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XII of the Food Security Act of 1985 (16 U.S.C. 3821 et
seq.).
SEC. 3063. FUNDING.
The Secretary shall use the funds, facilities, and au-
thorities of the Commodity Credit Corporation to carry out
this title, to remain available until expended.
SEC. 3064. REGULATIONS.
(a) IN GENERAL.—The Secretary may promulgate
such regulations as are necessary to implement this title.
(b) PROCEDURE.—The promulgation of the regulations
and administration of this title shall be made without re-
gard to—
(1) the notice and comment provisions of section
553 of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ‘‘Paperwork Reduction
Act’’).
(c) CONGRESSIONAL
REVIEW
OF
AGENCY
RULE-
MAKING.—In carrying out this section, the Secretary shall
use the authority provided under section 808 of title 5,
United States Code.
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Subtitle G—Emergency Designation
SEC. 3071. EMERGENCY DESIGNATION.
The amounts provided under this title are designated
as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
TITLE IV
DROUGHT EMERGENCY ASSISTANCE
SEC. 4001. CORPS OF ENGINEERS.
In addition to any other funds made available by this
Act, there is appropriated for ‘‘Department of Defense-Civil,
Department of the Army, Corps of Engineer-Civil, Flood
Control and Coastal Emergencies’’, as authorized by section
5 of the Act of August 18, 1941 (33 U.S.C. 701n),
$5,000,000, to remain available until expended, to be used
by the Secretary of the Army, acting through the Chief of
Engineers, for emergency drought assistance.
SEC. 4002. BUREAU OF RECLAMATION.
In addition to any other funds made available by this
Act, there is appropriated for ‘‘Department of the Interior,
Bureau of Reclamation, Water and Related Resources’’,
$7,500,000, to remain available until expended, for drought
emergency assistance.
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SEC. 4003. EMERGENCY DESIGNATION.
The amounts provided under this title are designated
as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
TITLE V
PORT SECURITY ENHANCEMENTS
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $266,050,000, to remain available until expended.
UNITED STATES COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$23,000,000, to remain available until expended.
OFFICE FOR DOMESTIC PREPAREDNESS
STATE AND LOCAL PROGRAMS
For an additional amount for ‘‘State and Local Pro-
grams’’, $227,000,000: Provided, That the entire amount
shall be for port security grants pursuant to the purposes
of 46 United States Code 70107 (a) through (h), which shall
be awarded based on risk and threat notwithstanding sub-
section (a), for eligible costs as defined in subsections
(b)(2)–(4).
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SCIENCE AND TECHNOLOGY
RESEARCH, DEVELOPMENT, ACQUISITION, AND
OPERATIONS
For an additional amount for ‘‘Research, Develop-
ment, Acquisition, and Operations’’ for the Domestic Nu-
clear Detection Office, $132,000,000, to remain available
until expended for the purchase and deployment of radi-
ation portal monitors for United States seaports.
TITLE VI
PANDEMIC FLU
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to prepare for and respond
to an influenza pandemic, including international activi-
ties and activities in foreign countries, preparedness plan-
ning, enhancing the pandemic influenza regulatory science
base, accelerating pandemic influenza disease surveillance,
developing registries to monitor influenza vaccine distribu-
tion and use, supporting pandemic influenza research, clin-
ical trials and clinical trials infrastructure, and the devel-
opment and purchase of vaccines, antivirals, and necessary
medical supplies, $2,300,000,000, to remain available until
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expended: Provided, That $300,000,000 shall be for upgrad-
ing State and local capacity, $50,000,000 shall be for lab-
oratory capacity and research at the Centers for Disease
Control and Prevention, $5,000,000 shall be for the Smith-
sonian Institution to carry out domestic disease surveil-
lance, and at least $200,000,000 shall be for the Centers
for Disease Control and Prevention to carry out global and
domestic disease surveillance, laboratory capacity and re-
search, laboratory diagnostics, risk communication, rapid
response and quarantine: Provided further, That products
purchased with these funds may, at the discretion of the
Secretary, be deposited in the Strategic National Stockpile:
Provided further, That notwithstanding section 496(b) of
the Public Health Service Act, funds may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologicals, where the Secretary finds such a contract nec-
essary to secure sufficient supplies of such vaccines or
biologicals: Provided further, That the Secretary may nego-
tiate a contract with a vendor under which a State may
place an order with the vendor for antivirals; may reim-
burse a State for a portion of the price paid by the State
pursuant to such an order; and may use amounts made
available herein for such reimbursement: Provided further,
That funds appropriated herein and not specifically des-
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ignated under this heading may be transferred to other ap-
propriation accounts of the Department of Health and
Human Services, as determined by the Secretary to be ap-
propriate, to be used for the purposes specified in this sen-
tence: Provided further, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Con-
gress), the concurrent resolution on the budget for fiscal year
2006.
FUNDING FOR PANDEMIC INFLUENZA VACCINE INJURY
COMPENSATION
SEC. 6001. For an additional amount to the ‘‘Public
Health and Social Services Emergency Fund’’ to com-
pensate individuals harmed by pandemic influenza vac-
cines, $289,000,000: Provided, That the amounts provided
for under this section shall be designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress).
TITLE VII—BORDER SECURITY
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR BORDER SECURITY
DEPARTMENT OF HOMELAND SECURITY
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
For an additional amount for the ‘‘Office of the Sec-
retary and Executive Management’’ to provide funds for the
Office of Policy, $2,000,000: Provided, That the entire
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amount is solely for a contract with an independent non-
Federal entity to conduct a needs assessment for comprehen-
sive border security: Provided further, That the entire
amount 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.
OFFICE OF THE CHIEF INFORMATION OFFICER
For an additional amount for the ‘‘Office of the Chief
Information Officer’’ to replace and upgrade law enforce-
ment communications, $50,000,000, to remain available
until expended: Provided, That the entire amount is des-
ignated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
UNITED STATES VISITOR AND IMMIGRATION STATUS
INDICATOR TECHNOLOGY
For an additional amount for ‘‘United States Visitor
and Immigration Status Indicator Technology’’ to accel-
erate biometric database integration and conversion to 10–
print enrollment, $60,000,000, to remain available until ex-
pended: Provided, That none of the additional appropria-
tions made available under this heading may be obligated
until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve a plan
for the expenditure of such funds: Provided further, That
the entire amount is designated as an emergency require-
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ment pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $180,000,000, of which $80,000,000 is for border
patrol vehicle replacement and $100,000,000 is for sensor
and surveillance technology: Provided, That none of the ad-
ditional appropriations made available under this heading
may be obligated until the Committees on Appropriations
of the Senate and the House of Representatives receive and
approve a plan for expenditure of these funds: Provided fur-
ther, That the entire amount 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.
AIR AND MARINE INTERDICTION, OPERATIONS,
MAINTENANCE, AND PROCUREMENT
For an additional amount for ‘‘Air and Marine Inter-
diction, Operations, Maintenance, and Procurement’’ to re-
place air assets and upgrade air operations facilities,
$790,000,000, to remain available until expended, of which
$40,000,000 is for helicopter replacement and $750,000,000
is for recapitalization of air assets: Provided, That none
of the additional appropriations made available under this
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heading may be obligated until the Committees on Appro-
priations of the Senate and the House of Representatives
receive and approve an expenditure plan for the complete
recapitalization of Customs and Border Protection air as-
sets and facilities: Provided further, That the entire amount
is 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.
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$120,000,000, to remain available until expended: Pro-
vided, That none of the additional appropriations made
available under this heading may be obligated until the
Committees on Appropriations of the Senate and the House
of Representatives receive and approve a plan for expendi-
ture for these funds: Provided further, That the entire
amount 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.
IMMIGRATION AND CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ to replace vehicles, $80,000,000: Provided, That the
entire amount is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Con-
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gress), the concurrent resolution on the budget for fiscal year
2006.
UNITED STATES COAST GUARD
ACQUISITION, CONSTRUCTION AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construc-
tion, and Improvements’’ for acquisition, construction, ren-
ovation, and improvement of vessels, aircraft, and equip-
ment, $600,000,000, to remain available until expended:
Provided, That the entire amount is designated as an emer-
gency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND
RELATED EXPENSES
For an additional amount for ‘‘Acquisition, Construc-
tion, Improvements, and Related Expenses’’ for construc-
tion of the language training facility referenced in the Mas-
ter Plan and information technology infrastructure im-
provements, $18,000,000, to remain available until ex-
pended: Provided, That the entire amount 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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GENERAL PROVISIONS—THIS TITLE
REDUCTION IN FUNDING
SEC. 7001. The aggregate amount provided by chapter
3 of title I of this Act and chapter 3 of title II of this Act
may not exceed $67,062,188,000.
TITLE VIII—OTHER MATTERS
LEGISLATIVE BRANCH
ARCHITECT OF THE CAPITOL
CAPITOL POWER PLANT
For an additional amount for ‘‘Capitol Power Plant’’,
$27,600,000, to remain available until September 30, 2011:
Provided, That the amount provided under this heading is
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.
NOAA PAYMENT LIMITATION
SEC. 8001. Notwithstanding any other provision of
this Act, none of the funds appropriated or otherwise made
available in title II, chapter 2 of this Act, for the National
Oceanic and Atmospheric Administration under the head-
ing ‘‘Operations, Research, and Facilities’’ may be avail-
able for the National Marine Fisheries Service to implement
seafood promotion strategies, and the amount made avail-
able under such heading is reduced by $15,000,000.
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TITLE IX
GENERAL PROVISIONS AND TECHNICAL
CORRECTIONS
AVAILABILITY OF FUNDS
SEC. 9001. No part of any appropriation contained
in this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
OFFICE OF JUSTICE PROGRAMS
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
ADMINISTRATIVE PROVISION
SEC. 9002. Of the amount made available by the De-
partment of Justice Appropriations Act, 2006 under the
heading ‘‘Community Oriented Policing Services’’ (Public
Law 109–108, 199 Stat. 2302), for Paul Coverdell Forensic
Sciences Improvement Grants under part BB of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3797 et seq.), $1,500,000 shall be available to
the Attorney General, without regard to such part BB, for
the study on forensic science described in House Report
109–272 to accompany Public Law 109–108.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SCIENCE, AERONAUTICS AND EXPLORATION
ADMINISTRATIVE PROVISION
SEC. 9003. The referenced statement of the managers
in House Report 109–272, Making Appropriations for
Science, the Departments of State, Justice, and Commerce,