affected by Hurricane Katrina and other hurricanes

9 during the 2005 season to restore and replace supplies, ma10 terials, records, equipment, and technology used in the ad11 ministration of Federal elections and to ensure the full par12 ticipation of individuals displaced by such hurricanes,

13 $30,000,000: Provided, That any such funds shall be used

14 in a manner that is consistent with title III of the Help

15 America Vote Act of 2002: Provided further, That the

16 amount provided under this heading is designated as an

17 emergency requirement pursuant to section 402 of H. Con.

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

19 budget for fiscal year 2006.

20 GENERAL SERVICES ADMINISTRATION

21 FEDERAL BUILDINGS FUND

22 For an additional amount for the ‘‘Federal Buildings

23 Fund’’ for necessary expenses related to the consequences of

24 Hurricane Katrina and other hurricanes of the 2005 sea25 son, $37,000,000, from the General Fund and to remain
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1 available until expended: Provided, That notwithstanding

2 40 U.S.C. 3307, the Administrator of General Services is

3 authorized to proceed with repairs and alterations for af4 fected buildings: Provided further, 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 TITLE III

10 EMERGENCY AGRICULTURAL DISASTER

11 ASSISTANCE

12 SEC. 3001. SHORT TITLE.

13 This title may be cited as the ‘‘Emergency Agricultural

14 Disaster Assistance Act of 2006’’.

15 SEC. 3002. DEFINITIONS.

16 In this title:

17 (1) ADDITIONAL COVERAGE.—The term ‘‘addi18 tional coverage’’ has the meaning given the term in

19 section 502(b)(1) of the Federal Crop Insurance Act

20 (7 U.S.C. 1502(b)(1)).

21 (2) DISASTER COUNTY.—The term ‘‘disaster

22 county’’ means—

23 (A) a county included in the geographic

24 area covered by a natural disaster declaration;

25 and
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1 (B) each county contiguous to a county de2 scribed in subparagraph (A).

3 (3) HURRICANE-AFFECTED COUNTY.—The term

4 ‘‘hurricane-affected county’’ means—

5 (A) a county included in the geographic

6 area covered by a natural disaster declaration

7 related to Hurricane Katrina, Hurricane Rita,

8 Hurricane Wilma, or a related condition; and

9 (B) each county contiguous to a county de10 scribed in subparagraph (A).

11 (4) INSURABLE COMMODITY.—The term ‘‘insur12 able commodity’’ means an agricultural commodity

13 (excluding livestock) for which the producers on a

14 farm are eligible to obtain a policy or plan of insur15 ance under the Federal Crop Insurance Act (7 U.S.C.

16 1501 et seq.).

17 (5) LIVESTOCK.—The term ‘‘livestock’’

18 includes—

19 (A) cattle (including dairy cattle);

20 (B) bison;

21 (C) sheep;

22 (D) swine; and

23 (E) other livestock, as determined by the

24 Secretary.
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1 (6) NATURAL DISASTER DECLARATION.—The

2 term ‘‘natural disaster declaration’’ means—

3 (A) a natural disaster declared by the

4 Secretary—

5 (i) during calendar year 2005 under

6 section 321(a) of the Consolidated Farm

7 and Rural Development Act (7 U.S.C.

8 1961(a)); or

9 (ii) during calendar year 2006 under

10 that section, but for which a request was

11 pending as of the date of enactment of this

12 Act; or

13 (B) a major disaster or emergency des14 ignated by the President—

15 (i) during calendar year 2005 under

16 the Robert T. Stafford Disaster Relief and

17 Emergency Assistance Act (42 U.S.C. 5121

18 et seq.); or

19 (ii) during calendar year 2006 under

20 that Act, but for which a request was pend21 ing as of the date of enactment of this Act.

22 (7) NONINSURABLE COMMODITY.—The term

23 ‘‘noninsurable commodity’’ means a crop for which

24 the producers on a farm are eligible to obtain assist-
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1 ance under section 196 of the Federal Agriculture Im2 provement and Reform Act of 1996 (7 U.S.C. 7333).

3 (8) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Agriculture.

5 Subtitle A—Agricultural

6 Production Losses

7 SEC. 3011. CROP DISASTER ASSISTANCE.

8 (a) IN GENERAL.—The Secretary shall use such sums

9 as are necessary of funds of the Commodity Credit Corpora10 tion to make emergency financial assistance authorized

11 under this section available to producers on a farm that

12 have incurred qualifying losses described in subsection (c).

13 (b) ADMINISTRATION.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the Secretary shall make assistance avail16 able under this section in the same manner as pro17 vided under section 815 of the Agriculture, Rural De18 velopment, Food and Drug Administration and Re19 lated Agencies Appropriations Act, 2001 (Public Law

20 106–387; 114 Stat. 1549A–55), including using the

21 same loss thresholds for quantity and economic losses

22 as were used in administering that section, except

23 that the payment rate shall be 50 percent of the estab24 lished price, instead of 65 percent.
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1 (2) LOSS THRESHOLDS FOR QUALITY LOSSES.—

2 In the case of a payment for quality loss for a crop

3 under subsection (c)(2), the loss thresholds for quality

4 loss for the crop shall be determined under subsection

5 (d).

6 (c) QUALIFYING LOSSES.—Assistance under this sec7 tion shall be made available to producers on farms, other

8 than producers of sugar cane and sugar beets, that incurred

9 qualifying quantity or quality losses for—

10 (1) the 2005 crop due to damaging weather or

11 any related condition (including losses due to crop

12 diseases, insects, and delayed harvest), as determined

13 by the Secretary; and

14 (2) the 2006 crop due to flooding in California

15 and Hawaii that occurred prior to the date of enact16 ment of this Act and for which a petition for a dis17 aster designation has been filed with the Secretary

18 not later than that date.

19 (d) QUALITY LOSSES.—

20 (1) IN GENERAL.—Subject to paragraph (3), the

21 amount of a payment made to producers on a farm

22 for a quality loss for a crop under subsection (c)(2)

23 shall be equal to the amount obtained by

24 multiplying—
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1 (A) 65 percent of the payment quantity de2 termined under paragraph (2); by

3 (B) 50 percent of the payment rate deter4 mined under paragraph (3).

5 (2) PAYMENT QUANTITY.—For the purpose of

6 paragraph (1)(A), the payment quantity for quality

7 losses for a crop of a commodity on a farm shall

8 equal the lesser of—

9 (A) the actual production of the crop af10 fected by a quality loss of the commodity on the

11 farm; or

12 (B) the quantity of expected production of

13 the crop affected by a quality loss of the com14 modity on the farm, using the formula used by

15 the Secretary to determine quantity losses for the

16 crop of the commodity under subsection (c)(1).

17 (3) PAYMENT RATE.—For the purpose of para18 graph (1)(B) and in accordance with paragraphs (5)

19 and (6), the payment rate for quality losses for a crop

20 of a commodity on a farm shall be equal to the dif21 ference between—

22 (A) the per unit market value that the units

23 of the crop affected by the quality loss would

24 have had if the crop had not suffered a quality

25 loss; and
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1 (B) the per unit market value of the units

2 of the crop affected by the quality loss.

3 (4) ELIGIBILITY.—For producers on a farm to be

4 eligible to obtain a payment for a quality loss for a

5 crop under subsection (c)(2), the amount obtained by

6 multiplying the per unit loss determined under para7 graph (1) by the number of units affected by the qual8 ity loss shall be at least 25 percent of the value that

9 all affected production of the crop would have had if

10 the crop had not suffered a quality loss.

11 (5) MARKETING CONTRACTS.—In the case of any

12 production of a commodity that is sold pursuant to

13 1 or more marketing contracts (regardless of whether

14 the contract is entered into by the producers on the

15 farm before or after harvest) and for which appro16 priate documentation exists, the quantity designated

17 in the contracts shall be eligible for quality loss assist18 ance based on the 1 or more prices specified in the

19 contracts.

20 (6) OTHER PRODUCTION.—For any additional

21 production of a commodity for which a marketing

22 contract does not exist or for which production con23 tinues to be owned by the producer, quality losses

24 shall be based on the average local market discounts
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1 for reduced quality, as determined by the appropriate

2 State committee of the Farm Service Agency.

3 (7) QUALITY ADJUSTMENTS AND DISCOUNTS.—

4 The appropriate State committee of the Farm Service

5 Agency shall identify the appropriate quality adjust6 ment and discount factors to be considered in car7 rying out this subsection, including—

8 (A) the average local discounts actually ap9 plied to a crop; and

10 (B) the discount schedules applied to loans

11 made by the Farm Service Agency or crop insur12 ance coverage under the Federal Crop Insurance

13 Act (7 U.S.C. 1501 et seq.).

14 (8) ELIGIBLE PRODUCTION.—The Secretary shall

15 carry out this subsection in a fair and equitable man16 ner for all eligible production, including the produc17 tion of fruits and vegetables, other specialty crops,

18 and field crops.

19 (e) ELIGIBILITY FOR ASSISTANCE.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the producers on a farm shall not be eligi22 ble for assistance under this section with respect to

23 losses to an insurable commodity or noninsurable

24 commodity if the producers on the farm—
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1 (A) in the case of an insurable commodity,

2 did not obtain a policy or plan of insurance for

3 the insurable commodity under the Federal Crop

4 Insurance Act (7 U.S.C. 1501 et seq.) for the

5 crop incurring the losses;

6 (B) in the case of a noninsurable com7 modity, did not file the required paperwork, and

8 pay the administrative fee by the applicable

9 State filing deadline, for the noninsurable com10 modity under section 196 of the Federal Agri11 culture Improvement and Reform Act of 1996 (7

12 U.S.C. 7333) for the crop incurring the losses;

13 (C) had average adjusted gross income (as

14 defined by section 1001D(a) of the Food Security

15 Act of 1985 (7 U.S.C. 1308–3a(a)), of greater

16 than $2,500,000 in 2004; or

17 (D) were not in compliance with highly

18 erodible land conservation and wetland conserva19 tion provisions.

20 (2) CONTRACT WAIVER.—The Secretary may

21 waive paragraph (1) with respect to the producers on

22 a farm if the producers enter into a contract with the

23 Secretary under which the producers agree—

24 (A) in the case of an insurable commodity,

25 to obtain a policy or plan of insurance under the
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1 Federal Crop Insurance Act (7 U.S.C. 1501 et

2 seq.) providing additional coverage for the insur3 able commodity for each of the next 2 crops, at

4 a coverage level that provides—

5 (i) not less than 65 percent of the ac6 tual production history for the crop pro7 duced on the farm; and

8 (ii) 100 percent of the expected market

9 price or a comparable coverage (as deter10 mined by the Federal Crop Insurance Cor11 poration); and

12 (B) in the case of a noninsurable com13 modity, to file the required paperwork and pay

14 the administrative fee by the applicable State fil15 ing deadline, for the noninsurable commodity for

16 each of the next 2 crops under section 196 of the

17 Federal Agriculture Improvement and Reform

18 Act of 1996 (7 U.S.C. 7333).

19 (3) EFFECT OF VIOLATION.—In the event of the

20 violation of a contract under paragraph (2) by a pro21 ducer, the producer shall reimburse the Secretary for

22 the full amount of the assistance provided to the pro23 ducer under this section.

24 (f) TIMING.—
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1 (1) IN GENERAL.—Subject to paragraph (2), the

2 Secretary shall make payments to producers on a

3 farm for a crop under this section not later than 60

4 days after the date the producers on the farm submit

5 to the Secretary a completed application for the pay6 ments.

7 (2) INTEREST.—If the Secretary does not make

8 payments to the producers on a farm by the date de9 scribed in paragraph (1), the Secretary shall pay to

10 the producers on a farm interest on the payments at

11 a rate equal to the current (as of the sign-up deadline

12 established by the Secretary) market yield on out13 standing, marketable obligations of the United States

14 with maturities of 30 years.

15 SEC. 3012. LIVESTOCK ASSISTANCE.

16 (a) LIVESTOCK COMPENSATION PROGRAM.—

17 (1) USE OF COMMODITY CREDIT CORPORATION

18 FUNDS.—Effective beginning on the date of enactment

19 of this Act, the Secretary shall use funds of the Com20 modity Credit Corporation to carry out the 2002

21 Livestock Compensation Program announced by the

22 Secretary on October 10, 2002 (67 Fed. Reg. 63070),

23 to provide compensation for livestock losses during

24 calendar years 2005 and 2006 for losses that occurred

25 prior to the date of enactment of this Act (including
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1 wildfire disaster losses in the State of Texas and other

2 States) due to a disaster, as determined by the Sec3 retary, except that the payment rate shall be 75 per4 cent of the payment rate established for the 2002

5 Livestock Compensation Program.

6 (2) ELIGIBLE APPLICANTS.—In carrying out the

7 program described in paragraph (1), the Secretary

8 shall provide assistance to any applicant that—

9 (A)(i) conducts a livestock operation that is

10 located in a disaster county, including any ap11 plicant conducting a livestock operation with eli12 gible livestock (within the meaning of the live13 stock assistance program under section 101(b) of

14 division B of Public Law 108–324 (118 Stat.

15 1234)); or

16 (ii) produces an animal described in section

17 10806(a)(1) of the Farm Security and Rural In18 vestment Act of 2002 (21 U.S.C. 321d(a)(1));

19 and

20 (B) meets all other eligibility requirements

21 established by the Secretary for the program.

22 (3) MITIGATION.—In determining the eligibility

23 for or amount of payments for which a producer is

24 eligible under the livestock compensation program, the

25 Secretary shall not penalize a producer that takes ac-
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1 tions (recognizing disaster conditions) that reduce the

2 average number of livestock the producer owned for

3 grazing during the production year for which assist4 ance is being provided.

5 (4) LIMITATION.—The Secretary shall ensure, to

6 the maximum extent practicable, that no producer on

7 a farm receives duplicative payments under this sub8 section and another Federal program with respect to

9 any loss.

10 (b) LIVESTOCK INDEMNITY PAYMENTS.—

11 (1) IN GENERAL.—The Secretary shall use such

12 sums as are necessary of funds of the Commodity

13 Credit Corporation to make livestock indemnity pay14 ments to producers on farms that have incurred live15 stock losses during calendar years 2005 and 2006 for

16 losses that occurred prior to the date of enactment of

17 this Act (including wildfire disaster losses in the

18 State of Texas and other States) due to a disaster, as

19 determined by the Secretary, including losses due to

20 hurricanes, floods, anthrax, and wildfires.

21 (2) PAYMENT RATES.—Indemnity payments to a

22 producer on a farm under paragraph (1) shall be

23 made at a rate of not less than 30 percent of the mar24 ket value of the applicable livestock on the day before
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1 the date of death of the livestock, as determined by the

2 Secretary.

3 (c) LIVESTOCK INDEMNITY PROGRAM FOR CONTRACT

4 GROWERS.—

5 (1) IN GENERAL.—Subject to subsection (d), the

6 Secretary shall use funds of the Commodity Credit

7 Corporation to establish a program to assist poultry

8 producers in hurricane-affected counties that suffered

9 income losses.

10 (2) TERMS AND CONDITIONS.—The program es11 tablished under paragraph (1) shall contain similar

12 terms and conditions as the terms and conditions

13 used for the livestock indemnity program for contract

14 growers described in subpart E of chapter XIV of title

15 7, Code of Federal Regulations (as in effect on Janu16 ary 1, 2002).

17 (d) EWE LAMB REPLACEMENT AND RETENTION.—

18 (1) IN GENERAL.—The Secretary shall use

19 $15,000,000 of funds of the Commodity Credit Cor20 poration to make payments under the Ewe Lamb Re21 placement and Retention Payment Program under

22 part 784 of title 7, Code of Federal Regulations (or

23 a successor regulation) for each qualifying ewe lamb

24 retained or purchased during the period beginning on

25 January 1, 2006, and ending on December 31, 2006.
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1 (2) INELIGIBILITY FOR OTHER ASSISTANCE.—A

2 producer that receives assistance under this subsection

3 shall not be eligible to receive assistance under sub4 section (a).

5 (e) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec6 retary shall ensure, to the maximum extent practicable, that

7 no producer on a farm receives duplicative payments under

8 this section and any other Federal program for the same

9 loss.

10 SEC. 3013. FLOODED CROP AND GRAZING LAND.

11 (a) IN GENERAL.—The Secretary shall compensate eli12 gible owners of flooded crop and grazing land in—

13 (1) the Devils Lake basin; and

14 (2) the McHugh, Lake Laretta, and Rose Lake

15 closed drainage areas of the State of North Dakota.

16 (b) ELIGIBILITY.—

17 (1) IN GENERAL.—To be eligible to receive com18 pensation under this section, an owner shall own land

19 described in subsection (a) that, during the 2 crop

20 years preceding receipt of compensation, was rendered

21 incapable of use for the production of an agricultural

22 commodity or for grazing purposes (in a manner con23 sistent with the historical use of the land) as the re24 sult of flooding, as determined by the Secretary.
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1 (2) INCLUSIONS.—Land described in paragraph

2 (1) shall include—

3 (A) land that has been flooded;

4 (B) land that has been rendered inaccessible

5 due to flooding; and

6 (C) a reasonable buffer strip adjoining the

7 flooded land, as determined by the Secretary.

8 (3) ADMINISTRATION.—The Secretary may

9 establish—

10 (A) reasonable minimum acreage levels for

11 individual parcels of land for which owners may

12 receive compensation under this section; and

13 (B) the location and area of adjoining

14 flooded land for which owners may receive com15 pensation under this section.

16 (c) SIGN-UP.—The Secretary shall establish a sign-up

17 program for eligible owners to apply for compensation from

18 the Secretary under this section.

19 (d) COMPENSATION PAYMENTS.—

20 (1) IN GENERAL.—Subject to paragraphs (2) and

21 (3), the rate of an annual compensation payment

22 under this section shall be equal to 90 percent of the

23 average annual per acre rental payment rate (at the

24 time of entry into the contract) for comparable crop

25 or grazing land that has not been flooded and re-
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1 mains in production in the county where the flooded

2 land is located, as determined by the Secretary.

3 (2) REDUCTION.—An annual compensation pay4 ment under this section shall be reduced by the

5 amount of any conservation program rental payments

6 or Federal agricultural commodity program pay7 ments received by the owner for the land during any

8 crop year for which compensation is received under

9 this section.

10 (3) EXCLUSION.—During any year in which an

11 owner receives compensation for flooded land under

12 this section, the owner shall not be eligible to partici13 pate in or receive benefits for the flooded land

14 under—

15 (A) the Federal crop insurance program es16 tablished under the Federal Crop Insurance Act

17 (7 U.S.C. 1501 et seq.);

18 (B) the noninsured crop assistance program

19 established under section 196 of the Federal Ag20 riculture Improvement and Reform Act of 1996

21 (7 U.S.C. 7333); or

22 (C) any Federal agricultural crop disaster

23 assistance program.

24 (e) RELATIONSHIP TO AGRICULTURAL COMMODITY

25 PROGRAMS.—The Secretary, by regulation, shall provide
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1 for the preservation of cropland base, allotment history, and

2 payment yields applicable to land described in subsection

3 (a) that was rendered incapable of use for the production

4 of an agricultural commodity or for grazing purposes as

5 the result of flooding.

6 (f) USE OF LAND.—

7 (1) IN GENERAL.—An owner that receives com8 pensation under this section for flooded land shall

9 take such actions as are necessary to not degrade any

10 wildlife habitat on the land that has naturally devel11 oped as a result of the flooding.

12 (2) RECREATIONAL ACTIVITIES.—To encourage

13 owners that receive compensation for flooded land to

14 allow public access to and use of the land for rec15 reational activities, as determined by the Secretary,

16 the Secretary may—

17 (A) offer an eligible owner additional com18 pensation; and

19 (B) provide compensation for additional

20 acreage under this section.

21 (g) FUNDING.—

22 (1) IN GENERAL.—The Secretary shall use

23 $6,000,000 of funds of the Commodity Credit Cor24 poration to carry out this section.
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1 (2) PRO-RATED PAYMENTS.—In a case in which

2 the amount made available under paragraph (1) for

3 a fiscal year is insufficient to compensate all eligible

4 owners under this section, the Secretary shall pro-rate

5 payments for that fiscal year on a per acre basis.

6 SEC. 3014. SUGARCANE AND SUGAR BEET DISASTER ASSIST7 ANCE.

8 (a) FLORIDA.—The Secretary of Agriculture shall use

9 $120,000,000 of funds of the Commodity Credit Corporation

10 to make payments to processors in Florida that are eligible

11 to obtain a loan under section 156(a) of the Federal Agri12 culture Improvement and Reform Act of 1996 (7 U.S.C.

13 7272(a)) to compensate first processors and producers for

14 crop and other losses in hurricane-affected counties that are

15 related to hurricanes, tropical storms, excessive rains,

16 floods, and wind in Florida during calendar year 2005, by

17 an agreement on the same terms and conditions, to the max18 imum extent practicable, as the payments made under sec19 tion 102 of the Emergency Supplemental Appropriations

20 for Hurricane Disasters Assistance Act of 2005 (Public Law

21 108–324; 118 Stat. 1235), including that the 2005 base pro22 duction of each harvesting unit shall be determined using

23 the same base year crop production history that was used

24 pursuant to the agreement under that section.

25 (b) LOUISIANA.—
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1 (1) COMPENSATION FOR LOSSES.—The Secretary

2 shall use the funds, facilities, and authorities of the

3 Commodity Credit Corporation to make $120,000,000

4 in payments to first processors of sugarcane that op5 erate in a disaster county in Louisiana, or obtain

6 sugarcane from a disaster county in Louisiana, and

7 that are eligible to obtain a loan under section 156(a)

8 of the Federal Agriculture Improvement and Reform

9 Act of 1996 (7 U.S.C. 7272(a)), to compensate the

10 producers and first processors for crop and other

11 losses due to Hurricane Katrina, Hurricane Rita, or

12 related conditions.

13 (2) ADMINISTRATION.—Assistance under this

14 subsection shall be—

15 (A) shared by an affected first processor

16 with affected producers that provide commodities

17 to the processor in a manner that reflects con18 tracts entered into between the processor and the

19 producers, except with respect to a portion of the

20 amount of total assistance described under para21 graph (1) necessary to compensate affected pro22 ducers for individual losses experienced by the

23 producers, including losses due to saltwater in24 trusion, flooding, wind damage, or increased

25 planting, replanting, or harvesting costs, which
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1 shall be transferred by the first processor to the

2 affected producers without regard to contractual

3 share arrangements; and

4 (B) made available under such terms and

5 conditions as the Secretary determines are nec6 essary to carry out this subsection.

7 (3) LOSS DETERMINATION.—In carrying out this

8 subsection, the Secretary shall use the same base year

9 to determine crop loss that was elected by a producer

10 to determine crop loss in carrying out the hurricane

11 assistance program under section 207 of the Agricul12 tural Assistance Act of 2003 (Public Law 108–7; 117

13 Stat. 543).

14 (c) FUNDING.—The Secretary shall use $40,000,000 of

15 funds of the Commodity Credit Corporation to provide as16 sistance to sugar beet producers that suffered production

17 losses (including quality losses) for the 2005 crop year.

18 (d) REQUIREMENT.—The Secretary shall make pay19 ments under subsection (c) in the same manner as pay20 ments were made under section 208 of the Agricultural As21 sistance Act of 2003 (Public Law 108–7; 117 Stat. 544),

22 including using the same indemnity benefits as were used

23 in carrying out that section.

24 (e) TEXAS.—The Secretary shall use $400,000 of funds

25 of the Commodity Credit Corporation to assist sugarcane
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1 growers in Texas by making a payment in that amount

2 to the Rio Grande Valley Sugar Growers, a farmer-owned

3 cooperative sugarcane processor in that State, for addi4 tional demurrage costs at the Port of Baton Rouge and ad5 ditional storage and transportation costs of raw sugar re6 sulting from hurricanes during calendar year 2005, exces7 sive rains, floods, wind, and other related conditions.

8 (f) HAWAII.—The Secretary shall use $6,000,000 of

9 funds of the Commodity Credit Corporation to assist sugar10 cane growers in Hawaii by making a payment in that

11 amount to an agricultural transportation cooperative in

12 Hawaii, the members of which are eligible to receive mar13 keting assistance loans and loan deficiency payments made

14 available under subtitle B of title I of the Farm Security

15 and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.).

16 (g) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec17 retary shall ensure, to the maximum extent practicable, that

18 no producer on a farm receives duplicative payments under

19 this section and any other Federal program for the same

20 loss.

21 SEC. 3015. SPECIALTY CROPS AND NURSERY CROPS.

22 (a) IN GENERAL.—The Secretary shall use funds of the

23 Commodity Credit Corporation to provide assistance to

24 producers of specialty crops and nursery crops in hurri25 cane-affected counties.
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1 (b) ADMINISTRATION.—

2 (1) IN GENERAL.—Assistance required by sub3 section (a) shall be carried out by the Secretary under

4 the same terms and conditions as the special disaster

5 relief programs carried out for producers that suffered

6 from crop damage and tree losses, and carried out re7 lated cleanup, in certain areas of Florida due to Hur8 ricanes Charley, Frances, and Jeanne during August

9 and September 2004, as described in the notice of pro10 gram implementation relating to Florida citrus, fruit,

11 vegetable, and nursery crop disaster programs (69

12 Fed. Reg. 63134 (October 29, 2004)).

13 (2) LOSS OF RECORDS.—Due to the complete de14 struction of the business records of many producers,

15 the Secretary shall use the best available information

16 in determining eligibility, determining losses, and

17 calculating payment amounts under this section.

18 (c) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec19 retary shall ensure, to the maximum extent practicable, that

20 no producer on a farm receives duplicative payments under

21 this section and any other Federal program for the same

22 loss.

23 SEC. 3016. DAIRY ASSISTANCE.

24 The Secretary shall use $25,000,000 of the funds of the

25 Commodity Credit Corporation to make payments to dairy
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1 producers for dairy production losses and dairy spoilage

2 losses in hurricane-affected counties.

3 SEC. 3017. COTTONSEED.

4 (a) DISTRIBUTION OF FUNDS.—The Secretary shall

5 provide disaster assistance under subsection (c) under the

6 same terms and conditions as assistance provided under

7 section 206 of the Agricultural Assistance Act of 2003 (Pub8 lic Law 108–7; 117 Stat. 543), except that assistance shall

9 be—

10 (1) distributed to producers and first handlers of

11 cottonseed; and

12 (2) based on cottonseed production during the

13 most recent year for which a disaster payment spe14 cifically for cottonseed was not authorized.

15 (b) COTTONSEED ASSISTANCE.—The Secretary shall

16 use $15,000,000 of the funds of the Commodity Credit Cor17 poration to provide assistance to producers and first-han18 dlers of the 2005 crop of cottonseed in hurricane-affected

19 counties.

20 SEC. 3018. REDUCTION IN PAYMENTS.

21 The amount of any payment for which a producer is

22 eligible under this subtitle shall be reduced by any amount

23 received by the producer for the same loss or any similar

24 loss under—
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1 (1) the Department of Defense, Emergency Sup2 plemental Appropriations to Address Hurricanes in

3 the Gulf of Mexico, and Pandemic Influenza Act,

4 2006 (Public Law 109–148; 119 Stat. 2680); or

5 (2) an agricultural disaster assistance provision

6 contained in the announcement of the Secretary on

7 January 26, 2006.

8 Subtitle B—Supplemental Nutrition

9 and Agricultural Economic Dis10 aster Assistance

11 SEC. 3021. REPLENISHMENT OF SECTION 32.

12 (a) DEFINITION OF SPECIALTY CROP.—In this section:

13 (1) IN GENERAL.—The term ‘‘specialty crop’’

14 means any agricultural crop.

15 (2) EXCEPTION.—The term ‘‘specialty crop’’ does

16 not include—

17 (A) wheat;

18 (B) feed grains;

19 (C) oilseeds;

20 (D) cotton;

21 (E) rice; or

22 (F) peanuts.

23 (b) BASE STATE GRANTS.—

24 (1) IN GENERAL.—The Secretary shall use

25 $25,500,000 of funds of the Commodity Credit Cor-
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1 poration to make grants to the several States, the Dis2 trict of Columbia, and the Commonwealth of Puerto

3 Rico to be used to support activities that promote ag4 riculture.

5 (2) AMOUNTS.—The amount of the grants shall

6 be—

7 (A) $500,000 to each of the several States;

8 and

9 (B) $250,000 to each of the Commonwealth

10 of Puerto Rico and the District of Columbia.

11 (c) GRANTS FOR VALUE OF PRODUCTION.—The Sec12 retary shall use $74,500,000 of funds of the Commodity

13 Credit Corporation to make a grant to each of the several

14 States in an amount equal to the product obtained by

15 multiplying—

16 (1) the share of the State of the total value of

17 specialty crop, livestock, and dairy production of the

18 United States for the 2004 crop year, as determined

19 by the Secretary; by

20 (2) $74,500,000.

21 (d) SPECIAL CROP AND LIVESTOCK PRIORITY.—As a

22 condition on the receipt of a grant under this section, a

23 State shall agree to give priority to the support of specialty

24 crops and livestock in the use of the grant funds.
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1 (e) USE OF FUNDS.—A State may use funds from a

2 grant awarded under this section—

3 (1) to supplement State food bank programs or

4 other nutrition assistance programs;

5 (2) to promote the purchase, sale, or consump6 tion of agricultural products;

7 (3) to provide economic assistance to agricul8 tural producers, giving a priority to the support of

9 specialty crops and livestock; or

10 (4) for other purposes as determined by the Sec11 retary.

12 SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

13 The Secretary shall make a supplemental economic loss

14 payment to any producer on a farm that received a direct

15 payment for crop year 2005 under title I of the Farm Secu16 rity and Rural Investment Act of 2002 (7 U.S.C. 7901 et

17 seq.) at a rate equal to the product obtained by

18 multiplying—

19 (1) 30 percent of the direct payment rate in ef20 fect for the program crop of the farmer;

21 (2) 85 percent of the program crop base of the

22 farmer; and

23 (3) the program payment yield for each program

24 crop of the farmer.
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1 SEC. 3023. REDUCTION IN PAYMENTS.

2 The amount of any payment for which a producer is

3 eligible under this subtitle shall be reduced by any amount

4 received by the producer for the same loss or any similar

5 loss under—

6 (1) the Department of Defense, Emergency Sup7 plemental Appropriations to Address Hurricanes in

8 the Gulf of Mexico, and Pandemic Influenza Act,

9 2006 (Public Law 109–148; 119 Stat. 2680); or

10 (2) an agricultural disaster assistance provision

11 contained in the announcement of the Secretary on

12 January 26, 2006.

13 Subtitle C—Forestry

14 SEC. 3031. TREE ASSISTANCE PROGRAM.

15 (a) DEFINITION OF TREE.—In this section, the term

16 ‘‘tree’’ includes a tree (including a Christmas tree, orna17 mental tree, nursery tree, and potted tree), bush (including

18 a shrub), and vine.

19 (b) PROGRAM.—Except as otherwise provided in this

20 section, the Secretary shall use such sums as are necessary

21 of the funds of the Commodity Credit Corporation to pro22 vide assistance under the tree assistance program estab23 lished under sections 10201 through 10203 of the Farm Se24 curity and Rural Investment Act of 2002 (7 U.S.C. 8201

25 et seq.) to—
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1 (1) producers who suffered tree losses in hurri2 cane-affected counties; and

3 (2) fruit and tree nut producers in hurricane-af4 fected counties for site preparation, replacement, re5 habilitation, and pruning.

6 (c) COSTS.—Funds made available under this section

7 shall also be made available to cover costs associated with

8 tree pruning, tree rehabilitation, and other appropriate

9 tree-related activities as determined by the Secretary.

10 (d) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec11 retary shall ensure, to the maximum extent practicable, that

12 no producer on a farm receives duplicative payments under

13 this section and any other Federal program for the same

14 loss.

15 Subtitle D—Conservation

16 SEC. 3041. NATURAL RESOURCES CONSERVATION SERVICE.

17 (a) AUTHORITY TO CLEAR DEBRIS AND ANIMAL CAR18 CASSES.—Notwithstanding any other provision of law, the

19 Secretary, acting through the Natural Resources Conserva20 tion Service, using funds made available for the emergency

21 watershed protection program established under section 403

22 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203),

23 may provide financial and technical assistance to remove

24 and dispose of debris and animal carcasses that could ad-
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1 versely affect health and safety on non-Federal land in a

2 hurricane-affected county.

3 (b) AUTHORITY TO USE CERTAIN PRACTICES.—Not4 withstanding any other provision of law, the Secretary, act5 ing through the Natural Resources Conservation Service,

6 may use direct check-writing practices and electronic trans7 fers to provide financial and technical assistance under the

8 emergency watershed protection program established under

9 section 403 of the Agricultural Credit Act of 1978 (16

10 U.S.C. 2203) in a hurricane-affected county.

11 SEC. 3042. EMERGENCY WATERSHED PROTECTION PRO12 GRAM.

13 The Secretary shall use an additional $108,500,000 of

14 funds of the Commodity Credit Corporation to carry out

15 emergency measures identified by the Chief of the Natural

16 Resources Conservation Service as of the date of enactment

17 of this Act through the emergency watershed protection pro18 gram established under section 403 of the Agricultural

19 Credit Act of 1978 (16 U.S.C. 2203).

20 SEC. 3043. EMERGENCY CONSERVATION PROGRAM.

21 The Secretary shall use an additional $17,000,000 of

22 funds of the Commodity Credit Corporation to carry out

23 emergency measures identified by the Administrator of the

24 Farm Service Agency as of the date of enactment of this

25 Act through the emergency conservation program estab-
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1 lished under title IV of the Agricultural Credit Act of 1978

2 (16 U.S.C. 2201 et seq.).

3 Subtitle E—Farm Service Agency

4 SEC. 3051. FUNDING FOR ADDITIONAL PERSONNEL.

5 The Secretary shall use $23,000,000 of funds of the

6 Commodity Credit Corporation to hire additional County

7 Farm Service Agency personnel—

8 (1) to expedite the implementation of, and deliv9 ery under, the agricultural disaster and economic as10 sistance programs under this title; and

11 (2) as the Secretary determines to be necessary

12 to carry out other agriculture and disaster assistance

13 programs.

14 Subtitle F—Miscellaneous

15 SEC. 3061. AUTHORITY TO PROVIDE IMMUNIZATIONS.

16 Notwithstanding any other provision of law, the Sec17 retary of Defense may provide immunizations to employees

18 of the Department of Agriculture involved in direct recovery

19 work in a hurricane-affected county.

20 SEC. 3062. WAIVER OF CERTAIN PROVISIONS.

21 Notwithstanding any other provision of law, the Sec22 retary may provide assistance in a hurricane-affected coun23 ty under the emergency conservation program established

24 under title IV of the Agricultural Credit Act of 1978 (16

25 U.S.C. 2201 et seq.) without regard to subtitle C of title
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1 XII of the Food Security Act of 1985 (16 U.S.C. 3821 et

2 seq.).

3 SEC. 3063. FUNDING.

4 The Secretary shall use the funds, facilities, and au5 thorities of the Commodity Credit Corporation to carry out

6 this title, to remain available until expended.

7 SEC. 3064. REGULATIONS.

8 (a) IN GENERAL.—The Secretary may promulgate

9 such regulations as are necessary to implement this title.

10 (b) PROCEDURE.—The promulgation of the regulations

11 and administration of this title shall be made without re12 gard to—

13 (1) the notice and comment provisions of section

14 553 of title 5, United States Code;

15 (2) the Statement of Policy of the Secretary of

16 Agriculture effective July 24, 1971 (36 Fed. Reg.

17 13804), relating to notices of proposed rulemaking

18 and public participation in rulemaking; and

19 (3) chapter 35 of title 44, United States Code

20 (commonly known as the ‘‘Paperwork Reduction

21 Act’’).

22 (c) CONGRESSIONAL REVIEW OF AGENCY RULE23 MAKING.—In carrying out this section, the Secretary shall

24 use the authority provided under section 808 of title 5,

25 United States Code.
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1 Subtitle G—Emergency Designation

2 SEC. 3071. EMERGENCY DESIGNATION.

3 The amounts provided under this title are designated

4 as an emergency requirement pursuant to section 402 of

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

6 on the budget for fiscal year 2006.

7 TITLE IV

8 DROUGHT EMERGENCY ASSISTANCE

9 SEC. 4001. CORPS OF ENGINEERS.

10 In addition to any other funds made available by this

11 Act, there is appropriated for ‘‘Department of Defense-Civil,

12 Department of the Army, Corps of Engineer-Civil, Flood

13 Control and Coastal Emergencies’’, as authorized by section

14 5 of the Act of August 18, 1941 (33 U.S.C. 701n),

15 $5,000,000, to remain available until expended, to be used

16 by the Secretary of the Army, acting through the Chief of

17 Engineers, for emergency drought assistance.

18 SEC. 4002. BUREAU OF RECLAMATION.

19 In addition to any other funds made available by this

20 Act, there is appropriated for ‘‘Department of the Interior,

21 Bureau of Reclamation, Water and Related Resources’’,

22 $7,500,000, to remain available until expended, for drought

23 emergency assistance.
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1 SEC. 4003. EMERGENCY DESIGNATION.

2 The amounts provided under this title are designated

3 as an emergency requirement pursuant to section 402 of

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

5 on the budget for fiscal year 2006.

6 TITLE V

7 PORT SECURITY ENHANCEMENTS

8 CUSTOMS AND BORDER PROTECTION

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Salaries and Ex11 penses’’, $266,050,000, to remain available until expended.

12 UNITED STATES COAST GUARD

13 OPERATING EXPENSES

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

15 $23,000,000, to remain available until expended.

16 OFFICE FOR DOMESTIC PREPAREDNESS

17 STATE AND LOCAL PROGRAMS

18 For an additional amount for ‘‘State and Local Pro19 grams’’, $227,000,000: Provided, That the entire amount

20 shall be for port security grants pursuant to the purposes

21 of 46 United States Code 70107 (a) through (h), which shall

22 be awarded based on risk and threat notwithstanding sub23 section (a), for eligible costs as defined in subsections

24 (b)(2)–(4).
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1 SCIENCE AND TECHNOLOGY

2 RESEARCH, DEVELOPMENT, ACQUISITION, AND

3 OPERATIONS

4 For an additional amount for ‘‘Research, Develop5 ment, Acquisition, and Operations’’ for the Domestic Nu6 clear Detection Office, $132,000,000, to remain available

7 until expended for the purchase and deployment of radi8 ation portal monitors for United States seaports.

9 TITLE VI

10 PANDEMIC FLU

11 DEPARTMENT OF HEALTH AND HUMAN

12 SERVICES

13 OFFICE OF THE SECRETARY

14 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

15 For an additional amount for ‘‘Public Health and So16 cial Services Emergency Fund’’ to prepare for and respond

17 to an influenza pandemic, including international activi18 ties and activities in foreign countries, preparedness plan19 ning, enhancing the pandemic influenza regulatory science

20 base, accelerating pandemic influenza disease surveillance,

21 developing registries to monitor influenza vaccine distribu22 tion and use, supporting pandemic influenza research, clin23 ical trials and clinical trials infrastructure, and the devel24 opment and purchase of vaccines, antivirals, and necessary

25 medical supplies, $2,300,000,000, to remain available until
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1 expended: Provided, That $300,000,000 shall be for upgrad2 ing State and local capacity, $50,000,000 shall be for lab3 oratory capacity and research at the Centers for Disease

4 Control and Prevention, $5,000,000 shall be for the Smith5 sonian Institution to carry out domestic disease surveil6 lance, and at least $200,000,000 shall be for the Centers

7 for Disease Control and Prevention to carry out global and

8 domestic disease surveillance, laboratory capacity and re9 search, laboratory diagnostics, risk communication, rapid

10 response and quarantine: Provided further, That products

11 purchased with these funds may, at the discretion of the

12 Secretary, be deposited in the Strategic National Stockpile:

13 Provided further, That notwithstanding section 496(b) of

14 the Public Health Service Act, funds may be used for the

15 construction or renovation of privately owned facilities for

16 the production of pandemic influenza vaccines and other

17 biologicals, where the Secretary finds such a contract nec18 essary to secure sufficient supplies of such vaccines or

19 biologicals: Provided further, That the Secretary may nego20 tiate a contract with a vendor under which a State may

21 place an order with the vendor for antivirals; may reim22 burse a State for a portion of the price paid by the State

23 pursuant to such an order; and may use amounts made

24 available herein for such reimbursement: Provided further,

25 That funds appropriated herein and not specifically des-
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1 ignated under this heading may be transferred to other ap2 propriation accounts of the Department of Health and

3 Human Services, as determined by the Secretary to be ap4 propriate, to be used for the purposes specified in this sen5 tence: Provided further, That the amounts provided under

6 this heading are 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 FUNDING FOR PANDEMIC INFLUENZA VACCINE INJURY

11 COMPENSATION

12 SEC. 6001. For an additional amount to the ‘‘Public

13 Health and Social Services Emergency Fund’’ to com14 pensate individuals harmed by pandemic influenza vac15 cines, $289,000,000: Provided, That the amounts provided

16 for under this section shall be designated as an emergency

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

18 (109th Congress).

19 TITLE VII—BORDER SECURITY

20 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

21 FOR BORDER SECURITY

22 DEPARTMENT OF HOMELAND SECURITY

23 OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

24 For an additional amount for the ‘‘Office of the Sec25 retary and Executive Management’’ to provide funds for the

26 Office of Policy, $2,000,000: Provided, That the entire
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1 amount is solely for a contract with an independent non2 Federal entity to conduct a needs assessment for comprehen3 sive border security: Provided further, That the entire

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

6 concurrent resolution on the budget for fiscal year 2006.

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For an additional amount for the ‘‘Office of the Chief

9 Information Officer’’ to replace and upgrade law enforce10 ment communications, $50,000,000, to remain available

11 until expended: Provided, That the entire amount is des12 ignated as an emergency requirement pursuant to section

13 402 of H. Con. Res. 95 (109th Congress), the concurrent

14 resolution on the budget for fiscal year 2006.

15 UNITED STATES VISITOR AND IMMIGRATION STATUS

16 INDICATOR TECHNOLOGY

17 For an additional amount for ‘‘United States Visitor

18 and Immigration Status Indicator Technology’’ to accel19 erate biometric database integration and conversion to 10–

20 print enrollment, $60,000,000, to remain available until ex21 pended: Provided, That none of the additional appropria22 tions made available under this heading may be obligated

23 until the Committees on Appropriations of the Senate and

24 the House of Representatives receive and approve a plan

25 for the expenditure of such funds: Provided further, That

26 the entire amount is designated as an emergency require-
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1 ment pursuant to section 402 of H. Con. Res. 95 (109th

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

3 year 2006.

4 CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘Salaries and Ex7 penses’’, $180,000,000, of which $80,000,000 is for border

8 patrol vehicle replacement and $100,000,000 is for sensor

9 and surveillance technology: Provided, That none of the ad10 ditional appropriations made available under this heading

11 may be obligated until the Committees on Appropriations

12 of the Senate and the House of Representatives receive and

13 approve a plan for expenditure of these funds: Provided fur14 ther, That the entire amount is designated as an emergency

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

16 (109th Congress), the concurrent resolution on the budget

17 for fiscal year 2006.

18 AIR AND MARINE INTERDICTION, OPERATIONS,

19 MAINTENANCE, AND PROCUREMENT

20 For an additional amount for ‘‘Air and Marine Inter21 diction, Operations, Maintenance, and Procurement’’ to re22 place air assets and upgrade air operations facilities,

23 $790,000,000, to remain available until expended, of which

24 $40,000,000 is for helicopter replacement and $750,000,000

25 is for recapitalization of air assets: Provided, That none

26 of the additional appropriations made available under this
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1 heading may be obligated until the Committees on Appro2 priations of the Senate and the House of Representatives

3 receive and approve an expenditure plan for the complete

4 recapitalization of Customs and Border Protection air as5 sets and facilities: Provided further, That the entire amount

6 is designated as an emergency requirement pursuant to sec7 tion 402 of H. Con. Res. 95 (109th Congress), the concur8 rent resolution on the budget for fiscal year 2006.

9 CONSTRUCTION

10 For an additional amount for ‘‘Construction’’,

11 $120,000,000, to remain available until expended: Pro12 vided, That none of the additional appropriations made

13 available under this heading may be obligated until the

14 Committees on Appropriations of the Senate and the House

15 of Representatives receive and approve a plan for expendi16 ture for these funds: Provided further, That the entire

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

19 concurrent resolution on the budget for fiscal year 2006.

20 IMMIGRATION AND CUSTOMS ENFORCEMENT

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’ to replace vehicles, $80,000,000: Provided, That the

24 entire amount 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 UNITED STATES COAST GUARD

4 ACQUISITION, CONSTRUCTION AND IMPROVEMENTS

5 For an additional amount for ‘‘Acquisition, Construc6 tion, and Improvements’’ for acquisition, construction, ren7 ovation, and improvement of vessels, aircraft, and equip8 ment, $600,000,000, to remain available until expended:

9 Provided, That the entire amount is designated as an emer10 gency requirement pursuant to section 402 of H. Con. Res.

11 95 (109th Congress), the concurrent resolution on the budget

12 for fiscal year 2006.

13 FEDERAL LAW ENFORCEMENT TRAINING CENTER

14 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

15 RELATED EXPENSES

16 For an additional amount for ‘‘Acquisition, Construc17 tion, Improvements, and Related Expenses’’ for construc18 tion of the language training facility referenced in the Mas19 ter Plan and information technology infrastructure im20 provements, $18,000,000, to remain available until ex21 pended: Provided, That the entire amount is designated as

22 an emergency requirement pursuant to section 402 of H.

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

24 the budget for fiscal year 2006.
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1 GENERAL PROVISIONS—THIS TITLE

2 REDUCTION IN FUNDING

3 SEC. 7001. The aggregate amount provided by chapter

4 3 of title I of this Act and chapter 3 of title II of this Act

5 may not exceed $67,062,188,000.

6 TITLE VIII—OTHER MATTERS

7 LEGISLATIVE BRANCH

8 ARCHITECT OF THE CAPITOL

9 CAPITOL POWER PLANT

10 For an additional amount for ‘‘Capitol Power Plant’’,

11 $27,600,000, to remain available until September 30, 2011:

12 Provided, That the amount provided under this heading is

13 designated as an emergency requirement pursuant to sec14 tion 402 of H. Con. Res. 95 (109th Congress), the concur15 rent resolution on the budget for fiscal year 2006.

16 NOAA PAYMENT LIMITATION

17 SEC. 8001. Notwithstanding any other provision of

18 this Act, none of the funds appropriated or otherwise made

19 available in title II, chapter 2 of this Act, for the National

20 Oceanic and Atmospheric Administration under the head21 ing ‘‘Operations, Research, and Facilities’’ may be avail22 able for the National Marine Fisheries Service to implement

23 seafood promotion strategies, and the amount made avail24 able under such heading is reduced by $15,000,000.
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1 TITLE IX

2 GENERAL PROVISIONS AND TECHNICAL

3 CORRECTIONS

4 AVAILABILITY OF FUNDS

5 SEC. 9001. No part of any appropriation contained

6 in this Act shall remain available for obligation beyond the

7 current fiscal year unless expressly so provided herein.

8 OFFICE OF JUSTICE PROGRAMS

9 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

10 ADMINISTRATIVE PROVISION

11 SEC. 9002. Of the amount made available by the De12 partment of Justice Appropriations Act, 2006 under the

13 heading ‘‘Community Oriented Policing Services’’ (Public

14 Law 109–108, 199 Stat. 2302), for Paul Coverdell Forensic

15 Sciences Improvement Grants under part BB of title I of

16 the Omnibus Crime Control and Safe Streets Act of 1968

17 (42 U.S.C. 3797 et seq.), $1,500,000 shall be available to

18 the Attorney General, without regard to such part BB, for

19 the study on forensic science described in House Report

20 109–272 to accompany Public Law 109–108.

21 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

22 SCIENCE, AERONAUTICS AND EXPLORATION

23 ADMINISTRATIVE PROVISION

24 SEC. 9003. The referenced statement of the managers

25 in House Report 109–272, Making Appropriations for

26 Science, the Departments of State, Justice, and Commerce,
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1 and Related Agencies for the Fiscal Year Ending September

2 30, 2006, and for other purposes, under this heading is

3 deemed to be amended with respect to amounts made avail4 able under the heading ‘‘Science, Aeronautics and Explo5 ration’’ for the Mitchell Institute by striking ‘‘educational

6 purposes’’ and inserting ‘‘the science and engineering edu7 cation endowment’’.

8 SMALL BUSINESS ADMINISTRATION

9 ADMINISTRATIVE PROVISION

10 SEC. 9004. Section 613 of the Science, State, Justice,

11 Commerce, and Related Agencies Appropriations Act, 2006

12 (Public Law 109–108; 119 Stat. 2338) is amended by strik13 ing ‘‘Clark County Department of Aviation, Las Vegas,’’

14 and inserting ‘‘University of Nevada Las Vegas,’’.

15 INTELLIGENCE ACTIVITIES

16 SEC. 9005. Funds appropriated in this Act, or made

17 available by the transfer of funds in or pursuant to this

18 Act, for intelligence activities are deemed to be specifically

19 authorized by the Congress for purposes of section 504 of

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

21 OFFICE OF ECONOMIC ADJUSTMENT—DEFENSE

22 SEC. 9006. Sec. 8044 of Public Law 109–148 (119

23 Stat. 2708) is amended as follows: After ‘‘Defense,’’ and be24 fore ‘‘acting’’ insert, ‘‘notwithstanding any other provision

25 of law,’’.
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1 INVESTIGATIONS, LOUISIANA HURRICANE STUDY COST

2 SHARING

3 SEC. 9007. The $12,000,000 provided in division B,

4 chapter 3 of title I, Investigations, of Public Law 109–148

5 (119 Stat. 2761) for the Louisiana hurricane protection

6 study shall be at full Federal expense.

7 MISSISSIPPI RIVERS AND TRIBUTARIES

8 SEC. 9008. Chapter 3, under division B of title I of

9 Public Law 109–148 (119 Stat. 2762) under the heading

10 ‘‘Flood Control, Mississippi River and Tributaries, Arkan11 sas, Illinois, Kentucky, Louisiana, Mississippi, Missouri,

12 and Tennessee’’ is modified by inserting the following before

13 the period: ‘‘: Provided further, That the Corps is directed

14 to expedite and accelerate completion of any study or any

15 unconstructed portion of the Mississippi River and Tribu16 taries project for the flood and storm damage reduction

17 projects in the south Louisiana area’’: Provided, 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 MISSISSIPPI RIVER-GULF OUTLET

23 SEC. 9009. Chapter 3, under division B of title I of

24 Public Law 109–148 (119 Stat. 2762) under the heading

25 ‘‘Operations and Maintenance’’ is modified by inserting the

26 following before the last proviso: ‘‘: Provided further, That
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1 $75,000,000 of the funds provided herein shall be used for

2 the repair, construction or provision of measures or struc3 tures necessary to protect, restore or increase wetlands, to

4 prevent saltwater intrusion or storm surge’’: Provided, 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 on

8 the budget for fiscal year 2006.

9 SHORE PROTECTION

10 SEC. 9010. Section 227 of Public Law 104–303 is

11 modified as follows:

12 (1) Section 5(a) is amended by striking ‘‘6’’, and

13 inserting ‘‘7’’ in lieu thereof.

14 (2) Section 5(e)(2) is amended by striking

15 ‘‘$21,000,000’’, and inserting ‘‘$25,000,000’’ in lieu

16 thereof.

17 RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT

18 OF 1991

19 SEC. 9011. (a) Section 104(c) of the Reclamation

20 States Emergency Drought Relief Act of 1991 (43 U.S.C.

21 2214(c)) is amended by striking ‘‘September 30, 2005’’ and

22 inserting ‘‘September 30, 2010’’ in lieu thereof.

23 (b) Section 301 of the Reclamation States Emergency

24 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended

25 by striking ‘‘fiscal years 1992, 1993, 1994, 1995, 1996,
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1 1999, 2000, 2001, 2002, 2003, and 2004’’ and inserting ‘‘the

2 period of fiscal years 2006 through 2010’’ in lieu thereof.

3 REPROGRAMMING OF FUNDS

4 SEC. 9012. None of the funds made available before,

5 on, or after the date of enactment of this Act in an appro6 priations Act may be expended to prevent or limit any re7 programming of funds for a project to be carried out by

8 the Corps of Engineers using funds appropriated in any

9 Act making appropriations for energy and water develop10 ment, based on whether the project was included by the

11 President in the budget transmitted under section 1105(a)

12 of title 31, United States Code, or is otherwise proposed by

13 the President or considered part of the budget by the Office

14 of Management and Budget, if the project received funds

15 in an Act making appropriations for energy and water de16 velopment or any other appropriations Act making addi17 tional funds available for energy and water development.

18 BONNEVILLE POWER AUTHORITY

19 SEC. 9013. None of the funds made available under

20 this or any other Act shall be used during fiscal year 2006

21 or previous to April 1, 2007 to make, or plan or prepare

22 to make, any payment on bonds issued by the Adminis23 trator of the Bonneville Power Administration (referred in

24 this section as the ‘‘Administrator’’) or for an appropriated

25 Federal Columbia River Power System investment, if the

26 payment is both—
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1 (1) greater, during any fiscal year, than the

2 payments calculated in the rate hearing of the Ad3 ministrator to be made during that fiscal year using

4 the repayment method used to establish the rates of

5 the Administrator as in effect on February 6, 2006;

6 and

7 (2) based or conditioned on the actual or ex8 pected net secondary power sales receipts of the Ad9 ministrator.

10 DEPARTMENT OF HOMELAND SECURITY

11 (INCLUDING RESCISSION OF FUNDS)

12 SEC. 9014. (a) RESCISSION.—Of the funds available

13 for ‘‘Screening Coordination and Operations’’, $3,960,000

14 are rescinded.

15 (b) SUPPLEMENTAL APPROPRIATIONS.—For an addi16 tional amount for the ‘‘Office of the Secretary and Execu17 tive Management’’, $3,960,000.

18 DEPARTMENT OF THE INTERIOR—U.S. GEOLOGICAL

19 SURVEY

20 SEC. 9015. For an additional amount for ‘‘Depart21 ment of the Interior, United States Geological Survey, Sur22 veys, Investigations, and Research’’, $500,000, to remain

23 available until expended, for assistance with assessments of

24 critical reservoirs and dams, including the monitoring of

25 dam structures: Provided, That the amount provided under

26 this heading is designated as an emergency requirement
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1 pursuant to section 402 of H. Con. Res. 95 (109th Con2 gress), the concurrent resolution on the budget for fiscal year

3 2006.

4 SURFACE MINING CONTROL AND RECLAMATION ACT

5 SEC. 9016. Section 402(b) of the Surface Mining Con6 trol and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is

7 amended by striking ‘‘June 30, 2006’’ and inserting ‘‘Sep8 tember 30, 2007’’.

9 DEPARTMENT OF LABOR—OFFICE OF JOB CORPS

10 SEC. 9017. Notwithstanding section 102 of the Depart11 ments of Labor, Health and Human Services, and Edu12 cation, and Related Agencies Appropriations Act, 2006

13 (Public Law 109–149), none of the funds made available

14 under this Act or under the Departments of Labor, Health

15 and Human Services, and Education, and Related Agencies

16 Appropriations Act, 2006, shall be expended for any activ17 ity that—

18 (1) is related to carrying out Order 09–2006 of

19 the Secretary of Labor; or

20 (2) transfers the Office of Job Corps but does not

21 establish the Office of Job Corps as a single office

22 within the Office of the Secretary that retains all

23 staff, functions and authorities related to carrying out

24 subtitle C of title I of the Workforce Investment Act

25 of 1998 (29 U.S.C. 2881 et seq.).
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1 DEPARTMENT OF LABOR—MINE SAFETY

2 SEC. 9018. For an additional amount for ‘‘Depart3 ment of Labor, Mine Safety and Health Administration,

4 Salaries and Expenses’’, $25,600,000 for the inspection of

5 coal mines: Provided, That progress reports on hiring shall

6 be submitted to the House and Senate Committees on Ap7 propriations on a quarterly basis, with the first report due

8 June 15, 2006: Provided further, That the amounts pro9 vided under this heading shall remain available until Sep10 tember 30, 2007: Provided further, 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 CENTERS FOR DISEASE CONTROL—MINE SAFETY

16 SEC. 9019. For an additional amount for ‘‘Depart17 ment of Health and Human Services, Centers for Disease

18 Control and Prevention, Disease Control, Research and

19 Training’’, to carry out section 501 of the Federal Mine

20 Safety and Health Act of 1977, $10,000,000 for research

21 to develop mine safety technology including grants and con22 tracts: Provided, That progress reports on technology devel23 opment shall be submitted to the House and Senate Com24 mittees on Appropriations on a quarterly basis, with the

25 first report due June 15, 2006: Provided further, That the

26 amounts provided under this heading shall remain avail-
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1 able until September 30, 2007: Provided further, That the

2 amount provided under this heading is designated as an

3 emergency requirement pursuant to section 402 of H. Con.

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

5 budget for fiscal year 2006: Provided further, That unex6 pended balances for Health Resources and Services Admin7 istration grant number 7C6HF03601–01–00, appropriated

8 in Public Law 106–554, shall remain available until ex9 pended.

10 RAILROAD RETIREMENT BOARD

11 SEC. 9020. 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. 9021. Section 224 of Public Law 109–149 (119

21 Stat. 2862) is amended by striking ‘‘June’’ and inserting

22 ‘‘December’’ in lieu thereof.

23 EMPLOYMENT AND TRAINING ADMINISTRATION

24 SEC. 9022. None of the funds appropriated in Public

25 Law 109–149 under the heading Employment and Train26 ing Administration shall be used to pay the compensation
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1 of an individual, either as direct costs or any proration

2 as an indirect cost, at a rate in excess of Executive Level

3 II. Where Employment and Training Administration funds

4 appropriated in Public Law 109–149 are used for com5 pensation of an individual, the total Federal funding that

6 may go to compensation of that individual shall not exceed

7 a rate in excess of Executive Level II. States may establish

8 a lower limit of total compensation for those receiving com9 pensation from Employment and Training Administration

10 funding employed in that State, taking into account factors

11 including the relative cost-of-living in the State, the com12 pensation levels for comparable State or local government

13 employees, and the size of the organizations that administer

14 Federal programs involved including Employment and

15 Training Administration programs.

16 MILITARY CONSTRUCTION

17 AUTHORIZATION

18 SEC. 9023. Section 2401 of the Military Construction

19 Authorization Act for Fiscal Year 2006 (Public Law 109–

20 163) is amended by striking after ‘‘Augusta’’,

21 ‘‘$61,466,000’’ and inserting in lieu thereof

22 ‘‘$340,854,000’’. This project may be incrementally funded.

23 Funds appropriated in Public Law 109–114 for this project

24 shall be available to fund the first increment.
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1 MILITARY CONSTRUCTION

2 AUTHORIZATION

3 SEC. 9024. Section 2401 of the Military Construction

4 Authorization Act for Fiscal Year 2006 (Public Law 109–

5 163) is amended by striking after ‘‘Kunia’’, ‘‘$305,000,000’’

6 and inserting in lieu thereof ‘‘$350,490,000’’. The project

7 may be incrementally funded. Funds appropriated in Pub8 lic Laws 108–7, 108–87, and 109–114 for this project shall

9 be available to fund the first increment.

10 MILITARY CONSTRUCTION

11 AUTHORIZATION

12 SEC. 9025. Section 2846 of the Military Construction

13 Authorization Act for Fiscal Year 2002 (division B of Pub14 lic Law 107–107; 115 Stat. 1320), as amended by section

15 2865 of the Military Construction Authorization Act for

16 Fiscal Year 2005 (division B of Public Law 108–375; 118

17 Stat. 2149) is further amended by striking ‘‘840 acres’’ and

18 inserting ‘‘1,540 acres’’.

19 DETAIL AUTHORITY FOR DOT

20 SEC. 9026. Section 171 of Public Law 109–115 (119

21 Stat. 2426) is amended by inserting before the period at

22 the end of the following ‘‘: Provided, That the Department’s

23 Office of Intelligence, Security, and Emergency Response

24 may assess and enter into reimbursable agreements with the

25 modal administrations for services necessary to carry out

26 emergency preparedness or emergency response activities, as
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1 determined by the Secretary of Transportation: Provided

2 further, That notwithstanding any other provision of law,

3 the Secretary is authorized to detail modal administration

4 employees to the Office of Intelligence, Security, and Emer5 gency Response without reimbursement and for fixed peri6 ods of time, as determined by the Secretary, only insofar

7 as necessary to carry out emergency preparedness or emer8 gency response activities: Provided further, That the De9 partment shall transmit to the Committees on Appropria10 tions of the Senate and of the House of Representatives a

11 quarterly report that provides information describing any

12 reimbursable agreements or personnel details carried out in

13 accordance with this section’’.

14 EMERGENCY HIGHWAY FUNDS

15 SEC. 9027. Under the heading ‘‘Department of Trans16 portation, Federal Highway Administration, Emergency

17 Relief Program’’ in Public Law 109–148 (119 Stat. 2778),

18 strike ‘‘$629,000,000’’ and insert ‘‘$803,000,000’’.

19 LIMITATION ON CERTAIN TRANSPORTATION ACTIONS

20 SEC. 9028. None of the funds made available by this

21 or any other Act may be used to issue or implement a deci22 sion on the Notice of Proposed Rulemaking (70 Fed. Reg.

23 67389) that proposes to change the Department’s long24 standing interpretation of ‘‘actual control’’ of an airline for

25 purposes of section 40102(a)(15) of title 49, United States

26 Code, issue any final rule, or make any fitness determina-
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1 tion under section 41102 of that title that would change

2 the Department of Transportation’s long-standing interpre3 tation concerning what constitutes ‘‘actual control’’ of an

4 airline for purposes of section 40102(a)(15) of such title,

5 or to submit a final rule to the Congress under chapter 8

6 of title 5, United States Code, that would change that inter7 pretation.

8 DOJ AND TREASURY FUNDING FOR INTELLIGENCE

9 ACTIVITIES

10 SEC. 9029. (a) Funds appropriated for intelligence ac11 tivities, or made available by the transfer of funds, by this

12 Act, by Public Law 109–108 for the Department of Justice,

13 or by Public Law 109–115 for the Department of the Treas14 ury, are deemed to be specifically authorized by the Con15 gress for purposes of section 504 of the National Security

16 Act of 1947, as amended, (50 U.S.C. 414) during fiscal year

17 2006 until the enactment of the Intelligence Authorization

18 Act for Fiscal Year 2006.

19 (b) Subsection (a) shall be effective:

20 (1) with respect to funds appropriated, or made

21 available by the transfer of funds, by this Act, upon

22 the enactment of this Act;

23 (2) with respect to funds appropriated, or made

24 available by the transfer of funds, by Public Law

25 109–108 for the Department of Justice, as if enacted

26 on the date of enactment of Public Law 109–108; and
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1 (3) with respect to funds appropriated, or made

2 available by the transfer of funds, by Public Law

3 109–115 for the Department of the Treasury, as if en4 acted on the date of enactment of Public Law 109–

5 115.

6 FUNDING FOR TREASURY TRAVEL

7 SEC. 9030. The first sentence under the heading ‘‘De8 partment of the Treasury, Departmental Offices, Salaries

9 and Expenses’’ in title II of division A of Public Law 109–

10 115 (119 Stat. 2432) is amended by inserting after ‘‘travel

11 expenses’’ the words ‘‘(except for travel performed by offi12 cials in the Office of Terrorism and Financial Intelligence

13 and the Office of International Affairs)’’.

14 ECONOMIC DEVELOPMENT INITIATIVES CORRECTIONS

15 SEC. 9031. (a) The referenced statement of the man16 agers under the heading ‘‘Community Development Fund’’

17 in Public Law 108–199 is amended with respect to item

18 number 380 by striking ‘‘for construction of a new facility’’

19 and inserting ‘‘to upgrade an existing facility’’.

20 (b) The referenced statement of the managers under the

21 heading ‘‘Community Development Fund’’ in Public Law

22 108–199 is amended with respect to item number 188 by

23 striking ‘‘for the renovation of the historic Coca-Cola build24 ing’’ and inserting ‘‘for the construction or development of

25 a driver’s license facility’’.
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1 (c) The referenced statement of the managers under the

2 heading ‘‘Community Development Fund’’ in Public Law

3 109–115 is amended with respect to item number 532 by

4 striking ‘‘Mark Twain Neighborhood Association’’ and in5 serting ‘‘Mark Twain Community Alliance’’.

6 GSA TRANSFER OF PROPERTY

7 SEC. 9032. Notwithstanding any other provision of

8 law, the Administrator of General Services may convey,

9 without consideration ownership and jurisdiction (custody,

10 accountability and control) to the City of Crosby, North Da11 kota real property as described: Lots 9, 10, 11, 12, 13, and

12 14, Eastlawn Addition to Crosby, Divide County, North

13 Dakota.

14 SATELLITE ALERT FACILITY, CAPE CANAVERAL AIR

15 STATION, FLORIDA

16 SEC. 9033. The amount appropriated by the Military

17 Quality of Life and Veterans Affairs Appropriations Act,

18 2006 (Public Law 109–114) for the Air Force for military

19 construction that remains available for the Satellite Proc20 essing Operations Support Facility at Cape Canaveral Air

21 Station, Florida, shall be made available instead solely for

22 the Satellite Alert Facility at Cape Canaveral Air Station,

23 Florida.
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1 COMPREHENSIVE REVIEW ON PROCEDURES OF THE

2 DEPARTMENT OF DEFENSE ON MORTUARY AFFAIRS

3 SEC. 9034. (a) REPORT.—As soon as practicable after

4 the completion of the comprehensive review of the procedures

5 of the Department of Defense on mortuary affairs, the Sec6 retary of Defense shall submit to the congressional defense

7 committees a report on the review.

8 (b) ADDITIONAL ELEMENTS.—In conducting the com9 prehensive review described in subsection (a), the Secretary

10 shall also address, in addition to any other matters covered

11 by the review, the following:

12 (1) The utilization of additional or increased re13 frigeration (including icing) in combat theaters in

14 order to enhance preservation of remains.

15 (2) The relocation of refrigeration assets further

16 forward in the field.

17 (3) Specific time standards for the movement of

18 remains from combat units.

19 (4) The forward location of autopsy and em20 balming operations.

21 (5) Any other matters that the Secretary con22 siders appropriate in order to speed the return of re23 mains to the United States in a non-decomposed

24 state.
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1 (c) ADDITIONAL ELEMENT OF POLICY ON CASUALTY

2 ASSISTANCE TO SURVIVORS OF MILITARY DECEDENTS.—

3 Section 562(b) of the National Defense Authorization Act

4 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3267;

5 10 U.S.C. 1475 note) is amended by adding at the end the

6 following new paragraph:

7 ‘‘(12) The process by which the Department of

8 Defense, upon request, briefs survivors of military de9 cedents on the cause of, and any investigation into,

10 the death of such military decedents and on the dis11 position and transportation of the remains of such de12 cedents, which process shall—

13 ‘‘(A) provide for the provision of such brief14 ings by fully qualified Department personnel;

15 ‘‘(B) ensure briefings take place as soon as

16 possible after death and updates are provided in

17 a timely manner when new information becomes

18 available;

19 ‘‘(C) ensure that—

20 ‘‘(i) such briefings and updates relate

21 the most complete and accurate information

22 available at the time of such briefings or

23 updates, as the case may be; and
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1 ‘‘(ii) incomplete or unverified informa2 tion is identified as such during the course

3 of such briefings or updates; and

4 ‘‘(D) include procedures by which such sur5 vivors shall, upon request, receive updates or

6 supplemental information on such briefings or

7 updates from qualified Department personnel.’’.

8 SEGAL AWARD

9 SEC. 9035. Any national service educational award

10 described in subtitle D of title I of the National and Com11 munity Service Act of 1990 (42 U.S.C. 12601 et seq.), made

12 with funds appropriated to, funds transferred to, or interest

13 accumulated in the National Service Trust, shall be known

14 as a ‘‘Segal award’’.

15 ENVIRONMENTAL PROTECTION AGENCY

16 SEC. 9036. For an additional amount for ‘‘Environ17 mental Programs and Management’’, $1,000,000, to remain

18 available until expended, for assistance relating to assess19 ments and monitoring of waters in the State of Hawaii;

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 RICKENBACKER AIRPORT, COLUMBUS, OHIO

25 SEC. 9037. The project numbered 4651 in section 1702

26 of the Safe, Accountable, Flexible, Efficient Transportation
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1 Equity Act: A Legacy for Users (119 Stat. 1434) is amend2 ed by striking ‘‘Grading, paving’’ and all that follows

3 through ‘‘Airport’’ and inserting ‘‘Grading, paving, roads,

4 and the transfer of rail-to-truck for the intermodal facility

5 at Rickenbacker Airport, Columbus, Ohio’’.

6 FOX POINT HURRICANE BARRIER

7 SEC. 9038. The Secretary of the Army, acting through

8 the Chief of Engineers, for use in upgrading the electro-me9 chanical control system of the Fox Point hurricane barrier

10 in Providence, Rhode Island, $1,055,000, to remain avail11 able until expended, from within available funds of ‘‘Oper12 ations and Maintenance’’ under the heading ‘‘CORPS OF

13 ENGINEERS—CIVIL’’ of title I of the Energy and Water De14 velopment Act, 2006 (Public Law 109–103).

15 FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE

16 ISLAND

17 SEC. 9039. (a) In this section:

18 (1) The term ‘‘Barrier’’ means the Fox Point

19 Hurricane Barrier, Providence, Rhode Island.

20 (2) The term ‘‘City’’ means the city of Provi21 dence, Rhode Island.

22 (3) The term ‘‘Secretary’’ means the Secretary of

23 the Army, acting through the Chief of Engineers.

24 (b) Not later than 2 years after the date of enactment

25 of this Act, the Secretary shall assume responsibility for the

26 annual operation and maintenance of the Barrier.
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1 (c)(1) The City, in coordination with the Secretary,

2 shall identify any land and structures required for the con3 tinued operation and maintenance, repair, replacement, re4 habilitation, and structural integrity of the Barrier.

5 (2) The City shall convey to the Secretary, by quit6 claim deed and without consideration, all rights, title, and

7 interests of the City in and to the land and structures iden8 tified under paragraph (1).

9 (d) There are authorized to be appropriated to the Sec10 retary such funds as are necessary for each fiscal year to

11 operate and maintain the Barrier (including repair, re12 placement, and rehabilitation).

13 CONTRACT AUTHORITY

14 SEC. 9040. (a) Section 1940 of the Safe, Accountable,

15 Flexible, Efficient Transportation Equity Act: A Legacy for

16 Users (Public Law 109–59; 119 Stat. 1511) is amended—

17 (1) in subsection (a)—

18 (A) by striking paragraph (1);

19 (B) by redesignating paragraphs (2)

20 through (5) as paragraphs (1) through (4), re21 spectively; and

22 (C) by striking ‘‘$10,000,000’’ each place

23 that it appears and inserting ‘‘$12,500,000’’;

24 and

25 (2) by adding at the end the following:
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1 ‘‘(c) CONTRACT AUTHORITY.—Except as otherwise

2 provided in this section, funds authorized to be appro3 priated under this section shall be available for obligation

4 in the same manner as if the funds were apportioned under

5 chapter 1 of title 23, United States Code.’’.

6 (b) Of the unobligated balances of funds apportioned

7 to each State under chapter 1 of title 23, United States

8 Code, $50,000,000 is rescinded.

9 SIGN REPAIR OR REPLACEMENT

10 SEC. 9041. Notwithstanding part 750 of title 23, Code

11 of Federal Regulations (or a successor regulation), if per12 mitted by State law, a nonconforming sign that is or has

13 been damaged, destroyed, abandoned, or discontinued as a

14 result of a hurricane that is determined to be an act of God

15 (as defined by State law) may be repaired, replaced, or re16 constructed if the replacement sign has the same dimensions

17 as the original sign, and said sign is located within a State

18 found within Federal Emergency Management Agency Re19 gion IV or VI. The provisions of this section shall cease to

20 be in effect thirty-six months following the date of enact21 ment of this Act.

22 CHICAGO SANITARY AND SHIP CANAL DEMONSTRATION

23 BARRIER, ILLINOIS

24 SEC. 9042. (a) IN GENERAL.—Of the unobligated bal25 ances available for ‘‘OPERATION AND MAINTENANCE’’ under

26 the heading ‘‘CORPS OF ENGINEERS—CIVIL’’ of title I of
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1 the Energy and Water Development Appropriations Act,

2 2006 (Public Law 109–103; 119 Stat. 2250), $400,000 shall

3 be made available for fiscal year 2006 for the maintenance

4 of the Chicago Sanitary and Ship Canal Demonstration

5 Barrier, Illinois, which was constructed under section

6 1202(i)(3) of the Nonindigenous Aquatic Nuisance Preven7 tion and Control Act of 1990 (16 U.S.C. 4722(i)(3)).

8 This Act may be cited as the ‘‘Emergency Supple9 mental Appropriations Act for Defense, the Global War on

10 Terror, and Hurricane Recovery, 2006’’.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 4939

AMENDMENT