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MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee
Assistance’’, $110,200,000, to remain available until Sep-
tember 30, 2007: 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.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For an additional amount for ‘‘United States Emer-
gency 
Refugee 
and 
Migration 
Assistance 
Fund’’,
$20,000,000, to remain available until September 30, 2007:
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.
DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For an additional amount for ‘‘International Affairs
Technical Assistance’’, $13,000,000, to remain available
until September 30, 2007: Provided, That the amount pro-
vided under this heading is designated as an emergency re-
quirement pursuant to section 402 of H. Con. Res. 95
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(109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Oper-
ations’’, $181,200,000, 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.
GENERAL PROVISIONS—THIS CHAPTER
IRAQ RELIEF AND RECONSTRUCTION FUND
SEC. 1401. Chapter 2 of title II of Public Law 108–
106 (117 Stat. 1225–1226), as amended by Public Law
108–309 (118 Stat. 1142–1143), is further amended under
the heading ‘‘Iraq Relief and Reconstruction Fund’’ by—
(1)(A) striking ‘‘$5,090,000,000’’ and inserting
‘‘$5,036,000,000’’ for security and law enforcement;
(B) striking ‘‘$1,960,000,000’’ and inserting
‘‘$2,349,800,000’’ for justice, public safety infrastruc-
ture, and civil society;
(C) striking ‘‘$4,455,000,000’’ and inserting
‘‘$4,220,000,000’’ for the electric sector;
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(D) striking ‘‘$1,723,000,000’’ and inserting
‘‘$1,735,600,000’’ for oil infrastructure;
(E) striking ‘‘$2,361,000,000’’ and inserting
‘‘$2,131,100,000’’ for water resources and sanitation;
(F) 
striking 
‘‘$500,000,000’’ 
and 
inserting
‘‘$465,500,000’’ for transportation and telecommuni-
cations;
(G) striking ‘‘$370,000,000’’ and inserting
‘‘$333,700,000’’ for roads, bridges, and construction;
(H) striking ‘‘$793,000,000’’ and inserting
‘‘$739,000,000’’ for health care;
(I) 
striking 
‘‘$845,000,000’’ 
and 
inserting
‘‘$805,300,000’’ for private sector development; and
(J) 
striking 
‘‘$342,000,000’’ 
and 
inserting
‘‘$410,000,000’’ for education, refugees, human rights,
and governance; and
(2) inserting before the period the following: ‘‘:
Provided further, That amounts provided under this
heading shall remain available for an additional 4
years from the date on which the availability of such
funds would otherwise have expired, if such funds are
initially obligated before the expiration of the period
of availability provided herein, except that after such
initial obligation any subsequent obligation may be
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made without regard to the sectoral limitations set
forth under this heading, as amended’’.
ADMINISTRATIVE COSTS
SEC. 1402. To the extent not otherwise authorized, su-
pervision and administrative costs of the Department of De-
fense associated with a construction project funded with the
Iraq Relief and Reconstruction Fund may be obligated at
the time a construction contract is awarded or, for pre-ex-
isting contracts, by September 30, 2006: Provided, That for
the purposes of this section, supervision and administration
costs include all in-house Government costs.
AUTHORIZATION OF FUNDS
SEC. 1403. 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-
eign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103–236).
PALESTINIAN AUTHORITY
SEC. 1404. Section 550 of Public Law 109–102 (119
Stat. 2217) is amended to read as follows:
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‘‘PROHIBITION ON ASSISTANCE FOR THE PALESTINIAN
AUTHORITY
‘‘SEC. 550. (a) PROHIBITION ON ASSISTANCE.—None
of the funds appropriated by this Act or any prior Act mak-
ing appropriations for foreign operations, export financing,
and related programs, may be obligated or expended for as-
sistance for the Palestinian Authority unless the Secretary
of State determines, and so reports to the Committees on
Appropriations, that the Palestinian Authority has—
‘‘(1) publicly acknowledged Israel’s right to exist
as a Jewish state;
‘‘(2) renounced violence; and
‘‘(3) accepted and is adhering to all previous
diplomatic Agreements and understandings with the
United States Government, the Government of Israel,
and the international community.
‘‘(b) WAIVER AUTHORITY.—(1) The President may
waive subsection (a) with respect to the administrative and
personal security costs of the Office of the President of the
Palestinian Authority, for activities of the President of the
Palestinian Authority to promote democracy and the rule
of law, and with respect to independent agencies, if the
President certifies and reports to the Committees on Appro-
priations that—
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‘‘(A) it is in the national security interest of the
United States to provide such assistance; and
‘‘(B) the President of the Palestinian Authority,
the President’s party, and independent agencies are
not effectively controlled by Hamas or any other for-
eign terrorist organization.
‘‘(2) Prior to exercising the authority provided in this
subsection, the President shall consult with, and shall pro-
vide a written policy justification to, the Committees on
Appropriations and the Committee on International Rela-
tions of the House of Representatives and the Committee
on Foreign Relations of the Senate.
‘‘(c) REPORT.—Whenever the waiver authority pursu-
ant to subsection (b) is exercised, the President shall submit
a report to the Committees on Appropriations describing
how the funds will be spent and the accounting procedures
in place to ensure proper oversight and accountability.’’.
(RESCISSION)
SEC. 1405. Of the funds appropriated under the head-
ing ‘‘Subsidy Appropriation’’ for the Export-Import Bank
of the United States that are available for tied-aid grants
in title I of Public Law 107–115 and under such heading
in prior Acts making appropriations for foreign operations,
export financing, and related programs, $13,200,000 are re-
scinded.
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AUTHORITY TO EQUALIZE ALLOWANCES, BENEFITS, AND
GRATUITIES
OF
PERSONNEL
ON
OFFICIAL
DUTY
IN
IRAQ AND AFGHANISTAN
SEC. 1406. (a) FINDINGS.—Congress makes the fol-
lowing findings:
(1) As part of the United States effort to bring
democracy and freedom to Iraq and Afghanistan, em-
ployees of a broad range of Federal agencies are need-
ed to serve in those countries, furnishing expertise to
their counterpart agencies in the Government of Iraq
and the Government of Afghanistan.
(2) While the heads of a number of Federal agen-
cies already possess authority to provide to their per-
sonnel on official duty abroad allowances, benefits,
and death gratuities comparable to those provided by
the Secretary of State to similarly-situated Foreign
Service personnel on official duty abroad, other agen-
cy heads do not possess such authority.
(3) In order to assist the United States Govern-
ment in recruiting personnel to serve in Iraq and Af-
ghanistan, and to avoid inequities in allowances, ben-
efits, and death gratuities among similarly-situated
United States Government civilian personnel on offi-
cial duty in these countries, it is essential that the
heads of all agencies that have personnel on official
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duty in Iraq and Afghanistan have the same basic
authority with respect to allowances, benefits, and
death gratuities for such personnel.
(b) IN GENERAL.—During any fiscal year, the head
of an agency may, in the agency head’s discretion, provide
to an individual employed by, or assigned or detailed to,
such agency allowances, benefits, and gratuities comparable
to those provided by the Secretary of State to members of
the Foreign Service under section 413 and chapter 9 of title
I of the Foreign Service Act of 1980 (22 U.S.C. 3973; 4081
et seq.), if such individual is on official duty in Iraq or
Afghanistan.
(c) CONSTRUCTION.—Nothing in this section shall be
construed to impair or otherwise affect the authority of the
head of an agency under any other provision of law.
(d) APPLICABILITY OF CERTAIN AUTHORITIES.—Sec-
tion 912(a) of the Internal Revenue Code of 1986 shall
apply with respect to amounts received as allowances or
otherwise under this section in the same manner as section
912 of the Internal Revenue Code of 1986 applies with re-
spect to amounts received by members of the Foreign Service
as allowances or otherwise under chapter 9 of title I of the
Foreign Service Act of 1980.
DEMOCRACY IN IRAQ
SEC. 1407. (a) Of the funds provided in this chapter
for the Economic Support Fund, not less than $104,500,000
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should be made available through the Bureau of Democracy,
Human Rights, and Labor of the Department of State, in
coordination with the United States Agency for Inter-
national Development where appropriate, to United States
nongovernmental organizations for the purpose of sup-
porting democracy assistance programs in Iraq that pro-
mote the long term development of civil society, political
parties, election processes, the rule of law, reconciliation ac-
tivities, and parliament in that country: Provided, That
the Secretary of State shall consult with the Committees on
Appropriations prior to the initial obligation of funds made
available under this section on the uses of such funds: Pro-
vided further, That of the funds made available under this
heading, up to $8,500,000 should be made available for the
United States Institute of Peace for programs in Iraq and
Afghanistan.
(b) The President shall include in each report sub-
mitted to Congress under the United States Policy in Iraq
Act (section 1227 of Public Law 109–163; 50 U.S.C. 1541
note; 119 Stat. 3465) a report on the extent to which funds
appropriated in this Act support a short-term and long-
term strategy to promote and develop democracy in Iraq,
including:
(1) A description of the objectives of the Sec-
retary of State to promote and develop democracy at
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the national, regional, and provincial levels in Iraq,
including development of civil society, political par-
ties, and government institutions.
(2) The schedule to achieve such objectives.
(3) The progress made toward achieving such ob-
jectives.
(4) The principal official within the United
States Government responsible for coordinating and
implementing democracy funding for Iraq.
(RESCISSION)
SEC. 1408. Of the funds appropriated under the head-
ing ‘‘Economic Support Fund’’ that are available for assist-
ance for Egypt in Public Law 109–102 and under such
heading in prior Acts making appropriations for foreign
operations, export financing, and related programs,
$47,000,000 are rescinded: Provided, That such amount
shall be derived only from funds available for cash transfer
assistance.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$26,692,000: 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-
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gress), the concurrent resolution on the budget for fiscal year
2006.
CHAPTER 6
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction,
Army’’, $214,344,000, to remain available until September
30, 2010: Provided, That such funds may be obligated and
expended to carry out planning and design and military
construction projects not otherwise authorized by law: Pro-
vided further, 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.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction,
Air Force’’, $28,200,000, to remain available until Sep-
tember 30, 2010: Provided, That such funds may be obli-
gated or expended to carry out planning and design and
military construction projects not otherwise authorized by
law: Provided further, 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.
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MILITARY CONSTRUCTION, DEFENSE-WIDE
For an additional amount for ‘‘Military Construction,
Defense-Wide’’, $35,200,000, to remain available until Sep-
tember 30, 2010: Provided, That such funds may be obli-
gated or expended to carry out planning and design and
military construction projects not otherwise authorized by
law: Provided further, 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 VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
For an additional amount for ‘‘Medical Services’’ for
necessary expenses for furnishing, as authorized by law,
outpatient and inpatient care and treatment to bene-
ficiaries of the Department of Veterans Affairs and veterans
as described in paragraphs (1) through (8) of section
1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the de-
partment and including medical supplies and equipment
and salaries and expenses of healthcare employees hired
under title 38, United States Code, and to aid State homes
as authorized under section 1741 of title 38, United States
Code, $430,000,000 plus reimbursements: Provided, That of
the amount under this heading, $168,000,000 shall be avail-
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able to address the needs of servicemembers in need of men-
tal health care, including post-traumatic stress disorder:
Provided further, That of the amount under this heading,
$80,000,000 shall be available for the provision of readjust-
ment counseling under section 1712A of title 38, United
States Code (commonly referred to as ‘‘Vet Centers’’): Pro-
vided further, That of the amount under this heading
$182,000,000 shall be available to meet current and pend-
ing care and treatment requirements: Provided further,
That the amount under this heading shall remain available
until expended: Provided further, That the amount provided
under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006: Provided further, That these amounts shall be
available only to the extent that an official budget request
for the entire amount is submitted to the Congress by the
President that includes designation of the entire amount of
the request as an emergency requirement.
CHAPTER 7
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $1,800,000, to remain available until September
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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.
TITLE II
FURTHER HURRICANE DISASTER RELIEF AND
RECOVERY
CHAPTER 1
DEPARTMENT OF AGRICULTURE
EXECUTIVE OPERATIONS
WORKING CAPITAL FUND
For an additional amount for ‘‘Working Capital
Fund’’, $25,000,000, to remain available until expended,
for necessary expenses related to the consequences of Hurri-
cane Katrina and other hurricanes of the 2005 season: Pro-
vided, That the amount provided under this heading 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.
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector
General’’, $445,000, to remain available until September
30, 2007, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 sea-
son: Provided, That the amount provided under this head-
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ing is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the con-
current resolution on the budget for fiscal year 2006.
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $15,600,000, to remain available until expended,
for necessary expenses related to the consequences of Hurri-
cane Katrina and other hurricanes of the 2005 season: Pro-
vided, That the amount provided under this heading 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.
BUILDINGS AND FACILITIES
For an additional amount for ‘‘Buildings and Facili-
ties’’, $20,000,000, to remain available until expended, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided,
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.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $5,000,000, to remain available until expended, for
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necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided,
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.
EMERGENCY CONSERVATION PROGRAM
For an additional amount for the ‘‘Emergency Con-
servation Program’’, $32,547,000, to remain available until
expended, to provide assistance under the emergency con-
servation program established under title IV of the Agricul-
tural Credit Act of 1978 (16 U.S.C. 2201 et seq.), for nec-
essary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided,
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.
NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for ‘‘Emergency Watershed
Protection Program’’, $165,000,000, to remain available
until expended, for emergency measures in disaster areas
affected by Hurricane Katrina and other hurricanes of the
2005 season: Provided, That notwithstanding any other
provision of law, the Secretary, acting through the Natural
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Resources Conservation Service, using funds made available
under this heading may provide financial and technical as-
sistance to remove and dispose of debris and animal car-
casses that could adversely affect health and safety on non-
Federal land in a hurricane-affected county: Provided fur-
ther, That the amount provided under this heading 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.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $1,000,000, to remain available until expended, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season for State
Rural Development offices located in Mississippi and Lou-
isiana: 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.
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for community facilities
grants authorized under section 381E(d)(1) of the Consoli-
dated Farm and Rural Development Act, $150,000,000, to
remain available until expended, for necessary expenses re-
lated to the consequences of Hurricane Katrina and other
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hurricanes of the 2005 season: Provided, 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.
GENERAL PROVISIONS—THIS CHAPTER
NATURAL RESOURCES CONSERVATION SERVICE—COST
SHARE REQUIREMENT
SEC. 2101. Notwithstanding any other provision of
law, in carrying out the provisions of section 102 of chapter
1 of title I of division B of Public Law 109–148 (119 Stat.
2748–2749), the Secretary may provide financial and tech-
nical assistance up to 100 percent Federal share: Provided,
That the amount provided under this section 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.
NATURAL RESOURCES CONSERVATION SERVICE—VEHICLE
DISPOSITION
SEC. 2102. Notwithstanding any other provision of
law, the Chief of the Natural Resources Conservation Serv-
ice (NRCS) may enter into agreements with organizations
or State or local units of government affected by Hurricane
Katrina and other hurricanes of the 2005 season, that pro-
vide for NRCS to donate used vehicles to the organization
or to the State or local unit of government.
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RURAL DEVELOPMENT—EMERGENCY AUTHORITIES
SEC. 2103. The Secretary of Agriculture may continue
to use any of the authorities provided in section 105 of
chapter 1 of title I of division B of Public Law 109–148
(119 Stat. 2749–2750), for a period not to exceed 24 addi-
tional months: Provided, That the amount provided under
this section is designated as an emergency requirement pur-
suant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
FARM SERVICE AGENCY
(TRANSFER OF FUNDS)
SEC. 2104. Of the funds appropriated in section 101(a)
of chapter 1 of title I of division B of Public Law 109–
148 (119 Stat. 2747), to provide assistance under the emer-
gency conservation program established under title IV of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.),
$38,000,000 are transferred to the National Oceanic and
Atmospheric Administration in the Department of Com-
merce for activities involving oysters: Provided, That the
amount transferred under this section 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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FARM SERVICE AGENCY—EMERGENCY CONSERVATION
PROGRAM
SEC. 2105. Section 101(b) of chapter 1 of title I of
division B of Public Law 109–148 (119 Stat. 2747) is
amended—
(1) in the heading, by striking ‘‘, Oyster,’’;
(2) in the matter preceding paragraph (1)—
(A) by striking ‘‘, oyster,’’; and
(B) by striking ‘‘public and private oyster
reefs or’’;
(3) in paragraph (3), by adding ‘‘and’’ at the
end;
(4) by striking paragraph (4); and
(5) by redesignating paragraph (5) as para-
graph (4).
RURAL DEVELOPMENT—RURAL HOUSING
SEC. 2106. There is hereby appropriated, $35,408,000,
to remain available until expended, for housing needs in
the most impacted and distressed areas related to the con-
sequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the Secretary of Agriculture
shall allocate funds provided under this section between the
‘‘Rural Housing Insurance Fund Program Account’’ and
‘‘Rural Housing Assistance Grants’’ program: Provided
further, That the Secretary make this allocation and
prioritizes the funding of projects with such funds within
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a State based on the priorities identified by the Governor
of each State: Provided further, That the amount provided
under this section is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
WILDLIFE HABITAT INCENTIVE PROGRAM
SEC. 2107. Funds made available for the wildlife habi-
tat incentive program established under section 1240N of
the Food Security Act of 1985 (16 U.S.C. 3839bb–1) under
section 211(b) of the Agricultural Risk Protection Act of
2000 (Public Law 106–224; 7 U.S.C. 1421 note) and section
820 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2001 (Public Law 106–387; 114 Stat. 1549A–59) shall re-
main available until expended to carry out obligations
made for fiscal year 2001 and are not available for new
obligations.
SMALL BUSINESS RELIEF FROM HURRICANE KATRINA AND
HURRICANE RITA
SEC. 2108. (a) Section 3(p)(1) of the Small Business
Act (15 U.S.C. 632(p)(1)) is amended—
(1) in subparagraph (D), by striking ‘‘or’’;
(2) in subparagraph (E), by striking the period
at the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
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‘‘(F) an area in which the President has de-
clared a major disaster (as that term is defined
in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5122)) as a result of Hurricane Katrina of Au-
gust 2005 or Hurricane Rita of September
2005.’’.
(b) Section 711(d) of the Small Business Competitive
Demonstration Program Act of 1988 (15 U.S.C. 644 note)
is amended—
(1) by striking ‘‘The Program’’ and inserting the
following:
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Program’’; and
(2) by adding at the end the following:
‘‘(2) EXCEPTION.—The Program shall not apply
to any contract related to relief or reconstruction from
Hurricane Katrina of 2005 or Hurricane Rita of
2005.’’.
(c) The amendments made by subsections (a) and (b)
shall be effective for the period beginning on the date of en-
actment of the Act and ending on October 1, 2008.
ACCOUNTABILITY IN HURRICANE RECOVERY CONTRACTING
SEC. 2109. None of the funds appropriated by this Act
that are made available for relief and recovery efforts re-
lated to Hurricane Katrina and the other hurricanes of the
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2005 season may be used by an executive agency to enter
into any Federal contract exceeding $500,000 through the
use of procedures other than competitive procedures as re-
quired by the Federal Acquisition Regulation and, as appli-
cable, section 303(a) of the Federal Property and Adminis-
trative Services Act of 1949 (41 U.S.C. 253(a)) or section
2304(a) of title 10, United States Code.
CHAPTER 2
DEPARTMENT OF JUSTICE
OFFICE OF THE INSPECTOR GENERAL
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 sea-
son, $500,000, to remain available until September 30,
2007: Provided, That the amount provided under this head-
ing is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the con-
current resolution on the budget for fiscal year 2006.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 sea-
son, $3,200,000, to remain available until September 30,
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2007: Provided, That the amount provided under this head-
ing is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the con-
current resolution on the budget for fiscal year 2006.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Ex-
penses’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 sea-
son, $6,500,000, to remain available until September 30,
2007: Provided, That the amount provided under this head-
ing is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the con-
current resolution on the budget for fiscal year 2006.
OFFICE OF JUSTICE PROGRAMS
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for ‘‘State and Local Law
Enforcement Assistance’’ for necessary expenses, related to
the direct or indirect consequences of Hurricane Katrina
and other hurricanes of the 2005 season, $10,000,000, 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 Congress), the concurrent resolution on the
budget for fiscal year 2006: Provided further, That the At-
torney General shall consult with the House and Senate
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Committees on Appropriations on the allocation of funds
prior to obligation.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research,
and Facilities’’ for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the
2005 season, $1,135,000,000, to remain available until Sep-
tember 30, 2007, pursuant to section 312(a) of the Magnu-
son-Stevens Fishery Conservation and Management Act,
section 308(d) of the Interjurisdictional Fisheries Act, and
other authorities: Provided, That the amount provided
under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006: Provided further, That of the total amount ap-
propriated, $100,000,000 shall be for the National Marine
Fisheries Service to provide technical assistance to States
and industry for oyster bed and shrimp ground rehabilita-
tion, debris removal and cleaning, and to prepare for spat
fall by planting sufficient amounts of cultch: Provided fur-
ther, That of the total amount appropriated, $20,000,000
shall be provided to utilize the National Oceanic and At-
mospheric Administration’s expertise to assist in rebuilding
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coastal communities, especially focusing on fisheries infra-
structure, zoning to mitigate against future catastrophes
and natural disasters, and building standards for coastal
structures: Provided further, That of the total amount ap-
propriated, $10,000,000 shall be provided to coordinate and
help implement planning efforts that will lead to capacity
and effort reductions in Federal and State waters: Provided
further, That of the total amount appropriated, $15,000,000
shall be provided to develop and implement a seafood pro-
motion strategy for Gulf of Mexico fisheries: Provided fur-
ther, That of the total amount appropriated, $15,000,000
shall be provided to institute job retraining programs for
displaced fisheries workers into alternative occupations:
Provided further, That of the total amount appropriated,
$200,000,000 shall be provided to replace fishing gear dam-
aged or lost in the hurricanes, and deploy advanced versions
of turtle exclusion devices and by-catch reduction devices:
Provided further, That of the total amount appropriated,
$50,000,000 shall be provided to develop temporary marine
services centers to cluster docking facilities, fuel, ice and
provisions, offloading, processing and distribution and ma-
rine repair facilities for seafood industries: Provided fur-
ther, That of the total amount appropriated, $300,000,000
shall be provided for re-development of marinas, piers,
docks, wharves and warehouses to support commercial and
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recreational fishing, and especially investments in public
facilities supporting working waterfronts: Provided further,
That of the total amount appropriated, $50,000,000 shall
be provided for planning and support for fishing-related
marine industrial parks to cluster processing and marine
support businesses in ways that increase access to key facili-
ties and services, and enhance intermodal transportation
of fishery products: Provided further, That of the total
amount appropriated, $90,000,000 shall be provided for re-
placement of private fisheries infrastructure other than ves-
sels: Provided further, That of the total amount appro-
priated, $10,000,000 shall be provided to implement rules
where appropriate, and purchase and provide one year of
associated fees to equip the offshore shrimp and reef fish
fishery with electronic vessel monitoring systems: Provided
further, That of the total amount appropriated, $66,000,000
shall be provided for the fishery finance program loans
under title XI of the Merchant Marine Act, 1936, (46 U.S.C.
App. 1271 et seq.) to satisfy loan obligations for loans used
to make expenditures, guarantee or finance to repair, re-
place or restore fisheries infrastructure, vessels, facilities, or
fish processing facilities home-ported or located within the
declared fisheries disaster area: Provided further, That of
the total amount appropriated, $14,000,000 shall be pro-
vided to develop and fund a cooperative research program
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to test various gears and to monitor the recovery of Gulf
of Mexico fishery resources and fisheries: Provided further,
That of the total amount appropriated, $100,000,000 shall
be provided for direct assistance to fishers and seafood work-
ers to undertake cleanup activities and begin repairing ves-
sels and damaged facilities: Provided further, That of the
total amount appropriated, $20,000,000 shall be provided
to assist shellfishermen in New England’s coastal commu-
nities who suffered severe economic impact from last year’s
toxic red tide outbreak: Provided further, That of the total
amount appropriated, $25,000,000 shall be provided to em-
ploy fishers and vessel owners in marine debris and living
marine resource assessment activities.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ‘‘Procurement, Acquisi-
tion and Construction’’ for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of
the 2005 season, $32,000,000, to remain available until ex-
pended: 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.
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SCIENCE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
EXPLORATION CAPABILITIES
For an additional amount for ‘‘Exploration Capabili-
ties’’ for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 sea-
son, $35,000,000 shall be for the Stennis Space Center, 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 Congress), the concurrent resolution on the
budget for fiscal year 2006.
RELATED AGENCY
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for the ‘‘Disaster Loans
Program Account’’ for the cost of direct loans authorized
by section 7(b) of the Small Business Act, $1,254,000,000,
to remain available until expended: Provided, That such
costs, including the cost of modifying such loans shall be
as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That up to $190,000,000 may
be transferred to and merged with ‘‘Salaries and Expenses’’
for administrative expenses to carry out the disaster loan
program: Provided further, That none of the funds provided
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under this heading may be used for indirect administrative
expenses: Provided further, That of the amount provided
under this heading, up to $712,000,000 may be transferred
to ‘‘Federal Emergency Management Agency, Disaster Re-
lief’’ to reimburse in whole, or in part, that account for
funds transferred to this account by Public Law 109–174:
Provided further, That the amounts provided under this
heading are 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 PROVISIONS—THIS CHAPTER
HURRICANE RESPONSE PLAN FOR THE 2006 HURRICANE
SEASON
SEC. 2201. (a) In this section—
(1) the terms ‘‘Administration’’ and ‘‘Adminis-
trator’’ mean the Small Business Administration and
the Administrator thereof, respectively;
(2) the term ‘‘Disaster Loan Program’’ means
the disaster loan program authorized under section 7
of the Small Business Act (15 U.S.C. 636);
(3) the term ‘‘major disaster’’ has the meaning
given the term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122);
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(4) the term ‘‘small business concern’’ has the
meaning given the term in section 3 of the Small
Business Act (15 U.S.C. 632);
(5) the term ‘‘system’’ means the Disaster Credit
Management System of the Administration; and
(6) the term ‘‘2006 Atlantic hurricane season’’
means the period beginning on June 1, 2006, and
ending on November 30, 2006.
(b) Not later than May 31, 2006, the Administrator
shall submit to the Committee on Small Business and En-
trepreneurship and the Committee on Appropriations of the
Senate and the Committee on Small Business and the Com-
mittee on Appropriations of the House of Representatives
a report on the status of the disaster response plan of the
Administration for the 2006 Atlantic hurricane season.
(c) The report required under subsection (b) shall
include—
(1) the plan of the Administrator for responding
quickly and efficiently after the occurrence of a major
disaster during the 2006 Atlantic hurricane season
and subsequent major disasters (including prepara-
tion and planning for disaster response resources and
staff, such as identifying loss verifiers and technical
assistance staff to deploy to potential disaster areas
in advance of chartable events such as hurricanes);
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(2) a description of how the Administrator plans
to integrate and coordinate the response to a major
disaster with the staff and resources of the Federal
Emergency Management Agency (including details on
where and when joint training sessions are planned
during the 2006 Atlantic hurricane season);
(3) a description of how the Administrator plans
to integrate and coordinate the response to a major
disaster with the technical assistance programs of the
Administration (including the small business develop-
ment centers);
(4) the contingency plans of the Administration,
if any, for handling increases in the volume of appli-
cations under the Disaster Loan Program during the
2006 Atlantic hurricane season (including detailed
plans for using local banks, credit unions, and busi-
nesses in an area in which the President declares a
major disaster or the hiring of additional loan proc-
essing and loss verification staff);
(5) any available or revised surge plans for the
system (including surge plans for loss verification,
loan processing, mailroom, customer service or call
center operations, and a continuity of operations
plan);
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(6) information on the plans of the Administra-
tion, if any, for upgrading the Disaster Loan Pro-
gram application processing system, including—
(A) the user capacity of the system; and
(B) the estimated cost for upgrading the
software and equipment to handle additional
users;
(7) the number of full-time equivalent employees
and job descriptions for the planning and disaster re-
sponse staff of the Administration;
(8) information (including potential cost esti-
mates) on whether—
(A) the Administrator plans to hire full-
time planning staff during the 2006 Atlantic
hurricane season; and
(B) such full-time planner would be hired
in the Office of Disaster Assistance or in another
office of the Administration;
(9) the inservice and preservice training proce-
dures for disaster response staff of the Administra-
tion;
(10) information on the logistical support plans
of the Administration (including equipment and
staffing needs, and detailed information on how such
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plans will be scalable depending on the size and scope
of the major disaster);
(11) information on the procurement procedures
of the Administration for acquiring equipment and
staff, including—
(A) standard procurement procedures dur-
ing nondisaster periods;
(B) standard procurement procedures before
and after major disasters;
(C) whether the Administration meets the
criteria to be exempt from the normal General
Services Administration procurement process for
its disaster response; and
(D) whether any administrative or legisla-
tive changes are needed to allow the Administra-
tion to be exempt from the normal General Serv-
ice Administration procurement process in re-
sponse to a disaster; and
(12) a description of the findings and rec-
ommendations of the Administrator, if any, based on
a review of the response of the Administration to
Hurricane Katrina of 2005, Hurricane Rita of 2005,
and Hurricane Wilma of 2005.
DISASTER LOAN PROGRAM MONTHLY ACCOUNTING REPORT
SEC. 2202. (a) In this section—
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(1) the term ‘‘applicable period’’ means the pe-
riod beginning on the date on which the President de-
clares a major disaster and ending on the date that
is 30 days after the later of the closing date for appli-
cations for physical disaster loans for such disaster
and the closing date for applications for economic in-
jury disaster loans for such disaster; and
(2) the term ‘‘major disaster’’ has the meaning
given the term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122).
(b) Not later than the fifth business day of each month
during the applicable period for a major disaster, the Ad-
ministrator of the Small Business Administration shall
provide to the Committee on Small Business and Entrepre-
neurship and the Committee on Appropriations of the Sen-
ate and to the Committee on Small Business and the Com-
mittee on Appropriations of the House of Representatives
a report on the operation of the disaster loan program au-
thorized under section 7 of the Small Business Act (15
U.S.C. 636) for such disaster during the preceding month.
(c) Each report under subsection (b) shall include—
(1) the daily average lending volume, in number
of loans and dollars, and the percent by which each