IB 

109TH CONGRESS 

2D SESSION H. R. 4939 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2006 

Ordered to be printed with the amendment of the Senate 

AN ACT 

Making emergency supplemental appropriations for the fiscal 

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

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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


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1 TITLE I—GLOBAL WAR ON TERROR 

2 SUPPLEMENTAL APPROPRIATIONS 

3 CHAPTER 1 

4 DEPARTMENT OF AGRICULTURE 

5 FOREIGN AGRICULTURAL SERVICE 

6 PUBLIC LAW 480 TITLE II GRANTS

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

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

9 recoverable, and unrecovered prior years’ costs, including 

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

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

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

17 the concurrent resolution on the budget for fiscal year 

18 2006. 

19 CHAPTER 2 

20 DEPARTMENT OF DEFENSE 

21 DEPARTMENT OF DEFENSE—MILITARY 

22 MILITARY PERSONNEL 

23 MILITARY PERSONNEL, ARMY

24 For an additional amount for ‘‘Military Personnel, 

25 Army’’, $6,506,223,000: Provided, That the amount proVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\H4939.PP H4939

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1 vided under this heading is designated as an emergency 

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

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

4 for fiscal year 2006. 

5 MILITARY PERSONNEL, NAVY

6 For an additional amount for ‘‘Military Personnel, 

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

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

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

11 for fiscal year 2006. 

12 MILITARY PERSONNEL, MARINE CORPS

13 For an additional amount for ‘‘Military Personnel, 

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

15 provided under this heading is designated as an emergency 

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

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

18 for fiscal year 2006. 

19 MILITARY PERSONNEL, AIR FORCE

20 For an additional amount for ‘‘Military Personnel, 

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

22 provided under this heading is designated as an emergency 

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

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

25 for fiscal year 2006. 


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1 RESERVE PERSONNEL, ARMY

2 For an additional amount for ‘‘Reserve Personnel, 

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

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

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

7 for fiscal year 2006. 

8 RESERVE PERSONNEL, NAVY

9 For an additional amount for ‘‘Reserve Personnel, 

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

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

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

14 for fiscal year 2006. 

15 RESERVE PERSONNEL, MARINE CORPS

16 For an additional amount for ‘‘Reserve Personnel, 

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

18 provided under this heading is designated as an emergency 

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

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

21 for fiscal year 2006. 

22 RESERVE PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘Reserve Personnel, 

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


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

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

3 for fiscal year 2006. 

4 NATIONAL GUARD PERSONNEL, ARMY

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

7 provided under this heading is designated as an emergency 

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

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

10 for fiscal year 2006. 

11 NATIONAL GUARD PERSONNEL, AIR FORCE

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

14 amount provided under this heading is designated as an 

15 emergency requirement pursuant to section 402 of H. 

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

17 on the budget for fiscal year 2006. 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

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

22 amount provided under this heading is designated as an 

23 emergency requirement pursuant to section 402 of H. 

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

25 on the budget for fiscal year 2006. 


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1 OPERATION AND MAINTENANCE, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

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

11 for fiscal year 2006. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

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

15 the amount provided under this heading is designated as 

16 an emergency requirement pursuant to section 402 of H. 

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

18 on the budget for fiscal year 2006. 

19 OPERATION AND MAINTENANCE, AIR FORCE

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

22 amount provided under this heading is designated as an 

23 emergency requirement pursuant to section 402 of H. 

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

25 on the budget for fiscal year 2006. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

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

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

5 the Combatant Commander Initiative Fund, to be 

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

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

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

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

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

15 available until expended, may be used for payments 

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

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

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

21 made in such amounts as the Secretary of Defense, 

22 with the concurrence of the Secretary of State, and 

23 in consultation with the Director of the Office of 

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


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1 Secretary of Defense to adequately account for the 

2 support provided, and such determination is final 

3 and conclusive upon the accounting officers of the 

4 United States, and 15 days following notification to 

5 the appropriate congressional committees: Provided 

6 further, That the Secretary of Defense shall provide 

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

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

11 Threat Reduction: 

12 Provided further, That the amount provided under this 

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

15 the concurrent resolution on the budget for fiscal year 

16 2006. 

17 OPERATION AND MAINTENANCE, ARMY RESERVE

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

20 the amount provided under this heading is designated as 

21 an emergency requirement pursuant to section 402 of H. 

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

23 on the budget for fiscal year 2006. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

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

4 the amount provided under this heading is designated as 

5 an emergency requirement pursuant to section 402 of H. 

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

7 on the budget for fiscal year 2006. 

8 OPERATION AND MAINTENANCE, MARINE CORPS

9 RESERVE

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

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

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

15 resolution on the budget for fiscal year 2006. 

16 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

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

19 the amount provided under this heading is designated as 

20 an emergency requirement pursuant to section 402 of H. 

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

22 on the budget for fiscal year 2006. 


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

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

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

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

8 resolution on the budget for fiscal year 2006. 

9 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

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

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

15 resolution on the budget for fiscal year 2006. 

16 AFGHANISTAN SECURITY FORCES FUND

17 (INCLUDING TRANSFER OF FUNDS)

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

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

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

21 Secretary of Defense, notwithstanding any other provision 

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

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

24 designee, to provide assistance, with the concurrence of 

25 the Secretary of State, to the security forces of AfghaniVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\H4939.PP H4939

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

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

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

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

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

16 transferred from this appropriation are not necessary for 

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

19 contributions of funds for the purposes provided herein 

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

22 such purposes: Provided further, That the Secretary shall 

23 notify the congressional defense committees in writing 

24 upon the receipt and upon the transfer of any contribution 

25 delineating the sources and amounts of the funds received 


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

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

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

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

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

8 congressional defense committees summarizing the details 

9 of the transfer of funds from this appropriation: Provided 

10 further, That the amount provided under this heading is 

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

14 IRAQ SECURITY FORCES FUND

15 (INCLUDING TRANSFER OF FUNDS)

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

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

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

19 Secretary of Defense, notwithstanding any other provision 

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

24 Iraq, including the provision of equipment, supplies, serv25 ices, training, facility and infrastructure repair, renovaVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\H4939.PP H4939

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

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

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

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

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

14 transferred from this appropriation are not necessary for 

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

17 contributions of funds for the purposes provided herein 

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

20 such purposes: Provided further, That the Secretary shall 

21 notify the congressional defense committees in writing 

22 upon the receipt and upon the transfer of any contribution 

23 delineating the sources and amounts of the funds received 

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


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

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

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

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

6 congressional defense committees summarizing the details 

7 of the transfer of funds from this appropriation: Provided 

8 further, That the amount provided under this heading is 

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

12 PROCUREMENT 

13 AIRCRAFT PROCUREMENT, ARMY

14 For an additional amount for ‘‘Aircraft Procurement, 

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

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

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

21 MISSILE PROCUREMENT, ARMY

22 For an additional amount for ‘‘Missile Procurement, 

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

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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 fis3 cal year 2006. 

4 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

5 VEHICLES, ARMY

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

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

9 2008: Provided, That the amount provided under this 

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

12 the concurrent resolution on the budget for fiscal year 

13 2006. 

14 PROCUREMENT OF AMMUNITION, ARMY

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

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

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

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

22 OTHER PROCUREMENT, ARMY

23 For an additional amount for ‘‘Other Procurement, 

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


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

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

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement, 

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

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

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

11 the concurrent resolution on the budget for fiscal year 

12 2006. 

13 WEAPONS PROCUREMENT, NAVY

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

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

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

21 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

22 CORPS

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


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1 the amount provided under this heading is designated as 

2 an emergency requirement pursuant to section 402 of H. 

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

4 on the budget for fiscal year 2006. 

5 OTHER PROCUREMENT, NAVY

6 For an additional amount for ‘‘Other Procurement, 

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

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

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

11 the concurrent resolution on the budget for fiscal year 

12 2006. 

13 PROCUREMENT, MARINE CORPS

14 For an additional amount for ‘‘Procurement, Marine 

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

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

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

21 AIRCRAFT PROCUREMENT, AIR FORCE

22 For an additional amount for ‘‘Aircraft Procurement, 

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

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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 fis3 cal year 2006. 

4 PROCUREMENT OF AMMUNITION, AIR FORCE

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

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

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

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

11 for fiscal year 2006. 

12 OTHER PROCUREMENT, AIR FORCE

13 For an additional amount for ‘‘Other Procurement, 

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

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

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

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

20 PROCUREMENT, DEFENSE-WIDE

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

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


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

3 RESEARCH, DEVELOPMENT, TEST AND 

4 EVALUATION 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

6 ARMY

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

10 the amount provided under this heading is designated as 

11 an emergency requirement pursuant to section 402 of H. 

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

13 on the budget for fiscal year 2006. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 NAVY

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

19 the amount provided under this heading is designated as 

20 an emergency requirement pursuant to section 402 of H. 

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

22 on the budget for fiscal year 2006. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

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

5 remain available until September 30, 2007: Provided, 

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

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

9 resolution on the budget for fiscal year 2006. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

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

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

15 2007: Provided, That the amount provided under this 

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

18 the concurrent resolution on the budget for fiscal year 

19 2006. 

20 REVOLVING AND MANAGEMENT FUNDS 

21 DEFENSE WORKING CAPITAL FUNDS

22 For an additional amount for ‘‘Defense Working 

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

24 amount provided under this heading is designated as an 

25 emergency requirement pursuant to section 402 of H. 


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

2 on the budget for fiscal year 2006. 

3 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

4 DEFENSE HEALTH PROGRAM

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

8 Provided, That the amount provided under this heading 

9 is designated as an emergency requirement pursuant to 

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

12 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

13 DEFENSE

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Drug Interdiction and 

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

18 may be used only for such activities related to Afghanistan 

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

23 evaluation: Provided further, That the funds transferred 

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


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1 to which transferred: Provided further, That the transfer 

2 authority provided in this paragraph is in addition to any 

3 other transfer authority available to the Department of 

4 Defense: Provided further, That upon a determination that 

5 all or part of the funds transferred from this appropriation 

6 are not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the amount provided under this 

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

11 the concurrent resolution on the budget for fiscal year 

12 2006. 

13 OFFICE OF THE INSPECTOR GENERAL

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

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

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

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

19 the concurrent resolution on the budget for fiscal year 

20 2006. 

21 RELATED AGENCIES 

22 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

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

25 That the amount provided under this heading is desVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\H4939.PP H4939

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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 GENERAL PROVISIONS—THIS CHAPTER 

5 (TRANSFER OF FUNDS)

6 SEC. 1201. Upon his determination that such action 

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

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

11 Secretary shall notify the Congress promptly of each 

12 transfer made pursuant to this authority: Provided further, 

13 That the transfer authority provided in this section is in 

14 addition to any other transfer authority available to the 

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

17 conditions as the authority provided in section 8005 of the 

18 Department of Defense Appropriations Act, 2006, except 

19 for the fourth proviso. 

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

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

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


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1 support shall be in addition to support provided for the 

2 counter-drug activities of such Governments under any 

3 other provision of the law. 

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

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

6 that may be provided under the authority in this section 

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

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

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

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

12 section 1033 shall apply for fiscal year 2006. 

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

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

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

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

22 total amount of advance billings rendered or imposed for 

23 all working capital funds of the Department of Defense 

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


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

3 the concurrent resolution on the budget for fiscal year 

4 2006. 

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

7 available in this chapter to the Department of Defense, 

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

10 program to assist the people of Afghanistan, to remain 

11 available until December 31, 2007. 

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

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

18 include all in-house Government costs. 

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

21 by Congress in fiscal year 2005 and 2006 appropriations 

22 to the Department of Defense or to initiate a procurement 

23 or research, development, test and evaluation new start 

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


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1 CHAPTER 3 

2 BILATERAL ECONOMIC ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 UNITED STATES AGENCY FOR INTERNATIONAL

5 DEVELOPMENT

6 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

7 For an additional amount for ‘‘Child Survival and 

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

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

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

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

13 for fiscal year 2006. 

14 DEVELOPMENT ASSISTANCE

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

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

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

20 the concurrent resolution on the budget for fiscal year 

21 2006. 

22 INTERNATIONAL DISASTER FAMINE ASSISTANCE

23 For an additional amount for ‘‘International Disaster 

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

25 expended: Provided, That the amount provided under this 

26 heading is designated as an emergency requirement pursuVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\H4939.PP H4939

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

2 the concurrent resolution on the budget for fiscal year 

3 2006. 

4 OPERATING EXPENSES OF THE UNITED STATES AGENCY

5 FOR INTERNATIONAL DEVELOPMENT

6 For an additional amount for ‘‘Operating Expenses 

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

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

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

12 the concurrent resolution on the budget for fiscal year 

13 2006. 

14 OTHER BILATERAL ECONOMIC ASSISTANCE

15 ECONOMIC SUPPORT FUND

16 For an additional amount for ‘‘Economic Support 

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

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

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


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1 DEPARTMENT OF STATE

2 DEMOCRACY FUND

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

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

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

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

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

9 resolution on the budget for fiscal year 2006. 

10 INTERNATIONAL NARCOTICS CONTROL AND LAW

11 ENFORCEMENT

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

16 the amount provided under this heading is designated as 

17 an emergency requirement pursuant to section 402 of H. 

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

19 on the budget for fiscal year 2006. 

20 MIGRATION AND REFUGEE ASSISTANCE

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

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

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


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

3 DEPARTMENT OF THE TREASURY

4 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

5 For an additional amount for ‘‘International Affairs 

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

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

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

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

11 for fiscal year 2006. 

12 MILITARY ASSISTANCE 

13 FUNDS APPROPRIATED TO THE PRESIDENT

14 PEACEKEEPING OPERATIONS

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

18 the amount provided under this heading is designated as 

19 an emergency requirement pursuant to section 402 of H. 

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

21 on the budget for fiscal year 2006. 

22 GENERAL PROVISIONS—THIS CHAPTER 

23 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

24 SEC. 1301. Funds appropriated or made available by 

25 transfer in this chapter may be obligated and expended 


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

3 103–236). 

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

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

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

9 Provided, That the amount transferred by this section is 

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

13 (RESCISSION OF FUNDS)

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

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

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

18 SEC. 1304. Notwithstanding any other provision of 

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

21 remain available for one additional year from the date on 

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


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

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

3 CHAPTER 4 

4 DEPARTMENT OF HOMELAND SECURITY 

5 UNITED STATES COAST GUARD

6 OPERATING EXPENSES

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

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

9 this heading is designated as an emergency requirement 

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

12 year 2006. 

13 CHAPTER 5 

14 DEPARTMENT OF DEFENSE 

15 MILITARY CONSTRUCTION 

16 MILITARY CONSTRUCTION, ARMY

17 For an additional amount for ‘‘Military Construction, 

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

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

21 expended to carry out planning and design and military 

22 construction projects not otherwise authorized by law: 

23 Provided further, That the amount provided under this 

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


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1 the concurrent resolution on the budget for fiscal year 

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

3 under this heading may be obligated or expended until 

4 after that date on which the Secretary of Defense submits 

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

7 of Representatives and Senate: Provided further, That, 

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

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

13 of the House of Representatives and Senate. 

14 MILITARY CONSTRUCTION, AIR FORCE

15 For an additional amount for ‘‘Military Construction, 

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

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

19 expended to carry out planning and design and military 

20 construction projects not otherwise authorized by law: 

21 Provided further, That the amount provided under this 

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

24 the concurrent resolution on the budget for fiscal year 

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


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1 under this heading may be obligated or expended until 

2 after that date on which the Secretary of Defense submits 

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

5 of Representatives and Senate. 

6 GENERAL PROVISION—THIS CHAPTER 

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

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

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

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

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

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

13 are designated as an emergency requirement pursuant to 

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

16 CHAPTER 6 

17 DEPARTMENT OF JUSTICE 

18 LEGAL ACTIVITIES

19 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

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

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

25 resolution on the budget for fiscal year 2006. 


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1 FEDERAL BUREAU OF INVESTIGATION

2 SALARIES AND EXPENSES

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

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

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

8 General and the investment review board certify to the 

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

11 and contractor oversight mechanisms in place, and that 

12 the program is compatible with the enterprise architecture 

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

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

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

19 DRUG ENFORCEMENT ADMINISTRATION

20 SALARIES AND EXPENSES

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

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

24 amount provided under this heading is designated as an 

25 emergency requirement pursuant to section 402 of H. 


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

2 on the budget for fiscal year 2006. 

3 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

4 EXPLOSIVES

5 SALARIES AND EXPENSES

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

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

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

11 the concurrent resolution on the budget for fiscal year 

12 2006. 

13 DEPARTMENT OF STATE AND RELATED 

14 AGENCY 

15 DEPARTMENT OF STATE 

16 ADMINISTRATION OF FOREIGN AFFAIRS

17 DIPLOMATIC AND CONSULAR PROGRAMS

18 (INCLUDING TRANSFER OF FUNDS)

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

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

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

23 available for transfer to the United States Institute of 

24 Peace: Provided further, That the amount provided under 

25 this heading is designated as an emergency requirement 

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

2 year 2006. 

3 OFFICE OF INSPECTOR GENERAL

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Office of Inspector 

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

8 to the Special Inspector General for Iraq Reconstruction 

9 for reconstruction oversight: Provided, That the amount 

10 provided under this heading is designated as an emergency 

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

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

13 for fiscal year 2006. 

14 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

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

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

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

22 INTERNATIONAL ORGANIZATIONS

23 CONTRIBUTIONS TO INTERNATIONAL PEACEKEEPING

24 ACTIVITIES

25 For an additional amount for ‘‘Contributions for 

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


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1 remain available until September 30, 2007: Provided, 

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

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

5 resolution on the budget for fiscal year 2006. 

6 RELATED AGENCY 

7 BROADCASTING BOARD OF GOVERNORS

8 INTERNATIONAL BROADCASTING OPERATIONS

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

11 expended: Provided, That the amount provided under this 

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

14 concurrent resolution on the budget for fiscal year 2006. 

15 BROADCASTING CAPITAL IMPROVEMENTS

16 For an additional amount for ‘‘Broadcasting Capital 

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

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

21 concurrent resolution on the budget for fiscal year 2006. 

22 GENERAL PROVISION—THIS CHAPTER 

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

24 Broadcasting Board of Governors and the Department of 

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


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

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

4 of 1947. 

5 CHAPTER 7 

6 DEPARTMENT OF THE TREASURY 

7 DEPARTMENTAL OFFICES

8 SALARIES AND EXPENSES

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

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

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

14 the concurrent resolution on the budget for fiscal year 

15 2006. 

16 TITLE II—FURTHER HURRICANE DISASTER 

17 RELIEF AND RECOVERY 

18 CHAPTER 1 

19 DEPARTMENT OF AGRICULTURE 

20 EXECUTIVE OPERATIONS

21 WORKING CAPITAL FUND

22 For an additional amount for ‘‘Working Capital 

23 Fund’’ for necessary expenses related to the consequences 

24 of Hurricane Katrina and other hurricanes of the 2005 

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


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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), 

4 the concurrent resolution on the budget for fiscal year 

5 2006. 

6 AGRICULTURAL RESEARCH SERVICE

7 BUILDINGS AND FACILITIES

8 For an additional amount for ‘‘Agricultural Research 

9 Service, Buildings and Facilities’’ for necessary expenses 

10 related to the consequences of Hurricane Katrina and 

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

13 provided under this heading is designated as an emergency 

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

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

16 for fiscal year 2006. 

17 NATURAL RESOURCES CONSERVATION SERVICE

18 EMERGENCY WATERSHED PROTECTION PROGRAM

19 For an additional amount for ‘‘Emergency Watershed 

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

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

22 on floodplain lands in disaster areas affected by Hurricane 

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

25 designated as an emergency requirement pursuant to secVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6401 E:\BILLS\H4939.PP H4939

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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 CHAPTER 2 

4 DEPARTMENT OF DEFENSE 

5 DEPARTMENT OF DEFENSE—MILITARY 

6 MILITARY PERSONNEL 

7 MILITARY PERSONNEL, ARMY

8 For an additional amount for ‘‘Military Personnel, 

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

10 consequences of Hurricane Katrina and other hurricanes 

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

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

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

16 MILITARY PERSONNEL, NAVY

17 For an additional amount for ‘‘Military Personnel, 

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

19 consequences of Hurricane Katrina and other hurricanes 

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

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

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


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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

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

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

6 provided under this heading is designated as an emergency 

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

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

9 for fiscal year 2006. 

10 MILITARY PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘Military Personnel, 

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

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

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

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

18 for fiscal year 2006. 

19 RESERVE PERSONNEL, ARMY

20 For an additional amount for ‘‘Reserve Personnel, 

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

22 consequences of Hurricane Katrina and other hurricanes 

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

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


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

3 RESERVE PERSONNEL, NAVY

4 For an additional amount for ‘‘Reserve Personnel, 

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

6 consequences of Hurricane Katrina and other hurricanes 

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

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

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

12 RESERVE PERSONNEL, MARINE CORPS

13 For an additional amount for ‘‘Reserve Personnel, 

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

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

17 provided under this heading is designated as an emergency 

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

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

20 for fiscal year 2006. 

21 RESERVE PERSONNEL, AIR FORCE

22 For an additional amount for ‘‘Reserve Personnel, 

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

24 consequences of Hurricane Katrina and other hurricanes 

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


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

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

5 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

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

13 for fiscal year 2006. 

14 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

19 provided under this heading is designated as an emergency 

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

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

22 for fiscal year 2006. 


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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, NAVY

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

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

6 consequences of Hurricane Katrina and other hurricanes 

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

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

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

12 OPERATION AND MAINTENANCE, AIR FORCE

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

15 until September 30, 2007, for necessary expenses related 

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

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

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

21 for fiscal year 2006. 

22 OPERATION AND MAINTENANCE, NAVY RESERVE

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

25 until September 30, 2007, for necessary expenses related 


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

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

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

6 for fiscal year 2006. 

7 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

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

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

13 provided under this heading is designated as an emergency 

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

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

16 for fiscal year 2006. 

17 OPERATION AND MAINTENANCE, ARMY NATIONAL

18 GUARD

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

21 available until September 30, 2007, for necessary expenses 

22 related to the consequences of Hurricane Katrina and 

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

24 amount provided under this heading is designated as an 

25 emergency requirement pursuant to section 402 of H. 


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

2 on the budget for fiscal year 2006. 

3 PROCUREMENT 

4 PROCUREMENT OF AMMUNITION, ARMY

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

8 consequences of Hurricane Katrina and other hurricanes 

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

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

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

14 OTHER PROCUREMENT, ARMY

15 For an additional amount for ‘‘Other Procurement, 

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

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

19 the 2005 season: Provided, That the amount provided 

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

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


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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 

5 of Hurricane Katrina and other hurricanes of the 2005 

6 season: Provided, That the amount provided under this 

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

9 the concurrent resolution on the budget for fiscal year 

10 2006. 

11 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

12 CORPS

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

15 available until September 30, 2008, for necessary expenses 

16 related to the consequences of Hurricane Katrina and 

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

18 amount provided under this heading is designated as an 

19 emergency requirement pursuant to section 402 of H. 

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

21 on the budget for fiscal year 2006. 

22 SHIPBUILDING AND CONVERSION, NAVY

23 (INCLUDING TRANSFER OF FUNDS)

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


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

2 consequences of Hurricane Katrina and other hurricanes 

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

4 within this account to replace destroyed or damaged 

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

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

9 other transfer authority available to the Department of 

10 Defense: Provided further, That the Secretary of Defense 

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

12 within this appropriation, notify the congressional defense 

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

14 Provided further, That the amount provided under this 

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

17 the concurrent resolution on the budget for fiscal year 

18 2006. 

19 OTHER PROCUREMENT, NAVY

20 For an additional amount for ‘‘Other Procurement, 

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

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

24 the 2005 season: Provided, That the amount provided 

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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 fis3 cal year 2006. 

4 AIRCRAFT PROCUREMENT, AIR FORCE

5 For an additional amount for ‘‘Aircraft Procurement, 

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

8 consequences of Hurricane Katrina and other hurricanes 

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

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

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

14 PROCUREMENT, DEFENSE-WIDE

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

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

20 the amount provided under this heading is designated as 

21 an emergency requirement pursuant to section 402 of H. 

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

23 on the budget for fiscal year 2006. 


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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 NAVY

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

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

10 the amount provided under this heading is designated as 

11 an emergency requirement pursuant to section 402 of H. 

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

13 on the budget for fiscal year 2006. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 AIR FORCE

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

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

21 the amount provided under this heading is designated as 

22 an emergency requirement pursuant to section 402 of H. 

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

24 on the budget for fiscal year 2006. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

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

5 remain available until September 30, 2007, for necessary 

6 expenses related to the consequences of Hurricane Katrina 

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

8 the amount provided under this heading is designated as 

9 an emergency requirement pursuant to section 402 of H. 

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

11 on the budget for fiscal year 2006. 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For an additional amount for ‘‘Defense Working 

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

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

18 provided under this heading is designated as an emergency 

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

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

21 for fiscal year 2006. 

22 NATIONAL DEFENSE SEALIFT FUND

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


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1 of Hurricane Katrina and other hurricanes of the 2005 

2 season: Provided, That the amount provided under this 

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

5 the concurrent resolution on the budget for fiscal year 

6 2006. 

7 TRUST FUNDS 

8 GENERAL FUND PAYMENT, SURCHARGE COLLECTIONS, 

9 SALES OF COMMISSARY STORES, DEFENSE

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

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

14 consequences of Hurricane Katrina and other hurricanes 

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

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

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

20 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

21 DEFENSE HEALTH PROGRAM

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

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


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1 the 2005 season: Provided, That the amount provided 

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

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

6 GENERAL PROVISION—THIS CHAPTER 

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

9 by Congress in fiscal year 2005 and 2006 appropriations 

10 to the Department of Defense or to initiate a procurement 

11 or research, development, test and evaluation new start 

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

14 CHAPTER 3 

15 DEPARTMENT OF DEFENSE—CIVIL 

16 DEPARTMENT OF THE ARMY 

17 CORPS OF ENGINEERS—CIVIL

18 CONSTRUCTION

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

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

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

24 Provided further, That the Chief of Engineers, acting 

25 through the Assistant Secretary of the Army for Civil 


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

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

5 the amount provided under this heading is designated as 

6 an emergency requirement pursuant to section 402 of H. 

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

8 on the budget for fiscal year 2006. 

9 FLOOD CONTROL AND COASTAL EMERGENCIES

10 For additional amounts for ‘‘Flood Control and 

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

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

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

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

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

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

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

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

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

23 That none of the funds provided herein shall be available 

24 until the non-federal interests have entered into binding 

25 agreements with the Secretary of the Army to pay 100 

26 percent of the operation, maintenance, repair, replacement 


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1 and rehabilitation costs of the projects: Provided further, 

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

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

5 resolution on the budget for fiscal year 2006. 

6 CHAPTER 4 

7 DEPARTMENT OF HOMELAND SECURITY 

8 OFFICE OF INSPECTOR GENERAL

9 (INCLUDING TRANSFERS OF FUNDS)

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

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

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

15 be transferred to the Offices of Inspector General of the 

16 Departments of Agriculture, Defense, Education, Health 

17 and Human Services, Housing and Urban Development, 

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

21 out necessary audits and investigations of funding and 

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

24 Provided further, That the amount provided under this 

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

2 the concurrent resolution on the budget for fiscal year 

3 2006. 

4 CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For an additional amount for ‘Salaries and Expenses’ 

7 to provide for the relocation of personnel and equipment 

8 related to the New Orleans laboratory facility and for the 

9 repair and replacement of critical equipment and property 

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

12 the amount provided under this heading is designated as 

13 an emergency requirement pursuant to section 402 of H. 

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

15 on the budget for fiscal year 2006. 

16 CONSTRUCTION

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

19 Katrina and other hurricanes of the 2005 season, 

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

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

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

24 resolution on the budget for fiscal year 2006. 


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1 UNITED STATES COAST GUARD

2 OPERATING EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

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

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

13 used for salvage and repair of research and development 

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

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

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

18 for fiscal year 2006. 

19 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

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

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

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


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

3 FEDERAL EMERGENCY MANAGEMENT AGENCY

4 ADMINISTRATIVE AND REGIONAL OPERATIONS

5 For an additional amount for ‘‘Administrative and 

6 Regional Operations’’ for necessary expenses related to the 

7 consequences of Hurricane Katrina and other hurricanes 

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

9 expended: Provided, That the amount provided under this 

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

12 the concurrent resolution on the budget for fiscal year 

13 2006. 

14 PREPAREDNESS, MITIGATION, RESPONSE AND RECOVERY

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

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

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

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

22 resolution on the budget for fiscal year 2006. 

23 DISASTER RELIEF

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

25 necessary expenses under the Robert T. Stafford Disaster 

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


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

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

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

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

6 for fiscal year 2006. 

7 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Disaster Assistance 

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

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

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

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

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

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

18 funds may be used to subsidize gross obligations for the 

19 principal amount of direct loans not to exceed 

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

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

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

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

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

26 defined in section 502 of the Congressional Budget Act 


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

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

4 and merged with the funds provided under this heading, 

5 to be used to subsidize gross obligations for the principal 

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

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

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

11 for fiscal year 2006. 

12 GENERAL PROVISIONS—THIS CHAPTER 

13 SEC. 2401. The Federal Emergency Management 

14 Agency may provide funds to a State or local government 

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

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

17 the provision of temporary housing units to evacuees from 

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

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

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

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

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

25 costs eligible to be paid shall be 100 percent. 


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

2 amended under the heading ‘‘National Flood Insurance 

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

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

5 interest on Treasury borrowings’’. 

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

7 an emergency requirement pursuant to section 402 of H. 

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

9 on the budget for fiscal year 2006. 

10 CHAPTER 5 

11 DEPARTMENT OF THE INTERIOR 

12 UNITED STATES FISH AND WILDLIFE SERVICE

13 CONSTRUCTION

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

16 Katrina and other hurricanes of the 2005 season and for 

17 repayment of advances to other appropriation accounts 

18 from which funds were transferred for such purposes, 

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

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


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1 NATIONAL PARK SERVICE

2 HISTORIC PRESERVATION FUND

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

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

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

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

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

12 CONSTRUCTION

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

15 Katrina and other hurricanes of the 2005 season, 

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

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

21 UNITED STATES GEOLOGICAL SURVEY

22 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

25 consequences of Hurricane Katrina and other hurricanes 

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


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1 appropriation accounts from which funds were transferred 

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

3 expended: Provided, That the amount provided under this 

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

6 the concurrent resolution on the budget for fiscal year 

7 2006. 

8 MINERALS MANAGEMENT SERVICE

9 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

10 For an additional amount for ‘‘Royalty and Offshore 

11 Minerals Management’’ for necessary expenses related to 

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

14 to other appropriation accounts from which funds were 

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

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

17 amount provided under this heading is designated as an 

18 emergency requirement pursuant to section 402 of H. 

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

20 on the budget for fiscal year 2006. 

21 ENVIRONMENTAL PROTECTION AGENCY 

22 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

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

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

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

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

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

6 for fiscal year 2006. 

7 LEAKING UNDERGROUND STORAGE TANK PROGRAM

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

10 related to the consequences of Hurricane Katrina and 

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

13 the amount provided under this heading is designated as 

14 an emergency requirement pursuant to section 402 of H. 

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

16 on the budget for fiscal year 2006. 

17 DEPARTMENT OF AGRICULTURE 

18 FOREST SERVICE

19 NATIONAL FOREST SYSTEM

20 For an additional amount for the ‘‘National Forest 

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

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

24 expended: Provided, That the amount provided under this 

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


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1 the concurrent resolution on the budget for fiscal year 

2 2006. 

3 CHAPTER 6 

4 DEPARTMENT OF DEFENSE 

5 MILITARY CONSTRUCTION 

6 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

7 For an additional amount for ‘‘Military Construction, 

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

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

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

12 2010: Provided, That notwithstanding any other provision 

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

14 out planning and design and military construction projects 

15 not otherwise authorized by law: Provided further, That 

16 the amount provided under this heading is designated as 

17 an emergency requirement pursuant to section 402 of H. 

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

19 on the budget for fiscal year 2006. 

20 MILITARY CONSTRUCTION, AIR FORCE

21 For an additional amount for ‘‘Military Construction, 

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

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

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


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1 2010: Provided, That notwithstanding any other provision 

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

3 out planning and design and military construction projects 

4 not otherwise authorized by law: Provided further, That 

5 the amount provided under this heading is designated as 

6 an emergency requirement pursuant to section 402 of H. 

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

8 on the budget for fiscal year 2006. 

9 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

10 For an additional amount for ‘‘Military Construction, 

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

12 consequences of Hurricane Katrina and other hurricanes 

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

14 September 30, 2010: Provided, That notwithstanding any 

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

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

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

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

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

25 the budget for fiscal year 2006. 


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1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Military Construction, 

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

4 consequences of Hurricane Katrina and other hurricanes 

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

6 September 30, 2010: Provided, That notwithstanding any 

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

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

13 concurrent resolution on the budget for fiscal year 2006. 

14 MILITARY CONSTRUCTION, NAVY RESERVE

15 (INCLUDING RESCISSION OF FUNDS)

16 For an additional amount for ‘‘Military Construction, 

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

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

20 September 30, 2010: Provided, That notwithstanding any 

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


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

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

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

4 Provided further, That the amounts provided under this 

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

7 the concurrent resolution on the budget for fiscal year 

8 2006. 

9 DEPARTMENT OF VETERANS AFFAIRS 

10 DEPARTMENTAL ADMINISTRATION

11 CONSTRUCTION, MAJOR PROJECTS

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Construction, Major 

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

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

17 expended: Provided, That the foregoing amount shall only 

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

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

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

22 enactment of this Act and without regard to the preceding 

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

25 only for unanticipated costs related to the Global War on 

26 Terror: Provided further, That the Secretary of Veterans 


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

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

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

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

8 concurrent resolution on the budget for fiscal year 2006. 

9 CHAPTER 7 

10 DEPARTMENT OF JUSTICE 

11 LEGAL ACTIVITIES

12 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

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

16 amount provided under this heading is designated as an 

17 emergency requirement pursuant to section 402 of H. 

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

19 on the budget for fiscal year 2006. 

20 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

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

24 amount provided under this heading is designated as an 

25 emergency requirement pursuant to section 402 of H. 


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

2 on the budget for fiscal year 2006. 

3 DEPARTMENT OF COMMERCE 

4 NATIONAL OCEANIC AND ATMOSPHERIC

5 ADMINISTRATION

6 PROCUREMENT, ACQUISITION AND CONSTRUCTION

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

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

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

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

16 SCIENCE 

17 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

18 EXPLORATION CAPABILITIES

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

21 of Hurricane Katrina and other hurricanes of the 2005 

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

23 Provided, That the amount provided under this heading 

24 is designated as an emergency requirement pursuant to 


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

3 RELATED AGENCIES 

4 SMALL BUSINESS ADMINISTRATION

5 DISASTER LOANS PROGRAM ACCOUNT

6 (INCLUDING TRANSFERS OF FUNDS)

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

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

10 to remain available until expended: Provided, That such 

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

12 as defined in section 502 of the Congressional Budget Act 

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

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

18 Provided further, That none of the funds provided under 

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

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

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

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

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


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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 CHAPTER 8 

4 DEPARTMENT OF HOUSING AND URBAN 

5 DEVELOPMENT 

6 COMMUNITY PLANNING AND DEVELOPMENT

7 COMMUNITY DEVELOPMENT FUND

8 (INCLUDING TRANSFER OF FUNDS)

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

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

13 the consequences of hurricanes in the Gulf of Mexico in 

14 2005 in States for which the President declared a major 

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

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

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

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

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

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

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

26 under this heading shall be administered through an entity 


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1 or entities designated by the Governor of each State: Pro2 vided further, That such funds may not be used for activi3 ties reimbursable by or for which funds are made available 

4 by the Federal Emergency Management Agency or the 

5 Army Corps of Engineers: Provided further, That funds 

6 allocated under this heading shall not adversely affect the 

7 amount of any formula assistance received by a State 

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

9 use up to five percent of its allocation for administrative 

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

11 from funds made available under this heading shall be 

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

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

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

18 may waive, or specify alternative requirements for, any 

19 provision of any statute or regulation that the Secretary 

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

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

25 to facilitate the use of such funds or guarantees, and a 


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1 finding by the Secretary that such waiver would not be 

2 inconsistent with the overall purpose of the statute, as 

3 modified: Provided further, That the Secretary may waive 

4 the requirement that activities benefit persons of low and 

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

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

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

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

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

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

19 submit a plan to the Secretary detailing the proposed use 

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

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

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

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1 construction of the affordable rental housing stock includ2 ing public and other HUD-assisted housing: Provided fur3 ther, That each State will report quarterly to the Commit4 tees on Appropriations on all awards and uses of funds 

5 made available under this heading, including specifically 

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

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

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

13 establish procedures to prevent recipients from receiving 

14 any duplication of benefits and report quarterly to the 

15 Committees on Appropriations with regard to all steps 

16 taken to prevent fraud and abuse of funds made available 

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

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

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

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

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

25 requirement, share, or contribution for any other Federal 


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1 program: Provided further, That the amounts provided 

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

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

5 for fiscal year 2006. 

6 INDEPENDENT AGENCY 

7 GENERAL SERVICES ADMINISTRATION

8 FEDERAL BUILDINGS FUND

9 For an additional amount for ‘‘Federal Buildings 

10 Fund’’ for necessary expenses related to the consequences 

11 of Hurricane Katrina and other hurricanes of the 2005 

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

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

17 amount provided under this heading is designated as an 

18 emergency requirement pursuant to section 402 of H. 

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

20 on the budget for fiscal year 2006. 

21 TITLE III—GENERAL PROVISIONS AND 

22 TECHNICAL CORRECTIONS 

23 SEC. 3001. No part of any appropriation contained 

24 in this Act shall remain available for obligation beyond 

25 the current fiscal year unless expressly so provided herein. 


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1 SEC. 3002. Notwithstanding subsection (b) of section 

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

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

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

8 provided under this heading is designated as an emergency 

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

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

11 for fiscal year 2006. 

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

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

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

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

17 (INCLUDING RESCISSION OF FUNDS)

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

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

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

24 for critical investigative and protective operations, 

25 $43,620,000: Provided, That none of the funds appro26 priated in this section or under the heading United States 


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1 Secret Service ‘‘Salaries and Expenses’’ in any other Act 

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

3 Officer until the Committees on Appropriations receive: 

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

7 analysis of the methodology used to estimate current 

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

9 a budget formulation model for National Special Security 

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

13 and Activity schedule based on current investigative and 

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

16 requirements. 

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

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

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

21 Stewart B. McKinney Homeless Assistance Act 

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

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1 ing Act, or section 101 of the Housing and Urban 

2 Development Act of 1965’’; and 

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

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

5 apply’’ after ‘‘1937’’. 

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

7 an emergency requirement pursuant to section 402 of H. 

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

9 on the budget for fiscal year 2006. 

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

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

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

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

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

16 funds that were allocated by the New York Metropolitan 

17 Transportation Council to the New York City Department 

18 of Transportation as a designated recipient under 49 

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

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

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

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

25 to be amended— 


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

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

4 and 

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

7 construction and renovation for the Mid-Pinellas 

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

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

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

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

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

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

17 relating to the Economic Development Initiative submitted 

18 to the House of Representatives by the Chairman of the 

19 Committee on Appropriations of the House on November 

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

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

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

24 Law 109–115 (as in effect pursuant to H. Con. Res. 308, 


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1 109th Congress)’’ and inserting ‘‘in title III of division 

2 A of Public Law 109–115’’. 

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

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

5 its enactment. 

6 SEC. 3009. The statement of managers correction 

7 referenced in the second paragraph under the heading 

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

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

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

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

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

15 ‘‘in Pennsylvania’’; and 

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

19 and inserting ‘‘City of Greenwood, South Carolina 

20 for the Emerald Triangle Project;’’. 

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

22 of 2005 is amended— 

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

24 only obligation and expenditure’’; 

25 (2) in subsection (a)(2)— 


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1 (A) by striking ‘‘for fiscal year 2007’’; and 

2 (B) by inserting before the period at the 

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

4 September 30, 2007’’; and 

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

6 following: 

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

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

11 the budget for fiscal year 2006.’’. 

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

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

14 under section 721 of the Defense Production Act of 1950 

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

16 approve or otherwise allow the acquisition of any leases, 

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

18 Dubai Ports World or any other legal entity affiliated with 

19 or controlled by Dubai Ports World. 

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

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

22 under section 721 of the Defense Production Act of 1950 

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

25 Ports World or any other legal entity affiliated with or 


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1 controlled by Dubai Ports World is hereby prohibited and 

2 shall have no effect. 

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

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

6 after January 1, 2006. 

7 (d) In this section: 

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

9 North America, a United States subsidiary of the 

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

12 Kingdom. 

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

14 Dubai Ports World, a company that is partly owned 

15 and controlled by the Government of the United 

16 Arab Emirates. 

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

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

20 programs may be obligated or expended for assistance to 

21 the Palestinian Authority or a successor entity until the 

22 Secretary of State certifies to the Committees on Appro23 priations that such entity has demonstrated its commit24 ment to the principles of nonviolence, the recognition of 


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1 Israel, and the acceptance of previous agreements and ob2 ligations, including the Roadmap. 

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

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

5 prior Act making appropriations for foreign operations, 

6 export financing and related programs may be obligated 

7 or expended for assistance to the West Bank and Gaza 

8 until the Secretary of State reviews the current assistance 

9 program, consults with the Committees on Appropriations, 

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

11 That such plan shall be submitted not later than April 

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

13 to ensure that United States assistance is not provided 

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

15 or educational institution that the Secretary knows or has 

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

17 or has engaged in, terrorist activity. 

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

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

21 to legally vote in any officially designated election of the 

22 Gulf Coast region. 

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

24 Act may be used by the Government of the United States 


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1 to enter into a basing rights agreement between the 

2 United States and Iraq. 

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

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

6 That the following sums are appropriated, out of any 

7 money in the Treasury not otherwise appropriated, for the 

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

10 TITLE I 

11 GLOBAL WAR ON TERROR SUPPLEMENTAL 

12 APPROPRIATIONS 

13 CHAPTER 1 

14 DEPARTMENT OF AGRICULTURE 

15 FOREIGN AGRICULTURAL SERVICE

16 PUBLIC LAW 480 TITLE II GRANTS

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

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

19 recoverable, and unrecovered prior years’ costs, including 

20 interest thereon, under the Agricultural Trade Development 

21 and Assistance Act of 1954, for commodities supplied in 

22 connection with dispositions abroad under title II of said 

23 Act, $350,000,000, to remain available until expended: Pro24 vided, That from this amount, to the maximum extent pos25 sible, funding shall be used to support the previously apVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 proved fiscal year 2006 programs under section 204(a)(2) 

2 of the Agricultural Trade Development and Assistance Act 

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

4 this heading is designated as an emergency requirement 

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

7 2006. 

8 CHAPTER 2 

9 DEPARTMENT OF JUSTICE 

10 LEGAL ACTIVITIES

11 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

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

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

17 concurrent resolution on the budget for fiscal year 2006. 

18 UNITED STATES MARSHALS SERVICE

19 SALARIES AND EXPENSES

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

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

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

25 concurrent resolution on the budget for fiscal year 2006. 


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1 FEDERAL BUREAU OF INVESTIGATION

2 SALARIES AND EXPENSES

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

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

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

8 concurrent resolution on the budget for fiscal year 2006. 

9 DRUG ENFORCEMENT ADMINISTRATION

10 SALARIES AND EXPENSES

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

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

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

16 concurrent resolution on the budget for fiscal year 2006. 

17 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

18 EXPLOSIVES

19 SALARIES AND EXPENSES

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

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

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

25 concurrent resolution on the budget for fiscal year 2006. 


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1 DEPARTMENT OF STATE AND RELATED AGENCY 

2 DEPARTMENT OF STATE 

3 ADMINISTRATION OF FOREIGN AFFAIRS

4 DIPLOMATIC AND CONSULAR PROGRAMS

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

7 September 30, 2007: Provided, That of the funds available 

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

9 available for the establishment and adequate support, in10 cluding staffing and travel, of the Office of the Presidential 

11 Special Envoy for Sudan, with a mandate that shall in12 clude pursuing, in conjunction with the African Union and 

13 other international actors, a sustainable peace settlement to 

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

15 to the Comprehensive Peace Agreement for Sudan with im16 plementation of the Agreement, coordinating policy, making 

17 recommendations, and pursuing efforts related to conflict 

18 resolution to bring lasting stability to all areas of Sudan 

19 and the region, including northern Uganda and Chad, fa20 cilitating, in cooperation with the people of Darfur and the 

21 African Union, a dialogue within Darfur to promote con22 flict resolution and reconciliation at the grass roots level, 

23 and developing a common policy approach among inter24 national partners to address such issues: Provided further, 

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. 

4 OFFICE OF INSPECTOR GENERAL

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Office of Inspector 

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

8 30, 2007, of which $24,000,000 shall be transferred to the 

9 Special Inspector General for Iraq Reconstruction: Pro10 vided, That the amounts provided under this heading are 

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

14 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

15 For an additional amount for ‘‘Educational and Cul16 tural Exchange Programs’’, $5,000,000, to remain available 

17 until expended: 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. 


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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

3 ACTIVITIES

4 For an additional amount for ‘‘Contributions for 

5 International Peacekeeping Activities’’, $129,800,000, to re6 main available until September 30, 2007: Provided, That 

7 the amount provided under this heading is designated as 

8 an emergency requirement pursuant to section 402 of H. 

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

10 the budget for fiscal year 2006. 

11 RELATED AGENCY 

12 BROADCASTING BOARD OF GOVERNORS

13 INTERNATIONAL BROADCASTING OPERATIONS

14 For an additional amount for ‘‘International Broad15 casting Operations’’ for programs and activities promoting 

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

17 expended: 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 GENERAL PROVISION—THIS CHAPTER 

22 DIPLOMATIC AND CONSULAR PROGRAMS—LIMITATION

23 SEC. 1201. Notwithstanding any other provision of 

24 this Act, the amount provided for ‘‘Diplomatic and Con25 sular Programs’’ shall be $1,392,600,000. 


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1 AUTHORIZATION OF FUNDS

2 SEC. 1202. Funds appropriated or made available by 

3 transfer in this chapter may be obligated and expended not4 withstanding section 15 of the State Department Basic Au5 thorities Act of 1956, section 10 of Public Law 91–672 (22 

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

7 of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the For8 eign Relations Authorization Act, Fiscal Years 1994 and 

9 1995 (Public Law 103–236). 

10 SEC. 1203. DEPARTMENT OF STATE AND USAID AU11 THORITIES. (a) WAIVER OF ANNUITY LIMITATIONS ON RE12 EMPLOYED FOREIGN SERVICE ANNUITANTS.—Section 

13 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 

14 4064(g)) is amended to read as follows: 

15 ‘‘(g)(1) The Secretary of State may waive the applica16 tion of subsections (a) through (d) on a case-by-case basis 

17 for an annuitant reemployed on a temporary basis, or 

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

19 the application of subsections (a) through (d) on a case20 by-case basis for an annuitant reemployed on a temporary 

21 basis— 

22 ‘‘(A) if, and for so long as, such waiver is nec23 essary due to an emergency involving a direct threat 

24 to life or property or other unusual circumstances; or 


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

2 for which there is exceptional difficulty in recruiting 

3 or retaining a qualified employee. 

4 ‘‘(2) The authority of the Secretary to waive the appli5 cation of subsections (a) through (d) for an annuitant pur6 suant to subparagraph (B) of paragraph (1), or to grant 

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

8 application of such subsections to an annuitant under sub9 paragraphs (A) or (B) of such paragraph, shall terminate 

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

11 such authority prior to such termination date may be em12 ployed for a period ending not later than one year after 

13 such date. 

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

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

16 criteria for any exercise of authority and procedures for a 

17 delegation of authority.’’. 

18 (b) WAIVER OF ANNUITY LIMITATIONS ON REEM19 PLOYED CIVIL SERVICE ANNUITANTS.— 

20 (1) DEPARTMENT OF STATE.—Title I of the De21 partment of State Basic Authorities Act of 1956 (22 

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

23 end the following new section: 


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

2 CIVIL SERVICE RETIREMENT SYSTEM AND 

3 FEDERAL EMPLOYEES’ RETIREMENT SYSTEM. 

4 ‘‘(a) AUTHORITY.— 

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

6 waive the application of the provisions of section 

7 8344 or 8468 of title 5, United States Code, on a 

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

9 a position in the Department of State for which there 

10 is exceptional difficulty in recruiting or retaining a 

11 qualified employee, or when a temporary emergency 

12 hiring need exists. 

13 ‘‘(2) TERMINATION OF AUTHORITY.—The author14 ity of the Secretary under paragraph (1) shall termi15 nate on October 1, 2008. An annuitant reemployed 

16 pursuant to such authority prior to such termination 

17 date may be employed for a period ending not later 

18 than one year after such date. 

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

20 procedures for the exercise of any authority under sub21 section (a), including criteria for any exercise of authority 

22 and procedures for a delegation of authority. 

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

24 PURPOSES OF RETIREMENT BENEFITS.—An employee for 

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


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1 considered an employee for purposes of subchapter III of 

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

3 (2) UNITED STATES AGENCY FOR INTERNATIONAL

4 DEVELOPMENT.—Section 625 of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2385) is amended by 

6 adding at the end the following new subsection: 

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

8 Agency for International Development may waive the ap9 plication of the provisions of section 8344 or 8468 of title 

10 5, United States Code, on a case-by-case basis for employ11 ment of an annuitant in a position in the United States 

12 Agency for International Development for which there is ex13 ceptional difficulty in recruiting or retaining a qualified 

14 employee, or when a temporary emergency hiring need ex15 ists. 

16 ‘‘(B) The authority of the Administrator under sub17 paragraph (A) shall terminate on October 1, 2008. An an18 nuitant reemployed pursuant to such authority prior to 

19 such termination date may be employed for a period ending 

20 not later than one year after such date. 

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

22 the exercise of any authority under this subsection, includ23 ing criteria for any exercise of authority and procedures 

24 for a delegation of authority. 


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1 ‘‘(3) An employee for whom a waiver under this sec2 tion is in effect shall not be considered an employee for pur3 poses of subchapter III of chapter 83, or chapter 84 of title 

4 5, United States Code.’’. 

5 (c) REPORTON USE OF ANNUITY LIMITATION WAIVER

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

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

8 to the Committee on Foreign Relations and the Committee 

9 on Homeland Security and Government Affairs of the Sen10 ate and the Committee on International Relations and the 

11 Committee on Government Reform of the House of Rep12 resentatives a report on the exercise of the waiver authori13 ties provided under section 824(g) of the Foreign Service 

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

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

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

17 625(j) of the Foreign Assistance Act of 1961, as added by 

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

19 type of positions that have been filled under such waiver 

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

21 job title of each annuitant reemployed under such authority. 

22 (d) HOME LEAVE PROVISIONS.— 

23 (1) TRAVEL EXPENSES FOR RESTAND RECUPER24 ATION TRAVEL.—Section 901(6) of the Foreign ServVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 ice Act (22 U.S.C. 4081(6)) is amended by striking 

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

3 (2) AUTHORITY TO REQUIRE LEAVES OF AB4 SENCE.—Section 903(a) of the Foreign Service Act 

5 (22 U.S.C. 4083) is amended by striking ‘‘18 months’’ 

6 and inserting ‘‘12 months’’. 

7 (e) AUTHORITY TO PROVIDE ACCOMMODATION AND

8 SUBSISTENCE TO INDIVIDUALS SERVING IN IRAQ AND AF9 GHANISTAN.—The Secretary of State may provide during 

10 any fiscal year, with or without reimbursement, accommo11 dation and subsistence to personnel in Iraq and Afghani12 stan for whom the Chief of Mission is responsible. 

13 PROHIBITION ON USE OF FUNDS FOR CERTAIN PURPOSES

14 IN IRAQ

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

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

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

18 States control over the oil infrastructure or oil resources of 

19 Iraq. 

20 PROHIBITION ON USE OF FUNDS FOR CERTAIN PURPOSES

21 IN IRAQ

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

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

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

25 infrastructure or oil resources of Iraq. 


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1 CHAPTER 3 

2 DEPARTMENT OF DEFENSE—MILITARY 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $6,665,284,000: 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 MILITARY PERSONNEL, NAVY

12 For an additional amount for ‘‘Military Personnel, 

13 Navy’’, $1,071,474,000: Provided, That the amount pro14 vided under this heading is designated as an emergency re15 quirement pursuant to section 402 of H. Con. Res. 95 

16 (109th Congress), the concurrent resolution on the budget 

17 for fiscal year 2006. 

18 MILITARY PERSONNEL, MARINE CORPS

19 For an additional amount for ‘‘Military Personnel, 

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

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $1,195,713,000: Provided, That the amount 

4 provided under this heading is designated as an emergency 

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

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

7 for fiscal year 2006. 

8 RESERVE PERSONNEL, ARMY

9 For an additional amount for ‘‘Reserve Personnel, 

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

11 under this heading is designated as an emergency require12 ment pursuant to section 402 of H. Con. Res. 95 (109th 

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

14 year 2006. 

15 RESERVE PERSONNEL, NAVY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Navy’’, $115,712,000: 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 RESERVE PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, Ma24 rine Corps’’, $13,192,000: Provided, That the amount pro25 vided under this heading is designated as an emergency reVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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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 RESERVE PERSONNEL, AIR FORCE

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

6 Force’’, $3,440,000: Provided, That the amount provided 

7 under this heading is designated as an emergency require8 ment pursuant to section 402 of H. Con. Res. 95 (109th 

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

10 year 2006. 

11 NATIONAL GUARD PERSONNEL, ARMY

12 For an additional amount for ‘‘National Guard Per13 sonnel, Army’’, $121,550,000: Provided, That the amount 

14 provided under this heading 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 NATIONAL GUARD PERSONNEL, AIR FORCE

19 For an additional amount for ‘‘National Guard Per20 sonnel, Air Force’’, $6,200,000: 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 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Mainte4 nance, Army’’, $17,594,410,000: Provided, That the amount 

5 provided under this heading is designated as an emergency 

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

7 (109th Congress), the concurrent resolution on the budget 

8 for fiscal year 2006. 

9 OPERATION AND MAINTENANCE, NAVY

10 For an additional amount for ‘‘Operation and Mainte11 nance, Navy’’, $2,826,693,000: Provided, That the amount 

12 provided under this heading is designated as an emergency 

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

14 (109th Congress), the concurrent resolution on the budget 

15 for fiscal year 2006. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For an additional amount for ‘‘Operation and Mainte18 nance, Marine Corps’’, $1,589,911,000: Provided, That the 

19 amount provided under this heading is designated as an 

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

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

22 budget for fiscal year 2006. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Mainte25 nance, Air Force’’, $6,057,408,000: Provided, That the 


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1 amount provided under this heading is designated as an 

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

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

4 budget for fiscal year 2006. 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Operation and Mainte8 nance, Defense-Wide’’, $2,879,899,000, of which— 

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

10 Combatant Commander Initiative Fund, to be used in 

11 support of Operation Iraqi Freedom and Operation 

12 Enduring Freedom; 

13 (2) not to exceed $740,000,000, to remain avail14 able until expended, may be used for payments to re15 imburse Pakistan, Jordan, and other key cooperating 

16 nations, for logistical, military, and other support 

17 provided, or to be provided, to United States military 

18 operations, notwithstanding any other provision of 

19 law: Provided, That such payments may be made in 

20 such amounts as the Secretary of Defense, with the 

21 concurrence of the Secretary of State, and in con22 sultation with the Director of the Office of Manage23 ment and Budget, may determine, in his discretion, 

24 based on documentation determined by the Secretary 

25 of Defense to adequately account for the support proVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 vided, and such determination is final and conclusive 

2 upon the accounting officers of the United States, and 

3 15 days following notification to the appropriate con4 gressional committees: Provided further, That the Sec5 retary of Defense shall provide quarterly reports to 

6 the congressional defense committees on the use of 

7 funds provided in this paragraph; 

8 (3) not to exceed $36,500,000 for Cooperative 

9 Threat Reduction; and 

10 (4) $75,000,000 shall be transferred to the Coast 

11 Guard ‘‘Operating Expenses’’ account: 

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 OPERATION AND MAINTENANCE, ARMY RESERVE

17 For an additional amount for ‘‘Operation and Mainte18 nance, Army Reserve’’, $100,100,000: Provided, That the 

19 amount provided under this heading is designated as an 

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

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

22 budget for fiscal year 2006. 

23 OPERATION AND MAINTENANCE, NAVY RESERVE

24 For an additional amount for ‘‘Operation and Mainte25 nance, Navy Reserve’’, $236,509,000: Provided, That the 


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1 amount provided under this heading is designated as an 

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

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

4 budget for fiscal year 2006. 

5 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

6 For an additional amount for ‘‘Operation and Mainte7 nance, Marine Corps Reserve’’, $87,875,000: Provided, That 

8 the amount provided under this heading is designated as 

9 an emergency requirement pursuant to section 402 of H. 

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

11 the budget for fiscal year 2006. 

12 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Air Force Reserve’’, $18,563,000: Provided, That the 

15 amount provided under this heading is designated as an 

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

17 Res. 95 (109th Congress), the concurrent resolution on the 

18 budget for fiscal year 2006. 

19 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

20 For an additional amount for ‘‘Operation and Mainte21 nance, Army National Guard’’, $178,600,000: Provided, 

22 That the amount provided under this heading 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 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air National Guard’’, $30,400,000: Provided, That 

4 the amount provided under this heading is designated as 

5 an emergency requirement pursuant to section 402 of H. 

6 Con. Res. 95 (109th Congress), the concurrent resolution on 

7 the budget for fiscal year 2006. 

8 AFGHANISTAN SECURITY FORCES FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For the ‘‘Afghanistan Security Forces Fund’’, 

11 $1,908,133,000, to remain available until September 30, 

12 2007: Provided, That such funds shall be available to the 

13 Secretary of Defense, notwithstanding any other provision 

14 of law, for the purpose of allowing the Commander, Office 

15 of Security Cooperation—Afghanistan, or the Secretary’s 

16 designee, to provide assistance, with the concurrence of the 

17 Secretary of State, to the security forces of Afghanistan, in18 cluding the provision of equipment, supplies, services, 

19 training, facility and infrastructure repair, renovation, 

20 and construction, and funding: Provided further, That the 

21 authority to provide assistance under this section is in ad22 dition to any other authority to provide assistance to for23 eign nations: Provided further, That the Secretary of De24 fense may transfer such funds to appropriations for mili25 tary personnel; operation and maintenance; Overseas HuVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 manitarian, Disaster, and Civic Aid; procurement; re2 search, development, test and evaluation; and defense work3 ing capital funds to accomplish the purposes provided here4 in: Provided further, That this transfer authority is in ad5 dition to any other transfer authority available to the De6 partment of Defense: Provided further, That upon a deter7 mination that all or part of the funds so transferred from 

8 this appropriation are not necessary for the purposes pro9 vided herein, such amounts may be transferred back to this 

10 appropriation: Provided further, That contributions of 

11 funds for the purposes provided herein from any person, 

12 foreign government, or international organization may be 

13 credited to this Fund, and used for such purposes: Provided 

14 further, That the Secretary shall notify the congressional 

15 defense committees in writing upon the receipt and upon 

16 the transfer of any contribution, delineating the sources and 

17 amounts of the funds received and the specific use of such 

18 contributions: Provided further, That the Secretary of De19 fense shall, not fewer than five days prior to making trans20 fers from this appropriation account, notify the congres21 sional defense committees in writing of the details of any 

22 such transfer: Provided further, That the Secretary shall 

23 submit a report no later than 30 days after the end of each 

24 fiscal quarter to the congressional defense committees sum25 marizing the details of the transfer of funds from this apVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 propriation: Provided further, That the amount provided 

2 under this heading is designated as an emergency require3 ment pursuant to section 402 of H. Con. Res. 95 (109th 

4 Congress), the concurrent resolution on the budget for fiscal 

5 year 2006. 

6 IRAQ SECURITY FORCES FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For the ‘‘Iraq Security Forces Fund’’, $3,703,000,000, 

9 to remain available until September 30, 2007: Provided, 

10 That such funds shall be available to the Secretary of De11 fense, notwithstanding any other provision of law, for the 

12 purpose of allowing the Commander, Multi-National Secu13 rity Transition Command—Iraq, or the Secretary’s des14 ignee, to provide assistance, with the concurrence of the Sec15 retary of State, to the security forces of Iraq, including the 

16 provision of equipment, supplies, services, training, facility 

17 and infrastructure repair, renovation, and construction, 

18 and funding: Provided further, That the authority to pro19 vide assistance under this section is in addition to any 

20 other authority to provide assistance to foreign nations: 

21 Provided further, That the Secretary of Defense may trans22 fer such funds to appropriations for military personnel; op23 eration and maintenance; Overseas Humanitarian, Dis24 aster, and Civic Aid; procurement; research, development, 

25 test and evaluation; and defense working capital funds to 


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1 accomplish the purposes provided herein: Provided further, 

2 That this transfer authority is in addition to any other 

3 transfer authority available to the Department of Defense: 

4 Provided further, That upon a determination that all or 

5 part of the funds so transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That contributions of funds for the pur9 poses provided herein from any person, foreign government, 

10 or international organization may be credited to this Fund, 

11 and used for such purposes: Provided further, That the Sec12 retary shall notify the congressional defense committees in 

13 writing upon the receipt and upon the transfer of any con14 tribution, delineating the sources and amounts of the funds 

15 received and the specific use of such contributions: Provided 

16 further, That the Secretary of Defense shall, not fewer than 

17 five days prior to making transfers from this appropriation 

18 account, notify the congressional defense committees in 

19 writing of the details of any such transfer: Provided further, 

20 That the Secretary shall submit a report no later than 30 

21 days after the end of each fiscal quarter to the congressional 

22 defense committees summarizing the details of the transfer 

23 of funds from this appropriation: Provided further, 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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1 Con. Res. 95 (109th Congress), the concurrent resolution on 

2 the budget for fiscal year 2006. 

3 IRAQ FREEDOM FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Iraq Freedom Fund’’, 

6 $25,000,000, to remain available for transfer until Sep7 tember 30, 2007: Provided, That the amount provided under 

8 this heading is designated as an emergency requirement 

9 pursuant to section 402 of H. Con. Res. 95 (109th Con10 gress), the concurrent resolution on the budget for fiscal year 

11 2006. 

12 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For the ‘‘Joint Improvised Explosive Device Defeat 

15 Fund’’, $1,958,089,000, to remain available until Sep16 tember 30, 2008: Provided, That such funds shall be avail17 able to the Secretary of Defense, notwithstanding any other 

18 provision of law, for the purpose of allowing the Director 

19 of the Joint Improvised Explosive Device Defeat Organiza20 tion to investigate, develop and provide equipment, sup21 plies, services, training, facilities, personnel and funds to 

22 assist United States forces in the defeat of improvised explo23 sive devices: Provided further, That within 90 days of the 

24 enactment of this Act, a plan for the intended management 

25 and use of the Fund is provided to the congressional defense 


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1 committees: Provided further, That the Secretary of Defense 

2 shall submit a report not later than 30 days after the end 

3 of each fiscal quarter to the congressional defense commit4 tees providing assessments of the evolving threats, indi5 vidual service requirements to counter the threats, the cur6 rent strategy for predeployment training of members of the 

7 Armed Forces on improvised explosive devices, and details 

8 on the execution of this Fund: Provided further, That the 

9 Secretary of Defense may transfer funds provided herein to 

10 appropriations for military personnel; operation and main11 tenance; procurement; research, development, test and eval12 uation; and defense working capital funds to accomplish the 

13 purpose provided herein: Provided further, That this trans14 fer authority is in addition to any other transfer authority 

15 available to the Department of Defense: Provided further, 

16 That upon determination that all or part of the funds so 

17 transferred from this appropriation are not necessary for 

18 the purpose provided herein, such amounts may be trans19 ferred back to this appropriation: Provided further, That 

20 the Secretary of Defense shall, not fewer than 5 days prior 

21 to making transfers from this appropriation, notify the con22 gressional defense committees in writing of the details of 

23 any such transfer: Provided further, That the amount pro24 vided under this heading is designated as an emergency re25 quirement pursuant to section 402 of H. Con. Res. 95 


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1 (109th Congress), the concurrent resolution on the budget 

2 for fiscal year 2006. 

3 PROCUREMENT 

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Army’’, $533,200,000, to remain available until September 

7 30, 2008: 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 MISSILE PROCUREMENT, ARMY

12 For an additional amount for ‘‘Missile Procurement, 

13 Army’’, $203,300,000, to remain available until September 

14 30, 2008: Provided, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

17 concurrent resolution on the budget for fiscal year 2006. 

18 PROCUREMENTOF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For an additional amount for ‘‘Procurement of Weap21 ons and Tracked Combat Vehicles, Army’’, $1,592,451,000, 

22 to remain available until September 30, 2008: Provided, 

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 PROCUREMENTOF AMMUNITION, ARMY

4 For an additional amount for ‘‘Procurement of Am5 munition, Army’’, $829,679,000, to remain available until 

6 September 30, 2008: Provided, That the amount provided 

7 under this heading is designated as an emergency require8 ment pursuant to section 402 of H. Con. Res. 95 (109th 

9 Congress), the concurrent resolution on the budget for fiscal 

10 year 2006. 

11 OTHER PROCUREMENT, ARMY

12 For an additional amount for ‘‘Other Procurement, 

13 Army’’, $6,286,145,000, to remain available until Sep14 tember 30, 2008: 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 AIRCRAFT PROCUREMENT, NAVY

20 For an additional amount for ‘‘Aircraft Procurement, 

21 Navy’’, $412,169,000, to remain available until September 

22 30, 2008: Provided, That the amount provided under this 

23 heading is designated as an emergency requirement pursu24 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

25 concurrent resolution on the budget for fiscal year 2006. 


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1 WEAPONS PROCUREMENT, NAVY

2 For an additional amount for ‘‘Weapons Procurement, 

3 Navy’’, $63,351,000, 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 PROCUREMENTOF AMMUNITION, NAVY AND MARINE

9 CORPS

10 For an additional amount for ‘‘Procurement of Am11 munition, Navy and Marine Corps’’, $327,126,000, to re12 main available until September 30, 2008: Provided, That 

13 the amount provided under this heading is designated as 

14 an emergency requirement pursuant to section 402 of H. 

15 Con. Res. 95 (109th Congress), the concurrent resolution on 

16 the budget for fiscal year 2006. 

17 OTHER PROCUREMENT, NAVY

18 For an additional amount for ‘‘Other Procurement, 

19 Navy’’, $140,144,000, to remain available until September 

20 30, 2008: Provided, That the amount provided under this 

21 heading is designated as an emergency requirement pursu22 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

23 concurrent resolution on the budget for fiscal year 2006. 


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1 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine 

3 Corps’’, $2,576,467,000, to remain available until Sep4 tember 30, 2008: 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 AIRCRAFT PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Aircraft Procurement, 

11 Air Force’’, $679,515,000, 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 PROCUREMENTOF AMMUNITION, AIR FORCE

18 For an additional amount for ‘‘Procurement of Am19 munition, Air Force’’, $29,047,000 to remain available 

20 until September 30, 2008: Provided, That the amount pro21 vided under this heading is designated as an emergency re22 quirement pursuant to section 402 of H. Con. Res. 95 

23 (109th Congress), the concurrent resolution on the budget 

24 for fiscal year 2006. 


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1 OTHER PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Other Procurement, 

3 Air Force’’, $1,452,651,000, to remain available until Sep4 tember 30, 2008: 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 PROCUREMENT, DEFENSE-WIDE

10 For an additional amount for ‘‘Procurement, Defense11 Wide’’, $331,353,000, to remain available until September 

12 30, 2008: Provided, That the amount provided under this 

13 heading is designated as an emergency requirement pursu14 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

15 concurrent resolution on the budget for fiscal year 2006. 

16 RESEARCH, DEVELOPMENT, TEST AND 

17 EVALUATION 

18 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, ARMY

19 For an additional amount for ‘‘Research, Develop20 ment, Test and Evaluation, Army’’, $54,700,000, to remain 

21 available until September 30, 2007: Provided, That the 

22 amount provided under this heading is designated as an 

23 emergency requirement pursuant to section 402 of H. Con. 

24 Res. 95 (109th Congress), the concurrent resolution on the 

25 budget for fiscal year 2006. 


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1 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, NAVY

2 For an additional amount for ‘‘Research, Develop3 ment, Test and Evaluation, Navy’’, $124,845,000, to re4 main available until September 30, 2007: 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 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, AIR

10 FORCE

11 For an additional amount for ‘‘Research, Develop12 ment, Test and Evaluation, Air Force’’, $382,630,000, to 

13 remain available until September 30, 2007: 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, TESTAND EVALUATION, 

19 DEFENSE-WIDE

20 For an additional amount for ‘‘Research, Develop21 ment, Test and Evaluation, Defense-Wide’’, $148,551,000, 

22 to remain available until September 30, 2007: Provided, 

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 REVOLVING AND MANAGEMENT FUNDS 

4 DEFENSE WORKING CAPITAL FUNDS

5 For an additional amount for ‘‘Defense Working Cap6 ital Funds’’, $516,700,000: 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 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

12 DEFENSE HEALTH PROGRAM

13 For an additional amount for ‘‘Defense Health Pro14 gram’’, $1,153,562,000 for operation and maintenance: 

15 Provided, That the amount provided under this heading is 

16 designated as an emergency requirement pursuant to sec17 tion 402 of H. Con. Res. 95 (109th Congress), the concur18 rent resolution on the budget for fiscal year 2006. 

19 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘Drug Interdiction and 

22 Counter-Drug Activities’’, $154,596,000, to remain avail23 able until expended: Provided, That these funds may be used 

24 only for such activities related to Afghanistan and the Cen25 tral Asia area: Provided further, That the Secretary of DeVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 fense may transfer such funds only to appropriations for 

2 military personnel; operation and maintenance; procure3 ment; and research, development, test and evaluation: Pro4 vided further, That the funds transferred shall be merged 

5 with and be available for the same purposes and for the 

6 same time period as the appropriation to which transferred: 

7 Provided further, That the transfer authority provided in 

8 this paragraph is in addition to any other transfer author9 ity available to the Department of Defense: Provided fur10 ther, That upon a determination that all or part of the 

11 funds transferred from this appropriation are not necessary 

12 for the purposes provided herein, such amounts may be 

13 transferred back to this appropriation: Provided further, 

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 OFFICE OF THE INSPECTOR GENERAL

19 For an additional amount for ‘‘Office of the Inspector 

20 General’’, $1,815,000: Provided, That the amount provided 

21 under this heading is designated as an emergency require22 ment pursuant to section 402 of H. Con. Res. 95 (109th 

23 Congress), the concurrent resolution on the budget for fiscal 

24 year 2006. 


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1 OTHER INDEPENDENT AGENCY 

2 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

3 For an additional amount for the ‘‘Intelligence Com4 munity Management Account’’, $158,875,000: Provided, 

5 That the amount provided under this heading 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 GENERAL PROVISIONS—THIS CHAPTER 

10 SPECIAL TRANSFER AUTHORITY

11 (TRANSFER OF FUNDS)

12 SEC. 1301. Upon his determination that such action 

13 is necessary in the national interest, the Secretary of De14 fense may transfer between appropriations up to 

15 $2,000,000,000 of the funds made available to the Depart16 ment of Defense in this chapter: Provided, That the Sec17 retary shall notify the Congress promptly of each transfer 

18 made pursuant to this authority: Provided further, That the 

19 transfer authority provided in this section is in addition 

20 to any other transfer authority available to the Department 

21 of Defense: Provided further, That the authority in this sec22 tion is subject to the same terms and conditions as the au23 thority provided in section 8005 of the Department of De24 fense Appropriations Act, 2006, except for the fourth pro25 viso: Provided further, That the amount made available by 

26 the transfer of funds in or pursuant to this section is desVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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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 GENERAL TRANSFER AUTHORITY

5 (TRANSFER OF FUNDS)

6 SEC. 1302. Section 8005 of the Department of Defense 

7 Appropriations Act, 2006, (Public Law 109–148; 119 Stat. 

8 2680), is amended by striking ‘‘$3,750,000,000’’ and insert9 ing ‘‘$4,350,000,000’’: Provided, That the amount made 

10 available by the transfer of funds in or pursuant to this 

11 section 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 DEFENSE COOPERATION ACCOUNT

15 (TRANSFER OF FUNDS)

16 SEC. 1303. During fiscal year 2006 and from funds 

17 in the Defense Cooperation Account, the Secretary of De18 fense may transfer not to exceed $5,800,000 to such appro19 priations or funds of the Department of Defense as he shall 

20 determine for use consistent with the purposes for which 

21 such funds were contributed and accepted: Provided, That 

22 such amounts shall be available for the same time period 

23 as the appropriation to which transferred: Provided further, 

24 That the amount made available by the transfer of funds 

25 in or pursuant to this section is designated as an emergency 

26 requirement pursuant to section 402 of H. Con. Res. 95 


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1 (109th Congress), the concurrent resolution on the budget 

2 for fiscal year 2006. 

3 UNITED STATES CONTRIBUTIONS TO NATO

4 SEC. 1304. Section 1005(c)(2) of the National Defense 

5 Authorization Act, Fiscal Year 2006 (Public Law 109–163) 

6 is amended by striking ‘‘$289,447,000’’ and inserting 

7 ‘‘$345,547,000’’. 

8 COUNTER-DRUG ACTIVITIES

9 SEC. 1305. (a) AUTHORITY TO PROVIDE SUPPORT.— 

10 Of the amount appropriated by this Act under the heading, 

11 ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’, 

12 not to exceed $23,100,000 may be made available for sup13 port for counter-drug activities of the Governments of Af14 ghanistan, Pakistan, and Kyrgyzstan: Provided, That such 

15 support shall be in addition to support provided for the 

16 counter-drug activities of such Governments under any 

17 other provision of the law. 

18 (b) TYPES OF SUPPORT.— 

19 (1) Except as specified in subsections (b)(2) and 

20 (b)(3) of this section, the support that may be pro21 vided under the authority in this section shall be lim22 ited to the types of support specified in section 

23 1033(c)(1) of the National Defense Authorization Act 

24 for Fiscal Year 1998 (Public Law 105–85, as amend25 ed by Public Law 106–398 and Public Law 108– 

26 136), and conditions on the provision of support as 


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1 contained in section 1033 shall apply for fiscal year 

2 2006. 

3 (2) The Secretary of Defense may transfer vehi4 cles, aircraft, and detection, interception, monitoring 

5 and testing equipment to said Governments for 

6 counter-drug activities. 

7 (3) For the Government of Afghanistan, the Sec8 retary of Defense may also provide individual and 

9 crew-served weapons, and ammunition for counter10 drug security forces. 

11 ADVANCE BILLING

12 SEC. 1306. Notwithstanding 10 U.S.C. 2208(l), the 

13 total amount of advance billings rendered or imposed for 

14 all working capital funds of the Department of Defense in 

15 fiscal year 2006 shall not exceed $1,200,000,000: Provided, 

16 That the amount provided under this heading is designated 

17 as an emergency requirement pursuant to section 402 of 

18 H. Con. Res. 95 (109th Congress), the concurrent resolution 

19 on the budget for fiscal year 2006. 

20 COMMANDER’S EMERGENCY RESPONSE PROGRAM

21 SEC. 1307. In addition to amounts authorized in sec22 tion 1202(a) of Public Law 109–163, from funds made 

23 available in this chapter to the Department of Defense, not 

24 to exceed $423,000,000 may be used to fund the Com25 mander’s Emergency Response Program and for a similar 


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1 program to assist the people of Afghanistan, to remain 

2 available until December 31, 2007. 

3 SUPERVISION AND ADMINISTRATION COSTS OF

4 CONSTRUCTION PROJECTS

5 SEC. 1308. Supervision and administration costs asso6 ciated with a construction project funded with Afghan Secu7 rity Forces Fund or Iraq Security Forces Fund appropria8 tions may be obligated at the time a construction contract 

9 is awarded: Provided, That for the purpose of this section, 

10 supervision and administration costs include all in-house 

11 Government costs. 

12 PROHIBITION OF NEW START PROGRAMS

13 SEC. 1309. None of the funds provided in this chapter 

14 may be used to finance programs or activities denied by 

15 Congress in fiscal year 2005 and 2006 appropriations to 

16 the Department of Defense or to initiate a procurement or 

17 research, development, test and evaluation new start pro18 gram without prior written notification to the congressional 

19 defense committees. 

20 RETROACTIVE PAYMENT OF ADDITIONAL DEATH GRATUITY

21 SEC. 1310. (a) Effective as of January 6, 2006, and 

22 as if included in the enactment of the National Defense Au23 thorization Act for Fiscal Year 2006 (Public Law 109–163), 

24 subsection (d)(2) of section 1478 of title 10, United States 

25 Code, as added by section 664(b) of such Act (119 Stat. 


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1 3316), is amended by striking ‘‘May 11, 2005’’ and insert2 ing ‘‘August 31, 2005’’. 

3 (b) AVAILABILITY OF FUNDS.—Of the amounts appro4 priated or otherwise made available by this chapter for 

5 military personnel, an aggregate of $48,750,000 shall be 

6 available for the retroactive payment of death gratuity with 

7 respect to members of the Armed Forces as a result of the 

8 amendment made by subsection (a). 

9 VOTING ASSISTANCE

10 SEC. 1311. (a) Congress recognizes the importance of 

11 ensuring that absent uniformed services voters, Department 

12 of Defense personnel, and their dependents have the oppor13 tunity to exercise their right to vote. 

14 (b) IVAS BALLOT REQUEST PROGRAM.— 

15 (1) The Interim Voting Assistance System 

16 (IVAS) Ballot Request Program shall be continued 

17 with respect to all Department of Defense personnel, 

18 and their families, covered by the Uniformed and 

19 Overseas Citizens Absentee Voting Act (42 U.S.C. 

20 1973ff et seq.). 

21 (2) Not later than 90 days after the date of the 

22 enactment of this Act, the Secretary shall submit to 

23 the congressional defense committees a report on the 

24 status of the program. 


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1 (c) FUNDING.—Of the amounts provided by this Act, 

2 $5,820,000 shall be available for the program referred to 

3 in subsection (b). 

4 NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS

5 PERFORMING ACTIVE SERVICE IN THE UNIFORMED

6 SERVICES OR NATIONAL GUARD

7 SEC. 1312. (a) SHORT TITLE.—This section may be 

8 cited as the ‘‘Reservists Pay Security Act of 2006’’. 

9 (b) IN GENERAL.—Subchapter IV of chapter 55 of title 

10 5, United States Code, is amended by adding at the end 

11 the following: 

12 ‘‘§ 5538. Nonreduction in pay while serving in the uni13 formed services or National Guard 

14 ‘‘(a) An employee who is absent from a position of em15 ployment with the Federal Government in order to perform 

16 active duty in the uniformed services pursuant to a call 

17 or order to active duty under a provision of law referred 

18 to in section 101(a)(13)(B) of title 10 shall be entitled, while 

19 serving on active duty, to receive, for each pay period de20 scribed in subsection (b), an amount equal to the amount 

21 by which— 

22 ‘‘(1) the amount of basic pay which would other23 wise have been payable to such employee for such pay 

24 period if such employee’s civilian employment with 

25 the Government had not been interrupted by that 

26 service, exceeds (if at all) 


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1 ‘‘(2) the amount of pay and allowances which 

2 (as determined under subsection (d))— 

3 ‘‘(A) is payable to such employee for that 

4 service; and 

5 ‘‘(B) is allocable to such pay period. 

6 ‘‘(b)(1) Amounts under this section shall be payable 

7 with respect to each pay period (which would otherwise 

8 apply if the employee’s civilian employment had not been 

9 interrupted)— 

10 ‘‘(A) during which such employee is entitled to 

11 reemployment rights under chapter 43 of title 38 with 

12 respect to the position from which such employee is 

13 absent (as referred to in subsection (a)); and 

14 ‘‘(B) for which such employee does not otherwise 

15 receive basic pay (including by taking any annual, 

16 military, or other paid leave) to which such employee 

17 is entitled by virtue of such employee’s civilian em18 ployment with the Government. 

19 ‘‘(2) For purposes of this section, the period during 

20 which an employee is entitled to reemployment rights under 

21 chapter 43 of title 38— 

22 ‘‘(A) shall be determined disregarding the provi23 sions of section 4312(d) of title 38; and 

24 ‘‘(B) shall include any period of time specified 

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1 ployee may report or apply for employment or reem2 ployment following completion of service on active 

3 duty to which called or ordered as described in sub4 section (a). 

5 ‘‘(c) Any amount payable under this section to an em6 ployee shall be paid— 

7 ‘‘(1) by such employee’s employing agency; 

8 ‘‘(2) from the appropriation or fund which 

9 would be used to pay the employee if such employee 

10 were in a pay status; and 

11 ‘‘(3) to the extent practicable, at the same time 

12 and in the same manner as would basic pay if such 

13 employee’s civilian employment had not been inter14 rupted. 

15 ‘‘(d) The Office of Personnel Management shall, in con16 sultation with Secretary of Defense, prescribe any regula17 tions necessary to carry out the preceding provisions of this 

18 section. 

19 ‘‘(e)(1) The head of each agency referred to in section 

20 2302(a)(2)(C)(ii) shall, in consultation with the Office, pre21 scribe procedures to ensure that the rights under this section 

22 apply to the employees of such agency. 

23 ‘‘(2) The Administrator of the Federal Aviation Ad24 ministration shall, in consultation with the Office, prescribe 


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1 procedures to ensure that the rights under this section apply 

2 to the employees of that agency. 

3 ‘‘(f) For purposes of this section— 

4 ‘‘(1) the terms ‘employee’, ‘Federal Government’, 

5 and ‘uniformed services’ have the same respective 

6 meanings as given them in section 4303 of title 38; 

7 ‘‘(2) the term ‘employing agency’, as used with 

8 respect to an employee entitled to any payments 

9 under this section, means the agency or other entity 

10 of the Government (including an agency referred to in 

11 section 2302(a)(2)(C)(ii)) with respect to which such 

12 employee has reemployment rights under chapter 43 

13 of title 38; and 

14 ‘‘(3) the term ‘basic pay’ includes any amount 

15 payable under section 5304.’’. 

16 (c) CLERICAL AMENDMENT.—The table of sections for 

17 chapter 55 of title 5, United States Code, is amended by 

18 inserting after the item relating to section 5537 the fol19 lowing: 

‘‘5538. Nonreduction in pay while serving in the uniformed services or National 

Guard.’’. 

20 (d) EFFECTIVE DATE.—The amendments made by this 

21 section shall apply with respect to pay periods (as described 

22 in section 5538(b) of title 5, United States Code, as amend23 ed by this section) beginning on or after the date of enact24 ment of this Act. 


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1 SENSE OF SENATE ON REQUESTS FOR FUNDS FOR MILI2 TARY OPERATIONS IN IRAQ AND AFGHANISTAN FOR

3 FISCAL YEARS AFTER FISCAL YEAR 2007

4 SEC. 1313. (a) FINDINGS.—The Senate makes the fol5 lowing findings: 

6 (1) Title IX of the Department of Defense Appro7 priations Act, 2006 (division A of Public Law 109– 

8 148) appropriated $50,000,000,000 for the cost of on9 going military operations overseas in fiscal year 

10 2006, although those funds were not requested by the 

11 President. 

12 (2) The President on February 16, 2006, sub13 mitted to Congress a request for supplemental appro14 priations in the amount of $67,600,000,000 for ongo15 ing military operations in fiscal year 2006, none of 

16 which supplemental appropriations was included in 

17 the concurrent resolution on the budget for fiscal year 

18 2006, as agreed to in the Senate on April 28, 2005. 

19 (3) The President on February 6, 2006, included 

20 a $50,000,000,000 allowance for ongoing military op21 erations in fiscal year 2007, but did not formally re22 quest the funds or provide any detail on how the al23 lowance may be used. 

24 (4) The concurrent resolution on the budget for 

25 fiscal year 2007, as agreed to in the Senate on March 


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1 16, 2007, anticipates as much as $86,300,000,000 in 

2 emergency spending in fiscal year 2007, indicating 

3 that the Senate expects to take up another supple4 mental appropriations bill to fund ongoing military 

5 operations during fiscal year 2007. 

6 (b) SENSE OF SENATE.—It is the sense of the Senate 

7 that— 

8 (1) any request for funds for a fiscal year after 

9 fiscal year 2007 for ongoing military operations in 

10 Afghanistan and Iraq should be included in the an11 nual budget of the President for such fiscal year as 

12 submitted to Congress under section 1105(a) of title 

13 31, United States Code; 

14 (2) any request for funds for such a fiscal year 

15 for ongoing military operations should provide an es16 timate of all funds required in that fiscal year for 

17 such operations; 

18 (3) any request for funds for ongoing military 

19 operations should include a detailed justification of 

20 the anticipated use of such funds for such operations; 

21 and 

22 (4) any funds provided for ongoing military op23 erations overseas should be provided in appropria24 tions Acts for such fiscal year through appropriations 


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1 to specific accounts set forth in such appropriations 

2 Acts. 

3 SEC. 1314. (a) The amount appropriated by this chap4 ter under the heading ‘‘OPERATION AND MAINTENANCE, DE5 FENSE-WIDE’’ and available for Cooperative Threat Reduc6 tion is increased by $8,000,000. 

7 (b) Of the amount appropriated by this chapter under 

8 the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE9 WIDE’’ and available for Cooperative Threat Reduction, as 

10 increased by subsection (a), $44,500,000 shall be deposited 

11 in the Former Soviet Union Threat Reduction Account and 

12 shall remain available until September 30, 2008. 

13 (c) The amount made available under subsection (a) 

14 is designated as an emergency requirement pursuant to sec15 tion 402 of H. Con. Res. 95 (109th Congress), the concur16 rent resolution on the budget for fiscal year 2006. 

17 CHAPTER 4 

18 BILATERAL ECONOMIC ASSISTANCE 

19 FUNDS APPROPRIATED TO THE PRESIDENT 

20 UNITED STATES AGENCY FOR INTERNATIONAL

21 DEVELOPMENT

22 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

23 For an additional amount for ‘‘Child Survival and 

24 Health Programs Fund’’, $10,300,000, to remain available 

25 until September 30, 2007: Provided, That the amount proVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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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 DEVELOPMENTASSISTANCE

6 For an additional amount for ‘‘Development Assist7 ance’’, $22,500,000, to remain available until September 

8 30, 2007: Provided, That of the funds appropriated under 

9 this heading, $12,000,000 shall be made available for assist10 ance for Guatemala for relief and reconstruction activities 

11 related to Hurricane Stan: Provided further, That the 

12 amount provided under this heading is 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 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘International Disaster 

19 and Famine Assistance’’, $171,290,000, to remain available 

20 until expended, of which up to $80,000 may be transferred 

21 to and merged with ‘‘Operating Expenses of the United 

22 States Agency for International Development’’, for associ23 ated administrative costs: Provided, That the amounts pro24 vided under this heading are 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 OPERATING EXPENSES OF THE UNITED STATES AGENCY

4 FOR INTERNATIONAL DEVELOPMENT

5 For an additional amount for ‘‘Operating Expenses of 

6 the United States Agency for International Development’’, 

7 $141,600,000, to remain available until September 30, 

8 2007: Provided, That the amount provided under this head9 ing is designated as an emergency requirement pursuant 

10 to section 402 of H. Con. Res. 95 (109th Congress), the con11 current resolution on the budget for fiscal year 2006. 

12 OTHER BILATERAL ECONOMIC ASSISTANCE 

13 ECONOMIC SUPPORT FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Economic Support 

16 Fund’’, $1,757,500,000, to remain available until Sep17 tember 30, 2007, of which up to $11,000,000 may be used 

18 for the costs, as defined in section 502 of the Congressional 

19 Budget Act of 1974, of modifying direct loans and guaran20 tees for Afghanistan or otherwise of reducing any amounts 

21 owed to the United States or any agency of the United 

22 States by Afghanistan: Provided, That such amounts for the 

23 costs of modifying direct loans and guarantees shall not be 

24 considered ‘‘assistance’’ for the purposes of any provision 

25 of law limiting assistance to a country: Provided further, 

26 That the last proviso under the heading ‘‘Economic Support 


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1 Fund’’ in title II of Public Law 109–102 and comparable 

2 provisions in prior Acts making appropriations for foreign 

3 operations, export financing, and related programs shall no 

4 longer be applicable to funds appropriated under such head5 ing in this Act or any prior Act: Provided further, That 

6 of the funds available under this heading for assistance for 

7 Afghanistan, $5,000,000 shall be made available for agri8 culture and rural development programs in Afghanistan to 

9 be administered through a national consortium of agri10 culture colleges and land-grant universities: Provided fur11 ther, That of the funds available under this heading for as12 sistance for Iraq, not less than $75,000,000 shall be made 

13 available to the United States Agency for International De14 velopment for continued support for its Community Action 

15 Program in Iraq, of which not less than $10,000,000 shall 

16 be transferred to and merged with funds appropriated 

17 under the heading ‘‘Iraq Relief and Reconstruction Fund’’ 

18 in chapter 2 of title II of Public Law 108–106 and shall 

19 be made available for the Marla Ruzicka Iraqi War Victims 

20 Fund: Provided further, That funds made available under 

21 the previous proviso shall be in addition to funds appro22 priated by this Act that are available to the United States 

23 Agency for International Development for Iraq: Provided 

24 further, That funds appropriated under this heading that 

25 are made available for police and judicial reform in Haiti 


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1 shall be subject to the regular notification procedures of the 

2 Committees on Appropriations: Provided further, That the 

3 amounts provided under this heading are 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 DEPARTMENT OF STATE 

8 DEMOCRACY FUND

9 For an additional amount for ‘‘Democracy Fund’’, 

10 $39,750,000, of which $34,750,000 shall be made available 

11 for programs and activities promoting democracy in Iran 

12 and of which $5,000,000 shall be made available for election 

13 assistance in the Democratic Republic of the Congo, to re14 main available until September 30, 2007: Provided, That 

15 funds appropriated under this heading shall be made avail16 able notwithstanding any other provision of law, and those 

17 funds made available to promote democracy in Iran shall 

18 be administered by the Middle East Partnership Initiative: 

19 Provided further, That funds made available under this 

20 heading in this Act shall be subject to the regular notifica21 tion procedures of the Committees on Appropriations: Pro22 vided further, That the amount provided under this heading 

23 is 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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1 INTERNATIONAL NARCOTICS CONTROL AND LAW

2 ENFORCEMENT

3 For an additional amount for ‘‘International Nar4 cotics Control and Law Enforcement’’, $107,700,000, to re5 main available until September 30, 2008: Provided, That 

6 of the funds appropriated under this heading, not less than 

7 $3,300,000 shall be made available for assistance for the 

8 Peace and Justice Unit of the Colombian Fiscalia notwith9 standing section 599E of Public Law 109–102: Provided 

10 further, That the amount provided under this heading is 

11 designated as an emergency requirement pursuant to sec12 tion 402 of H. Con. Res. 95 (109th Congress), the concur13 rent resolution on the budget for fiscal year 2006. 

14 MIGRATION AND REFUGEE ASSISTANCE

15 For an additional amount for ‘‘Migration and Refugee 

16 Assistance’’, $110,200,000, to remain available 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 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

23 ASSISTANCE FUND

24 For an additional amount for ‘‘United States Emer25 gency Refugee and Migration Assistance Fund’’, 


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1 $20,000,000, to remain available until September 30, 2007: 

2 Provided, That the amount provided under this heading is 

3 designated as an emergency requirement pursuant to sec4 tion 402 of H. Con. Res. 95 (109th Congress), the concur5 rent resolution on the budget for fiscal year 2006. 

6 DEPARTMENT OF THE TREASURY 

7 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

8 For an additional amount for ‘‘International Affairs 

9 Technical Assistance’’, $13,000,000, to remain available 

10 until September 30, 2007: 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 MILITARY ASSISTANCE 

16 FUNDS APPROPRIATED TO THE PRESIDENT 

17 PEACEKEEPING OPERATIONS

18 For an additional amount for ‘‘Peacekeeping Oper19 ations’’, $181,200,000, to remain available until September 

20 30, 2007: Provided, That the amount provided under this 

21 heading is designated as an emergency requirement pursu22 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

23 concurrent resolution on the budget for fiscal year 2006. 


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1 GENERAL PROVISIONS—THIS CHAPTER 

2 IRAQ RELIEF AND RECONSTRUCTION FUND

3 SEC. 1401. Chapter 2 of title II of Public Law 108– 

4 106 (117 Stat. 1225–1226), as amended by Public Law 

5 108–309 (118 Stat. 1142–1143), is further amended under 

6 the heading ‘‘Iraq Relief and Reconstruction Fund’’ by— 

7 (1)(A) striking ‘‘$5,090,000,000’’ and inserting 

8 ‘‘$5,036,000,000’’ for security and law enforcement; 

9 (B) striking ‘‘$1,960,000,000’’ and inserting 

10 ‘‘$2,349,800,000’’ for justice, public safety infrastruc11 ture, and civil society; 

12 (C) striking ‘‘$4,455,000,000’’ and inserting 

13 ‘‘$4,220,000,000’’ for the electric sector; 

14 (D) striking ‘‘$1,723,000,000’’ and inserting 

15 ‘‘$1,735,600,000’’ for oil infrastructure; 

16 (E) striking ‘‘$2,361,000,000’’ and inserting 

17 ‘‘$2,131,100,000’’ for water resources and sanitation; 

18 (F) striking ‘‘$500,000,000’’ and inserting 

19 ‘‘$465,500,000’’ for transportation and telecommuni20 cations; 

21 (G) striking ‘‘$370,000,000’’ and inserting 

22 ‘‘$333,700,000’’ for roads, bridges, and construction; 

23 (H) striking ‘‘$793,000,000’’ and inserting 

24 ‘‘$739,000,000’’ for health care; 


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1 (I) striking ‘‘$845,000,000’’ and inserting 

2 ‘‘$805,300,000’’ for private sector development; and 

3 (J) striking ‘‘$342,000,000’’ and inserting 

4 ‘‘$410,000,000’’ for education, refugees, human rights, 

5 and governance; and 

6 (2) inserting before the period the following: ‘‘: 

7 Provided further, That amounts provided under this 

8 heading shall remain available for an additional 4 

9 years from the date on which the availability of such 

10 funds would otherwise have expired, if such funds are 

11 initially obligated before the expiration of the period 

12 of availability provided herein, except that after such 

13 initial obligation any subsequent obligation may be 

14 made without regard to the sectoral limitations set 

15 forth under this heading, as amended’’. 

16 ADMINISTRATIVE COSTS

17 SEC. 1402. To the extent not otherwise authorized, su18 pervision and administrative costs of the Department of De19 fense associated with a construction project funded with the 

20 Iraq Relief and Reconstruction Fund may be obligated at 

21 the time a construction contract is awarded or, for pre-ex22 isting contracts, by September 30, 2006: Provided, That for 

23 the purposes of this section, supervision and administration 

24 costs include all in-house Government costs. 


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1 AUTHORIZATION OF FUNDS

2 SEC. 1403. Funds appropriated or made available by 

3 transfer in this chapter may be obligated and expended not4 withstanding section 15 of the State Department Basic Au5 thorities Act of 1956, section 10 of Public Law 91–672 (22 

6 U.S.C. 2412), section 504(a)(1) of the National Security Act 

7 of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the For8 eign Relations Authorization Act, Fiscal Years 1994 and 

9 1995 (Public Law 103–236). 

10 PALESTINIAN AUTHORITY

11 SEC. 1404. Section 550 of Public Law 109–102 (119 

12 Stat. 2217) is amended to read as follows: 

13 ‘‘PROHIBITION ON ASSISTANCE FOR THE PALESTINIAN

14 AUTHORITY

15 ‘‘SEC. 550. (a) PROHIBITION ON ASSISTANCE.—None 

16 of the funds appropriated by this Act or any prior Act mak17 ing appropriations for foreign operations, export financing, 

18 and related programs, may be obligated or expended for as19 sistance for the Palestinian Authority unless the Secretary 

20 of State determines, and so reports to the Committees on 

21 Appropriations, that the Palestinian Authority has— 

22 ‘‘(1) publicly acknowledged Israel’s right to exist 

23 as a Jewish state; 

24 ‘‘(2) renounced violence; and 

25 ‘‘(3) accepted and is adhering to all previous 

26 diplomatic Agreements and understandings with the 


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1 United States Government, the Government of Israel, 

2 and the international community. 

3 ‘‘(b) WAIVER AUTHORITY.—(1) The President may 

4 waive subsection (a) with respect to the administrative and 

5 personal security costs of the Office of the President of the 

6 Palestinian Authority, for activities of the President of the 

7 Palestinian Authority to promote democracy and the rule 

8 of law, and with respect to independent agencies, if the 

9 President certifies and reports to the Committees on Appro10 priations that— 

11 ‘‘(A) it is in the national security interest of the 

12 United States to provide such assistance; and 

13 ‘‘(B) the President of the Palestinian Authority, 

14 the President’s party, and independent agencies are 

15 not effectively controlled by Hamas or any other for16 eign terrorist organization. 

17 ‘‘(2) Prior to exercising the authority provided in this 

18 subsection, the President shall consult with, and shall pro19 vide a written policy justification to, the Committees on 

20 Appropriations and the Committee on International Rela21 tions of the House of Representatives and the Committee 

22 on Foreign Relations of the Senate. 

23 ‘‘(c) REPORT.—Whenever the waiver authority pursu24 ant to subsection (b) is exercised, the President shall submit 

25 a report to the Committees on Appropriations describing 


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1 how the funds will be spent and the accounting procedures 

2 in place to ensure proper oversight and accountability.’’. 

3 (RESCISSION)

4 SEC. 1405. Of the funds appropriated under the head5 ing ‘‘Subsidy Appropriation’’ for the Export-Import Bank 

6 of the United States that are available for tied-aid grants 

7 in title I of Public Law 107–115 and under such heading 

8 in prior Acts making appropriations for foreign operations, 

9 export financing, and related programs, $13,200,000 are re10 scinded. 

11 AUTHORITY TO EQUALIZE ALLOWANCES, BENEFITS, AND

12 GRATUITIES OF PERSONNEL ON OFFICIAL DUTY IN

13 IRAQ AND AFGHANISTAN

14 SEC. 1406. (a) FINDINGS.—Congress makes the fol15 lowing findings: 

16 (1) As part of the United States effort to bring 

17 democracy and freedom to Iraq and Afghanistan, em18 ployees of a broad range of Federal agencies are need19 ed to serve in those countries, furnishing expertise to 

20 their counterpart agencies in the Government of Iraq 

21 and the Government of Afghanistan. 

22 (2) While the heads of a number of Federal agen23 cies already possess authority to provide to their per24 sonnel on official duty abroad allowances, benefits, 

25 and death gratuities comparable to those provided by 

26 the Secretary of State to similarly-situated Foreign 


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1 Service personnel on official duty abroad, other agen2 cy heads do not possess such authority. 

3 (3) In order to assist the United States Govern4 ment in recruiting personnel to serve in Iraq and Af5 ghanistan, and to avoid inequities in allowances, ben6 efits, and death gratuities among similarly-situated 

7 United States Government civilian personnel on offi8 cial duty in these countries, it is essential that the 

9 heads of all agencies that have personnel on official 

10 duty in Iraq and Afghanistan have the same basic 

11 authority with respect to allowances, benefits, and 

12 death gratuities for such personnel. 

13 (b) IN GENERAL.—During any fiscal year, the head 

14 of an agency may, in the agency head’s discretion, provide 

15 to an individual employed by, or assigned or detailed to, 

16 such agency allowances, benefits, and gratuities comparable 

17 to those provided by the Secretary of State to members of 

18 the Foreign Service under section 413 and chapter 9 of title 

19 I of the Foreign Service Act of 1980 (22 U.S.C. 3973; 4081 

20 et seq.), if such individual is on official duty in Iraq or 

21 Afghanistan. 

22 (c) CONSTRUCTION.—Nothing in this section shall be 

23 construed to impair or otherwise affect the authority of the 

24 head of an agency under any other provision of law. 


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1 (d) APPLICABILITY OF CERTAIN AUTHORITIES.—Sec2 tion 912(a) of the Internal Revenue Code of 1986 shall 

3 apply with respect to amounts received as allowances or 

4 otherwise under this section in the same manner as section 

5 912 of the Internal Revenue Code of 1986 applies with re6 spect to amounts received by members of the Foreign Service 

7 as allowances or otherwise under chapter 9 of title I of the 

8 Foreign Service Act of 1980. 

9 DEMOCRACY IN IRAQ

10 SEC. 1407. (a) Of the funds provided in this chapter 

11 for the Economic Support Fund, not less than $104,500,000 

12 should be made available through the Bureau of Democracy, 

13 Human Rights, and Labor of the Department of State, in 

14 coordination with the United States Agency for Inter15 national Development where appropriate, to United States 

16 nongovernmental organizations for the purpose of sup17 porting democracy assistance programs in Iraq that pro18 mote the long term development of civil society, political 

19 parties, election processes, the rule of law, reconciliation ac20 tivities, and parliament in that country: Provided, That 

21 the Secretary of State shall consult with the Committees on 

22 Appropriations prior to the initial obligation of funds made 

23 available under this section on the uses of such funds: Pro24 vided further, That of the funds made available under this 

25 heading, up to $8,500,000 should be made available for the 


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1 United States Institute of Peace for programs in Iraq and 

2 Afghanistan. 

3 (b) The President shall include in each report sub4 mitted to Congress under the United States Policy in Iraq 

5 Act (section 1227 of Public Law 109–163; 50 U.S.C. 1541 

6 note; 119 Stat. 3465) a report on the extent to which funds 

7 appropriated in this Act support a short-term and long8 term strategy to promote and develop democracy in Iraq, 

9 including: 

10 (1) A description of the objectives of the Sec11 retary of State to promote and develop democracy at 

12 the national, regional, and provincial levels in Iraq, 

13 including development of civil society, political par14 ties, and government institutions. 

15 (2) The schedule to achieve such objectives. 

16 (3) The progress made toward achieving such ob17 jectives. 

18 (4) The principal official within the United 

19 States Government responsible for coordinating and 

20 implementing democracy funding for Iraq. 

21 (RESCISSION)

22 SEC. 1408. Of the funds appropriated under the head23 ing ‘‘Economic Support Fund’’ that are available for assist24 ance for Egypt in Public Law 109–102 and under such 

25 heading in prior Acts making appropriations for foreign 

26 operations, export financing, and related programs, 


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1 $47,000,000 are rescinded: Provided, That such amount 

2 shall be derived only from funds available for cash transfer 

3 assistance. 

4 CHAPTER 5 

5 DEPARTMENT OF HOMELAND SECURITY 

6 UNITED STATES COAST GUARD

7 OPERATING EXPENSES

8 For an additional amount for ‘‘Operating Expenses’’, 

9 $26,692,000: 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 CHAPTER 6 

15 DEPARTMENT OF DEFENSE 

16 MILITARY CONSTRUCTION 

17 MILITARY CONSTRUCTION, ARMY

18 For an additional amount for ‘‘Military Construction, 

19 Army’’, $214,344,000, to remain available until September 

20 30, 2010: Provided, That such funds may be obligated and 

21 expended to carry out planning and design and military 

22 construction projects not otherwise authorized by law: Pro23 vided further, That the amount provided under this heading 

24 is designated as an emergency requirement pursuant to secVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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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, AIR FORCE

4 For an additional amount for ‘‘Military Construction, 

5 Air Force’’, $28,200,000, to remain available until Sep6 tember 30, 2010: Provided, That such funds may be obli7 gated or expended to carry out planning and design and 

8 military construction projects not otherwise authorized by 

9 law: Provided further, That the amount provided under this 

10 heading is designated as an emergency requirement pursu11 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

12 concurrent resolution on the budget for fiscal year 2006. 

13 MILITARY CONSTRUCTION, DEFENSE-WIDE

14 For an additional amount for ‘‘Military Construction, 

15 Defense-Wide’’, $35,200,000, to remain available until Sep16 tember 30, 2010: Provided, That such funds may be obli17 gated or expended to carry out planning and design and 

18 military construction projects not otherwise authorized by 

19 law: Provided further, 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 DEPARTMENT OF VETERANS AFFAIRS 

2 VETERANS HEALTH ADMINISTRATION

3 MEDICAL SERVICES

4 For an additional amount for ‘‘Medical Services’’ for 

5 necessary expenses for furnishing, as authorized by law, 

6 outpatient and inpatient care and treatment to bene7 ficiaries of the Department of Veterans Affairs and veterans 

8 as described in paragraphs (1) through (8) of section 

9 1705(a) of title 38, United States Code, including care and 

10 treatment in facilities not under the jurisdiction of the de11 partment and including medical supplies and equipment 

12 and salaries and expenses of healthcare employees hired 

13 under title 38, United States Code, and to aid State homes 

14 as authorized under section 1741 of title 38, United States 

15 Code, $430,000,000 plus reimbursements: Provided, That of 

16 the amount under this heading, $168,000,000 shall be avail17 able to address the needs of servicemembers in need of men18 tal health care, including post-traumatic stress disorder: 

19 Provided further, That of the amount under this heading, 

20 $80,000,000 shall be available for the provision of readjust21 ment counseling under section 1712A of title 38, United 

22 States Code (commonly referred to as ‘‘Vet Centers’’): Pro23 vided further, That of the amount under this heading 

24 $182,000,000 shall be available to meet current and pend25 ing care and treatment requirements: Provided further, 

26 That the amount under this heading shall remain available 


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1 until expended: Provided further, That the amount provided 

2 under this heading is designated as an emergency require3 ment pursuant to section 402 of H. Con. Res. 95 (109th 

4 Congress), the concurrent resolution on the budget for fiscal 

5 year 2006: Provided further, That these amounts shall be 

6 available only to the extent that an official budget request 

7 for the entire amount is submitted to the Congress by the 

8 President that includes designation of the entire amount of 

9 the request as an emergency requirement. 

10 CHAPTER 7 

11 DEPARTMENT OF THE TREASURY 

12 DEPARTMENTAL OFFICES

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and Ex15 penses’’, $1,800,000, 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. 


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1 TITLE II 

2 FURTHER HURRICANE DISASTER RELIEF AND 

3 RECOVERY 

4 CHAPTER 1 

5 DEPARTMENT OF AGRICULTURE 

6 EXECUTIVE OPERATIONS

7 WORKING CAPITAL FUND

8 For an additional amount for ‘‘Working Capital 

9 Fund’’, $25,000,000, to remain available until expended, 

10 for necessary expenses related to the consequences of Hurri11 cane Katrina and other hurricanes of the 2005 season: Pro12 vided, That the amount provided under this heading is des13 ignated as an emergency requirement pursuant to section 

14 402 of H. Con. Res. 95 (109th Congress), the concurrent 

15 resolution on the budget for fiscal year 2006. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For an additional amount for ‘‘Office of the Inspector 

18 General’’, $445,000, to remain available until September 

19 30, 2007, for necessary expenses related to the consequences 

20 of Hurricane Katrina and other hurricanes of the 2005 sea21 son: Provided, That the amount provided under this head22 ing is designated as an emergency requirement pursuant 

23 to section 402 of H. Con. Res. 95 (109th Congress), the con24 current resolution on the budget for fiscal year 2006. 


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1 AGRICULTURAL RESEARCH SERVICE

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $15,600,000, to remain available until expended, 

5 for necessary expenses related to the consequences of Hurri6 cane Katrina and other hurricanes of the 2005 season: Pro7 vided, That the amount provided under this heading is des8 ignated as an emergency requirement pursuant to section 

9 402 of H. Con. Res. 95 (109th Congress), the concurrent 

10 resolution on the budget for fiscal year 2006. 

11 BUILDINGS AND FACILITIES

12 For an additional amount for ‘‘Buildings and Facili13 ties’’, $20,000,000, to remain available until expended, for 

14 necessary expenses related to the consequences of Hurricane 

15 Katrina and other hurricanes of the 2005 season: Provided, 

16 That the amount provided under this heading is designated 

17 as an emergency requirement pursuant to section 402 of 

18 H. Con. Res. 95 (109th Congress), the concurrent resolution 

19 on the budget for fiscal year 2006. 

20 FARM SERVICE AGENCY

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’, $5,000,000, to remain available until expended, for 

24 necessary expenses related to the consequences of Hurricane 

25 Katrina and other hurricanes of the 2005 season: Provided, 

26 That the amount provided under this heading is designated 


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1 as an emergency requirement pursuant to section 402 of 

2 H. Con. Res. 95 (109th Congress), the concurrent resolution 

3 on the budget for fiscal year 2006. 

4 EMERGENCY CONSERVATION PROGRAM

5 For an additional amount for the ‘‘Emergency Con6 servation Program’’, $32,547,000, to remain available until 

7 expended, to provide assistance under the emergency con8 servation program established under title IV of the Agricul9 tural Credit Act of 1978 (16 U.S.C. 2201 et seq.), for nec10 essary expenses related to the consequences of Hurricane 

11 Katrina and other hurricanes of the 2005 season: Provided, 

12 That the amount provided under this heading is designated 

13 as an emergency requirement pursuant to section 402 of 

14 H. Con. Res. 95 (109th Congress), the concurrent resolution 

15 on the budget for fiscal year 2006. 

16 NATURAL RESOURCES CONSERVATION SERVICE

17 EMERGENCY WATERSHED PROTECTION PROGRAM

18 For an additional amount for ‘‘Emergency Watershed 

19 Protection Program’’, $165,000,000, to remain available 

20 until expended, for emergency measures in disaster areas 

21 affected by Hurricane Katrina and other hurricanes of the 

22 2005 season: Provided, That notwithstanding any other 

23 provision of law, the Secretary, acting through the Natural 

24 Resources Conservation Service, using funds made available 

25 under this heading may provide financial and technical as26 sistance to remove and dispose of debris and animal carVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 casses that could adversely affect health and safety on non2 Federal land in a hurricane-affected county: Provided fur3 ther, That the amount provided under this heading is des4 ignated as an emergency requirement pursuant to section 

5 402 of H. Con. Res. 95 (109th Congress), the concurrent 

6 resolution on the budget for fiscal year 2006. 

7 RURAL DEVELOPMENT

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $1,000,000, to remain available until expended, for 

11 necessary expenses related to the consequences of Hurricane 

12 Katrina and other hurricanes of the 2005 season for State 

13 Rural Development offices located in Mississippi and Lou14 isiana: Provided, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

17 concurrent resolution on the budget for fiscal year 2006. 

18 RURAL COMMUNITY ADVANCEMENT PROGRAM

19 For an additional amount for community facilities 

20 grants authorized under section 381E(d)(1) of the Consoli21 dated Farm and Rural Development Act, $150,000,000, to 

22 remain available until expended, for necessary expenses re23 lated to the consequences of Hurricane Katrina and other 

24 hurricanes of the 2005 season: Provided, That the amount 

25 provided under this heading is designated as an emergency 

26 requirement pursuant to section 402 of H. Con. Res. 95 


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1 (109th Congress), the concurrent resolution on the budget 

2 for fiscal year 2006. 

3 GENERAL PROVISIONS—THIS CHAPTER 

4 NATURAL RESOURCES CONSERVATION SERVICE—COST

5 SHARE REQUIREMENT

6 SEC. 2101. Notwithstanding any other provision of 

7 law, in carrying out the provisions of section 102 of chapter 

8 1 of title I of division B of Public Law 109–148 (119 Stat. 

9 2748–2749), the Secretary may provide financial and tech10 nical assistance up to 100 percent Federal share: Provided, 

11 That the amount provided under this section is designated 

12 as an emergency requirement pursuant to section 402 of 

13 H. Con. Res. 95 (109th Congress), the concurrent resolution 

14 on the budget for fiscal year 2006. 

15 NATURAL RESOURCES CONSERVATION SERVICE—VEHICLE

16 DISPOSITION

17 SEC. 2102. Notwithstanding any other provision of 

18 law, the Chief of the Natural Resources Conservation Serv19 ice (NRCS) may enter into agreements with organizations 

20 or State or local units of government affected by Hurricane 

21 Katrina and other hurricanes of the 2005 season, that pro22 vide for NRCS to donate used vehicles to the organization 

23 or to the State or local unit of government. 

24 RURAL DEVELOPMENT—EMERGENCY AUTHORITIES

25 SEC. 2103. The Secretary of Agriculture may continue 

26 to use any of the authorities provided in section 105 of 


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1 chapter 1 of title I of division B of Public Law 109–148 

2 (119 Stat. 2749–2750), for a period not to exceed 24 addi3 tional months: Provided, That the amount provided under 

4 this section is designated as an emergency requirement pur5 suant to section 402 of H. Con. Res. 95 (109th Congress), 

6 the concurrent resolution on the budget for fiscal year 2006. 

7 FARM SERVICE AGENCY

8 (TRANSFER OF FUNDS)

9 SEC. 2104. Of the funds appropriated in section 101(a) 

10 of chapter 1 of title I of division B of Public Law 109– 

11 148 (119 Stat. 2747), to provide assistance under the emer12 gency conservation program established under title IV of the 

13 Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), 

14 $38,000,000 are transferred to the National Oceanic and 

15 Atmospheric Administration in the Department of Com16 merce for activities involving oysters: Provided, That the 

17 amount transferred under this section is designated as an 

18 emergency requirement pursuant to section 402 of H. Con. 

19 Res. 95 (109th Congress), the concurrent resolution on the 

20 budget for fiscal year 2006. 

21 FARM SERVICE AGENCY—EMERGENCY CONSERVATION

22 PROGRAM

23 SEC. 2105. Section 101(b) of chapter 1 of title I of 

24 division B of Public Law 109–148 (119 Stat. 2747) is 

25 amended— 

26 (1) in the heading, by striking ‘‘, Oyster,’’; 


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1 (2) in the matter preceding paragraph (1)— 

2 (A) by striking ‘‘, oyster,’’; and 

3 (B) by striking ‘‘public and private oyster 

4 reefs or’’; 

5 (3) in paragraph (3), by adding ‘‘and’’ at the 

6 end; 

7 (4) by striking paragraph (4); and 

8 (5) by redesignating paragraph (5) as para9 graph (4). 

10 RURAL DEVELOPMENT—RURAL HOUSING

11 SEC. 2106. There is hereby appropriated, $35,408,000, 

12 to remain available until expended, for housing needs in 

13 the most impacted and distressed areas related to the con14 sequences of Hurricane Katrina and other hurricanes of the 

15 2005 season: Provided, That the Secretary of Agriculture 

16 shall allocate funds provided under this section between the 

17 ‘‘Rural Housing Insurance Fund Program Account’’ and 

18 ‘‘Rural Housing Assistance Grants’’ program: Provided 

19 further, That the Secretary make this allocation and 

20 prioritizes the funding of projects with such funds within 

21 a State based on the priorities identified by the Governor 

22 of each State: Provided further, That the amount provided 

23 under this section is designated as an emergency require24 ment pursuant to section 402 of H. Con. Res. 95 (109th 

25 Congress), the concurrent resolution on the budget for fiscal 

26 year 2006. 


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1 WILDLIFE HABITAT INCENTIVE PROGRAM

2 SEC. 2107. Funds made available for the wildlife habi3 tat incentive program established under section 1240N of 

4 the Food Security Act of 1985 (16 U.S.C. 3839bb–1) under 

5 section 211(b) of the Agricultural Risk Protection Act of 

6 2000 (Public Law 106–224; 7 U.S.C. 1421 note) and section 

7 820 of the Agriculture, Rural Development, Food and Drug 

8 Administration, and Related Agencies Appropriations Act, 

9 2001 (Public Law 106–387; 114 Stat. 1549A–59) shall re10 main available until expended to carry out obligations 

11 made for fiscal year 2001 and are not available for new 

12 obligations. 

13 SMALL BUSINESS RELIEF FROM HURRICANE KATRINA AND

14 HURRICANE RITA

15 SEC. 2108. (a) Section 3(p)(1) of the Small Business 

16 Act (15 U.S.C. 632(p)(1)) is amended— 

17 (1) in subparagraph (D), by striking ‘‘or’’; 

18 (2) in subparagraph (E), by striking the period 

19 at the end and inserting ‘‘; or’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(F) an area in which the President has de22 clared a major disaster (as that term is defined 

23 in section 102 of the Robert T. Stafford Disaster 

24 Relief and Emergency Assistance Act (42 U.S.C. 

25 5122)) as a result of Hurricane Katrina of AuVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 gust 2005 or Hurricane Rita of September 

2 2005.’’. 

3 (b) Section 711(d) of the Small Business Competitive 

4 Demonstration Program Act of 1988 (15 U.S.C. 644 note) 

5 is amended— 

6 (1) by striking ‘‘The Program’’ and inserting the 

7 following: 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), the Program’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(2) EXCEPTION.—The Program shall not apply 

12 to any contract related to relief or reconstruction from 

13 Hurricane Katrina of 2005 or Hurricane Rita of 

14 2005.’’. 

15 (c) The amendments made by subsections (a) and (b) 

16 shall be effective for the period beginning on the date of en17 actment of the Act and ending on October 1, 2008. 

18 ACCOUNTABILITY IN HURRICANE RECOVERY CONTRACTING

19 SEC. 2109. None of the funds appropriated by this Act 

20 that are made available for relief and recovery efforts re21 lated to Hurricane Katrina and the other hurricanes of the 

22 2005 season may be used by an executive agency to enter 

23 into any Federal contract exceeding $500,000 through the 

24 use of procedures other than competitive procedures as re25 quired by the Federal Acquisition Regulation and, as appli26 cable, section 303(a) of the Federal Property and AdminisVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 trative Services Act of 1949 (41 U.S.C. 253(a)) or section 

2 2304(a) of title 10, United States Code. 

3 CHAPTER 2 

4 DEPARTMENT OF JUSTICE 

5 OFFICE OF THE INSPECTOR GENERAL

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’ for necessary expenses related to the consequences 

9 of Hurricane Katrina and other hurricanes of the 2005 sea10 son, $500,000, to remain available until September 30, 

11 2007: Provided, That the amount provided under this head12 ing is designated as an emergency requirement pursuant 

13 to section 402 of H. Con. Res. 95 (109th Congress), the con14 current resolution on the budget for fiscal year 2006. 

15 LEGAL ACTIVITIES

16 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’ for necessary expenses related to the consequences 

19 of Hurricane Katrina and other hurricanes of the 2005 sea20 son, $3,200,000, 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 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

2 For an additional amount for ‘‘Salaries and Ex3 penses’’ for necessary expenses related to the consequences 

4 of Hurricane Katrina and other hurricanes of the 2005 sea5 son, $6,500,000, to remain available until September 30, 

6 2007: 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 OFFICE OF JUSTICE PROGRAMS

11 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

12 For an additional amount for ‘‘State and Local Law 

13 Enforcement Assistance’’ for necessary expenses, related to 

14 the direct or indirect consequences of Hurricane Katrina 

15 and other hurricanes of the 2005 season, $10,000,000, to 

16 remain available until expended: Provided, That the 

17 amount provided under this heading is designated as an 

18 emergency requirement pursuant to section 402 of H. Con. 

19 Res. 95 (109th Congress), the concurrent resolution on the 

20 budget for fiscal year 2006: Provided further, That the At21 torney General shall consult with the House and Senate 

22 Committees on Appropriations on the allocation of funds 

23 prior to obligation. 


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1 DEPARTMENT OF COMMERCE 

2 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

3 OPERATIONS, RESEARCH, AND FACILITIES

4 For an additional amount for ‘‘Operations, Research, 

5 and Facilities’’ for necessary expenses related to the con6 sequences of Hurricane Katrina and other hurricanes of the 

7 2005 season, $1,135,000,000, to remain available until Sep8 tember 30, 2007, pursuant to section 312(a) of the Magnu9 son-Stevens Fishery Conservation and Management Act, 

10 section 308(d) of the Interjurisdictional Fisheries Act, and 

11 other authorities: Provided, That the amount provided 

12 under this heading is designated as an emergency require13 ment pursuant to section 402 of H. Con. Res. 95 (109th 

14 Congress), the concurrent resolution on the budget for fiscal 

15 year 2006: Provided further, That of the total amount ap16 propriated, $100,000,000 shall be for the National Marine 

17 Fisheries Service to provide technical assistance to States 

18 and industry for oyster bed and shrimp ground rehabilita19 tion, debris removal and cleaning, and to prepare for spat 

20 fall by planting sufficient amounts of cultch: Provided fur21 ther, That of the total amount appropriated, $20,000,000 

22 shall be provided to utilize the National Oceanic and At23 mospheric Administration’s expertise to assist in rebuilding 

24 coastal communities, especially focusing on fisheries infra25 structure, zoning to mitigate against future catastrophes 


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1 and natural disasters, and building standards for coastal 

2 structures: Provided further, That of the total amount ap3 propriated, $10,000,000 shall be provided to coordinate and 

4 help implement planning efforts that will lead to capacity 

5 and effort reductions in Federal and State waters: Provided 

6 further, That of the total amount appropriated, $15,000,000 

7 shall be provided to develop and implement a seafood pro8 motion strategy for Gulf of Mexico fisheries: Provided fur9 ther, That of the total amount appropriated, $15,000,000 

10 shall be provided to institute job retraining programs for 

11 displaced fisheries workers into alternative occupations: 

12 Provided further, That of the total amount appropriated, 

13 $200,000,000 shall be provided to replace fishing gear dam14 aged or lost in the hurricanes, and deploy advanced versions 

15 of turtle exclusion devices and by-catch reduction devices: 

16 Provided further, That of the total amount appropriated, 

17 $50,000,000 shall be provided to develop temporary marine 

18 services centers to cluster docking facilities, fuel, ice and 

19 provisions, offloading, processing and distribution and ma20 rine repair facilities for seafood industries: Provided fur21 ther, That of the total amount appropriated, $300,000,000 

22 shall be provided for re-development of marinas, piers, 

23 docks, wharves and warehouses to support commercial and 

24 recreational fishing, and especially investments in public 

25 facilities supporting working waterfronts: Provided further, 


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1 That of the total amount appropriated, $50,000,000 shall 

2 be provided for planning and support for fishing-related 

3 marine industrial parks to cluster processing and marine 

4 support businesses in ways that increase access to key facili5 ties and services, and enhance intermodal transportation 

6 of fishery products: Provided further, That of the total 

7 amount appropriated, $90,000,000 shall be provided for re8 placement of private fisheries infrastructure other than ves9 sels: Provided further, That of the total amount appro10 priated, $10,000,000 shall be provided to implement rules 

11 where appropriate, and purchase and provide one year of 

12 associated fees to equip the offshore shrimp and reef fish 

13 fishery with electronic vessel monitoring systems: Provided 

14 further, That of the total amount appropriated, $66,000,000 

15 shall be provided for the fishery finance program loans 

16 under title XI of the Merchant Marine Act, 1936, (46 U.S.C. 

17 App. 1271 et seq.) to satisfy loan obligations for loans used 

18 to make expenditures, guarantee or finance to repair, re19 place or restore fisheries infrastructure, vessels, facilities, or 

20 fish processing facilities home-ported or located within the 

21 declared fisheries disaster area: Provided further, That of 

22 the total amount appropriated, $14,000,000 shall be pro23 vided to develop and fund a cooperative research program 

24 to test various gears and to monitor the recovery of Gulf 

25 of Mexico fishery resources and fisheries: Provided further, 


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1 That of the total amount appropriated, $100,000,000 shall 

2 be provided for direct assistance to fishers and seafood work3 ers to undertake cleanup activities and begin repairing ves4 sels and damaged facilities: Provided further, That of the 

5 total amount appropriated, $20,000,000 shall be provided 

6 to assist shellfishermen in New England’s coastal commu7 nities who suffered severe economic impact from last year’s 

8 toxic red tide outbreak: Provided further, That of the total 

9 amount appropriated, $25,000,000 shall be provided to em10 ploy fishers and vessel owners in marine debris and living 

11 marine resource assessment activities. 

12 PROCUREMENT, ACQUISITION AND CONSTRUCTION

13 For an additional amount for ‘‘Procurement, Acquisi14 tion and Construction’’ for necessary expenses related to the 

15 consequences of Hurricane Katrina and other hurricanes of 

16 the 2005 season, $32,000,000, to remain available until ex17 pended: 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 SCIENCE 

22 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

23 EXPLORATION CAPABILITIES

24 For an additional amount for ‘‘Exploration Capabili25 ties’’ for necessary expenses related to the consequences of 

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1 son, $35,000,000 shall be for the Stennis Space Center, to 

2 remain available until expended: Provided, 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 RELATED AGENCY 

8 SMALL BUSINESS ADMINISTRATION

9 DISASTER LOANS PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For an additional amount for the ‘‘Disaster Loans 

12 Program Account’’ for the cost of direct loans authorized 

13 by section 7(b) of the Small Business Act, $1,254,000,000, 

14 to remain available until expended: Provided, That such 

15 costs, including the cost of modifying such loans shall be 

16 as defined in section 502 of the Congressional Budget Act 

17 of 1974: Provided further, That up to $190,000,000 may 

18 be transferred to and merged with ‘‘Salaries and Expenses’’ 

19 for administrative expenses to carry out the disaster loan 

20 program: Provided further, That none of the funds provided 

21 under this heading may be used for indirect administrative 

22 expenses: Provided further, That of the amount provided 

23 under this heading, up to $712,000,000 may be transferred 

24 to ‘‘Federal Emergency Management Agency, Disaster Re25 lief’’ to reimburse in whole, or in part, that account for 

26 funds transferred to this account by Public Law 109–174: 


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1 Provided further, That the amounts provided under this 

2 heading are designated as an emergency requirement pursu3 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

4 concurrent resolution on the budget for fiscal year 2006. 

5 GENERAL PROVISIONS—THIS CHAPTER 

6 HURRICANE RESPONSE PLAN FOR THE 2006 HURRICANE

7 SEASON

8 SEC. 2201. (a) In this section— 

9 (1) the terms ‘‘Administration’’ and ‘‘Adminis10 trator’’ mean the Small Business Administration and 

11 the Administrator thereof, respectively; 

12 (2) the term ‘‘Disaster Loan Program’’ means 

13 the disaster loan program authorized under section 7 

14 of the Small Business Act (15 U.S.C. 636); 

15 (3) the term ‘‘major disaster’’ has the meaning 

16 given the term in section 102 of the Robert T. Staf17 ford Disaster Relief and Emergency Assistance Act 

18 (42 U.S.C. 5122); 

19 (4) the term ‘‘small business concern’’ has the 

20 meaning given the term in section 3 of the Small 

21 Business Act (15 U.S.C. 632); 

22 (5) the term ‘‘system’’ means the Disaster Credit 

23 Management System of the Administration; and 


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1 (6) the term ‘‘2006 Atlantic hurricane season’’ 

2 means the period beginning on June 1, 2006, and 

3 ending on November 30, 2006. 

4 (b) Not later than May 31, 2006, the Administrator 

5 shall submit to the Committee on Small Business and En6 trepreneurship and the Committee on Appropriations of the 

7 Senate and the Committee on Small Business and the Com8 mittee on Appropriations of the House of Representatives 

9 a report on the status of the disaster response plan of the 

10 Administration for the 2006 Atlantic hurricane season. 

11 (c) The report required under subsection (b) shall in12 clude— 

13 (1) the plan of the Administrator for responding 

14 quickly and efficiently after the occurrence of a major 

15 disaster during the 2006 Atlantic hurricane season 

16 and subsequent major disasters (including prepara17 tion and planning for disaster response resources and 

18 staff, such as identifying loss verifiers and technical 

19 assistance staff to deploy to potential disaster areas 

20 in advance of chartable events such as hurricanes); 

21 (2) a description of how the Administrator plans 

22 to integrate and coordinate the response to a major 

23 disaster with the staff and resources of the Federal 

24 Emergency Management Agency (including details on 


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1 where and when joint training sessions are planned 

2 during the 2006 Atlantic hurricane season); 

3 (3) a description of how the Administrator plans 

4 to integrate and coordinate the response to a major 

5 disaster with the technical assistance programs of the 

6 Administration (including the small business develop7 ment centers); 

8 (4) the contingency plans of the Administration, 

9 if any, for handling increases in the volume of appli10 cations under the Disaster Loan Program during the 

11 2006 Atlantic hurricane season (including detailed 

12 plans for using local banks, credit unions, and busi13 nesses in an area in which the President declares a 

14 major disaster or the hiring of additional loan proc15 essing and loss verification staff); 

16 (5) any available or revised surge plans for the 

17 system (including surge plans for loss verification, 

18 loan processing, mailroom, customer service or call 

19 center operations, and a continuity of operations 

20 plan); 

21 (6) information on the plans of the Administra22 tion, if any, for upgrading the Disaster Loan Pro23 gram application processing system, including— 

24 (A) the user capacity of the system; and 


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1 (B) the estimated cost for upgrading the 

2 software and equipment to handle additional 

3 users; 

4 (7) the number of full-time equivalent employees 

5 and job descriptions for the planning and disaster re6 sponse staff of the Administration; 

7 (8) information (including potential cost esti8 mates) on whether— 

9 (A) the Administrator plans to hire full10 time planning staff during the 2006 Atlantic 

11 hurricane season; and 

12 (B) such full-time planner would be hired 

13 in the Office of Disaster Assistance or in another 

14 office of the Administration; 

15 (9) the inservice and preservice training proce16 dures for disaster response staff of the Administra17 tion; 

18 (10) information on the logistical support plans 

19 of the Administration (including equipment and 

20 staffing needs, and detailed information on how such 

21 plans will be scalable depending on the size and scope 

22 of the major disaster); 

23 (11) information on the procurement procedures 

24 of the Administration for acquiring equipment and 

25 staff, including— 


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1 (A) standard procurement procedures dur2 ing nondisaster periods; 

3 (B) standard procurement procedures before 

4 and after major disasters; 

5 (C) whether the Administration meets the 

6 criteria to be exempt from the normal General 

7 Services Administration procurement process for 

8 its disaster response; and 

9 (D) whether any administrative or legisla10 tive changes are needed to allow the Administra11 tion to be exempt from the normal General Serv12 ice Administration procurement process in re13 sponse to a disaster; and 

14 (12) a description of the findings and rec15 ommendations of the Administrator, if any, based on 

16 a review of the response of the Administration to 

17 Hurricane Katrina of 2005, Hurricane Rita of 2005, 

18 and Hurricane Wilma of 2005. 

19 DISASTER LOAN PROGRAM MONTHLY ACCOUNTING REPORT

20 SEC. 2202. (a) In this section— 

21 (1) the term ‘‘applicable period’’ means the pe22 riod beginning on the date on which the President de23 clares a major disaster and ending on the date that 

24 is 30 days after the later of the closing date for appli25 cations for physical disaster loans for such disaster 


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1 and the closing date for applications for economic in2 jury disaster loans for such disaster; and 

3 (2) the term ‘‘major disaster’’ has the meaning 

4 given the term in section 102 of the Robert T. Staf5 ford Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5122). 

7 (b) Not later than the fifth business day of each month 

8 during the applicable period for a major disaster, the Ad9 ministrator of the Small Business Administration shall 

10 provide to the Committee on Small Business and Entrepre11 neurship and the Committee on Appropriations of the Sen12 ate and to the Committee on Small Business and the Com13 mittee on Appropriations of the House of Representatives 

14 a report on the operation of the disaster loan program au15 thorized under section 7 of the Small Business Act (15 

16 U.S.C. 636) for such disaster during the preceding month. 

17 (c) Each report under subsection (b) shall include— 

18 (1) the daily average lending volume, in number 

19 of loans and dollars, and the percent by which each 

20 category has increased or decreased since the previous 

21 report under subsection (b); 

22 (2) the weekly average lending volume, in num23 ber of loans and dollars, and the percent by which 

24 each category has increased or decreased since the pre25 vious report under subsection (b); 


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1 (3) the amount of funding spent over the month 

2 for loans, both in appropriations and program level, 

3 and the percent by which each category has increased 

4 or decreased since the previous report under sub5 section (b); 

6 (4) the amount of funding available for loans, 

7 both in appropriations and program level, and the 

8 percent by which each category has increased or de9 creased, noting the source of any additional funding; 

10 (5) an estimate of how long the available funding 

11 for such loans will last, based on the spending rate; 

12 (6) the amount of funding spent over the month 

13 for staff, along with the number of staff, and the per14 cent by which each category has increased or de15 creased since the previous report under subsection (b); 

16 (7) the amount of funding spent over the month 

17 for administrative costs, and the percent by which 

18 such spending has increased or decreased since the 

19 previous report under subsection (b); 

20 (8) the amount of funding available for salaries 

21 and expenses combined, and the percent by which 

22 such funding has increased or decreased, noting the 

23 source of any additional funding; and 


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1 (9) an estimate of how long the available funding 

2 for salaries and expenses will last, based on the 

3 spending rate. 

4 CHAPTER 3 

5 DEPARTMENT OF DEFENSE—MILITARY 

6 MILITARY PERSONNEL 

7 MILITARY PERSONNEL, ARMY

8 For an additional amount for ‘‘Military Personnel, 

9 Army’’, $2,125,000, for necessary expenses related to the 

10 consequences of Hurricane Katrina and other hurricanes of 

11 the 2005 season: 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 MILITARY PERSONNEL, NAVY

17 For an additional amount for ‘‘Military Personnel, 

18 Navy’’, $22,002,000, for necessary expenses related to the 

19 consequences of Hurricane Katrina and other hurricanes of 

20 the 2005 season: Provided, That the amount provided under 

21 this heading is designated as an emergency requirement 

22 pursuant to section 402 of H. Con. Res. 95 (109th Con23 gress), the concurrent resolution on the budget for fiscal year 

24 2006. 


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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $3,992,000, for necessary expenses related 

4 to the consequences of Hurricane Katrina and other hurri5 canes of the 2005 season: Provided, That the amount pro6 vided under this heading is designated as an emergency re7 quirement pursuant to section 402 of H. Con. Res. 95 

8 (109th Congress), the concurrent resolution on the budget 

9 for fiscal year 2006. 

10 MILITARY PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘Military Personnel, 

12 Air Force’’, $21,610,000, for necessary expenses related to 

13 the consequences of Hurricane Katrina and other hurri14 canes of the 2005 season: Provided, That the amount pro15 vided under this heading is designated as an emergency re16 quirement pursuant to section 402 of H. Con. Res. 95 

17 (109th Congress), the concurrent resolution on the budget 

18 for fiscal year 2006. 

19 RESERVE PERSONNEL, ARMY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Army’’, $4,071,000, for necessary expenses related to the 

22 consequences of Hurricane Katrina and other hurricanes of 

23 the 2005 season: Provided, That the amount provided under 

24 this heading is designated as an emergency requirement 

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1 gress), the concurrent resolution on the budget for fiscal year 

2 2006. 

3 RESERVE PERSONNEL, NAVY

4 For an additional amount for ‘‘Reserve Personnel, 

5 Navy’’, $10,200,000, for necessary expenses related to the 

6 consequences of Hurricane Katrina and other hurricanes of 

7 the 2005 season: Provided, That the amount provided under 

8 this heading is designated as an emergency requirement 

9 pursuant to section 402 of H. Con. Res. 95 (109th Con10 gress), the concurrent resolution on the budget for fiscal year 

11 2006. 

12 RESERVE PERSONNEL, MARINE CORPS

13 For an additional amount for ‘‘Reserve Personnel, Ma14 rine Corps’’, $2,176,000, 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 RESERVE PERSONNEL, AIR FORCE

22 For an additional amount for ‘‘Reserve Personnel, Air 

23 Force’’, $94,000, for necessary expenses related to the con24 sequences of Hurricane Katrina and other hurricanes of the 

25 2005 season: Provided, That the amount provided under 


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1 this heading is designated as an emergency requirement 

2 pursuant to section 402 of H. Con. Res. 95 (109th Con3 gress), the concurrent resolution on the budget for fiscal year 

4 2006. 

5 NATIONAL GUARD PERSONNEL, ARMY

6 For an additional amount for ‘‘National Guard Per7 sonnel, Army’’, $1,304,000, for necessary expenses related 

8 to the consequences of Hurricane Katrina and other hurri9 canes of the 2005 season: Provided, That the amount pro10 vided under this heading is designated as an emergency 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 NATIONAL GUARD PERSONNEL, AIR FORCE

15 For an additional amount for ‘‘National Guard Per16 sonnel, Air Force’’, $1,408,000, for necessary expenses re17 lated to the consequences of Hurricane Katrina and other 

18 hurricanes of the 2005 season: Provided, That the amount 

19 provided under this heading is designated as an emergency 

20 requirement pursuant to section 402 of H. Con. Res. 95 

21 (109th Congress), the concurrent resolution on the budget 

22 for fiscal year 2006. 


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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, NAVY

3 For an additional amount for ‘‘Operation and Mainte4 nance, Navy’’, $29,913,000, to remain available until Sep5 tember 30, 2007, for necessary expenses related to the con6 sequences of Hurricane Katrina and other hurricanes of the 

7 2005 season: Provided, That the amount provided under 

8 this heading is designated as an emergency requirement 

9 pursuant to section 402 of H. Con. Res. 95 (109th Con10 gress), the concurrent resolution on the budget for fiscal year 

11 2006. 

12 OPERATION AND MAINTENANCE, AIR FORCE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Air Force’’, $37,359,000, to remain available until 

15 September 30, 2007, for necessary expenses related to the 

16 consequences of Hurricane Katrina and other hurricanes of 

17 the 2005 season: Provided, That the amount provided under 

18 this heading is designated as an emergency requirement 

19 pursuant to section 402 of H. Con. Res. 95 (109th Con20 gress), the concurrent resolution on the budget for fiscal year 

21 2006. 

22 OPERATION AND MAINTENANCE, NAVY RESERVE

23 For an additional amount for ‘‘Operation and Mainte24 nance, Navy Reserve’’, $12,755,000, to remain available 

25 until September 30, 2007, for necessary expenses related to 


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1 the consequences of Hurricane Katrina and other hurri2 canes of the 2005 season: Provided, That the amount pro3 vided under this heading is designated as an emergency re4 quirement pursuant to section 402 of H. Con. Res. 95 

5 (109th Congress), the concurrent resolution on the budget 

6 for fiscal year 2006. 

7 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

8 For an additional amount for ‘‘Operation and Mainte9 nance, Air Force Reserve’’, $1,277,000, to remain available 

10 until September 30, 2007, for necessary expenses related to 

11 the consequences of Hurricane Katrina and other hurri12 canes of the 2005 season: Provided, That the amount pro13 vided under this heading is designated as an emergency re14 quirement pursuant to section 402 of H. Con. Res. 95 

15 (109th Congress), the concurrent resolution on the budget 

16 for fiscal year 2006. 

17 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

18 For an additional amount for ‘‘Operation and Mainte19 nance, Army National Guard’’, $42,307,000, to remain 

20 available until September 30, 2007, for necessary expenses 

21 related to the consequences of Hurricane Katrina and other 

22 hurricanes of the 2005 season: Provided, That the amount 

23 provided under this heading is designated as an emergency 

24 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 PROCUREMENT 

4 PROCUREMENTOF AMMUNITION, ARMY

5 For an additional amount for ‘‘Procurement of Am6 munition, Army’’, $700,000, to remain available until Sep7 tember 30, 2008, for necessary expenses related to the 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 OTHER PROCUREMENT, ARMY

15 For an additional amount for ‘‘Other Procurement, 

16 Army’’, $9,136,000, to remain available until September 

17 30, 2008, for necessary expenses related to the 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 AIRCRAFT PROCUREMENT, NAVY

24 For an additional amount for ‘‘Aircraft Procurement, 

25 Navy’’, $579,000, to remain available until September 30, 


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1 2008, for necessary expenses related to the consequences of 

2 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 PROCUREMENTOF AMMUNITION, NAVY AND MARINE

8 CORPS

9 For an additional amount for ‘‘Procurement of Am10 munition, Navy and Marine Corps’’, $899,000, to remain 

11 available until September 30, 2008, for necessary expenses 

12 related to the consequences of Hurricane Katrina and other 

13 hurricanes of the 2005 season: Provided, That the amount 

14 provided under this heading 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 SHIPBUILDING AND CONVERSION, NAVY

19 For an additional amount for ‘‘Shipbuilding and Con20 version, Navy’’, $1,025,236,000, to remain available until 

21 September 30, 2010, for necessary expenses related to the 

22 consequences of Hurricane Katrina and other hurricanes of 

23 the 2005 season, which shall be available for transfer within 

24 this account to replace destroyed or damaged equipment, 

25 prepare and recover naval vessels under contract; and proVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 vide for cost adjustments for naval vessels for which funds 

2 have been previously appropriated: Provided, That this 

3 transfer authority is in addition to any other transfer au4 thority available to the Department of Defense: Provided 

5 further, That the Secretary of Defense shall, not fewer than 

6 15 days prior to making transfers within this appropria7 tion, notify the congressional defense committees in writing 

8 of the details of any such transfer: 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 OTHER PROCUREMENT, NAVY

14 For an additional amount for ‘‘Other Procurement, 

15 Navy’’, $85,040,000, to remain available until September 

16 30, 2008, 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 AIRCRAFT PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Aircraft Procurement, 

24 Air Force’’, $13,000,000, to remain available until Sep25 tember 30, 2008, for necessary expenses related to the conVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 sequences of Hurricane Katrina and other hurricanes of the 

2 2005 season: Provided, That the amount provided under 

3 this heading is designated as an emergency requirement 

4 pursuant to section 402 of H. Con. Res. 95 (109th Con5 gress), the concurrent resolution on the budget for fiscal year 

6 2006. 

7 PROCUREMENT, DEFENSE-WIDE

8 For an additional amount for ‘‘Procurement, Defense9 Wide’’, $2,797,000, to remain available until September 30, 

10 2008, for necessary expenses related to the consequences of 

11 Hurricane Katrina and other hurricanes of the 2005 sea12 son: Provided, That the amount provided under this head13 ing is designated as an emergency requirement pursuant 

14 to section 402 of H. Con. Res. 95 (109th Congress), the con15 current resolution on the budget for fiscal year 2006. 

16 RESEARCH, DEVELOPMENT, TEST AND 

17 EVALUATION 

18 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, NAVY

19 For an additional amount for ‘‘Research, Develop20 ment, Test and Evaluation, Navy’’, $12,000,000, to remain 

21 available until September 30, 2007, for necessary expenses 

22 related 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 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, AIR

4 FORCE

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Air Force’’, $6,250,000, to re7 main available until September 30, 2007, for necessary ex8 penses related to the consequences of Hurricane Katrina 

9 and other hurricanes of the 2005 season: Provided, That 

10 the amount provided under this heading is designated as 

11 an emergency requirement pursuant to section 402 of H. 

12 Con. Res. 95 (109th Congress), the concurrent resolution on 

13 the budget for fiscal year 2006. 

14 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, 

15 DEFENSE-WIDE

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Defense-Wide’’, $730,000, to re18 main available until September 30, 2007, for necessary ex19 penses related to the consequences of Hurricane Katrina 

20 and other hurricanes of the 2005 season: Provided, That 

21 the amount provided under this heading is designated as 

22 an emergency requirement pursuant to section 402 of H. 

23 Con. Res. 95 (109th Congress), the concurrent resolution on 

24 the budget for fiscal year 2006. 


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1 REVOLVING AND MANAGEMENT FUNDS 

2 DEFENSE WORKING CAPITAL FUNDS

3 For an additional amount for ‘‘Defense Working Cap4 ital Funds’’, $1,222,000, to remain available until Sep5 tember 30, 2006, for necessary expenses related to the con6 sequences of Hurricane Katrina and other hurricanes of the 

7 2005 season: Provided, That the amount provided under 

8 this heading is designated as an emergency requirement 

9 pursuant to section 402 of H. Con. Res. 95 (109th Con10 gress), the concurrent resolution on the budget for fiscal year 

11 2006. 

12 NATIONAL DEFENSE SEALIFT FUND

13 For an additional amount for ‘‘National Defense Sea14 lift Fund’’, $10,000,000, to remain available until ex15 pended, for necessary expenses related to the consequences 

16 of Hurricane Katrina and other hurricanes of the 2005 sea17 son: Provided, That the amount provided under this head18 ing is designated as an emergency requirement pursuant 

19 to section 402 of H. Con. Res. 95 (109th Congress), the con20 current resolution on the budget for fiscal year 2006. 

21 TRUST FUNDS 

22 GENERAL FUND PAYMENT, SURCHARGE COLLECTIONS, 

23 SALES OF COMMISSARY STORES, DEFENSE

24 For an additional amount for ‘‘General Fund Pay25 ment, Surcharge Collections, Sales of Commissary Stores, 


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1 Defense’’, $10,530,000, to remain available until September 

2 30, 2010, for necessary expenses related to the consequences 

3 of Hurricane Katrina and other hurricanes of the 2005 sea4 son: Provided, That the amount provided under this head5 ing is designated as an emergency requirement pursuant 

6 to section 402 of H. Con. Res. 95 (109th Congress), the con7 current resolution on the budget for fiscal year 2006. 

8 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

9 DEFENSE HEALTH PROGRAM

10 For an additional amount for ‘‘Defense Health Pro11 gram’’, $33,881,000, to remain available until September 

12 30, 2007, for necessary expenses related to the consequences 

13 of Hurricane Katrina and other hurricanes of the 2005 sea14 son: Provided, That the amount provided under this head15 ing is designated as an emergency requirement pursuant 

16 to section 402 of H. Con. Res. 95 (109th Congress), the con17 current resolution on the budget for fiscal year 2006. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For an additional amount for ‘‘Office of the Inspector 

20 General’’, $326,000, to remain available until September 

21 30, 2007, for necessary expenses related to the consequences 

22 of Hurricane Katrina and other hurricanes of the 2005 sea23 son: Provided, That the amount provided under this head24 ing is designated as an emergency requirement pursuant 


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1 to section 402 of H. Con. Res. 95 (109th Congress), the con2 current resolution on the budget for fiscal year 2006. 

3 GENERAL PROVISIONS—THIS CHAPTER 

4 SPECIAL TRANSFER AUTHORITY

5 (TRANSFER OF FUNDS)

6 SEC. 2301. Upon his determination that such action 

7 is necessary to ensure the appropriate allocation of funds 

8 provided to the Department of Defense in this chapter, the 

9 Secretary of Defense may transfer up to $75,000,000, of 

10 such funds between such appropriations: Provided, That the 

11 Secretary shall notify the Congress promptly of each trans12 fer made pursuant to this authority: Provided further, That 

13 the transfer authority provided in this section is in addi14 tion to any other transfer authority available to the Depart15 ment of Defense: Provided further, That the amount made 

16 available by the transfer of funds in or pursuant to this 

17 section is designated as an emergency requirement pursuant 

18 to section 402 of H. Con. Res. 95 (109th Congress), the con19 current resolution on the budget for fiscal year 2006. 

20 PROHIBITION OF NEW START PROGRAMS

21 SEC. 2302. None of the funds provided in this chapter 

22 may be used to finance programs or activities denied by 

23 Congress in fiscal year 2005 and 2006 appropriations to 

24 the Department of Defense or to initiate a procurement or 

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1 gram without prior written notification to the congressional 

2 defense committees. 

3 NAVY SHIPBUILDING COST ADJUSTMENTS

4 SEC. 2303. (a) Amounts appropriated or otherwise 

5 made available by this Act, or by chapter 2 of title I of 

6 the Emergency Supplemental Appropriations Act to Ad7 dress Hurricanes in the Gulf of Mexico and Pandemic In8 fluenza, 2006 (division B of Public Law 109–148; 119 Stat. 

9 2757), under the heading ‘‘Shipbuilding and Conversion, 

10 Navy’’ may be obligated and expended to pay the costs of 

11 any business disruption incurred by a ship construction 

12 contractor with respect to facilities or businesses located in 

13 the Hurricane Katrina Disaster Area by reason of Hurri14 cane Katrina. 

15 (b) Amounts received by a ship construction contractor 

16 under subsection (a) with respect to the costs of business 

17 disruption described in that subsection may not be treated 

18 as collateral insurance coverage or otherwise treated as pay19 ments which would reduce amounts otherwise payable to 

20 the contractor for such costs under any insurance or similar 

21 payer plan. 

22 (c) The Secretary of the Navy shall adjust any ship23 building contract with a ship construction contractor de24 scribed in subsection (a) in order to take into account the 

25 business disruption incurred by the contractor as described 

26 in that subsection. 


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1 (d)(1) In the event a shipbuilding contractor receives 

2 payment (whether through insurance or similar payer 

3 plan) for costs described in subsection (a) for which the con4 tractor has been paid amounts under that subsection, the 

5 contractor shall reimburse the United States for amounts 

6 paid under that subsection in the amount of the payment 

7 so received by the contractor. 

8 (2) Amounts received by the United States as reim9 bursement under paragraph (1) shall be credited to the ac10 count from which payment for the amounts reimbursed 

11 were made. Amounts credited to such account shall be 

12 merged with amounts in such account, and shall be avail13 able for the same purposes, and subject to the same condi14 tions and limitations, as amounts in such account. 

15 (e) In this section, the term ‘‘Hurricane Katrina Dis16 aster Area’’ has the meaning given that term in section 

17 1400M(2) of the Internal Revenue Code of 1986. 

18 CHAPTER 4 

19 DEPARTMENT OF DEFENSE—CIVIL 

20 DEPARTMENT OF THE ARMY 

21 CORPS OF ENGINEERS—CIVIL

22 INVESTIGATIONS

23 For an additional amount for ‘‘Investigations’’ for 

24 necessary expenses related to the consequences of Hurricane 

25 Katrina and other hurricanes of the 2005 season, 


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1 $45,000,000, to remain available until expended: Provided, 

2 That the amount provided under this heading is 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: Provided further, That 

6 using $20,000,000 of the funds provided herein, the Sec7 retary of the Army, acting through the Chief of Engineers, 

8 is directed, at full Federal expense, to inventory all Federal 

9 and non-Federal flood and storm damage reduction 

10 projects; develop and test a methodology to assess the struc11 tural and operational integrity of such projects and the as12 sociated risks; and establish and maintain a database of 

13 such projects, which shall include information on the struc14 tural and operational integrity of the projects and the par15 ties responsible for operation and maintenance of the 

16 projects included therein: Provided further, That 

17 $25,000,000 of the funds provided herein shall be used for 

18 Louisiana Coastal Area Restoration studies. 

19 For an additional amount for ‘‘Investigations’’ for 

20 flood hazard analyses and technical studies related to the 

21 consequences of Hurricane Katrina and other disasters, 

22 $2,500,000 to remain available until expended: Provided, 

23 That the amount provided under this heading is designated 

24 as an emergency requirement pursuant to section 402 of 

25 H. Con. Res. 95 (109th Congress), the concurrent resolution 


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1 on the budget for fiscal year 2006: Provided further, That 

2 the Secretary of the Army acting through the Chief of Engi3 neers is directed to use funds appropriated herein for dis4 aster and other emergency needs, of which up to $1,000,000 

5 is for Flood Plain Management Services for flood hazard 

6 and hydrologic investigations in flood prone areas of Ha7 waii; up to $1,250,000 is for the Delta Islands and Levee 

8 study in California; and $250,000 is for completion of the 

9 CALFED 180-day levee study: Provided further, That the 

10 amount shall be available for the studies identified above 

11 and only to the extent that an official budget request for 

12 a specific dollar amount, that includes designation of the 

13 entire amount of the request as an emergency requirement, 

14 is transmitted by the President to the Congress. 

15 CONSTRUCTION

16 For an additional amount for ‘‘Construction’’ for nec17 essary expenses related to the consequences of Hurricane 

18 Katrina and other hurricanes of the 2005 season, 

19 $595,300,000, to remain available until expended, of which 

20 up to $100,000,000 may be used to reduce the risk of storm 

21 damage to the greater New Orleans metropolitan area, at 

22 full Federal expense, by restoring the surrounding wetlands 

23 through measures to begin to reverse wetland losses in areas 

24 affected by navigation, oil and gas, and other channels and 

25 through modification of the Caernarvon Freshwater Diver26 sion structure or its operations; at least $495,300,000 shall 


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1 be used consistent with the cost-sharing provisions under 

2 which the projects were originally constructed to raise levee 

3 heights where necessary and otherwise enhance the existing 

4 Lake Pontchartrain and Vicinity project and the existing 

5 West Bank and Vicinity project to provide the levels of pro6 tection necessary to achieve the certification required for 

7 participation in the National Flood Insurance Program 

8 under the base flood elevations current at the time of this 

9 construction: Provided, That any project using funds ap10 propriated herein shall be initiated only after non-Federal 

11 interests have entered into binding agreements with the Sec12 retary of the Army to pay 100 percent of the operation, 

13 maintenance, repair, replacement and rehabilitation costs 

14 of the project and to hold and save the United States free 

15 from damages due to the construction or operation and 

16 maintenance of the project, except for damages due to the 

17 fault or negligence of the United States or its contractors: 

18 Provided further, That Congress designates this amount as 

19 an emergency requirement for these specific purposes: 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. 

24 For an additional amount for ‘‘Construction’’ for nec25 essary expenses related to other disasters, $39,000,000, to 


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1 remain available until expended: Provided, 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 the Sec6 retary of the Army acting through the Chief of Engineers 

7 is directed to use funds appropriated herein for disaster and 

8 other emergency needs, of which up to $7,100,000 is for 

9 South Sacramento Streams, California; up to $23,300,000 

10 is for the Sacramento River Bank Protection, California; 

11 up to $5,100,000 is for American River (Common Fea12 tures), California; up to $1,500,000 is for North Padre Is13 land, Texas; and up to $2,000,000 shall be provided at full 

14 Federal expense for the Hawaii water systems technical as15 sistance program: Provided further, That the amount shall 

16 be available for the projects identified above and only to 

17 the extent that an official budget request for a specific dollar 

18 amount, that includes designation of the entire amount of 

19 the request as an emergency requirement, is transmitted by 

20 the President to the Congress. 

21 OPERATIONS AND MAINTENANCE

22 For an additional amount for ‘‘Operations and Main23 tenance’’ to dredge navigation channels and repair other 

24 Corps projects related to the consequences of Hurricane 

25 Katrina and other hurricanes of the 2005 season, 

26 $3,200,000 to remain available until expended: Provided, 


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1 That the amount provided under this heading is designated 

2 as an emergency requirement pursuant to section 402 of 

3 H. Con. Res. 95 (109th Congress), the concurrent resolution 

4 on the budget for fiscal year 2006: Provided further, That 

5 the Secretary of the Army acting through the Chief of Engi6 neers is directed to use funds appropriated herein for dredg7 ing needs along the Texas gulf coast, of which up to 

8 $2,000,000 is for Freeport Harbor, Texas; and up to 

9 $1,200,000 is for Texas City, Texas: Provided further, That 

10 the amount shall be available only for the projects identified 

11 above and to the extent that an official budget request for 

12 a specific dollar amount, that includes designation of the 

13 entire amount of the request as an emergency requirement, 

14 is transmitted by the President to the Congress. 

15 FLOOD CONTROL AND COASTAL EMERGENCIES

16 For an additional amount for ‘‘Flood Control and 

17 Coastal Emergencies’’, as authorized by section 5 of the Act 

18 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses 

19 relating to the consequences of Hurricane Katrina and other 

20 hurricanes of the 2005 season, $3,299,000,000, to remain 

21 available until expended: Provided, That the Secretary of 

22 the Army is directed to use the funds appropriated under 

23 this heading to modify, at full Federal expense, authorized 

24 projects in southeast Louisiana to provide hurricane and 

25 storm damage reduction and flood damage reduction in the 

26 greater New Orleans and surrounding areas; of the funds 


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1 appropriated under this heading, $200,000,000 shall be 

2 used for section 2401; $530,000,000 shall be used to modify 

3 the 17th Street, Orleans Avenue, and London Avenue drain4 age canals and install pumps and closure structures at or 

5 near the lakefront; $250,000,000 shall be used for storm6 proofing interior pump stations to ensure the operability 

7 of the stations during hurricanes, storms, and high water 

8 events; $170,000,000 shall be used for armoring critical ele9 ments of the New Orleans hurricane and storm damage re10 duction system; $350,000,000 shall be used to improve pro11 tection at the Inner Harbor Navigation Canal; 

12 $215,000,000 shall be used to replace or modify certain non13 Federal levees in Plaquemines Parish to incorporate the lev14 ees into the existing New Orleans to Venice hurricane pro15 tection project; and $1,584,000,000 shall be used for rein16 forcing or replacing flood walls, as necessary, in the existing 

17 Lake Pontchartrain and vicinity project and the existing 

18 West Bank and vicinity project to improve the performance 

19 of the systems: Provided further, That any project using 

20 funds appropriated under this heading shall be initiated 

21 only after non-Federal interests have entered into binding 

22 agreements with the Secretary to pay 100 percent of the 

23 operation, maintenance, repair, replacement, and rehabili24 tation costs of the project and to hold and save the United 

25 States free from damages due to the construction or operVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 ation and maintenance of the project, except for damages 

2 due to the fault or negligence of the United States or its 

3 contractors: Provided further, 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 For an additional amount for ‘‘Flood Control and 

9 Coastal Emergencies’’, as authorized by section 5 of the Act 

10 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses 

11 relating to those hurricanes and other disasters, 

12 $17,500,000, to remain available until expended: Provided, 

13 That the amount provided under this heading is designated 

14 as an emergency requirement pursuant to section 402 of 

15 H. Con. Res. 95 (109th Congress), the concurrent resolution 

16 on the budget for fiscal year 2006: Provided further, That 

17 the Secretary, acting through the Chief of Engineers, is di18 rected to use funds appropriated under this heading for the 

19 restoration of funds for hurricane-damaged projects in the 

20 State of Pennsylvania: Provided further, That the amount 

21 shall be available for the projects identified above and only 

22 to the extent that an official budget request for a specific 

23 dollar amount, including a designation of the entire 

24 amount of the request as an emergency requirement, is 

25 transmitted by the President to Congress. 


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1 GENERAL PROVISIONS—THIS CHAPTER 

2 FLOOD PROTECTION, LOUISIANA

3 SEC. 2401. (a) There shall be made available 

4 $200,000,000 for the Secretary of the Army (referred to in 

5 this section as the ‘‘Secretary’’) to provide, at full Federal 

6 expense— 

7 (1) removal of the existing pumping stations on 

8 the 3 interior drainage canals in Jefferson and Orle9 ans Parishes and realignment of the drainage canals 

10 to direct interior flows to the new permanent pump 

11 stations to be constructed at Lake Pontchartrain; 

12 (2) repairs, replacements, modifications, and im13 provements of non-Federal levees and associated pro14 tection measures— 

15 (A) in areas of Terrebonne Parish; and 

16 (B) on the east bank of the Mississippi 

17 River in Plaquemines Parish, Louisiana; and 

18 (3) for armoring the hurricane and storm dam19 age reduction system in south Louisiana. 

20 (4) A project under this section shall be initiated 

21 only after non-Federal interests have entered into 

22 binding agreements with the Secretary to pay 100 

23 percent of the operation and maintenance costs of the 

24 project and to hold and save the United States free 

25 from damages due to the construction or operation 


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1 and maintenance of the project, except for damages 

2 due to the fault or negligence of the United States or 

3 its contractors. 

4 (5) Not later than 60 days after the date of en5 actment of this Act the Secretary in consultation with 

6 Plaquemines Parish and the State of Louisiana shall 

7 submit to Congress a report detailing a modified plan 

8 regarding levels of protection for lower Plaquemines 

9 Parish, Louisiana, relating to hurricane protection 

10 with a focus on— 

11 (A) protecting densely populated areas; 

12 (B) energy infrastructure; 

13 (C) structural and nonstructural coastal 

14 barriers and protection; 

15 (D) port facilities; and 

16 (E) the long-term maintenance and protec17 tion of the deep draft navigation channel on the 

18 Mississippi River, not including the Mississippi 

19 River-Gulf Outlet. 

20 (6) Not later than 30 days after the date of en21 actment of this Act, the Secretary shall offer to enter 

22 into a contract with the National Academies to pro23 vide to the Secretary a report, by not later than 90 

24 days after the date of enactment of this Act, describ25 ing, for the period beginning on the date on which the 


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1 individual system components for hurricane and 

2 storm damage reduction was constructed and ending 

3 on the date on which the report is prepared, the dif4 ference between— 

5 (A) the portion of the vertical depreciation 

6 of the system that is attributable to design and 

7 construction flaws, taking into consideration the 

8 settling of levees and floodwalls or subsidence; 

9 and 

10 (B) the portion of that depreciation that is 

11 attributable to the application of new storm data 

12 that may require a higher level of vertical protec13 tion in order to comply with 100-year floodplain 

14 certification and standard protect hurricane. 

15 (7) The Secretary of the Army, acting through 

16 the Chief of Engineers, shall use $3,500,000 within 

17 the funds provided in Sec. 2401(a) to develop a com18 prehensive plan, at full Federal expense, to, at a min19 imum, deauthorize deep draft navigation on the Mis20 sissippi River-Gulf Outlet established by Public Law 

21 84–455 (70 Stat. 65, chapter 112) (referred to in this 

22 matter as the ‘‘Outlet’’), extending from the Gulf of 

23 Mexico to the Gulf Intracoastal Waterway, and ad24 dress wetland losses attributable to the Outlet, channel 

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1 water intrusion, navigation, ecosystem restoration, 

2 and related issues: Provided, That the plan shall in3 clude recommended authorization modifications to the 

4 Outlet regarding what, if any, navigation should con5 tinue, measures to provide hurricane and storm pro6 tection, prevent saltwater intrusion, and re-establish 

7 the storm buffering properties and ecological integrity 

8 of the wetland damaged by construction and oper9 ation of the Outlet, and complement restoration of 

10 coastal Louisiana: Provided further, That the Sec11 retary shall develop the plan in consultation with the 

12 Parish of St. Bernard, Louisiana, the State of Lou13 isiana, the Secretary of the Interior, the Secretary of 

14 Commerce, the Administrator of the Environmental 

15 Protection Agency, and the National Academy of 

16 Sciences: Provided further, That the Secretary shall 

17 seek input, review, and comment from the public and 

18 the scientific community for incorporation into the 

19 interim plan: Provided further, That the Secretary 

20 shall ensure that an independent panel of experts es21 tablished by the National Academy of Sciences re22 views and provides written comments for incorpora23 tion into the interim plan: Provided further, That, 

24 not later than 6 months after the date of enactment 

25 of this Act, the Secretary shall submit an interim reVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 port to Congress comprising the plan, the written 

2 comments of the independent panel of experts, and the 

3 written explanation of the Secretary for any rec4 ommendation of the independent panel of experts not 

5 adopted in the plan: Provided further, That the Sec6 retary shall refine the plan, if necessary, to be fully 

7 consistent, integrated, and included in the final tech8 nical report to be issued in December 2007 pursuant 

9 to the matter under the heading ‘‘INVESTIGATIONS’’ 

10 under the heading ‘‘CORPS OF ENGINEERS—CIVIL’’ of 

11 title I of the Energy and Water Development Appro12 priations Act, 2006 (Public Law 109–103, 119 Stat. 

13 2247; Public Law 109–148, 119 Stat. 2814): Provided 

14 further, That the amount provided under this heading 

15 is designated as an emergency requirement pursuant 

16 to section 402 of H. Con. Res. 95 (109th Congress), 

17 the concurrent resolution on the budget for fiscal year 

18 2006: Provided further, That for the projects identi19 fied in the report on the Mississippi River-Gulf Outlet 

20 due by December 2007, required by this section, the 

21 Secretary shall submit such reports to the Senate En22 vironment and Public Works Committee and House 

23 Transportation and Infrastructure Committee: Pro24 vided further, That upon adoption of a resolution auVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 thorizing the project by each committee, the Secretary 

2 shall be authorized to construct such projects. 

3 (8) The amounts provided under this heading 

4 are 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. 

8 SEC. 2402. USE OF UNEXPENDED FUNDS. (a) IN GEN9 ERAL.—Notwithstanding any other provision of law, 

10 amounts made available to the State of Oklahoma or agen11 cies or authorities therein (referred to in this section as the 

12 ‘‘State’’) before the date of enactment of this Act for general 

13 remediation activities being conducted in the vicinity of the 

14 Tar Creek Superfund Site in northeastern Oklahoma and 

15 in Ottawa County, Oklahoma, that remain unexpended as 

16 of the date of enactment of this Act are authorized to be 

17 used by the State to assist individuals and entities in re18 moval from areas at risk or potential risk of damage caused 

19 by land subsidence as determined by the State. 

20 (b) USE OF UNEXPENDED FUNDS.—The use of 

21 unexpended funds in accordance with subsection 

22 (a)— 

23 (1) shall not be subject to the Uniform Relocation As24 sistance and Real Property Acquisition Policies Act of 1970 

25 (42 U.S.C. 4601 et seq.); 


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1 (2) may include any general remediation activities de2 scribed in section (a) determined to be appropriate by the 

3 State, including the buyout of 1 or more properties to facili4 tate a removal described in subsection (a). 

5 CHAPTER 5 

6 DEPARTMENT OF HOMELAND SECURITY 

7 CUSTOMS AND BORDER PROTECTION

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’ for necessary expenses related to the consequences 

11 of Hurricane Katrina and other hurricanes of the 2005 sea12 son, $12,900,000: Provided, That the amount provided 

13 under this heading is designated as an emergency require14 ment pursuant to section 402 of H. Con. Res. 95 (109th 

15 Congress), the concurrent resolution on the budget for fiscal 

16 year 2006. 

17 CONSTRUCTION

18 For an additional amount for ‘‘Construction’’ for nec19 essary expenses related to the consequences of Hurricane 

20 Katrina and other hurricanes of the 2005 season, 

21 $4,800,000, to remain available until expended: Provided, 

22 That the amount provided under this heading 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 UNITED STATES COAST GUARD

2 OPERATING EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For an additional amount for ‘‘Operating Expenses’’ 

5 for necessary expenses related to the consequences of Hurri6 cane Katrina and other hurricanes of the 2005 season, 

7 $90,570,900, to remain available until September 30, 2007, 

8 of which up to $267,000 may be transferred to ‘‘Environ9 mental Compliance and Restoration’’ to be used for envi10 ronmental cleanup and restoration of Coast Guard facilities 

11 in the Gulf of Mexico region; and of which up to $470,000 

12 may be transferred to ‘‘Research, Development, Test and 

13 Evaluation’’ to be used for salvage and repair of research 

14 and development equipment and facilities: Provided, That 

15 the amounts provided under this heading are 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 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

20 For an additional amount for ‘‘Acquisition, Construc21 tion, and Improvements’’ for necessary expenses related to 

22 the consequences of Hurricane Katrina and other hurri23 canes of the 2005 season, $191,844,000, to remain available 

24 until expended: Provided, That such amounts shall be avail25 able for major repair and reconstruction projects for facili26 ties that were damaged and for damage to vessels currently 


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1 under construction, for the replacement of damaged equip2 ment, and for the reimbursement of delay, loss of efficiency, 

3 disruption, and related costs: Provided further, That 

4 amounts provided are also for equitable adjustments and 

5 provisional payments to contracts for Coast Guard vessels 

6 for which funds have been previously appropriated: 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 FEDERAL EMERGENCY MANAGEMENT AGENCY

12 ADMINISTRATIVE AND REGIONAL OPERATIONS

13 For an additional amount for ‘‘Administrative and 

14 Regional Operations’’ for necessary expenses related to the 

15 consequences of Hurricane Katrina and other hurricanes of 

16 the 2005 season, $71,800,000, to remain available until ex17 pended: 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 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

22 For an additional amount for ‘‘Preparedness, Mitiga23 tion, Response, and Recovery’’ for necessary expenses re24 lated to the consequences of Hurricane Katrina and other 

25 hurricanes of the 2005 season, $10,000,000, to remain 

26 available until expended: Provided, That the amount proVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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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 DISASTER RELIEF

6 For an additional amount for ‘‘Disaster Relief’’ for 

7 necessary expenses under the Robert T. Stafford Disaster 

8 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

9 seq.), $10,400,000,000, to remain available until expended: 

10 Provided, That for States in which the President declared 

11 a major disaster (as that term is defined in section 102 

12 of the Robert T. Stafford Disaster Relief and Emergency 

13 Assistance Act (42 U.S.C. 5122)) on September 24, 2005, 

14 as a result of Hurricane Rita, each county or parish eligible 

15 for individual and public assistance under such declaration 

16 in such States will be treated equally for purposes of cost17 share adjustments under such Act, to account for the impact 

18 in those counties and parishes of Hurricanes Rita and 

19 Katrina: 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: Provided further, That any charter school, as that 

24 term is defined in section 5210 of the Elementary and Sec25 ondary Education Act of 1965 (20 U.S.C. 722(i)), regard26 less of whether the facility of such charter school is privately 


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1 or publicly owned, shall be considered for reimbursement 

2 for damages incurred to public schools due to the effects of 

3 Hurricane Katrina or Hurricane Rita: Provided further, 

4 That if the facility that houses the charter school is pri5 vately owned, then such facility shall reimburse FEMA for 

6 any improvements or repairs made to the facility that 

7 would not otherwise have been reimbursed by FEMA but 

8 for the existence of the charter school, if such charter school 

9 vacates such facility before the end of 5 years following com10 pletion of construction and approved inspection by a gov11 ernment entity, unless it is replaced by another charter 

12 school during that 5-year period. 

13 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

14 For an additional amount for ‘‘Disaster Assistance Di15 rect Loan Program Account’’ for the cost of direct loans 

16 as authorized under section 417 of the Robert T. Stafford 

17 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

18 5184), $301,000,000, to be used to assist local governments 

19 affected by Hurricane Katrina and other hurricanes of the 

20 2005 season in providing essential services, of which 

21 $1,000,000 is for administrative expenses to carry out the 

22 direct loan program: Provided, That such funds may be 

23 made to subsidize gross obligations for the principal 

24 amount of direct loans not to exceed $400,000,000: Provided 

25 further, That notwithstanding section 417(b) of such Act, 

26 the amount of any such loan issued pursuant to this section 


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1 may exceed $5,000,000, and may be equal to not more than 

2 50 percent of the annual operating budget of the local gov3 ernment in any case in which that local government has 

4 suffered a loss of 25 percent or more in tax revenues due 

5 to Hurricane Katrina or Hurricane Rita of 2005: Provided 

6 further, That notwithstanding section 417(c)(1) of such Act, 

7 such loans may not be canceled: Provided further, That the 

8 cost of modifying such loans shall be as defined in section 

9 502 of the Congressional Budget Act of 1974 (2 U.S.C. 

10 661a): Provided further, That the amounts provided under 

11 this heading are 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 GENERAL PROVISIONS—THIS CHAPTER 

16 FEDERAL EMERGENCY MANAGEMENTAGENCY

17 SEC. 2501. The Federal Emergency Management Agen18 cy may provide funds to a State or local government or, 

19 as necessary, assume an existing agreement from such unit 

20 of government, to pay for utility costs resulting from the 

21 provision of temporary housing units to evacuees from Hur22 ricane Katrina and other hurricanes of the 2005 season if 

23 the State or local government has previously arranged to 

24 pay for such utilities on behalf of the evacuees for the term 

25 of any leases, not to exceed 12 months, contracted by or 


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1 prior to February 7, 2006: Provided, That the Federal share 

2 of the costs eligible to be paid shall be 100 percent. 

3 NATIONAL FLOOD INSURANCE FUND

4 SEC. 2502. (a) Title III of Public Law 109–90 (119 

5 Stat. 2079) is amended under the heading ‘‘National Flood 

6 Insurance Fund’’ by striking in the proviso ‘‘$30,000,000’’ 

7 and inserting ‘‘such sums as necessary, not to exceed 

8 $1,000,000,000,’’. 

9 (b) The provisions of this section are 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 HOUSING PILOTPROGRAM

14 SEC. 2503. Notwithstanding any other provision of 

15 law, the Secretary of Homeland Security shall consider eli16 gible under the Federal Emergency Management Agency In17 dividual Assistance Program the costs sufficient for alter18 native housing pilot programs in the areas hardest hit by 

19 Hurricane Katrina and other hurricanes of the 2005 sea20 son: Provided, That the Secretary of Homeland Security 

21 shall submit for approval a proposal and an expenditure 

22 plan for the alternative housing pilot program to the Com23 mittees on Appropriations of the Senate and House of Rep24 resentatives within forty-five days from the date of enact25 ment of this Act: Provided further, That no State shall host 

26 more than one alternative housing pilot program. 


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1 CHAPTER 6 

2 DEPARTMENT OF THE INTERIOR 

3 UNITED STATES FISH AND WILDLIFE SERVICE

4 CONSTRUCTION

5 For an additional amount for ‘‘Construction’’ for nec6 essary expenses related to the consequences of Hurricane 

7 Katrina and other hurricanes of the 2005 season, 

8 $132,400,000, to remain available until expended: Pro9 vided, That the amount provided under this heading 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 NATIONAL PARK SERVICE

14 HISTORIC PRESERVATION FUND

15 For an additional amount for ‘‘Historic Preservation 

16 Fund’’ for necessary expenses related to the consequences of 

17 Hurricane Katrina and other hurricanes of the 2005 sea18 son, $83,000,000, to remain available until expended: Pro19 vided, That of the funds provided under this heading, 

20 $80,000,000 shall be provided to State historical preserva21 tion officers for grants for disaster relief in areas of Lou22 isiana, Mississippi, and Alabama impacted by Hurricanes 

23 Katrina or Rita: Provided further, That grants shall be for 

24 the preservation, stabilization, rehabilitation, and repair of 

25 historic houses and designated ‘‘Main Street’’ commercial 


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1 properties listed in or eligible for the National Register of 

2 Historic Places, for planning and technical assistance: Pro3 vided further, That grants shall only be available for areas 

4 that the President determines to be a major disaster under 

5 section 102(2) of the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5122(2)) due to Hur7 ricanes Katrina or Rita: Provided further, That individual 

8 grants shall not be subject to a non-Federal matching re9 quirement: Provided further, That no more than 5 percent 

10 of funds provided under this heading for disaster relief 

11 grants may be used for administrative expenses: Provided 

12 further, That of the amount provided under this heading 

13 for disaster relief grants, $37,500,000 shall be for the State 

14 of Louisiana, $37,500,000 shall be for the State of Mis15 sissippi, and $5,000,000 shall be for the State of Alabama: 

16 Provided further, That the amounts provided under this 

17 heading are 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 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 $55,400,000, to remain available until expended: 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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1 H. Con. Res. 95 (109th Congress), the concurrent resolution 

2 on the budget for fiscal year 2006. 

3 UNITED STATES GEOLOGICAL SURVEY

4 SURVEYS, INVESTIGATIONS, AND RESEARCH

5 For an additional amount for ‘‘Surveys, Investiga6 tions, and Research’’ for necessary expenses related to the 

7 consequences of Hurricane Katrina and other hurricanes of 

8 the 2005 season and for repayment of advances to other ap9 propriation accounts from which funds were transferred for 

10 such purposes, $10,200,000, to remain available until ex11 pended: Provided, That the amount provided under this 

12 heading is designated as an emergency requirement pursu13 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

14 concurrent resolution on the budget for fiscal year 2006. 

15 MINERALS MANAGEMENT SERVICE

16 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

17 For an additional amount for ‘‘Royalty and Offshore 

18 Minerals Management’’ for necessary expenses related to the 

19 consequences of Hurricane Katrina and other hurricanes of 

20 the 2005 season and for repayment of advances to other ap21 propriation accounts from which funds were transferred for 

22 such purposes, $15,000,000, to remain available until Sep23 tember 30, 2007: Provided, That the amount provided under 

24 this heading is designated as an emergency requirement 

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1 gress), the concurrent resolution on the budget for fiscal year 

2 2006. 

3 ENVIRONMENTAL PROTECTION AGENCY 

4 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

5 For an additional amount for ‘‘Environmental Pro6 grams and Management’’ for necessary expenses related to 

7 the consequences of Hurricane Katrina and other hurri8 canes of the 2005 season, $6,000,000, 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 LEAKING UNDERGROUND STORAGE TANK PROGRAM

15 For an additional amount for ‘‘Leaking Underground 

16 Storage Tank Program’’ for necessary expenses related to 

17 the consequences of Hurricane Katrina and other hurri18 canes of the 2005 season, $7,000,000, to remain available 

19 until September 30, 2007: 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 DEPARTMENT OF AGRICULTURE 

2 FOREST SERVICE

3 NATIONAL FOREST SYSTEM

4 For an additional amount for the ‘‘National Forest 

5 System’’ for necessary expenses, $50,000,000, to remain 

6 available until expended: 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 CHAPTER 7 

12 DEPARTMENT OF LABOR 

13 EMPLOYMENTAND TRAINING ADMINISTRATION

14 TRAINING AND EMPLOYMENT SERVICES

15 For an additional amount for ‘‘Training and Employ16 ment Services’’, $32,500,000, to remain available until ex17 pended, for necessary expenses related to the consequences 

18 of Hurricane Katrina and other hurricanes of the 2005 sea19 son, for construction, rehabilitation, and acquisition of Job 

20 Corps centers as authorized by the Workforce Investment 

21 Act of 1998: Provided, That the amount provided under this 

22 heading is designated as an emergency requirement pursu23 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

24 concurrent resolution on the budget for fiscal year 2006. 


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1 DEPARTMENTAL MANAGEMENT

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, $2,000,000, 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 HEALTH AND HUMAN 

12 SERVICES 

13 HEALTH RESOURCES AND SERVICES ADMINISTRATION

14 For an additional amount for ‘‘Community Health 

15 Centers’’, $6,000,000, to establish and purchase communica16 tion equipment including satellite phones for a communica17 tions network among departments of health, community 

18 health centers and major medical centers in States affected 

19 by 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 CENTERS FOR DISEASE CONTROL AND PREVENTION

2 DISEASE CONTROL, RESEARCH, AND TRAINING

3 For an additional amount for ‘‘Disease Control, Re4 search, and Training’’, $20,000,000, to remain available 

5 until expended, for mosquito and other pest abatement ac6 tivities in States affected by Hurricane Katrina and other 

7 hurricanes of the 2005 season: 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 OFFICE OF THE SECRETARY

13 OFFICE OF INSPECTOR GENERAL

14 For an additional amount for ‘‘Office of Inspector 

15 General’’ for necessary expenses related to the consequences 

16 of Hurricane Katrina and other hurricanes of the 2005 sea17 son, $2,669,846, 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. 


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1 DEPARTMENT OF EDUCATION 

2 DEPARTMENTAL MANAGEMENT

3 OFFICE OF THE INSPECTOR GENERAL

4 For an additional amount for ‘‘Office of the Inspector 

5 General’’, $1,500,000, to remain available until September 

6 30, 2007, for necessary expenses related to the consequences 

7 of Hurricane Katrina and other hurricanes of the 2005 sea8 son: Provided, That the amount provided under this head9 ing is designated as an emergency requirement pursuant 

10 to section 402 of H. Con. Res. 95 (109th Congress), the con11 current resolution on the budget for fiscal year 2006. 

12 HURRICANE EDUCATION RECOVERY

13 For an additional amount under the heading ‘‘Depart14 ment of Education’’ in Public Law 109–148 for carrying 

15 out section 107 of title IV, division B of that Act, 

16 $300,000,000, for necessary expenses related to the con17 sequences of Hurricane Katrina and other hurricanes of the 

18 2005 season: Provided, That an additional $350,000,000 

19 shall be available to the Department of Education, until 

20 December 31, 2006, for part A of title V of the Elementary 

21 and Secondary Education Act of 1965 (‘‘ESEA’’) for allo22 cations to States for necessary expenses in the 2006–2007 

23 academic year related to the consequences of Hurricanes 

24 Katrina and Rita: Provided further, That, notwithstanding 

25 the allotment formula described in section 5111 of the 

26 ESEA, funds made available in the preceding proviso shall 


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1 be allocated to each eligible State educational agency on the 

2 basis of its relative share of displaced students (as that term 

3 is defined in section 107(b)(1) of title IV of division B of 

4 Public Law 109–148) enrolled on October 1, 2006, provided 

5 that the number of displaced students enrolled in public and 

6 private elementary schools and secondary schools in the 

7 State is not less than 1 percent of the total fourth quarter 

8 displaced student enrollment count of the 2005–2006 aca9 demic year: Provided further, That, notwithstanding the al10 location formula described in section 5112 of the ESEA, 

11 each State educational agency shall make 100 percent of 

12 funds available under such proviso to local educational 

13 agencies on the basis of each local educational agency’s rel14 ative share of displaced students on October 1, 2006: Pro15 vided further, That such local educational agencies shall use 

16 such funds in accordance with sections 5131 and 5142 of 

17 the ESEA: Provided further, 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 For the principal amount of direct loans, as authorized 

23 under section 2701 of title II of this Act, made not later 

24 than 60 days after the enactment of this Act for necessary 


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1 expenses related to the consequences of Hurricane Katrina 

2 and other hurricanes of the 2005 season, $300,000,000. 

3 For the cost of direct loans, including the cost of modi4 fying loans as defined in section 502 of the Congressional 

5 Budget Act of 1974, $200,000,000, to remain available until 

6 expended: 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 Hereafter, the loan level established under this heading 

11 shall be considered an estimate, not a limitation. 

12 For an additional amount under part B of title VII 

13 of the Higher Education Act of 1965 for institutions of 

14 higher education (as defined in section 102 of that Act) that 

15 are located in an area in which a major disaster has been 

16 declared in accordance with section 401 of the Robert T. 

17 Stafford Disaster Relief and emergency Assistance Act re18 lated to hurricanes in the Gulf of Mexico in calendar year 

19 2005, $30,000,000 for hurricane related costs: Provided, 

20 That the amount provided under this heading is designated 

21 as an emergency requirement pursuant to section 402 of 

22 H. Con. Res. 95 (109th Congress), the concurrent resolution 

23 on the budget for fiscal year 2006. 


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1 RELATED AGENCIES 

2 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

3 NATIONAL AND COMMUNITY SERVICE PROGRAMS, 

4 OPERATING EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for the Corporation for Na7 tional and Community Service (the ‘‘Corporation’’) for nec8 essary expenses related to the consequences of Hurricane 

9 Katrina and other hurricanes of the 2005 season, 

10 $20,000,000, to remain available until September 30, 2007: 

11 Provided, That the funds made available under this heading 

12 shall be available for the Civilian Community Corps au13 thorized under subtitle E of title I of the National and Com14 munity Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12611 

15 et seq.): Provided further, That the Corporation may trans16 fer funds from the amount provided under the first proviso 

17 to the National Service Trust authorized under subtitle D 

18 of title I of the Act (42 U.S.C. 12601) upon determination 

19 that such transfer is necessary to support the activities of 

20 Civilian Community Corps participants and after notice 

21 is transmitted to Congress: Provided further, That the 

22 amount provided under this heading is designated as an 

23 emergency requirement pursuant to section 402 of H. Con. 

24 Res. 95 (109th Congress), the concurrent resolution on the 

25 budget for fiscal year 2006. 


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1 SOCIAL SECURITY ADMINISTRATION

2 OFFICE OF INSPECTOR GENERAL

3 For an additional amount for ‘‘Office of Inspector 

4 General’’, $277,000, to remain available until September 

5 30, 2007, for necessary expenses related to the consequences 

6 of Hurricane Katrina and other hurricanes of the 2005 sea7 son: 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 GENERAL PROVISIONS—THIS CHAPTER 

12 DEPARTMENT OF EDUCATION—HURRICANE EDUCATION

13 RECOVERY

14 SEC. 2701. (a) AUTHORIZATION OF PROGRAM.—The 

15 Secretary of Education shall establish an Education Relief 

16 Loan Program that includes amounts appropriated under 

17 chapter 7 of title II of this Act and provides from such 

18 amounts funds for long-term, low-interest direct loans to eli19 gible postsecondary educational institutions for direct or in20 direct losses incurred on or after August 28, 2005, resulting 

21 from the impact of Hurricanes Katrina and Rita, and re22 covery initiatives of such institutions. 

23 (b) ELIGIBILITY.—In this section, the term ‘‘eligible 

24 postsecondary educational institution’’ means— 


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1 (1) a public postsecondary educational institu2 tion that was forced to suspend operations due to the 

3 impact of Hurricanes Katrina and Rita and has not 

4 been able to reopen in existing facilities or fully re5 open to the levels that existed before the impact of 

6 such hurricanes; 

7 (2) a private, nonprofit postsecondary edu8 cational institution that was forced to suspend oper9 ations due to the impact of such hurricanes and has 

10 not been able to reopen in existing facilities or fully 

11 reopen to the levels that existed before the impact of 

12 such hurricanes; or 

13 (3) a public or private school of medicine that 

14 was forced to suspend operations due to the impact of 

15 such hurricanes and has not been able to reopen in 

16 existing facilities or fully reopen to the levels that ex17 isted before the impact of such hurricanes. 

18 (c) REQUIREMENTS FOR ASSISTANCE DUE TO

19 LOSSES.— 

20 (1) IN GENERAL.—An eligible postsecondary edu21 cational institution that desires to receive assistance 

22 under this section shall— 

23 (A) submit a sworn financial statement and 

24 other appropriate data, documentation, or other 

25 evidence requested by the Secretary of Education 


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1 that indicates that the institution incurred losses 

2 resulting from the impact of Hurricanes Katrina 

3 and Rita and the monetary amount of such 

4 losses; 

5 (B) demonstrate that the institution at6 tempted to minimize the cost of any losses by 

7 pursuing collateral source compensation from the 

8 Federal Emergency Management Agency, the 

9 Small Business Administration, and insurance 

10 prior to seeking assistance under this section; 

11 and 

12 (C) demonstrate that the institution has not 

13 been able to reopen in existing facilities or fully 

14 reopen to the levels that existed before the impact 

15 of such hurricanes. 

16 (2) NO REQUIREMENT THAT INSTITUTION RE17 CEIVE COLLATERAL SOURCE COMPENSATION.—An eli18 gible postsecondary educational institution shall be el19 igible for a loan under this section regardless of 

20 whether or not such institution received collateral 

21 source compensation from the Federal Emergency 

22 Management Agency, the Small Business Administra23 tion, or insurance. 


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1 (d) USE OF ASSISTANCE.—Assistance received by an 

2 eligible postsecondary educational institution pursuant to 

3 this section may be used for— 

4 (1) direct and indirect construction cost and 

5 clean-up resulting from Hurricanes Katrina and 

6 Rita; 

7 (2) faculty salaries and incentives for retaining 

8 faculty; and 

9 (3) costs of lost tuition, revenue, and enrollment. 

10 (e) AUDIT.—The Secretary of Education and the 

11 Comptroller General of the United States may audit a state12 ment submitted under subsection (c)(1)(A) and may request 

13 any information that the Secretary of Education and 

14 Comptroller General determine necessary to conduct such 

15 an audit. 

16 (f) REDUCTION IN ASSISTANCE.—In calculating assist17 ance to eligible postsecondary educational institutions 

18 under this section, the Secretary of Education shall cal19 culate a figure that reduces from the monetary amount of 

20 losses incurred by such institution, only the amount of col21 lateral source compensation the institution has already re22 ceived from insurance, the Federal Emergency Management 

23 Agency, and the Small Business Administration. 

24 (g) REGULATIONS.—Not later than 30 days after the 

25 date of enactment of this section, the Secretary of Education 


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1 shall establish terms for the long-term, low-interest direct 

2 loan program and procedures for an application for assist3 ance under this section and minimum requirements for the 

4 program and for receiving assistance under this section, in5 cluding the following: 

6 (1) Forms to be used in submitting request for 

7 assistance. 

8 (2) Procedures to assist in filing and pursing as9 sistance. 

10 (3) Loan repayment and interest rate procedures 

11 and requirements, as specified by the Secretary of 

12 Education and in accordance with the published rule 

13 of October 18, 2005 (44 C.F.R. 206.370–377), imple14 menting the Community Disaster Loan Act of 2005 

15 (Public Law 109–88). 

16 HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

17 FINANCING PROGRAM

18 SEC. 2702. (a) In this section: 

19 (1) The term ‘‘affected institution’’ means an in20 stitution of higher education that is— 

21 (A) a part B institution, as such term is 

22 defined in section 322 of the Higher Education 

23 Act of 1965 (20 U.S.C. 1061); and 

24 (B) located in an area affected by a Gulf 

25 hurricane disaster. 


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1 (2) The terms ‘‘area affected by a Gulf hurricane 

2 disaster’’ and ‘‘Gulf hurricane disaster’’ have the 

3 meanings given such terms in section 209 of the 

4 Higher Education Hurricane Relief Act of 2005 

5 (Public Law 109–148, 119 Stat. 2809). 

6 (b) Notwithstanding any other provision of law (unless 

7 enacted with specific reference to this section), the Secretary 

8 of Education is authorized to waive or modify, as the Sec9 retary determines is necessary, any statutory or regulatory 

10 provision related to historically Black college and univer11 sity capital financing under part D of title III of the High12 er Education Act of 1965 (20 U.S.C. 1066 et seq.), in con13 nection with a Gulf hurricane disaster, to ensure that— 

14 (1) the calculation of financing need under sec15 tion 343 of such Act (20 U.S.C. 1066b) for an affected 

16 institution is modified to reflect any changes in the 

17 financial condition of the institution as a result of the 

18 Gulf hurricane disaster; and 

19 (2) an affected institution that was not receiving 

20 assistance under such part before the Gulf hurricane 

21 disaster is eligible to apply for capital financing to 

22 assist in institutional recovery from the Gulf hurri23 cane disaster. 

24 (c)(1) Notwithstanding section 343(b)(1) or any other 

25 provision of title III of the Higher Education Act of 1965 


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1 (20 U.S.C. 1066b(b)(1), 1051 et seq.), in carrying out sec2 tion 343 of such Act, a designated bonding authority shall 

3 withhold not more than 1 percent for the cost of issuance 

4 from the proceeds of qualified bonds that are loaned to an 

5 affected institution. 

6 (2) Notwithstanding section 343(b)(3) or any other 

7 provision of title III of the Higher Education Act of 1965 

8 (20 U.S.C. 1066b(b)(3), 1051 et seq.), the interest rate 

9 charged for a loan issued under part D of title III of such 

10 Act, after the date of enactment of this Act and with respect 

11 to an affected institution, shall be a rate of 1 percent for 

12 the period of the loan. 

13 (3) Notwithstanding any other provision of title III 

14 of the Higher Education Act of 1965 (20 U.S.C. 1051 et 

15 seq.), the requirements of section 343(b)(8) and 343(c)(2) 

16 of such Act (20 U.S.C. 1066(b)(8)) shall not apply with re17 spect to an affected institution receiving a loan under part 

18 D of title III of such Act (20 U.S.C. 1066 et seq.). 

19 (d) Notwithstanding any provision of title III of the 

20 Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or 

21 any regulation promulgated under such title, the Secretary 

22 of Education shall grant a deferment, for a period of not 

23 more than 3 years, to an affected institution who has re24 ceived a loan under part D of title III of such Act (20 

25 U.S.C. 1066 et seq.). During the deferment period granted 


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1 under this subsection, the affected institution shall not be 

2 required to pay any periodic installment of principal re3 quired under the loan agreement for such loan, and interest 

4 on such loan shall not accrue for the period of the deferment. 

5 (e)(1) Except as provided in paragraph (2), the au6 thority provided under this section to enter into, or modify 

7 or waive the terms of, a loan agreement or insurance agree8 ment under part D of title III of the Higher Education 

9 Act of 1965 (20 U.S.C. 1066 et seq.), or to grant a loan 

10 deferment under subsection (d), shall terminate 1 year after 

11 the date of enactment of this Act. 

12 (2) Any provision of a loan agreement or insurance 

13 agreement modified or waived by the authority under this 

14 section shall remain so modified or waived for the duration 

15 of the period covered by the loan agreement or insurance 

16 agreement. 

17 (f) The amount provided in this section is designated 

18 as an emergency requirement pursuant to section 402 of 

19 H. Con. Res. 95 (109th Congress), the concurrent resolution 

20 on the budget for fiscal year 2006. 

21 USE OF SUPPLEMENTAL HIGHER EDUCATION ACT FUNDS

22 SEC. 2703. Funds available to the Mississippi Insti23 tutes of Higher Learning under the heading ‘‘Department 

24 of Education’’ in Public Law 109–148 may be used to sup25 port activities authorized by part B of title VII of the High26 er Education Act of 1965, as determined necessary by the 


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1 Mississippi Institutes of Higher Learning: Provided, That 

2 the amount provided under this section 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. 

6 SOCIAL SECURITY ADMINISTRATION 

7 (TRANSFER OF FUNDS)

8 SEC. 2704. Of the funds made available under the 

9 heading ‘‘Disaster Relief’’ under the heading ‘‘Federal 

10 Emergency Management Agency’’ in chapter 5 of this title, 

11 $38,000,000 is hereby transferred to the Social Security Ad12 ministration for necessary expenses and direct or indirect 

13 losses related to the consequences of Hurricane Katrina and 

14 other hurricanes of the 2005 season: Provided, That the 

15 amount transferred by this section is designated as an 

16 emergency requirement pursuant to section 402 of H. Con. 

17 Res. 95 (109th Congress), the concurrent resolution on the 

18 budget for fiscal year 2006. 

19 CHAPTER 8 

20 DEPARTMENT OF DEFENSE 

21 MILITARY CONSTRUCTION 

22 MILITARY CONSTRUCTION, NAVY

23 For an additional amount for ‘‘Military Construction, 

24 Navy’’ for necessary expenses related to the consequences of 

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1 son, $44,770,000, to remain available until September 30, 

2 2010: Provided, That such funds may be obligated or ex3 pended for planning and design and military construction 

4 projects not otherwise authorized by law: Provided further, 

5 That the amount provided under this heading 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 MILITARY CONSTRUCTION, AIR FORCE

10 For an additional amount for ‘‘Military Construction, 

11 Air Force’’ for necessary expenses related to the con12 sequences of Hurricane Katrina and other hurricanes of the 

13 2005 season, $103,500,000, to remain available until Sep14 tember 30, 2010: Provided, That such funds may be obli15 gated or expended for planning and design and military 

16 construction projects not otherwise authorized by law: Pro17 vided further, That the amount provided under this heading 

18 is designated as an emergency requirement pursuant to sec19 tion 402 of H. Con. Res. 95 (109th Congress), the concur20 rent resolution on the budget for fiscal year 2006. 

21 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

22 For an additional amount for ‘‘Military Construction, 

23 Army National Guard’’ for necessary expenses related to the 

24 consequences of Hurricane Katrina and other hurricanes of 

25 the 2005 season, $210,071,000, to remain available until 


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1 September 30, 2010: Provided, That such funds may be obli2 gated or expended for planning and design and military 

3 construction projects not otherwise authorized by law: 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: Provided 

8 further, That the amount appropriated under this heading 

9 in the Emergency Supplemental Appropriations Act to Ad10 dress Hurricanes in the Gulf of Mexico and Pandemic In11 fluenza, 2006 (division B, Public Law 109–148) shall re12 main available until September 30, 2010. 

13 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

14 For an additional amount for ‘‘Military Construction, 

15 Air National Guard’’ for necessary expenses related to the 

16 consequences of Hurricane Katrina and other hurricanes of 

17 the 2005 season, $5,800,000, to remain available until Sep18 tember 30, 2010: Provided, That such funds may be obli19 gated or expended for planning and design and military 

20 construction projects not otherwise authorized by law: Pro21 vided further, That the amount provided under this heading 

22 is designated as an emergency requirement pursuant to sec23 tion 402 of H. Con. Res. 95 (109th Congress), the concur24 rent resolution on the budget for fiscal year 2006. 


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1 MILITARY CONSTRUCTION, NAVAL RESERVE

2 (INCLUDING RESCISSION OF FUNDS)

3 For an additional amount for ‘‘Military Construction, 

4 Naval Reserve’’ for necessary expenses related to the con5 sequences of Hurricane Katrina and other hurricanes of the 

6 2005 season, $24,270,000, to remain available until Sep7 tember 30, 2010: Provided, That such funds may be obli8 gated or expended for planning and design and military 

9 construction projects not otherwise authorized by law: Pro10 vided further, That the amount provided under this heading 

11 is designated as an emergency requirement pursuant to sec12 tion 402 of H. Con. Res. 95 (109th Congress), the concur13 rent resolution on the budget for fiscal year 2006: Provided 

14 further, That the amount appropriated under this heading 

15 in the Emergency Supplemental Appropriations Act to Ad16 dress Hurricanes in the Gulf of Mexico and Pandemic In17 fluenza, 2006 (division B, Public Law 109–148) shall re18 main available until September 30, 2010, except that, of 

19 such amount $49,530,000 are rescinded. 

20 DEPARTMENT OF VETERANS AFFAIRS 

21 DEPARTMENTAL ADMINISTRATION

22 CONSTRUCTION, MAJOR PROJECTS

23 For an additional amount for ‘‘Construction, Major 

24 Projects’’ for necessary expenses related to the consequences 

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1 son, $623,000,000, to remain available until expended: Pro2 vided, That of that amount, $12,000,000 may be available 

3 for environmental cleanup and removal of debris from De4 partment of Veterans Affairs land in Gulfport, Mississippi: 

5 Provided further, That of that amount, $50,000,000 shall 

6 be available for any purpose for which funds in the ‘Con7 struction, Major Projects’ account are available under law: 

8 Provided further, That the amount provided under this 

9 heading is designated as an emergency requirement pursu10 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

11 concurrent resolution on the budget for fiscal year 2006. 

12 RELATED AGENCY 

13 ARMED FORCES RETIREMENT HOME

14 MAJOR CONSTRUCTION

15 For an additional amount for ‘‘Major Construction’’ 

16 for necessary expenses related to the consequences of Hurri17 cane Katrina and other hurricanes of the 2005 season, 

18 $176,000,000, to remain available until expended: Pro19 vided, That such funds may be obligated or expended for 

20 planning and design and construction projects not other21 wise authorized by law: Provided further, That these funds 

22 shall be used for the planning and design and construction 

23 of a new Armed Forces Retirement Home in Gulfport, Mis24 sissippi: Provided further, 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 GENERAL PROVISIONS—THIS CHAPTER 

5 MILITARY CONSTRUCTION

6 (WAIVER OF LIMITATION)

7 SEC. 2801. The limitation of Federal contribution es8 tablished under section 18236(b) of title 10 is hereby waived 

9 for projects appropriated in this chapter. 

10 DEPARTMENT OF VETERANS AFFAIRS

11 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

12 SEC. 2802. (a) Of the amounts made available in chap13 ter 7 of the title I of division B of Public Law 109–148, 

14 ‘‘Department of Veterans Affairs’’, ‘‘Veterans Health Ad15 ministration’’, ‘‘Medical Services’’, $198,265,000 are hereby 

16 rescinded. 

17 (b) For an additional amount for ‘‘Department of Vet18 erans Affairs’’, ‘‘Veterans Health Administration’’, ‘‘Med19 ical Services’’, $198,265,000, to remain available until ex20 pended, for necessary expenses related to the consequences 

21 of hurricanes in the Gulf of Mexico in calendar year 2005. 

22 (c) The funds made available in subsection (b) may 

23 be transferred to the ‘‘Department of Veterans Affairs’’, 

24 ‘‘Veterans Health Administration’’, ‘‘Medical Services’’, 

25 ‘‘Medical Administration’’, ‘‘Medical Facilities’’, ‘‘Depart26 mental Administration’’, ‘‘Construction, Minor Projects’’, 


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1 and ‘‘Information Technology Systems’’ accounts as re2 quired. 

3 (d) Not less than 15 days prior to making any such 

4 transfer as authorized under subsection (c), the Department 

5 shall notify the Committees on Appropriations of both 

6 Houses of Congress. 

7 (e) This section is designated as an emergency require8 ment pursuant to section 402 of H. Con. Res. 95 (109th 

9 Congress), the concurrent resolution on the budget for fiscal 

10 year 2006. 

11 DEPARTMENT OF VETERANS AFFAIRS

12 LAND TRANSFER

13 SEC. 2803. Notwithstanding any other provision of 

14 law, within six months of enactment of this Act, the Sec15 retary of Veterans Affairs is authorized and directed to 

16 cleanup and transfer all land parcels of the Department’s 

17 land in Gulfport, Mississippi to the city of Gulfport, Mis18 sissippi. 

19 DEPARTMENT OF VETERANS AFFAIRS

20 NEW ORLEANS AND BILOXI MEDICAL FACILITIES

21 SEC. 2804. Notwithstanding any other provision of 

22 law, and within the amounts appropriated for this purpose, 

23 the Secretary of Veterans Affairs may obligate and expend 

24 funds from the ‘‘Construction, Major Projects’’ appropria25 tion to purchase a site for and the new construction, res26 toration or replacement of the Department of Veterans AfVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 fairs Medical Centers, New Orleans, Louisiana; and Biloxi, 

2 Mississippi. 

3 ARMED FORCES RETIREMENT HOME

4 (TRANSFER OF FUNDS)

5 SEC. 2805. The following unobligated balances shall be 

6 transferred to the Armed Forces Retirement Home ‘‘Major 

7 Construction’’ account, to remain available until expended, 

8 for the planning and design and construction of a new 

9 Armed Forces Retirement Home in Gulfport, Mississippi 

10 from amounts appropriated under the heading ‘‘Armed 

11 Forces Retirement Home’’ in chapter 7 of division B of 

12 Public Law 109–148 (119 Stat. 2769), $45,000,000 pro13 vided for Armed Forces Retirement Home-Gulfport; and 

14 unobligated balances of funds provided in fiscal years 1998 

15 through 2004 for construction and renovation of the phys16 ical plants at the United States Naval Home/Armed Forces 

17 Retirement Home-Gulfport: Provided, That the Navy, act18 ing through the Naval Facilities Engineering Command, 

19 shall be the agent for all matters with regard to the plan20 ning, design, construction, and contract administration re21 lated to the construction of the new Armed Forces Retire22 ment Home: Provided further, That the amount provided 

23 or otherwise made available under this section is designated 

24 as an emergency requirement pursuant to section 402 of 

25 H. Con. Res. 95 (109th Congress), the concurrent resolution 

26 on the budget for fiscal year 2006. 


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1 CHAPTER 9 

2 DEPARTMENT OF TRANSPORTATION 

3 FEDERAL HIGHWAY ADMINISTRATION

4 FEDERAL-AID HIGHWAYS

5 EMERGENCY RELIEF PROGRAM

6 For an additional amount for ‘‘Emergency relief pro7 gram’’ as authorized under 23 U.S.C. 125, $594,000,000, 

8 to remain available until expended, to be made available 

9 to carry out projects eligible for reimbursement under 23 

10 U.S.C. 125 not otherwise funded in other Appropriations 

11 Acts and identified under ‘‘Total Backlog’’ in the Federal 

12 Highway Administration table entitled ‘‘Emergency Relief 

13 Program Fund Requests—updated 03/28/06’’ as well as 

14 projects eligible for reimbursement resulting from 2006 

15 flooding in the State of Hawaii: Provided, That notwith16 standing 23 U.S.C. 120(e), the Federal share for all projects 

17 for repairs or reconstruction of highways, roads, bridges, 

18 and trails to respond to damage caused by Hurricanes 

19 Katrina, Rita, and Wilma shall be 100 percent: Provided 

20 further, That notwithstanding 23 U.S.C. 125(d)(1), the Sec21 retary of Transportation may obligate more than 

22 $100,000,000 for such projects in a State in a fiscal year, 

23 to respond to damage caused by Hurricanes Dennis, 

24 Katrina, Rita, or Wilma and by the 2004–2005 winter 

25 storms in the State of California: Provided further, That 

26 any amounts in excess of those necessary for emergency exVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 penses relating to the eligible projects cited in the first sen2 tence of this paragraph may be used for other projects au3 thorized under 23 U.S.C. 125: Provided further, That the 

4 amounts provided under this heading are 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 FEDERAL TRANSIT ADMINISTRATION

9 EMERGENCY ASSISTANCE FOR PUBLIC TRANSPORTATION

10 For grants to State or local governmental entities di11 rectly affected by Hurricane Katrina for expenses related 

12 to emergency response and recovery of public transportation 

13 equipment, facilities and services, as determined by the Sec14 retary of Transportation, $200,000,000, to remain available 

15 until expended: Provided, That for recipients of assistance 

16 under chapter 53 of title 49, United States Code, directly 

17 affected by Hurricane Katrina, the Secretary may waive 

18 the Federal matching share requirements for Federal transit 

19 assistance programs under such chapter, including the Fed20 eral matching share requirements contained in existing 

21 Federal assistance grant agreements: Provided further, That 

22 the Secretary may allow such recipients to use such assist23 ance for operating assistance, notwithstanding the terms 

24 and conditions contained in existing Federal assistance 

25 grant agreements: Provided further, That the Secretary may 


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1 waive any other Federal transit assistance grant require2 ments under such chapter or sections 3037 and 3038 of the 

3 Federal Transit Act of 1998, including those requirements 

4 contained in existing Federal assistance grant agreements 

5 to facilitate emergency response and recovery of public 

6 transportation equipment, facilities and services by such re7 cipients: Provided further, That the authority of the Sec8 retary hereunder shall expire two years after the date of 

9 enactment of this section, unless determined otherwise by 

10 the Secretary for a compelling need: Provided further, That 

11 the amount provided under this heading is designated as 

12 an emergency requirement pursuant to section 402 of H. 

13 Con. Res. 95 (109th Congress), the concurrent resolution on 

14 the budget for fiscal year 2006. 

15 FEDERAL RAILROAD ADMINISTRATION

16 CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS

17 Notwithstanding any other provision of law, to enable 

18 the Secretary of Transportation to make a grant under 49 

19 U.S.C. 20154, for the purpose of facilitating the relocation 

20 of a rail line that was destroyed or received significant 

21 damage as the result of Hurricane Katrina and other hurri22 canes of the 2005 season, $700,000,000, to remain available 

23 until expended: Provided, That relocating a significant por24 tion of the rail traffic from a rail line destroyed or damaged 

25 to an existing rail corridor or corridors inland, and thus 


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1 less vulnerable to damage by future hurricanes, and which 

2 permits the abandonment and alternative use of significant 

3 portions of the right-of-way of the rail line destroyed or 

4 damaged in 2005, shall be a permissible relocation of said 

5 rail line pursuant to 49 U.S.C. 20154: Provided further, 

6 That paragraphs (2), (3), and (4) of subsection (c) of section 

7 20154 and subsection (d) of section 20154 shall not apply 

8 in the consideration of an application or award of a grant 

9 under this provision: Provided further, That the amount 

10 provided under this heading is designated as an emergency 

11 requirement pursuant to section 402 of H. Con. Res. 95 

12 (109th Congress), the concurrent resolution on the budget 

13 for fiscal year 2006. 

14 DEPARTMENT OF HOUSING AND URBAN 

15 DEVELOPMENT 

16 PUBLIC AND INDIAN HOUSING

17 TENANT-BASED RENTAL ASSISTANCE

18 For an additional amount for ‘‘Tenant-Based Rental 

19 Assistance’’ for tenant-based and project-based assistance 

20 for households within the area declared a major disaster 

21 under the Robert T. Stafford Disaster Relief and Emer22 gency Assistance Act (42 U.S.C. 5121 et seq.) related to the 

23 consequences of Hurricane Katrina and other hurricanes of 

24 the 2005 season, $202,000,000, to remain available until 

25 September 30, 2007, of which not to exceed $5,000,000 is 


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1 for the administrative and related information technology 

2 costs of the Department of Housing and Urban Develop3 ment: Provided, That such households shall be limited to 

4 those identified under this heading in division B, Public 

5 Law 109–148 and to those which, prior to Hurricane 

6 Katrina or Rita, received assistance under section 236 or 

7 under section 221(d)(3) pursuant to section 221(d)(5) of the 

8 National Housing Act, or section 101 of the Housing and 

9 Urban Development Act of 1965: Provided further, That, 

10 except as otherwise provided, such funds shall be subject to 

11 the terms and conditions of amounts provided under this 

12 heading in division B, Public Law 109–148, except that 

13 section 8(o)(7)(A) of the United States Housing Act of 1937 

14 shall not apply to funds under such heading and under this 

15 heading: Provided further, That no less than $100,000,000 

16 shall be made available as project-based assistance used to 

17 support the reconstruction, rebuilding, and repair of as18 sisted housing that suffered the consequences of Hurricane 

19 Katrina and other hurricanes of the 2005 season or new 

20 structures supported under the low income tax credit pro21 gram: Provided further, That previously assisted HUD 

22 project-based housing and residents of such housing shall 

23 be accorded a preference in the use of such project-based 

24 assistance, except that such funds shall be made available 

25 for 4,500 project-based vouchers for supportive housing 


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1 units for persons with disabilities, as that term is defined 

2 in section 422(2) of the McKinney-Vento Homeless Assist3 ance Act (42 U.S.C. 11382(2)), elderly families, or pre4 viously homeless individuals and families: Provided further, 

5 That the limitation contained in section 8(o)(13)(B) of the 

6 United States Housing Act of 1937 (42 U.S.C. 

7 1437f(o)(13)(B)) shall not apply to such funds: Provided 

8 further, That, notwithstanding any other provision of law, 

9 after providing a first right of return to all households in 

10 the St. Bernard, Orleans, Plaquemines, Jefferson, and St. 

11 Tammany Parishes eligible for project-based housing assist12 ance under this heading and under this heading in division 

13 B, Public Law 109–148, owners may then offer remaining 

14 available dwelling units to city and parish employees from 

15 those parishes for a period of not to exceed 12 months: Pro16 vided further, That the amounts provided under this head17 ing are 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 COMMUNITY PLANNING AND DEVELOPMENT

21 COMMUNITY DEVELOPMENT FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for the ‘‘Community devel24 opment fund’’, for necessary expenses related to disaster re25 lief, long-term recovery, and restoration of infrastructure in 

26 the most impacted and distressed areas related to the conVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 sequences of Hurricane Katrina and other hurricanes of the 

2 2005 season in States for which the President declared a 

3 major disaster under title IV of the Robert T. Stafford Dis4 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

5 et seq.) in conjunction with Hurricane Katrina and other 

6 hurricanes of the 2005 season, $5,200,000,000, to remain 

7 available until expended, for activities authorized under 

8 title I of the Housing and Community Development Act of 

9 1974 (Public Law 93–383): Provided, That funds provided 

10 under this heading shall be administered through an entity 

11 or entities designated by the Governor of each State: Pro12 vided further, That such funds may not be used for activi13 ties reimbursable by or for which funds are made available 

14 by the Federal Emergency Management Agency, the Small 

15 Business Administration, or the Army Corps of Engineers: 

16 Provided further, That funds allocated under this heading 

17 shall not adversely affect the amount of any formula assist18 ance received by a State under this heading: Provided fur19 ther, That each State may use up to five percent of its allo20 cation for administrative costs: Provided further, That not 

21 less than $1,000,000,000 from funds made available on a 

22 pro-rata basis according to the allocation made to each 

23 State under this heading shall be used for repair, rehabilita24 tion, and reconstruction (including demolition, site clear25 ance and remediation) of the affordable rental housing stock 


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1 (including public and other HUD-assisted housing) in the 

2 impacted areas: Provided further, That as long as 

3 $5,200,000,000 is provided under this heading no State 

4 shall be allocated less than 3.5 percent of the amount pro5 vided under this heading: Provided further, That in admin6 istering the funds under this heading, the Secretary of 

7 Housing and Urban Development may waive, or specify al8 ternative requirements for, any provision of any statute or 

9 regulation that the Secretary administers in connection 

10 with the obligation by the Secretary or the use by the recipi11 ent of these funds or guarantees (except for requirements 

12 related to fair housing, nondiscrimination, labor standards, 

13 and the environment), upon a request by the State that such 

14 waiver is required to facilitate the use of such funds or 

15 guarantees, and a finding by the Secretary that such waiver 

16 would not be inconsistent with the overall purpose of the 

17 statute: Provided further, That the Secretary may waive the 

18 requirement that activities benefit persons of low and mod19 erate income, except that at least 50 percent of the funds 

20 made available under this heading must benefit primarily 

21 persons of low and moderate income unless the Secretary 

22 otherwise makes a finding of compelling need: Provided fur23 ther, That the Secretary shall publish in the Federal Reg24 ister any waiver of any statute or regulation that the Sec25 retary administers pursuant to title I of the Housing and 


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1 Community Development Act of 1974 no later than 5 days 

2 before the effective date of such waiver: Provided further, 

3 That every waiver made by the Secretary must be reconsid4 ered according to the three previous provisos on the two5 year anniversary of the day the Secretary published the 

6 waiver in the Federal Register: Provided further, That prior 

7 to the obligation of funds each State shall submit a plan 

8 to the Secretary detailing the proposed use of all funds, in9 cluding criteria for eligibility and how the use of these funds 

10 will address long-term recovery and restoration of infra11 structure: Provided further, That prior to the obligation of 

12 funds to each State, the Secretary shall ensure that such 

13 plan gives priority to infrastructure development and reha14 bilitation and the rehabilitation and reconstruction of the 

15 affordable rental housing stock including public and other 

16 HUD-assisted housing: Provided further, That each State 

17 will report quarterly to the Committees on Appropriations 

18 on all awards and uses of funds made available under this 

19 heading, including specifically identifying all awards of 

20 sole-source contracts and the rationale for making the 

21 award on a sole-source basis: Provided further, That the 

22 Secretary shall notify the Committees on Appropriations on 

23 any proposed allocation of any funds and any related waiv24 ers made pursuant to these provisions under this heading 

25 no later than 5 days before such waiver is made: Provided 


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1 further, That the Secretary shall establish procedures to pre2 vent recipients from receiving any duplication of benefits 

3 and report quarterly to the Committees on Appropriations 

4 with regard to all steps taken to prevent fraud and abuse 

5 of funds made available under this heading including du6 plication of benefits: Provided further, That of the amounts 

7 made available under this heading, the Secretary shall 

8 transfer $12,000,000 to the Office of Inspector General for 

9 costs associated with oversight: Provided further, That none 

10 of the funds provided under this heading may be used by 

11 a State or locality as a matching requirement, share, or 

12 contribution for any other Federal program: Provided fur13 ther, That the amounts provided under this heading are des14 ignated as an emergency requirement pursuant to section 

15 402 of H. Con. Res. 95 (109th Congress), the concurrent 

16 resolution on the budget for fiscal year 2006. 

17 INDEPENDENT AGENCIES 

18 ELECTION ASSISTANCE COMMISSION

19 ELECTION ASSISTANCE

20 For purposes of making discretionary payments to 

21 States affected by Hurricane Katrina and other hurricanes 

22 during the 2005 season to restore and replace supplies, ma23 terials, records, equipment, and technology used in the ad24 ministration of Federal elections and to ensure the full par25 ticipation of individuals displaced by such hurricanes, 


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1 $30,000,000: Provided, That any such funds shall be used 

2 in a manner that is consistent with title III of the Help 

3 America Vote Act of 2002: Provided further, 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 GENERAL SERVICES ADMINISTRATION

9 FEDERAL BUILDINGS FUND

10 For an additional amount for the ‘‘Federal Buildings 

11 Fund’’ for necessary expenses related to the consequences of 

12 Hurricane Katrina and other hurricanes of the 2005 sea13 son, $37,000,000, from the General Fund and to remain 

14 available until expended: Provided, That notwithstanding 

15 40 U.S.C. 3307, the Administrator of General Services is 

16 authorized to proceed with repairs and alterations for af17 fected buildings: Provided further, 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. 


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1 TITLE III 

2 EMERGENCY AGRICULTURAL DISASTER 

3 ASSISTANCE 

4 SEC. 3001. SHORT TITLE. 

5 This title may be cited as the ‘‘Emergency Agricultural 

6 Disaster Assistance Act of 2006’’. 

7 SEC. 3002. DEFINITIONS. 

8 In this title: 

9 (1) ADDITIONAL COVERAGE.—The term ‘‘addi10 tional coverage’’ has the meaning given the term in 

11 section 502(b)(1) of the Federal Crop Insurance Act 

12 (7 U.S.C. 1502(b)(1)). 

13 (2) DISASTER COUNTY.—The term ‘‘disaster 

14 county’’ means— 

15 (A) a county included in the geographic 

16 area covered by a natural disaster declaration; 

17 and 

18 (B) each county contiguous to a county de19 scribed in subparagraph (A). 

20 (3) HURRICANE-AFFECTED COUNTY.—The term 

21 ‘‘hurricane-affected county’’ means— 

22 (A) a county included in the geographic 

23 area covered by a natural disaster declaration 

24 related to Hurricane Katrina, Hurricane Rita, 

25 Hurricane Wilma, or a related condition; and 


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1 (B) each county contiguous to a county de2 scribed in subparagraph (A). 

3 (4) INSURABLE COMMODITY.—The term ‘‘insur4 able commodity’’ means an agricultural commodity 

5 (excluding livestock) for which the producers on a 

6 farm are eligible to obtain a policy or plan of insur7 ance under the Federal Crop Insurance Act (7 U.S.C. 

8 1501 et seq.). 

9 (5) LIVESTOCK.—The term ‘‘livestock’’ in10 cludes— 

11 (A) cattle (including dairy cattle); 

12 (B) bison; 

13 (C) sheep; 

14 (D) swine; and 

15 (E) other livestock, as determined by the 

16 Secretary. 

17 (6) NATURAL DISASTER DECLARATION.—The 

18 term ‘‘natural disaster declaration’’ means— 

19 (A) a natural disaster declared by the Sec20 retary— 

21 (i) during calendar year 2005 under 

22 section 321(a) of the Consolidated Farm 

23 and Rural Development Act (7 U.S.C. 

24 1961(a)); or 


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1 (ii) during calendar year 2006 under 

2 that section, but for which a request was 

3 pending as of the date of enactment of this 

4 Act; or 

5 (B) a major disaster or emergency des6 ignated by the President— 

7 (i) during calendar year 2005 under 

8 the Robert T. Stafford Disaster Relief and 

9 Emergency Assistance Act (42 U.S.C. 5121 

10 et seq.); or 

11 (ii) during calendar year 2006 under 

12 that Act, but for which a request was pend13 ing as of the date of enactment of this Act. 

14 (7) NONINSURABLE COMMODITY.—The term 

15 ‘‘noninsurable commodity’’ means a crop for which 

16 the producers on a farm are eligible to obtain assist17 ance under section 196 of the Federal Agriculture Im18 provement and Reform Act of 1996 (7 U.S.C. 7333). 

19 (8) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture. 

21 Subtitle A—Agricultural 

22 Production Losses 

23 SEC. 3011. CROP DISASTER ASSISTANCE. 

24 (a) IN GENERAL.—The Secretary shall use such sums 

25 as are necessary of funds of the Commodity Credit CorporaVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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1 tion to make emergency financial assistance authorized 

2 under this section available to producers on a farm that 

3 have incurred qualifying losses described in subsection (c). 

4 (b) ADMINISTRATION.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Secretary shall make assistance avail7 able under this section in the same manner as pro8 vided under section 815 of the Agriculture, Rural De9 velopment, Food and Drug Administration and Re10 lated Agencies Appropriations Act, 2001 (Public Law 

11 106–387; 114 Stat. 1549A–55), including using the 

12 same loss thresholds for quantity and economic losses 

13 as were used in administering that section, except 

14 that the payment rate shall be 50 percent of the estab15 lished price, instead of 65 percent. 

16 (2) LOSS THRESHOLDS FOR QUALITY LOSSES.— 

17 In the case of a payment for quality loss for a crop 

18 under subsection (c)(2), the loss thresholds for quality 

19 loss for the crop shall be determined under subsection 

20 (d). 

21 (c) QUALIFYING LOSSES.—Assistance under this sec22 tion shall be made available to producers on farms, other 

23 than producers of sugar cane and sugar beets, that incurred 

24 qualifying quantity or quality losses for— 


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1 (1) the 2005 crop due to damaging weather or 

2 any related condition (including losses due to crop 

3 diseases, insects, and delayed harvest), as determined 

4 by the Secretary; and 

5 (2) the 2006 crop due to flooding in California 

6 and Hawaii that occurred prior to the date of enact7 ment of this Act and for which a petition for a dis8 aster designation has been filed with the Secretary 

9 not later than that date. 

10 (d) QUALITY LOSSES.— 

11 (1) IN GENERAL.—Subject to paragraph (3), the 

12 amount of a payment made to producers on a farm 

13 for a quality loss for a crop under subsection (c)(2) 

14 shall be equal to the amount obtained by multi15 plying— 

16 (A) 65 percent of the payment quantity de17 termined under paragraph (2); by 

18 (B) 50 percent of the payment rate deter19 mined under paragraph (3). 

20 (2) PAYMENT QUANTITY.—For the purpose of 

21 paragraph (1)(A), the payment quantity for quality 

22 losses for a crop of a commodity on a farm shall 

23 equal the lesser of— 


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1 (A) the actual production of the crop af2 fected by a quality loss of the commodity on the 

3 farm; or 

4 (B) the quantity of expected production of 

5 the crop affected by a quality loss of the com6 modity on the farm, using the formula used by 

7 the Secretary to determine quantity losses for the 

8 crop of the commodity under subsection (c)(1). 

9 (3) PAYMENTRATE.—For the purpose of para10 graph (1)(B) and in accordance with paragraphs (5) 

11 and (6), the payment rate for quality losses for a crop 

12 of a commodity on a farm shall be equal to the dif13 ference between— 

14 (A) the per unit market value that the units 

15 of the crop affected by the quality loss would 

16 have had if the crop had not suffered a quality 

17 loss; and 

18 (B) the per unit market value of the units 

19 of the crop affected by the quality loss. 

20 (4) ELIGIBILITY.—For producers on a farm to be 

21 eligible to obtain a payment for a quality loss for a 

22 crop under subsection (c)(2), the amount obtained by 

23 multiplying the per unit loss determined under para24 graph (1) by the number of units affected by the qual25 ity loss shall be at least 25 percent of the value that 


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1 all affected production of the crop would have had if 

2 the crop had not suffered a quality loss. 

3 (5) MARKETING CONTRACTS.—In the case of any 

4 production of a commodity that is sold pursuant to 

5 1 or more marketing contracts (regardless of whether 

6 the contract is entered into by the producers on the 

7 farm before or after harvest) and for which appro8 priate documentation exists, the quantity designated 

9 in the contracts shall be eligible for quality loss assist10 ance based on the 1 or more prices specified in the 

11 contracts. 

12 (6) OTHER PRODUCTION.—For any additional 

13 production of a commodity for which a marketing 

14 contract does not exist or for which production con15 tinues to be owned by the producer, quality losses 

16 shall be based on the average local market discounts 

17 for reduced quality, as determined by the appropriate 

18 State committee of the Farm Service Agency. 

19 (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 

20 The appropriate State committee of the Farm Service 

21 Agency shall identify the appropriate quality adjust22 ment and discount factors to be considered in car23 rying out this subsection, including— 

24 (A) the average local discounts actually ap25 plied to a crop; and 


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1 (B) the discount schedules applied to loans 

2 made by the Farm Service Agency or crop insur3 ance coverage under the Federal Crop Insurance 

4 Act (7 U.S.C. 1501 et seq.). 

5 (8) ELIGIBLE PRODUCTION.—The Secretary shall 

6 carry out this subsection in a fair and equitable man7 ner for all eligible production, including the produc8 tion of fruits and vegetables, other specialty crops, 

9 and field crops. 

10 (e) ELIGIBILITY FOR ASSISTANCE.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the producers on a farm shall not be eligi13 ble for assistance under this section with respect to 

14 losses to an insurable commodity or noninsurable 

15 commodity if the producers on the farm— 

16 (A) in the case of an insurable commodity, 

17 did not obtain a policy or plan of insurance for 

18 the insurable commodity under the Federal Crop 

19 Insurance Act (7 U.S.C. 1501 et seq.) for the 

20 crop incurring the losses; 

21 (B) in the case of a noninsurable com22 modity, did not file the required paperwork, and 

23 pay the administrative fee by the applicable 

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1 culture Improvement and Reform Act of 1996 (7 

2 U.S.C. 7333) for the crop incurring the losses; 

3 (C) had average adjusted gross income (as 

4 defined by section 1001D(a) of the Food Security 

5 Act of 1985 (7 U.S.C. 1308–3a(a)), of greater 

6 than $2,500,000 in 2004; or 

7 (D) were not in compliance with highly 

8 erodible land conservation and wetland conserva9 tion provisions. 

10 (2) CONTRACT WAIVER.—The Secretary may 

11 waive paragraph (1) with respect to the producers on 

12 a farm if the producers enter into a contract with the 

13 Secretary under which the producers agree— 

14 (A) in the case of an insurable commodity, 

15 to obtain a policy or plan of insurance under the 

16 Federal Crop Insurance Act (7 U.S.C. 1501 et 

17 seq.) providing additional coverage for the insur18 able commodity for each of the next 2 crops, at 

19 a coverage level that provides— 

20 (i) not less than 65 percent of the ac21 tual production history for the crop pro22 duced on the farm; and 

23 (ii) 100 percent of the expected market 

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1 mined by the Federal Crop Insurance Cor2 poration); and 

3 (B) in the case of a noninsurable com4 modity, to file the required paperwork and pay 

5 the administrative fee by the applicable State fil6 ing deadline, for the noninsurable commodity for 

7 each of the next 2 crops under section 196 of the 

8 Federal Agriculture Improvement and Reform 

9 Act of 1996 (7 U.S.C. 7333). 

10 (3) EFFECTOF VIOLATION.—In the event of the 

11 violation of a contract under paragraph (2) by a pro12 ducer, the producer shall reimburse the Secretary for 

13 the full amount of the assistance provided to the pro14 ducer under this section. 

15 (f) TIMING.— 

16 (1) IN GENERAL.—Subject to paragraph (2), the 

17 Secretary shall make payments to producers on a 

18 farm for a crop under this section not later than 60 

19 days after the date the producers on the farm submit 

20 to the Secretary a completed application for the pay21 ments. 

22 (2) INTEREST.—If the Secretary does not make 

23 payments to the producers on a farm by the date de24 scribed in paragraph (1), the Secretary shall pay to 

25 the producers on a farm interest on the payments at 


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1 a rate equal to the current (as of the sign-up deadline 

2 established by the Secretary) market yield on out3 standing, marketable obligations of the United States 

4 with maturities of 30 years. 

5 SEC. 3012. LIVESTOCK ASSISTANCE. 

6 (a) LIVESTOCK COMPENSATION PROGRAM.— 

7 (1) USE OF COMMODITY CREDIT CORPORATION

8 FUNDS.—Effective beginning on the date of enactment 

9 of this Act, the Secretary shall use funds of the Com10 modity Credit Corporation to carry out the 2002 

11 Livestock Compensation Program announced by the 

12 Secretary on October 10, 2002 (67 Fed. Reg. 63070), 

13 to provide compensation for livestock losses during 

14 calendar years 2005 and 2006 for losses that occurred 

15 prior to the date of enactment of this Act (including 

16 wildfire disaster losses in the State of Texas and other 

17 States) due to a disaster, as determined by the Sec18 retary, except that the payment rate shall be 75 per19 cent of the payment rate established for the 2002 

20 Livestock Compensation Program. 

21 (2) ELIGIBLE APPLICANTS.—In carrying out the 

22 program described in paragraph (1), the Secretary 

23 shall provide assistance to any applicant that— 

24 (A)(i) conducts a livestock operation that is 

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1 plicant conducting a livestock operation with eli2 gible livestock (within the meaning of the live3 stock assistance program under section 101(b) of 

4 division B of Public Law 108–324 (118 Stat. 

5 1234)); or 

6 (ii) produces an animal described in section 

7 10806(a)(1) of the Farm Security and Rural In8 vestment Act of 2002 (21 U.S.C. 321d(a)(1)); 

9 and 

10 (B) meets all other eligibility requirements 

11 established by the Secretary for the program. 

12 (3) MITIGATION.—In determining the eligibility 

13 for or amount of payments for which a producer is 

14 eligible under the livestock compensation program, the 

15 Secretary shall not penalize a producer that takes ac16 tions (recognizing disaster conditions) that reduce the 

17 average number of livestock the producer owned for 

18 grazing during the production year for which assist19 ance is being provided. 

20 (4) LIMITATION.—The Secretary shall ensure, to 

21 the maximum extent practicable, that no producer on 

22 a farm receives duplicative payments under this sub23 section and another Federal program with respect to 

24 any loss. 

25 (b) LIVESTOCK INDEMNITY PAYMENTS.— 


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1 (1) IN GENERAL.—The Secretary shall use such 

2 sums as are necessary of funds of the Commodity 

3 Credit Corporation to make livestock indemnity pay4 ments to producers on farms that have incurred live5 stock losses during calendar years 2005 and 2006 for 

6 losses that occurred prior to the date of enactment of 

7 this Act (including wildfire disaster losses in the 

8 State of Texas and other States) due to a disaster, as 

9 determined by the Secretary, including losses due to 

10 hurricanes, floods, anthrax, and wildfires. 

11 (2) PAYMENTRATES.—Indemnity payments to a 

12 producer on a farm under paragraph (1) shall be 

13 made at a rate of not less than 30 percent of the mar14 ket value of the applicable livestock on the day before 

15 the date of death of the livestock, as determined by the 

16 Secretary. 

17 (c) LIVESTOCK INDEMNITY PROGRAM FOR CONTRACT

18 GROWERS.— 

19 (1) IN GENERAL.—Subject to subsection (d), the 

20 Secretary shall use funds of the Commodity Credit 

21 Corporation to establish a program to assist poultry 

22 producers in hurricane-affected counties that suffered 

23 income losses. 

24 (2) TERMS AND CONDITIONS.—The program es25 tablished under paragraph (1) shall contain similar 


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1 terms and conditions as the terms and conditions 

2 used for the livestock indemnity program for contract 

3 growers described in subpart E of chapter XIV of title 

4 7, Code of Federal Regulations (as in effect on Janu5 ary 1, 2002). 

6 (d) EWE LAMB REPLACEMENTAND RETENTION.— 

7 (1) IN GENERAL.—The Secretary shall use 

8 $15,000,000 of funds of the Commodity Credit Cor9 poration to make payments under the Ewe Lamb Re10 placement and Retention Payment Program under 

11 part 784 of title 7, Code of Federal Regulations (or 

12 a successor regulation) for each qualifying ewe lamb 

13 retained or purchased during the period beginning on 

14 January 1, 2006, and ending on December 31, 2006. 

15 (2) INELIGIBILITY FOR OTHER ASSISTANCE.—A 

16 producer that receives assistance under this subsection 

17 shall not be eligible to receive assistance under sub18 section (a). 

19 (e) LIMITON AMOUNTOF ASSISTANCE.—The Sec20 retary shall ensure, to the maximum extent practicable, that 

21 no producer on a farm receives duplicative payments under 

22 this section and any other Federal program for the same 

23 loss. 


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1 SEC. 3013. FLOODED CROP AND GRAZING LAND. 

2 (a) IN GENERAL.—The Secretary shall compensate eli3 gible owners of flooded crop and grazing land in— 

4 (1) the Devils Lake basin; and 

5 (2) the McHugh, Lake Laretta, and Rose Lake 

6 closed drainage areas of the State of North Dakota. 

7 (b) ELIGIBILITY.— 

8 (1) IN GENERAL.—To be eligible to receive com9 pensation under this section, an owner shall own land 

10 described in subsection (a) that, during the 2 crop 

11 years preceding receipt of compensation, was rendered 

12 incapable of use for the production of an agricultural 

13 commodity or for grazing purposes (in a manner con14 sistent with the historical use of the land) as the re15 sult of flooding, as determined by the Secretary. 

16 (2) INCLUSIONS.—Land described in paragraph 

17 (1) shall include— 

18 (A) land that has been flooded; 

19 (B) land that has been rendered inaccessible 

20 due to flooding; and 

21 (C) a reasonable buffer strip adjoining the 

22 flooded land, as determined by the Secretary. 

23 (3) ADMINISTRATION.—The Secretary may estab24 lish— 


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1 (A) reasonable minimum acreage levels for 

2 individual parcels of land for which owners may 

3 receive compensation under this section; and 

4 (B) the location and area of adjoining 

5 flooded land for which owners may receive com6 pensation under this section. 

7 (c) SIGN-UP.—The Secretary shall establish a sign-up 

8 program for eligible owners to apply for compensation from 

9 the Secretary under this section. 

10 (d) COMPENSATION PAYMENTS.— 

11 (1) IN GENERAL.—Subject to paragraphs (2) and 

12 (3), the rate of an annual compensation payment 

13 under this section shall be equal to 90 percent of the 

14 average annual per acre rental payment rate (at the 

15 time of entry into the contract) for comparable crop 

16 or grazing land that has not been flooded and re17 mains in production in the county where the flooded 

18 land is located, as determined by the Secretary. 

19 (2) REDUCTION.—An annual compensation pay20 ment under this section shall be reduced by the 

21 amount of any conservation program rental payments 

22 or Federal agricultural commodity program pay23 ments received by the owner for the land during any 

24 crop year for which compensation is received under 

25 this section. 


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1 (3) EXCLUSION.—During any year in which an 

2 owner receives compensation for flooded land under 

3 this section, the owner shall not be eligible to partici4 pate in or receive benefits for the flooded land 

5 under— 

6 (A) the Federal crop insurance program es7 tablished under the Federal Crop Insurance Act 

8 (7 U.S.C. 1501 et seq.); 

9 (B) the noninsured crop assistance program 

10 established under section 196 of the Federal Ag11 riculture Improvement and Reform Act of 1996 

12 (7 U.S.C. 7333); or 

13 (C) any Federal agricultural crop disaster 

14 assistance program. 

15 (e) RELATIONSHIP TO AGRICULTURAL COMMODITY

16 PROGRAMS.—The Secretary, by regulation, shall provide 

17 for the preservation of cropland base, allotment history, and 

18 payment yields applicable to land described in subsection 

19 (a) that was rendered incapable of use for the production 

20 of an agricultural commodity or for grazing purposes as 

21 the result of flooding. 

22 (f) USE OF LAND.— 

23 (1) IN GENERAL.—An owner that receives com24 pensation under this section for flooded land shall 

25 take such actions as are necessary to not degrade any 


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1 wildlife habitat on the land that has naturally devel2 oped as a result of the flooding. 

3 (2) RECREATIONAL ACTIVITIES.—To encourage 

4 owners that receive compensation for flooded land to 

5 allow public access to and use of the land for rec6 reational activities, as determined by the Secretary, 

7 the Secretary may— 

8 (A) offer an eligible owner additional com9 pensation; and 

10 (B) provide compensation for additional 

11 acreage under this section. 

12 (g) FUNDING.— 

13 (1) IN GENERAL.—The Secretary shall use 

14 $6,000,000 of funds of the Commodity Credit Cor15 poration to carry out this section. 

16 (2) PRO-RATED PAYMENTS.—In a case in which 

17 the amount made available under paragraph (1) for 

18 a fiscal year is insufficient to compensate all eligible 

19 owners under this section, the Secretary shall pro-rate 

20 payments for that fiscal year on a per acre basis. 

21 SEC. 3014. SUGARCANE AND SUGAR BEET DISASTER ASSIST22 ANCE. 

23 (a) FLORIDA.—The Secretary of Agriculture shall use 

24 $120,000,000 of funds of the Commodity Credit Corporation 

25 to make payments to processors in Florida that are eligible 


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1 to obtain a loan under section 156(a) of the Federal Agri2 culture Improvement and Reform Act of 1996 (7 U.S.C. 

3 7272(a)) to compensate first processors and producers for 

4 crop and other losses in hurricane-affected counties that are 

5 related to hurricanes, tropical storms, excessive rains, 

6 floods, and wind in Florida during calendar year 2005, by 

7 an agreement on the same terms and conditions, to the max8 imum extent practicable, as the payments made under sec9 tion 102 of the Emergency Supplemental Appropriations 

10 for Hurricane Disasters Assistance Act of 2005 (Public Law 

11 108–324; 118 Stat. 1235), including that the 2005 base pro12 duction of each harvesting unit shall be determined using 

13 the same base year crop production history that was used 

14 pursuant to the agreement under that section. 

15 (b) LOUISIANA.— 

16 (1) COMPENSATION FOR LOSSES.—The Secretary 

17 shall use the funds, facilities, and authorities of the 

18 Commodity Credit Corporation to make $120,000,000 

19 in payments to first processors of sugarcane that op20 erate in a disaster county in Louisiana, or obtain 

21 sugarcane from a disaster county in Louisiana, and 

22 that are eligible to obtain a loan under section 156(a) 

23 of the Federal Agriculture Improvement and Reform 

24 Act of 1996 (7 U.S.C. 7272(a)), to compensate the 

25 producers and first processors for crop and other 


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1 losses due to Hurricane Katrina, Hurricane Rita, or 

2 related conditions. 

3 (2) ADMINISTRATION.—Assistance under this 

4 subsection shall be— 

5 (A) shared by an affected first processor 

6 with affected producers that provide commodities 

7 to the processor in a manner that reflects con8 tracts entered into between the processor and the 

9 producers, except with respect to a portion of the 

10 amount of total assistance described under para11 graph (1) necessary to compensate affected pro12 ducers for individual losses experienced by the 

13 producers, including losses due to saltwater in14 trusion, flooding, wind damage, or increased 

15 planting, replanting, or harvesting costs, which 

16 shall be transferred by the first processor to the 

17 affected producers without regard to contractual 

18 share arrangements; and 

19 (B) made available under such terms and 

20 conditions as the Secretary determines are nec21 essary to carry out this subsection. 

22 (3) LOSS DETERMINATION.—In carrying out this 

23 subsection, the Secretary shall use the same base year 

24 to determine crop loss that was elected by a producer 

25 to determine crop loss in carrying out the hurricane 


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1 assistance program under section 207 of the Agricul2 tural Assistance Act of 2003 (Public Law 108–7; 117 

3 Stat. 543). 

4 (c) FUNDING.—The Secretary shall use $40,000,000 of 

5 funds of the Commodity Credit Corporation to provide as6 sistance to sugar beet producers that suffered production 

7 losses (including quality losses) for the 2005 crop year. 

8 (d) REQUIREMENT.—The Secretary shall make pay9 ments under subsection (c) in the same manner as pay10 ments were made under section 208 of the Agricultural As11 sistance Act of 2003 (Public Law 108–7; 117 Stat. 544), 

12 including using the same indemnity benefits as were used 

13 in carrying out that section. 

14 (e) TEXAS.—The Secretary shall use $400,000 of funds 

15 of the Commodity Credit Corporation to assist sugarcane 

16 growers in Texas by making a payment in that amount 

17 to the Rio Grande Valley Sugar Growers, a farmer-owned 

18 cooperative sugarcane processor in that State, for addi19 tional demurrage costs at the Port of Baton Rouge and ad20 ditional storage and transportation costs of raw sugar re21 sulting from hurricanes during calendar year 2005, exces22 sive rains, floods, wind, and other related conditions. 

23 (f) HAWAII.—The Secretary shall use $6,000,000 of 

24 funds of the Commodity Credit Corporation to assist sugar25 cane growers in Hawaii by making a payment in that 


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1 amount to an agricultural transportation cooperative in 

2 Hawaii, the members of which are eligible to receive mar3 keting assistance loans and loan deficiency payments made 

4 available under subtitle B of title I of the Farm Security 

5 and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.). 

6 (g) LIMITON AMOUNTOF ASSISTANCE.—The Sec7 retary shall ensure, to the maximum extent practicable, that 

8 no producer on a farm receives duplicative payments under 

9 this section and any other Federal program for the same 

10 loss. 

11 SEC. 3015. SPECIALTY CROPS AND NURSERY CROPS. 

12 (a) IN GENERAL.—The Secretary shall use funds of the 

13 Commodity Credit Corporation to provide assistance to 

14 producers of specialty crops and nursery crops in hurri15 cane-affected counties. 

16 (b) ADMINISTRATION.— 

17 (1) IN GENERAL.—Assistance required by sub18 section (a) shall be carried out by the Secretary under 

19 the same terms and conditions as the special disaster 

20 relief programs carried out for producers that suffered 

21 from crop damage and tree losses, and carried out re22 lated cleanup, in certain areas of Florida due to Hur23 ricanes Charley, Frances, and Jeanne during August 

24 and September 2004, as described in the notice of pro25 gram implementation relating to Florida citrus, fruit, 


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1 vegetable, and nursery crop disaster programs (69 

2 Fed. Reg. 63134 (October 29, 2004)). 

3 (2) LOSS OF RECORDS.—Due to the complete de4 struction of the business records of many producers, 

5 the Secretary shall use the best available information 

6 in determining eligibility, determining losses, and 

7 calculating payment amounts under this section. 

8 (c) LIMITON AMOUNTOF ASSISTANCE.—The Sec9 retary shall ensure, to the maximum extent practicable, that 

10 no producer on a farm receives duplicative payments under 

11 this section and any other Federal program for the same 

12 loss. 

13 SEC. 3016. DAIRY ASSISTANCE. 

14 The Secretary shall use $25,000,000 of the funds of the 

15 Commodity Credit Corporation to make payments to dairy 

16 producers for dairy production losses and dairy spoilage 

17 losses in hurricane-affected counties. 

18 SEC. 3017. COTTONSEED. 

19 (a) DISTRIBUTION OF FUNDS.—The Secretary shall 

20 provide disaster assistance under subsection (c) under the 

21 same terms and conditions as assistance provided under 

22 section 206 of the Agricultural Assistance Act of 2003 (Pub23 lic Law 108–7; 117 Stat. 543), except that assistance shall 

24 be— 


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1 (1) distributed to producers and first handlers of 

2 cottonseed; and 

3 (2) based on cottonseed production during the 

4 most recent year for which a disaster payment spe5 cifically for cottonseed was not authorized. 

6 (b) COTTONSEED ASSISTANCE.—The Secretary shall 

7 use $15,000,000 of the funds of the Commodity Credit Cor8 poration to provide assistance to producers and first-han9 dlers of the 2005 crop of cottonseed in hurricane-affected 

10 counties. 

11 SEC. 3018. REDUCTION IN PAYMENTS. 

12 The amount of any payment for which a producer is 

13 eligible under this subtitle shall be reduced by any amount 

14 received by the producer for the same loss or any similar 

15 loss under— 

16 (1) the Department of Defense, Emergency Sup17 plemental Appropriations to Address Hurricanes in 

18 the Gulf of Mexico, and Pandemic Influenza Act, 

19 2006 (Public Law 109–148; 119 Stat. 2680); or 

20 (2) an agricultural disaster assistance provision 

21 contained in the announcement of the Secretary on 

22 January 26, 2006. 


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1 Subtitle B—Supplemental Nutrition 

2 and Agricultural Economic Dis3 aster Assistance 

4 SEC. 3021. REPLENISHMENT OF SECTION 32. 

5 (a) DEFINITION OF SPECIALTY CROP.—In this section: 

6 (1) IN GENERAL.—The term ‘‘specialty crop’’ 

7 means any agricultural crop. 

8 (2) EXCEPTION.—The term ‘‘specialty crop’’ does 

9 not include— 

10 (A) wheat; 

11 (B) feed grains; 

12 (C) oilseeds; 

13 (D) cotton; 

14 (E) rice; or 

15 (F) peanuts. 

16 (b) BASE STATE GRANTS.— 

17 (1) IN GENERAL.—The Secretary shall use 

18 $25,500,000 of funds of the Commodity Credit Cor19 poration to make grants to the several States, the Dis20 trict of Columbia, and the Commonwealth of Puerto 

21 Rico to be used to support activities that promote ag22 riculture. 

23 (2) AMOUNTS.—The amount of the grants shall 

24 be— 


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1 (A) $500,000 to each of the several States; 

2 and 

3 (B) $250,000 to each of the Commonwealth 

4 of Puerto Rico and the District of Columbia. 

5 (c) GRANTS FOR VALUE OF PRODUCTION.—The Sec6 retary shall use $74,500,000 of funds of the Commodity 

7 Credit Corporation to make a grant to each of the several 

8 States in an amount equal to the product obtained by mul9 tiplying— 

10 (1) the share of the State of the total value of 

11 specialty crop, livestock, and dairy production of the 

12 United States for the 2004 crop year, as determined 

13 by the Secretary; by 

14 (2) $74,500,000. 

15 (d) SPECIAL CROP AND LIVESTOCK PRIORITY.—As a 

16 condition on the receipt of a grant under this section, a 

17 State shall agree to give priority to the support of specialty 

18 crops and livestock in the use of the grant funds. 

19 (e) USE OF FUNDS.—A State may use funds from a 

20 grant awarded under this section— 

21 (1) to supplement State food bank programs or 

22 other nutrition assistance programs; 

23 (2) to promote the purchase, sale, or consump24 tion of agricultural products; 


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1 (3) to provide economic assistance to agricul2 tural producers, giving a priority to the support of 

3 specialty crops and livestock; or 

4 (4) for other purposes as determined by the Sec5 retary. 

6 SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS. 

7 The Secretary shall make a supplemental economic loss 

8 payment to any producer on a farm that received a direct 

9 payment for crop year 2005 under title I of the Farm Secu10 rity and Rural Investment Act of 2002 (7 U.S.C. 7901 et 

11 seq.) at a rate equal to the product obtained by multi12 plying— 

13 (1) 30 percent of the direct payment rate in ef14 fect for the program crop of the farmer; 

15 (2) 85 percent of the program crop base of the 

16 farmer; and 

17 (3) the program payment yield for each program 

18 crop of the farmer. 

19 SEC. 3023. REDUCTION IN PAYMENTS. 

20 The amount of any payment for which a producer is 

21 eligible under this subtitle shall be reduced by any amount 

22 received by the producer for the same loss or any similar 

23 loss under— 

24 (1) the Department of Defense, Emergency Sup25 plemental Appropriations to Address Hurricanes in 


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1 the Gulf of Mexico, and Pandemic Influenza Act, 

2 2006 (Public Law 109–148; 119 Stat. 2680); or 

3 (2) an agricultural disaster assistance provision 

4 contained in the announcement of the Secretary on 

5 January 26, 2006. 

6 Subtitle C—Forestry 

7 SEC. 3031. TREE ASSISTANCE PROGRAM. 

8 (a) DEFINITION OF TREE.—In this section, the term 

9 ‘‘tree’’ includes a tree (including a Christmas tree, orna10 mental tree, nursery tree, and potted tree), bush (including 

11 a shrub), and vine. 

12 (b) PROGRAM.—Except as otherwise provided in this 

13 section, the Secretary shall use such sums as are necessary 

14 of the funds of the Commodity Credit Corporation to pro15 vide assistance under the tree assistance program estab16 lished under sections 10201 through 10203 of the Farm Se17 curity and Rural Investment Act of 2002 (7 U.S.C. 8201 

18 et seq.) to— 

19 (1) producers who suffered tree losses in hurri20 cane-affected counties; and 

21 (2) fruit and tree nut producers in hurricane-af22 fected counties for site preparation, replacement, re23 habilitation, and pruning. 

24 (c) COSTS.—Funds made available under this section 

25 shall also be made available to cover costs associated with 


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1 tree pruning, tree rehabilitation, and other appropriate 

2 tree-related activities as determined by the Secretary. 

3 (d) LIMITON AMOUNTOF ASSISTANCE.—The Sec4 retary shall ensure, to the maximum extent practicable, that 

5 no producer on a farm receives duplicative payments under 

6 this section and any other Federal program for the same 

7 loss. 

8 Subtitle D—Conservation 

9 SEC. 3041. NATURAL RESOURCES CONSERVATION SERVICE. 

10 (a) AUTHORITY TO CLEAR DEBRIS AND ANIMAL CAR11 CASSES.—Notwithstanding any other provision of law, the 

12 Secretary, acting through the Natural Resources Conserva13 tion Service, using funds made available for the emergency 

14 watershed protection program established under section 403 

15 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203), 

16 may provide financial and technical assistance to remove 

17 and dispose of debris and animal carcasses that could ad18 versely affect health and safety on non-Federal land in a 

19 hurricane-affected county. 

20 (b) AUTHORITY TO USE CERTAIN PRACTICES.—Not21 withstanding any other provision of law, the Secretary, act22 ing through the Natural Resources Conservation Service, 

23 may use direct check-writing practices and electronic trans24 fers to provide financial and technical assistance under the 

25 emergency watershed protection program established under 


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1 section 403 of the Agricultural Credit Act of 1978 (16 

2 U.S.C. 2203) in a hurricane-affected county. 

3 SEC. 3042. EMERGENCY WATERSHED PROTECTION PRO4 GRAM. 

5 The Secretary shall use an additional $108,500,000 of 

6 funds of the Commodity Credit Corporation to carry out 

7 emergency measures identified by the Chief of the Natural 

8 Resources Conservation Service as of the date of enactment 

9 of this Act through the emergency watershed protection pro10 gram established under section 403 of the Agricultural 

11 Credit Act of 1978 (16 U.S.C. 2203). 

12 SEC. 3043. EMERGENCY CONSERVATION PROGRAM. 

13 The Secretary shall use an additional $17,000,000 of 

14 funds of the Commodity Credit Corporation to carry out 

15 emergency measures identified by the Administrator of the 

16 Farm Service Agency as of the date of enactment of this 

17 Act through the emergency conservation program estab18 lished under title IV of the Agricultural Credit Act of 1978 

19 (16 U.S.C. 2201 et seq.). 

20 Subtitle E—Farm Service Agency 

21 SEC. 3051. FUNDING FOR ADDITIONAL PERSONNEL. 

22 The Secretary shall use $23,000,000 of funds of the 

23 Commodity Credit Corporation to hire additional County 

24 Farm Service Agency personnel— 


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1 (1) to expedite the implementation of, and deliv2 ery under, the agricultural disaster and economic as3 sistance programs under this title; and 

4 (2) as the Secretary determines to be necessary 

5 to carry out other agriculture and disaster assistance 

6 programs. 

7 Subtitle F—Miscellaneous 

8 SEC. 3061. AUTHORITY TO PROVIDE IMMUNIZATIONS. 

9 Notwithstanding any other provision of law, the Sec10 retary of Defense may provide immunizations to employees 

11 of the Department of Agriculture involved in direct recovery 

12 work in a hurricane-affected county. 

13 SEC. 3062. WAIVER OF CERTAIN PROVISIONS. 

14 Notwithstanding any other provision of law, the Sec15 retary may provide assistance in a hurricane-affected coun16 ty under the emergency conservation program established 

17 under title IV of the Agricultural Credit Act of 1978 (16 

18 U.S.C. 2201 et seq.) without regard to subtitle C of title 

19 XII of the Food Security Act of 1985 (16 U.S.C. 3821 et 

20 seq.). 

21 SEC. 3063. FUNDING. 

22 The Secretary shall use the funds, facilities, and au23 thorities of the Commodity Credit Corporation to carry out 

24 this title, to remain available until expended. 


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1 SEC. 3064. REGULATIONS. 

2 (a) IN GENERAL.—The Secretary may promulgate 

3 such regulations as are necessary to implement this title. 

4 (b) PROCEDURE.—The promulgation of the regulations 

5 and administration of this title shall be made without re6 gard to— 

7 (1) the notice and comment provisions of section 

8 553 of title 5, United States Code; 

9 (2) the Statement of Policy of the Secretary of 

10 Agriculture effective July 24, 1971 (36 Fed. Reg. 

11 13804), relating to notices of proposed rulemaking 

12 and public participation in rulemaking; and 

13 (3) chapter 35 of title 44, United States Code 

14 (commonly known as the ‘‘Paperwork Reduction 

15 Act’’). 

16 (c) CONGRESSIONAL REVIEW OF AGENCY RULE17 MAKING.—In carrying out this section, the Secretary shall 

18 use the authority provided under section 808 of title 5, 

19 United States Code. 

20 Subtitle G—Emergency Designation 

21 SEC. 3071. EMERGENCY DESIGNATION. 

22 The amounts provided under this title are designated 

23 as an emergency requirement pursuant to section 402 of 

24 H. Con. Res. 95 (109th Congress), the concurrent resolution 

25 on the budget for fiscal year 2006. 


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1 TITLE IV 

2 DROUGHT EMERGENCY ASSISTANCE 

3 SEC. 4001. CORPS OF ENGINEERS. 

4 In addition to any other funds made available by this 

5 Act, there is appropriated for ‘‘Department of Defense-Civil, 

6 Department of the Army, Corps of Engineer-Civil, Flood 

7 Control and Coastal Emergencies’’, as authorized by section 

8 5 of the Act of August 18, 1941 (33 U.S.C. 701n), 

9 $5,000,000, to remain available until expended, to be used 

10 by the Secretary of the Army, acting through the Chief of 

11 Engineers, for emergency drought assistance. 

12 SEC. 4002. BUREAU OF RECLAMATION. 

13 In addition to any other funds made available by this 

14 Act, there is appropriated for ‘‘Department of the Interior, 

15 Bureau of Reclamation, Water and Related Resources’’, 

16 $7,500,000, to remain available until expended, for drought 

17 emergency assistance. 

18 SEC. 4003. EMERGENCY DESIGNATION. 

19 The amounts provided under this title are designated 

20 as an emergency requirement pursuant to section 402 of 

21 H. Con. Res. 95 (109th Congress), the concurrent resolution 

22 on the budget for fiscal year 2006. 


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1 TITLE V 

2 PORT SECURITY ENHANCEMENTS 

3 CUSTOMS AND BORDER PROTECTION 

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $266,050,000, to remain available until expended. 

7 UNITED STATES COAST GUARD 

8 OPERATING EXPENSES

9 For an additional amount for ‘‘Operating Expenses’’, 

10 $23,000,000, to remain available until expended. 

11 OFFICE FOR DOMESTIC PREPAREDNESS 

12 STATE AND LOCAL PROGRAMS

13 For an additional amount for ‘‘State and Local Pro14 grams’’, $227,000,000: Provided, That the entire amount 

15 shall be for port security grants pursuant to the purposes 

16 of 46 United States Code 70107 (a) through (h), which shall 

17 be awarded based on risk and threat notwithstanding sub18 section (a), for eligible costs as defined in subsections 

19 (b)(2)–(4). 

20 SCIENCE AND TECHNOLOGY 

21 RESEARCH, DEVELOPMENT, ACQUISITION, AND

22 OPERATIONS

23 For an additional amount for ‘‘Research, Develop24 ment, Acquisition, and Operations’’ for the Domestic Nu25 clear Detection Office, $132,000,000, to remain available 


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1 until expended for the purchase and deployment of radi2 ation portal monitors for United States seaports. 

3 TITLE VI 

4 PANDEMIC FLU 

5 DEPARTMENT OF HEALTH AND HUMAN 

6 SERVICES 

7 OFFICE OF THE SECRETARY

8 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

9 For an additional amount for ‘‘Public Health and So10 cial Services Emergency Fund’’ to prepare for and respond 

11 to an influenza pandemic, including international activi12 ties and activities in foreign countries, preparedness plan13 ning, enhancing the pandemic influenza regulatory science 

14 base, accelerating pandemic influenza disease surveillance, 

15 developing registries to monitor influenza vaccine distribu16 tion and use, supporting pandemic influenza research, clin17 ical trials and clinical trials infrastructure, and the devel18 opment and purchase of vaccines, antivirals, and necessary 

19 medical supplies, $2,300,000,000, to remain available until 

20 expended: Provided, That $300,000,000 shall be for upgrad21 ing State and local capacity, $50,000,000 shall be for lab22 oratory capacity and research at the Centers for Disease 

23 Control and Prevention, $5,000,000 shall be for the Smith24 sonian Institution to carry out domestic disease surveil25 lance, and at least $200,000,000 shall be for the Centers 


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1 for Disease Control and Prevention to carry out global and 

2 domestic disease surveillance, laboratory capacity and re3 search, laboratory diagnostics, risk communication, rapid 

4 response and quarantine: Provided further, That products 

5 purchased with these funds may, at the discretion of the 

6 Secretary, be deposited in the Strategic National Stockpile: 

7 Provided further, That notwithstanding section 496(b) of 

8 the Public Health Service Act, funds may be used for the 

9 construction or renovation of privately owned facilities for 

10 the production of pandemic influenza vaccines and other 

11 biologicals, where the Secretary finds such a contract nec12 essary to secure sufficient supplies of such vaccines or 

13 biologicals: Provided further, That the Secretary may nego14 tiate a contract with a vendor under which a State may 

15 place an order with the vendor for antivirals; may reim16 burse a State for a portion of the price paid by the State 

17 pursuant to such an order; and may use amounts made 

18 available herein for such reimbursement: Provided further, 

19 That funds appropriated herein and not specifically des20 ignated under this heading may be transferred to other ap21 propriation accounts of the Department of Health and 

22 Human Services, as determined by the Secretary to be ap23 propriate, to be used for the purposes specified in this sen24 tence: Provided further, That the amounts provided under 

25 this heading are 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 FUNDING FOR PANDEMIC INFLUENZA VACCINE INJURY

5 COMPENSATION

6 SEC. 6001. For an additional amount to the ‘‘Public 

7 Health and Social Services Emergency Fund’’ to com8 pensate individuals harmed by pandemic influenza vac9 cines, $289,000,000: Provided, That the amounts provided 

10 for under this section shall be designated as an emergency 

11 requirement pursuant to section 402 of H. Con. Res. 95 

12 (109th Congress). 

13 TITLE VII—BORDER SECURITY 

14 EMERGENCY SUPPLEMENTAL APPROPRIATIONS 

15 FOR BORDER SECURITY 

16 DEPARTMENT OF HOMELAND SECURITY

17 OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

18 For an additional amount for the ‘‘Office of the Sec19 retary and Executive Management’’ to provide funds for the 

20 Office of Policy, $2,000,000: Provided, That the entire 

21 amount is solely for a contract with an independent non22 Federal entity to conduct a needs assessment for comprehen23 sive border security: Provided further, That the entire 

24 amount is designated as an emergency requirement pursu25 ant to section 402 of H. Con. Res. 95 (109th Congress), the 

26 concurrent resolution on the budget for fiscal year 2006. 


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1 OFFICE OF THE CHIEF INFORMATION OFFICER

2 For an additional amount for the ‘‘Office of the Chief 

3 Information Officer’’ to replace and upgrade law enforce4 ment communications, $50,000,000, to remain available 

5 until expended: Provided, That the entire amount is des6 ignated as an emergency requirement pursuant to section 

7 402 of H. Con. Res. 95 (109th Congress), the concurrent 

8 resolution on the budget for fiscal year 2006. 

9 UNITED STATES VISITOR AND IMMIGRATION STATUS

10 INDICATOR TECHNOLOGY

11 For an additional amount for ‘‘United States Visitor 

12 and Immigration Status Indicator Technology’’ to accel13 erate biometric database integration and conversion to 10– 

14 print enrollment, $60,000,000, to remain available until ex15 pended: Provided, That none of the additional appropria16 tions made available under this heading may be obligated 

17 until the Committees on Appropriations of the Senate and 

18 the House of Representatives receive and approve a plan 

19 for the expenditure of such funds: Provided further, That 

20 the entire amount is designated as an emergency require21 ment pursuant to section 402 of H. Con. Res. 95 (109th 

22 Congress), the concurrent resolution on the budget for fiscal 

23 year 2006. 


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1 CUSTOMS AND BORDER PROTECTION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $180,000,000, of which $80,000,000 is for border 

5 patrol vehicle replacement and $100,000,000 is for sensor 

6 and surveillance technology: Provided, That none of the ad7 ditional appropriations made available under this heading 

8 may be obligated until the Committees on Appropriations 

9 of the Senate and the House of Representatives receive and 

10 approve a plan for expenditure of these funds: Provided fur11 ther, That the entire amount is designated as an emergency 

12 requirement pursuant to section 402 of H. Con. Res. 95 

13 (109th Congress), the concurrent resolution on the budget 

14 for fiscal year 2006. 

15 AIR AND MARINE INTERDICTION, OPERATIONS, 

16 MAINTENANCE, AND PROCUREMENT

17 For an additional amount for ‘‘Air and Marine Inter18 diction, Operations, Maintenance, and Procurement’’ to re19 place air assets and upgrade air operations facilities, 

20 $790,000,000, to remain available until expended, of which 

21 $40,000,000 is for helicopter replacement and $750,000,000 

22 is for recapitalization of air assets: Provided, That none 

23 of the additional appropriations made available under this 

24 heading may be obligated until the Committees on Appro25 priations of the Senate and the House of Representatives 

26 receive and approve an expenditure plan for the complete 


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1 recapitalization of Customs and Border Protection air as2 sets and facilities: Provided further, That the entire amount 

3 is designated as an emergency requirement pursuant to sec4 tion 402 of H. Con. Res. 95 (109th Congress), the concur5 rent resolution on the budget for fiscal year 2006. 

6 CONSTRUCTION

7 For an additional amount for ‘‘Construction’’, 

8 $120,000,000, to remain available until expended: Pro9 vided, That none of the additional appropriations made 

10 available under this heading may be obligated until the 

11 Committees on Appropriations of the Senate and the House 

12 of Representatives receive and approve a plan for expendi13 ture for these funds: Provided further, That the entire 

14 amount 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 IMMIGRATION AND CUSTOMS ENFORCEMENT

18 SALARIES AND EXPENSES

19 For an additional amount for ‘‘Salaries and Ex20 penses’’ to replace vehicles, $80,000,000: Provided, That the 

21 entire amount is designated as an emergency requirement 

22 pursuant to section 402 of H. Con. Res. 95 (109th Con23 gress), the concurrent resolution on the budget for fiscal year 

24 2006. 


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1 UNITED STATES COAST GUARD

2 ACQUISITION, CONSTRUCTION AND IMPROVEMENTS

3 For an additional amount for ‘‘Acquisition, Construc4 tion, and Improvements’’ for acquisition, construction, ren5 ovation, and improvement of vessels, aircraft, and equip6 ment, $600,000,000, to remain available until expended: 

7 Provided, That the entire amount is designated as an emer8 gency requirement pursuant to section 402 of H. Con. Res. 

9 95 (109th Congress), the concurrent resolution on the budget 

10 for fiscal year 2006. 

11 FEDERAL LAW ENFORCEMENT TRAINING CENTER

12 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

13 RELATED EXPENSES

14 For an additional amount for ‘‘Acquisition, Construc15 tion, Improvements, and Related Expenses’’ for construc16 tion of the language training facility referenced in the Mas17 ter Plan and information technology infrastructure im18 provements, $18,000,000, to remain available until ex19 pended: Provided, That the entire amount 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 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 availVerDate Aug 31 2005 23:06 May 10, 2006 Jkt 049200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6203 E:\BILLS\H4939.PP H4939

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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 

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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 ELEMENTOF 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 POINTHURRICANE 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 POINTHURRICANE 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’’. 

Passed the House of Representatives March 16, 

2006. 

Attest: KAREN L. HAAS, 

Clerk. 

Passed the Senate May 4, 2006. 

Attest: EMILY J. REYNOLDS, 

Secretary. 


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