In the Senate of the United States,
May 4, 2006.
Resolved, That the bill from the House of Representa-
tives (H.R. 4939) entitled ‘‘An Act making emergency sup-
plemental appropriations for the fiscal year ending September
30, 2006, and for other purposes.’’, do pass with the fol-
lowing
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2006, and for other pur-
poses, namely:
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TITLE I
GLOBAL WAR ON TERROR SUPPLEMENTAL
APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
PUBLIC LAW 480 TITLE II GRANTS
For an additional amount for ‘‘Public Law 480 Title
II Grants’’, during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $350,000,000, to remain available until expended: Pro-
vided, That from this amount, to the maximum extent pos-
sible, funding shall be used to support the previously ap-
proved fiscal year 2006 programs under section 204(a)(2)
of the Agricultural Trade Development and Assistance Act
of 1954: Provided further, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Con-
gress), the concurrent resolution on the budget for fiscal year
2006.
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CHAPTER 2
DEPARTMENT OF JUSTICE
LEGAL ACTIVITIES
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Ex-
penses’’, $3,000,000, to remain available until September
30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $1,500,000, to remain available until September
30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $82,000,000, to remain available until September
30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursu-
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ant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $5,000,000, to remain available until September
30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $4,000,000, to remain available until September
30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Con-
sular Programs’’, $1,452,600,000, to remain available until
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September 30, 2007: Provided, That of the funds available
under this heading, not less than $250,000 shall be made
available for the establishment and adequate support, in-
cluding staffing and travel, of the Office of the Presidential
Special Envoy for Sudan, with a mandate that shall in-
clude pursuing, in conjunction with the African Union and
other international actors, a sustainable peace settlement to
end the genocide in Darfur, Sudan, assisting the parties
to the Comprehensive Peace Agreement for Sudan with im-
plementation of the Agreement, coordinating policy, making
recommendations, and pursuing efforts related to conflict
resolution to bring lasting stability to all areas of Sudan
and the region, including northern Uganda and Chad, fa-
cilitating, in cooperation with the people of Darfur and the
African Union, a dialogue within Darfur to promote con-
flict resolution and reconciliation at the grass roots level,
and developing a common policy approach among inter-
national partners to address such issues: Provided further,
That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
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OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Office of Inspector
General’’, $25,300,000, to remain available until September
30, 2007, of which $24,000,000 shall be transferred to the
Special Inspector General for Iraq Reconstruction: Pro-
vided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to sec-
tion 402 of H. Con. Res. 95 (109th Congress), the concur-
rent resolution on the budget for fiscal year 2006.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ‘‘Educational and Cul-
tural Exchange Programs’’, $5,000,000, to remain available
until expended: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Con-
gress), the concurrent resolution on the budget for fiscal year
2006.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
For an additional amount for ‘‘Contributions for
International Peacekeeping Activities’’, $129,800,000, to re-
main available until September 30, 2007: Provided, That
the amount provided under this heading is designated as
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an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broad-
casting Operations’’ for programs and activities promoting
democracy in Iran, $30,250,000, to remain available until
expended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
GENERAL PROVISION—THIS CHAPTER
DIPLOMATIC AND CONSULAR PROGRAMS—LIMITATION
SEC. 1201. Notwithstanding any other provision of
this Act, the amount provided for ‘‘Diplomatic and Con-
sular Programs’’ shall be $1,392,600,000.
AUTHORIZATION OF FUNDS
SEC. 1202. Funds appropriated or made available by
transfer in this chapter may be obligated and expended not-
withstanding section 15 of the State Department Basic Au-
thorities Act of 1956, section 10 of Public Law 91–672 (22
U.S.C. 2412), section 504(a)(1) of the National Security Act
of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the For-
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eign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103–236).
SEC. 1203. DEPARTMENT OF STATE AND USAID AU-
THORITIES. (a) WAIVER OF ANNUITY LIMITATIONS ON RE-
EMPLOYED
FOREIGN
SERVICE
ANNUITANTS.—Section
824(g) of the Foreign Service Act of 1980 (22 U.S.C.
4064(g)) is amended to read as follows:
‘‘(g)(1) The Secretary of State may waive the applica-
tion of subsections (a) through (d) on a case-by-case basis
for an annuitant reemployed on a temporary basis, or
grant authority to the head of an Executive agency to waive
the application of subsections (a) through (d) on a case-
by-case basis for an annuitant reemployed on a temporary
basis—
‘‘(A) if, and for so long as, such waiver is nec-
essary due to an emergency involving a direct threat
to life or property or other unusual circumstances; or
‘‘(B) if the annuitant is employed in a position
for which there is exceptional difficulty in recruiting
or retaining a qualified employee.
‘‘(2) The authority of the Secretary to waive the appli-
cation of subsections (a) through (d) for an annuitant pur-
suant to subparagraph (B) of paragraph (1), or to grant
authority to the head of an Executive agency to waive the
application of such subsections to an annuitant under sub-
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paragraphs (A) or (B) of such paragraph, shall terminate
on October 1, 2008. An annuitant reemployed pursuant to
such authority prior to such termination date may be em-
ployed for a period ending not later than one year after
such date.
‘‘(3) The Secretary should prescribe procedures for the
exercise of any authority under paragraph (1), including
criteria for any exercise of authority and procedures for a
delegation of authority.’’.
(b) WAIVER
OF ANNUITY LIMITATIONS
ON REEM-
PLOYED CIVIL SERVICE ANNUITANTS.—
(1) DEPARTMENT OF STATE.—Title I of the De-
partment of State Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the
end the following new section:
‘‘SEC. 61. REEMPLOYMENT OF ANNUITANTS UNDER THE
CIVIL SERVICE RETIREMENT SYSTEM AND
FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.
‘‘(a) AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary of State may
waive the application of the provisions of section
8344 or 8468 of title 5, United States Code, on a
case-by-case basis for employment of an annuitant in
a position in the Department of State for which there
is exceptional difficulty in recruiting or retaining a
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qualified employee, or when a temporary emergency
hiring need exists.
‘‘(2) TERMINATION OF AUTHORITY.—The author-
ity of the Secretary under paragraph (1) shall termi-
nate on October 1, 2008. An annuitant reemployed
pursuant to such authority prior to such termination
date may be employed for a period ending not later
than one year after such date.
‘‘(b) PROCEDURES.—The Secretary should prescribe
procedures for the exercise of any authority under sub-
section (a), including criteria for any exercise of authority
and procedures for a delegation of authority.
‘‘(c) ANNUITANTS NOT TREATED AS EMPLOYEES FOR
PURPOSES OF RETIREMENT BENEFITS.—An employee for
whom a waiver under this section is in effect shall not be
considered an employee for purposes of subchapter III of
chapter 83, or chapter 84 of title 5, United States Code.’’.
(2) UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.—Section 625 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2385) is amended by
adding at the end the following new subsection:
‘‘(j)(1)(A) The Administrator of the United States
Agency for International Development may waive the ap-
plication of the provisions of section 8344 or 8468 of title
5, United States Code, on a case-by-case basis for employ-
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ment of an annuitant in a position in the United States
Agency for International Development for which there is ex-
ceptional difficulty in recruiting or retaining a qualified
employee, or when a temporary emergency hiring need ex-
ists.
‘‘(B) The authority of the Administrator under sub-
paragraph (A) shall terminate on October 1, 2008. An an-
nuitant reemployed pursuant to such authority prior to
such termination date may be employed for a period ending
not later than one year after such date.
‘‘(2) The Administrator should prescribe procedures for
the exercise of any authority under this subsection, includ-
ing criteria for any exercise of authority and procedures
for a delegation of authority.
‘‘(3) An employee for whom a waiver under this sec-
tion is in effect shall not be considered an employee for pur-
poses of subchapter III of chapter 83, or chapter 84 of title
5, United States Code.’’.
(c) REPORT ON USE OF ANNUITY LIMITATION WAIVER
AUTHORITY.—Not later than 1 year after the date of the
enactment of this Act, the Secretary of State shall submit
to the Committee on Foreign Relations and the Committee
on Homeland Security and Government Affairs of the Sen-
ate and the Committee on International Relations and the
Committee on Government Reform of the House of Rep-