H. R. 2863—88
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
STATE AND PRIVATE FORESTRY 
For an additional amount for ‘‘State and Private Forestry’’, 
$30,000,000, to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf 
of Mexico in calendar year 2005: Provided, That the amount pro-
vided 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. 
NATIONAL FOREST SYSTEM 
For an additional amount for ‘‘National Forest System’’, 
$20,000,000, to remain available until expended, for necessary 
expenses, including hazardous fuels reduction, related to the con-
sequences of hurricanes in the Gulf of Mexico in calendar year 
2005: 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. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
For an additional amount for ‘‘Capital Improvement and 
Maintenance’’, $7,000,000, to remain available until expended, for 
necessary expenses related to the consequences of hurricanes in 
the Gulf of Mexico in calendar year 2005: 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. 
CHAPTER 6
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
For an additional amount for ‘‘Training and Employment Serv-
ices’’ to award national emergency grants under section 173 of 
the Workforce Investment Act of 1998 related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005, 
$125,000,000, to remain available until June 30, 2006: 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 these sums may be 
used to replace grant funds previously obligated to the impacted 
areas.
H. R. 2863—89
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE 
OPERATIONS 
Funds provided under this heading in Public Law 108–447 
which have been allocated to the States of Alabama, Louisiana, 
and Mississippi for activities authorized by title III of the Social 
Security Act, as amended, shall remain available for obligation 
by such States through September 30, 2006, except that funds 
used for automation by such States shall remain available through 
September 30, 2008. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
SOCIAL SERVICES BLOCK GRANT 
For an additional amount for ‘‘Social Services Block Grant’’, 
$550,000,000, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005, notwith-
standing section 2003 and paragraphs (1) and (4) of section 2005(a) 
of the Social Security Act (42 U.S.C. 1397b and 1397d(a)): Provided, 
That in addition to other uses permitted by title XX of the Social 
Security Act, funds appropriated under this heading may be used 
for health services (including mental health services) and for repair, 
renovation and construction of health facilities (including mental 
health facilities): 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. 
CHILDREN AND FAMILIES SERVICES PROGRAMS 
For an additional amount for ‘‘Children and Families Services 
Programs’’, $90,000,000, for Head Start to serve children displaced 
by hurricanes in the Gulf of Mexico in calendar year 2005, notwith-
standing sections 640(a)(1) and 640(g)(1) of the Head Start Act, 
and to cover the costs of renovating those Head Start facilities 
which were affected by these hurricanes, to the extent reimburse-
ments from FEMA and insurance companies do not fully cover 
such costs: 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. 
DEPARTMENT OF EDUCATION 
For assisting in meeting the educational needs of individuals 
affected by hurricanes in the Gulf of Mexico in calendar year 
2005, $1,600,000,000, to remain available through September 30, 
2006, of which $750,000,000 shall be available to State educational 
agencies until expended to carry out section 102 of title IV, division 
B of this Act, $5,000,000 shall be available to carry out section 
106 of title IV, division B of this Act, $645,000,000 shall be available 
to carry out section 107 of title IV, division B of this Act, and 
$200,000,000 shall be available to provide assistance under the 
programs authorized by subparts 3 and 4 of part A, part C of 
title IV, and part B of title VII of the Higher Education Act of 
1965, for students attending institutions of higher education (as
H. R. 2863—90
defined in section 102 of that Act) that are located in an area 
in which a major disaster has been declared in accordance with 
section 401 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act related to hurricanes in the Gulf of Mexico in cal-
endar year 2005 and who qualify for assistance under subparts 
3 and 4 of part A and part C of title IV of the Higher Education 
Act of 1965, to provide emergency assistance based on demonstrated 
need to institutions of higher education that are located in an 
area affected by hurricanes in the Gulf of Mexico in calendar 
year 2005 and were forced to close, relocate or significantly curtail 
their activities as a result of damage directly sustained by such 
hurricanes, and to provide payments to institutions of higher edu-
cation to help defray the unexpected expenses associated with 
enrolling displaced students from institutions of higher education 
at which operations have been disrupted due to hurricanes in 
the Gulf of Mexico in calendar year 2005: Provided, That of the 
$200,000,000 described in the preceding proviso, $95,000,000 shall 
be for the Mississippi Institutes of Higher Learning to provide 
assistance under such title IV programs, notwithstanding any 
requirements relating to matching, Federal share, reservation of 
funds, or maintenance of effort that would otherwise be applicable 
to that assistance; $95,000,000 shall be for the Louisiana Board 
of Regents to provide emergency assistance based on demonstrated 
need under part B of title VII of the Higher Education Act of 
1965, which may be used for student financial assistance, faculty 
and staff salaries, equipment and instruments, or any purpose 
authorized under the Higher Education Act of 1965, to institutions 
of higher education that are located in an area affected by hurri-
canes in the Gulf of Mexico in calendar year 2005; and $10,000,000 
shall be available to the Secretary of Education for such payments 
to institutions of higher education to help defray the unexpected 
expenses associated with enrolling displaced students from institu-
tions of higher education directly affected by hurricanes in the 
Gulf of Mexico in calendar year 2005, in accordance with criteria 
as are established by the Secretary and made publicly available 
without regard to section 437 of the General Education Provisions 
Act or section 553 of title 5, United States Code: Provided further, 
That the amounts provided in this paragraph 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. 
CHAPTER 7
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Military Construction, Navy 
and Marine Corps’’, $291,219,000, to remain available until Sep-
tember 30, 2010, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 
That such funds may be obligated or expended for 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 pursuant to
H. R. 2863—91
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
MILITARY CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Military Construction, Air Force’’, 
$52,612,000, to remain available until September 30, 2010, for 
necessary expenses related to the consequences of hurricanes in 
the Gulf of Mexico in calendar year 2005: Provided, That such 
funds may be obligated or expended for 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 section 402 
of H. Con. Res. 95 (109th Congress), the concurrent resolution 
on the budget for fiscal year 2006. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
For an additional amount for ‘‘Military Construction, Defense-
Wide’’, $45,000,000, to remain available until September 30, 2010, 
for necessary expenses related to the consequences of hurricanes 
in the Gulf of Mexico in calendar year 2005: Provided, That such 
funds may be obligated or expended for 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 section 402 
of H. Con. Res. 95 (109th Congress), the concurrent resolution 
on the budget for fiscal year 2006. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Military Construction, Army 
National Guard’’, $374,300,000, for necessary expenses related to 
the consequences of hurricanes in the Gulf of Mexico in calendar 
year 2005: Provided, That such funds may be obligated or expended 
for planning and design and military construction projects not other-
wise authorized by law: 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. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For an additional amount for ‘‘Military Construction, Air 
National Guard’’, $35,000,000, to remain available until September 
30, 2010, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, 
That such funds may be obligated or expended for 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 pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.
H. R. 2863—92
MILITARY CONSTRUCTION, NAVAL RESERVE 
For an additional amount for ‘‘Military Construction, Naval 
Reserve’’, $120,132,000, for necessary expenses related to the con-
sequences of hurricanes in the Gulf of Mexico in calendar year 
2005: Provided, That such funds may be obligated or expended 
for planning and design and military construction projects not other-
wise authorized by law: 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. 
FAMILY HOUSING 
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Family Housing Construction, 
Navy and Marine Corps’’, $86,165,000, to remain available until 
September 30, 2010, for necessary expenses related to the con-
sequences of hurricanes in the Gulf of Mexico in calendar year 
2005: Provided, That such funds may be obligated or expended 
for planning and design and military construction projects not other-
wise authorized by law: 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. 
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND 
MARINE CORPS 
For an additional amount for ‘‘Family Housing Operation and 
Maintenance, Navy and Marine Corps’’, $48,889,000, for necessary 
expenses related to the consequences of hurricanes in the Gulf 
of Mexico in calendar year 2005, 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 Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
FAMILY HOUSING CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Family Housing Construction, 
Air Force’’, $278,000,000, to remain available until September 30, 
2010, for necessary expenses related to the consequences of hurri-
canes in the Gulf of Mexico in calendar year 2005: Provided, That 
such funds may be obligated or expended for 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 pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution 
on the budget for fiscal year 2006. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Family Housing Operation and 
Maintenance, Air Force’’, $47,019,000, to remain available until 
September 30, 2007, for necessary expenses related to the con-
sequences of hurricanes in the Gulf of Mexico in calendar year
H. R. 2863—93
2005: 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. 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS HEALTH ADMINISTRATION 
MEDICAL SERVICES 
For an additional amount for ‘‘Medical Services’’, $198,265,000, 
for necessary expenses related to the consequences of hurricanes 
in the Gulf of Mexico in calendar year 2005: 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. 
DEPARTMENTAL ADMINISTRATION 
GENERAL OPERATING EXPENSES 
For an additional amount for ‘‘General Operating Expenses’’, 
$24,871,000, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: 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. 
NATIONAL CEMETERY ADMINISTRATION 
For an additional amount for ‘‘National Cemetery Administra-
tion’’, $200,000, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: 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. 
CONSTRUCTION, MAJOR PROJECTS 
For an additional amount for ‘‘Construction, Major Projects’’, 
$367,500,000, to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf 
of Mexico in calendar year 2005: Provided, That the amount pro-
vided 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. 
CONSTRUCTION, MINOR PROJECTS 
For an additional amount for ‘‘Construction, Minor Projects,’’ 
$1,800,000, to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf 
of Mexico in calendar year 2005: Provided, That the amount pro-
vided 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.
H. R. 2863—94
RELATED AGENCY 
ARMED FORCES RETIREMENT HOME 
For payment to the ‘‘Armed Forces Retirement Home’’ for nec-
essary expenses related to the consequences of Hurricane Katrina, 
$65,800,000, to remain available until expended: Provided, That 
of the amount provided, $45,000,000 shall be available for the 
Armed Forces Retirement Home, Gulfport, Mississippi: Provided 
further, That of the amount provided, $20,800,000 shall be available 
for the Armed Forces Retirement Home, Washington, DC: 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. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 701. The limitation of Federal contribution established 
under section 18236(b) of title 10 is hereby waived for projects 
appropriated in this chapter. 
SEC. 702. For any real property expressly granted to the United 
States since January 1, 1980 for use as or in connection with 
a Navy homeport subject to a reversionary interest retained by 
the grantor and serving as the site of or being used by a naval 
station subsequently closed or realigned pursuant to the Defense 
Base Closure and Realignment Act of 1990 as amended, the right 
of the United States to any consideration or repayment for the 
fair market value of the real property as improved shall be released, 
relinquished, waived, or otherwise permanently extinguished. The 
Secretary shall execute such written agreements as may be needed 
to facilitate the reversion and transfer all right, title, and interest 
of the United States in any real property described in this section, 
including the improvements thereon, for no consideration to the 
reversionary interest holder as soon as practicable after the naval 
station is closed or realigned. This agreement shall not require 
the reversionary interest holder to assume any environmental liabil-
ities of the United States or relieve the United States from any 
responsibilities for environmental remediation that it may have 
incurred as a result of federal ownership or use of the real property. 
SEC. 703. (a) Notwithstanding 38 U.S.C. 2102, the Secretary 
of Veterans Affairs may make a grant to a veteran whose home 
was previously adapted with the assistance of a grant under chapter 
21 of title 38, United States Code, in the event the adapted home 
which was being used and occupied by the veteran was destroyed 
or substantially damaged in the declared disaster areas as a result 
of hurricanes in the Gulf of Mexico in calendar year 2005, as 
determined by the President under the Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.). The grant is available 
to acquire a suitable housing unit with special fixtures or moveable 
facilities made necessary by the veteran’s disability, and necessary 
land therefor. This authority expires on September 30, 2006: Pro-
vided, 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. 
(b) The amount of the grant authorized by this subsection 
may not exceed the lesser of—
H. R. 2863—95
(1) the reasonable cost, as determined by the Secretary 
of Veterans Affairs, of repairing or replacing the adapted home 
in excess of the available insurance coverage on the damaged 
or destroyed home; or 
(2) the maximum grant to which the veteran would have 
been entitled under 38 U.S.C. 2102 (a) or (b) had the veteran 
not obtained the prior grant. 
SEC. 704. In any case where the Secretary of Veterans Affairs 
determines that a veteran described in 38 U.S.C. 3108(a)(2) has 
been displaced as the result of hurricanes in the Gulf of Mexico 
in calendar year 2005, from the disaster area, as determined by 
the President under the Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), the Secretary may extend the payment 
of subsistence allowance authorized by such paragraph for up to 
an additional two months while the veteran is satisfactorily fol-
lowing such program of employment services. This authority expires 
on September 30, 2006: 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. 
SEC. 705. The annual limitation contained in 38 U.S.C. 3120(e) 
shall not apply in any case where the Secretary of Veterans Affairs 
determines that a veteran described in 38 U.S.C. 3120(b) has been 
displaced as the result of, or has otherwise been adversely affected 
in the areas covered by hurricanes in the Gulf of Mexico in calendar 
year 2005, as determined by the President under the Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 
This authority expires on September 30, 2006: 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. 
SEC. 706. Notwithstanding 38 U.S.C. 3903(a), the Secretary 
of Veterans Affairs may provide or assist in providing an eligible 
person with a second automobile or other conveyance under the 
provisions of chapter 39 of title 38 United States Code, if the 
Secretary receives satisfactory evidence that the automobile or other 
conveyance previously purchased with assistance under such 
chapter was destroyed as a result of hurricanes in the Gulf of 
Mexico in calendar year 2005, and through no fault of the eligible 
person: Provided, That that person does not otherwise receive from 
a property insurer compensation for the loss. This authority expires 
on September 30, 2006: 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. 
CHAPTER 8
DEPARTMENT OF JUSTICE 
LEGAL ACTIVITIES 
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS 
For an additional amount for ‘‘Salaries and Expenses, United 
States Attorneys’’, $9,000,000, for necessary expenses related to 
the consequences of hurricanes in the Gulf of Mexico in calendar
H. R. 2863—96
year 2005: 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. 
UNITED STATES MARSHALS SERVICE 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$9,000,000, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005: 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. 
FEDERAL BUREAU OF INVESTIGATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$45,000,000, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: 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. 
DRUG ENFORCEMENT ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$10,000,000, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: 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. 
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$20,000,000, for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005: 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. 
FEDERAL PRISON SYSTEM 
BUILDINGS AND FACILITIES 
For an additional amount for ‘‘Buildings and Facilities’’, 
$11,000,000, to remain available until expended, for necessary
H. R. 2863—97
expenses related to the consequences of hurricanes in the Gulf 
of Mexico in calendar year 2005: Provided, That the amount pro-
vided 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. 
OFFICE OF JUSTICE PROGRAMS 
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 
For an additional amount for ‘‘State and Local Law Enforce-
ment Assistance’’, $125,000,000, for necessary expenses related to 
the direct or indirect consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005, to remain available until expended: 
Provided, 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: Provided further, That the Attorney 
General shall consult with the Committee on Appropriations of 
the Senate and the Committee on Appropriations of the House 
of Representatives on the allocation of funds prior to expenditure. 
DEPARTMENT OF COMMERCE 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
For an additional amount for ‘‘Operations, Research, and Facili-
ties’’, $17,200,000, to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf 
of Mexico in calendar year 2005: Provided, That the amount pro-
vided 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. 
PROCUREMENT, ACQUISITION AND CONSTRUCTION 
For an additional amount for ‘‘Procurement, Acquisition and 
Construction’’, $37,400,000, to remain available until expended, for 
necessary expenses related to the consequences of hurricanes in 
the Gulf of Mexico in calendar year 2005: 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. 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
EXPLORATION CAPABILITIES 
For an additional amount for ‘‘Exploration Capabilities’’, 
$349,800,000, to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf 
of Mexico in calendar year 2005: Provided, That the amount pro-
vided 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.
H. R. 2863—98
SMALL BUSINESS ADMINISTRATION 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of Inspector General’’ 
for necessary expenses related to the consequences of hurricanes 
in the Gulf of Mexico in calendar year 2005, $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 Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
DISASTER LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for the ‘‘Disaster Loans Program 
Account’’ authorized by section 7(b) of the Small Business Act, 
for necessary expenses related to hurricanes in the Gulf of Mexico 
in calendar year 2005 and other natural disasters, $264,500,000, 
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. 
In addition, for administrative expenses to carry out the direct 
loan program authorized by section 7(b), $176,500,000, to remain 
available until expended, which may be transferred to and merged 
with ‘‘Salaries and Expenses’’: Provided, That the amounts provided 
under this heading 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: Provided 
further, That no funds shall be transferred to the appropriation 
for ‘‘Salaries and Expenses’’ for indirect administrative expenses. 
GENERAL PROVISIONS—THIS CHAPTER 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 801. Of the unobligated balances available under ‘‘National 
Institute of Standards and Technology, Industrial Technology Serv-
ices’’ for the Hollings Manufacturing Extension Partnership Pro-
gram, $4,500,000 shall be used to assist manufacturers recovering 
from hurricanes in the Gulf of Mexico in calendar year 2005: Pro-
vided, That only Manufacturing Extension Centers in States 
affected by hurricanes in the Gulf of Mexico in calendar year 
2005 shall be eligible for hurricane recovery assistance funds: Pro-
vided further, That these funds shall be allocated to the Manufac-
turing Extension Centers in these States based on an assessment 
of the needs of manufacturers in the counties declared a disaster 
by the Federal Emergency Management Agency: Provided further, 
That employment and productivity shall be among the metrics 
used in developing the needs assessment: Provided further, That 
the matching provisions of 15 U.S.C. 278(k) paragraph (c) shall 
not apply to amounts provided by this Act or by Public Law 109–
108 to Manufacturing Extension Centers serving areas affected 
by hurricanes in the Gulf of Mexico in calendar year 2005. 
SEC. 802. The Attorney General shall transfer to the 
‘‘Narrowband 
Communications/Integrated 
Wireless 
Network’’ 
account all funds made available in this Act to the Department 
of Justice for the purchase of portable and mobile radios and related
H. R. 2863—99
infrastructure. Any transfer made under this section shall be subject 
to section 605 of Public Law 109–108. 
CHAPTER 9
DEPARTMENT OF TRANSPORTATION 
FEDERAL AVIATION ADMINISTRATION 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For an additional amount for ‘‘Facilities and equipment’’, 
$40,600,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf 
of Mexico during calendar year 2005: 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. 
FEDERAL HIGHWAY ADMINISTRATION 
EMERGENCY RELIEF PROGRAM 
For an additional amount for ‘‘Emergency relief program’’ as 
authorized under 23 U.S.C. 125, $2,750,000,000, to remain available 
until expended, for necessary expenses related to the consequences 
of Hurricanes Katrina, Rita, and Wilma: Provided, That of the 
funds provided herein, up to $629,000,000 shall be available to 
repair and reconstruct the I–10 bridge spanning New Orleans and 
Slidell, Louisiana in accordance with current design standards as 
contained in 23 U.S.C. 125: Provided further, That notwithstanding 
23 U.S.C. 120(e) and from funds provided herein, the Federal share 
for all projects for repairs or reconstruction of highways, roads, 
bridges, and trails to respond to damage caused by Hurricanes 
Katrina, Rita, and Wilma shall be 100 percent: Provided further, 
That notwithstanding 23 U.S.C. 125(d)(1), the Secretary of 
Transportation may obligate more than $100,000,000 for such 
projects in a State in a fiscal year, to respond to damage caused 
by Hurricanes Dennis, Katrina, Rita or Wilma and by the 2004–
2005 winter storms in the State of California: Provided further, 
That any amounts in excess of those necessary for emergency 
expenses relating to the above hurricanes may be used for other 
projects authorized under 23 U.S.C. 125: Provided further, That 
such amounts as may be necessary but not to exceed $550,000,000 
may be made available promptly from the funds provided herein 
to pay for other projects authorized under 23 U.S.C. 125 arising 
from natural disasters or catastrophic failures from external causes 
that occurred prior to Hurricane Wilma and that are ready to 
proceed to construction or are eligible for reimbursement: Provided 
further, That the amounts provided under this heading are 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.
H. R. 2863—100
MARITIME ADMINISTRATION 
OPERATIONS AND TRAINING 
For an additional amount for ‘‘Operations and training’’, 
$7,500,000, to remain available until September 30, 2007, for nec-
essary expenses related to the consequences of hurricanes in the 
Gulf of Mexico during calendar year 2005: 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. 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
PUBLIC AND INDIAN HOUSING 
TENANT-BASED RENTAL ASSISTANCE 
For an additional amount for housing vouchers for households 
within the area declared a major disaster under the Robert T. 
Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et 
seq.) resulting from hurricanes in the Gulf of Mexico during cal-
endar year 2005, $390,299,500, to remain available until September 
30, 2007: Provided, That such households shall be limited to those 
which, prior to Hurricanes Katrina or Rita, received assistance 
under section 8 or 9 of the United States Housing Act of 1937 
(Public Law 93–383), section 801 or 811 of the Cranston-Gonzalez 
National Affordable Housing Act (Public Law 101–625), the AIDS 
Housing Opportunity Act (Public Law 101–625), or the Stewart 
B. McKinney Homeless Assistance Act (Public Law 100–77); or 
those which were homeless or in emergency shelters in the declared 
disaster area prior to Hurricanes Katrina or Rita: Provided further, 
That these funds are available for assistance, under section 8(o) 
of the United States Housing Act of 1937: Provided further, That 
in administering assistance under this heading the Secretary of 
Housing and Urban Development may waive requirements for 
income eligibility and tenant contribution under section 8 of such 
Act for up to 18 months: Provided further, That all households 
receiving housing vouchers under this heading shall be eligible 
to reoccupy their previous assisted housing, if and when it becomes 
available: 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. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
For an additional amount for the ‘‘Community development 
fund’’, for necessary expenses related to disaster relief, long-term 
recovery, and restoration of infrastructure in the most impacted 
and distressed areas related to the consequences of hurricanes 
in the Gulf of Mexico in 2005 in States for which the President 
declared a major disaster under title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) in conjunction with Hurricane Katrina, Rita, or Wilma, 
$11,500,000,000, to remain available until expended, for activities
H. R. 2863—101
authorized under title I of the Housing and Community Develop-
ment Act of 1974 (Public Law 93–383): Provided, That no State 
shall receive more than 54 percent of the amount provided under 
this heading: Provided further, That funds provided under this 
heading shall be administered through an entity or entities des-
ignated by the Governor of each State: Provided further, That 
such funds may not be used for activities reimbursable by or for 
which funds are made available by the Federal Emergency Manage-
ment Agency or the Army Corps of Engineers: Provided further, 
That funds allocated under this heading shall not adversely affect 
the amount of any formula assistance received by a State under 
this heading: Provided further, That each State may use up to 
five percent of its allocation for administrative costs: Provided fur-
ther, That Louisiana and Mississippi may each use up to 
$20,000,000 (with up to $400,000 each for technical assistance) 
from funds made available under this heading for LISC and the 
Enterprise Foundation for activities authorized by section 4 of the 
HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in 
effect immediately before June 12, 1997, and for activities author-
ized under section 11 of the Housing Opportunity Program Exten-
sion Act of 1996, including demolition, site clearance and remedi-
ation, and program administration: Provided further, That in admin-
istering the funds under this heading, the Secretary of Housing 
and Urban Development shall waive, or specify alternative require-
ments for, any provision of any statute or regulation that the 
Secretary administers in connection with the obligation by the 
Secretary or the use by the recipient of these funds or guarantees 
(except for requirements related to fair housing, nondiscrimination, 
labor standards, and the environment), upon a request by the 
State that such waiver is required to facilitate the use of such 
funds or guarantees, and a finding by the Secretary that such 
waiver would not be inconsistent with the overall purpose of the 
statute, as modified: Provided further, That the Secretary may 
waive the requirement that activities benefit persons of low and 
moderate income, except that at least 50 percent of the funds 
made available under this heading must benefit primarily persons 
of low and moderate income unless the Secretary otherwise makes 
a finding of compelling need: Provided further, That the Secretary 
shall publish in the Federal Register any waiver of any statute 
or regulation that the Secretary administers pursuant to title I 
of the Housing and Community Development Act of 1974 no later 
than 5 days before the effective date of such waiver: Provided 
further, That every waiver made by the Secretary must be reconsid-
ered according to the three previous provisos on the two-year 
anniversary of the day the Secretary published the waiver in the 
Federal Register: Provided further, That prior to the obligation 
of funds each State shall submit a plan to the Secretary detailing 
the proposed use of all funds, including criteria for eligibility and 
how the use of these funds will address long-term recovery and 
restoration of infrastructure: Provided further, That each State 
will report quarterly to the Committees on Appropriations on all 
awards and uses of funds made available under this heading, 
including specifically identifying all awards of sole-source contracts 
and the rationale for making the award on a sole-source basis: 
Provided further, That the Secretary shall notify the Committees 
on Appropriations on any proposed allocation of any funds and 
any related waivers made pursuant to these provisions under this
H. R. 2863—102
heading no later than 5 days before such waiver is made: Provided 
further, That the Secretary shall establish procedures to prevent 
recipients from receiving any duplication of benefits and report 
quarterly to the Committees on Appropriations with regard to all 
steps taken to prevent fraud and abuse of funds made available 
under this heading including duplication of benefits: Provided fur-
ther, That the amounts provided under this heading 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. 
ADMINISTRATIVE PROVISIONS 
SEC. 901. Notwithstanding provisions of the United States 
Housing Act of 1937 (Public Law 93–383), in order to assist public 
housing agencies located within the most heavily impacted areas 
of Louisiana and Mississippi that are subject to a declaration by 
the President of a major disaster under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) in connection with Hurricane Katrina or Rita, the Secretary 
for calendar year 2006 may authorize a public housing agency 
to combine assistance provided under sections 9(d) and (e) of the 
United States Housing Act of 1937 and assistance provided under 
section 8(o) of such Act, for the purpose of facilitating the prompt, 
flexible and efficient use of funds provided under these sections 
of the Act to assist families who were receiving housing assistance 
under the Act immediately prior to Hurricane Katrina or Rita 
and were displaced from their housing by the hurricanes. 
SEC. 902. To the extent feasible the Secretary of Housing and 
Urban Development shall preserve all housing within the area 
declared a major disaster under the Robert T. Stafford Disaster 
Relief and Emergency Act (42 U.S.C. 5121 et seq.) resulting from 
Hurricane Katrina or Rita that received project-based assistance 
under section 8 or 9 of the United States Housing Act of 1937, 
section 801 or 811 of the Cranston-Gonzalez National Affordable 
Housing Act, the AIDS Housing Opportunity Act, or the Stewart 
B. McKinney Homeless Assistance Act: Provided, That the Secretary 
shall report to the Committees on Appropriations on the status 
of all such housing, including costs associated with any repair 
or rehabilitation, within 120 days of enactment of this Act. 
THE JUDICIARY 
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL 
SERVICES 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and expenses, Courts 
of Appeals, District Courts, and Other Judicial Services’’, 
$18,000,000, to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf 
of Mexico during calendar year 2005: Provided, That notwith-
standing any other provision of law such sums shall be available 
for transfer to accounts within the Judiciary subject to approval 
of the Judiciary operating plan: Provided further, That the amount
H. R. 2863—103
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. 
INDEPENDENT AGENCY 
GENERAL SERVICES ADMINISTRATION 
FEDERAL BUILDINGS FUND 
For an additional amount for ‘‘Federal buildings fund’’, 
$38,000,000, from the general fund and to remain available until 
expended, for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico during calendar year 2005: Pro-
vided, That notwithstanding 40 U.S.C. 3307, the Administrator 
of General Services is authorized to proceed with repairs and alter-
ations for those facilities: Provided further, That the 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. 
TITLE II 
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO 
ADDRESS PANDEMIC INFLUENZA 
CHAPTER 1
DEPARTMENT OF AGRICULTURE 
OFFICE OF THE SECRETARY 
For an additional amount for the ‘‘Office of the Secretary’’, 
related to the detection of and response to highly pathogenic avian 
influenza, including research and development, $11,350,000, to 
remain available until September 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 
Congress), the concurrent resolution on the budget for fiscal year 
2006. 
AGRICULTURAL RESEARCH SERVICE 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, related 
to the detection of and response to highly pathogenic avian 
influenza, including research and development, $7,000,000, to 
remain available until September 30, 2007: Provided, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.
H. R. 2863—104
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION 
SERVICE 
RESEARCH AND EDUCATION ACTIVITIES 
For an additional amount for ‘‘Research and Education Activi-
ties’’, related to the detection of and response to highly pathogenic 
avian influenza, $1,500,000, to remain available until September 
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 Congress), the concurrent resolution 
on the budget for fiscal year 2006. 
ANIMAL AND PLANT HEALTH INSPECTION SERVICE 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, related 
to the detection of and response to highly pathogenic avian 
influenza, $71,500,000, to remain available until September 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 Congress), the concurrent resolution 
on the budget for fiscal year 2006. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
FOOD AND DRUG ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Food and Drug Administration, 
Salaries and Expenses’’, to prepare for and respond to an influenza 
pandemic, $20,000,000, to remain available until September 30, 
2007: Provided, That of the total amount appropriated $18,000,000 
shall be for the Center for Biologics Evaluation and Research and 
for related field activities in the Office of Regulatory Affairs, and 
$2,000,000 shall be for other activities including the Office of the 
Commissioner and the Office of Management: 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 Congress), the concurrent resolution on the budget 
for fiscal year 2006. 
CHAPTER 2
DEPARTMENT OF DEFENSE 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’ for surveillance, communication equipment, and 
assistance to military partner nations in procuring protective equip-
ment, $10,000,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.
H. R. 2863—105
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Program’’ for 
necessary expenses related to vaccine purchases, storage, expanded 
avian influenza surveillance programs, equipment, essential 
information management systems, and laboratory diagnostic equip-
ment, $120,000,000: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
CHAPTER 3
BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT 
CHILD SURVIVAL AND HEALTH PROGRAMS FUND 
For an additional amount for ‘‘Child Survival and Health Pro-
grams Fund’’ for activities related to surveillance, planning, 
preparedness, 
and 
response 
to 
the 
avian 
influenza 
virus, 
$75,200,000, to remain available until expended: Provided, That 
funds appropriated by this paragraph may be obligated and 
expended notwithstanding section 10 of Public Law 91–672: Pro-
vided 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. 
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE 
For an additional amount for ‘‘International Disaster and 
Famine Assistance’’ for the pre-positioning and deployment of essen-
tial supplies and equipment for preparedness and response to the 
avian influenza virus, $56,330,000, to remain available until 
expended: Provided, That funds appropriated by this paragraph 
may be obligated and expended notwithstanding section 10 of Public 
Law 91–672: 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. 
GENERAL PROVISION—THIS CHAPTER 
SEC. 2301. Within 30 days from the date of enactment of 
this Act and every six months thereafter, the Administrator of 
the United States Agency for International Development shall 
submit to the Committees on Appropriations a report which identi-
fies, for all projects funded from amounts appropriated by this 
Act that are administered by that agency, the following: the program 
objectives for each such project, the approximate timeline for 
achieving each of those objectives, the amounts obligated and 
expended for each project, and the current status of program
H. R. 2863—106
performance with reference to identified program objectives and 
the timeline for achieving those objectives. 
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY 
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT 
For an additional amount for ‘‘Office of the Secretary and 
Executive Management’’, $47,283,000, to remain available until 
expended, for necessary expenses to train, plan, and prepare for 
a potential outbreak of highly pathogenic influenza: Provided, That 
these funds may be transferred to other Department of Homeland 
Security appropriations accounts in accordance with section 503 
of Public Law 109–90: 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. 
CHAPTER 5
DEPARTMENT OF THE INTERIOR 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For an additional amount for ‘‘Resource Management’’ for the 
detection of highly pathogenic avian influenza in wild birds, 
including the investigation of morbidity and mortality events, tar-
geted surveillance in live wild birds, and targeted surveillance 
in hunter-taken birds, $7,398,000, 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 Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For an additional amount for ‘‘Operation of the National Park 
System’’ for the detection of highly pathogenic avian influenza in 
wild birds, including the investigation of morbidity and mortality 
events, $525,000, to remain available until September 30, 2007: 
Provided, 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. 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For an additional amount for ‘‘Surveys, Investigations, and 
Research’’ for the detection of highly pathogenic avian influenza 
in wild birds, including the investigation of morbidity and mortality
H. R. 2863—107
events, targeted surveillance in live wild birds, and targeted surveil-
lance in hunter-taken birds, $3,670,000, to remain available until 
September 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 Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
CHAPTER 6
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 Social Services 
Emergency Fund’’ to prepare for and respond to an influenza pan-
demic, including the development and purchase of vaccines, 
antivirals, and necessary medical supplies, and for planning activi-
ties, $3,054,000,000, to remain available until expended: Provided, 
That $350,000,000 shall be for Upgrading State and Local Capacity 
and $50,000,000 shall be for laboratory capacity and research at 
the Centers for Disease Control and Prevention: 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 pan-
demic influenza vaccines and other biologicals, where the Secretary 
finds such a contract necessary to secure sufficient supplies of 
such vaccines or biologicals: Provided further, That the Secretary 
may negotiate a contract with a vendor under which a State may 
place an order with the vendor for antivirals; may reimburse 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 designated under this heading may 
be transferred to other appropriation accounts of the Department 
of Health and Human Services, as determined by the Secretary 
to be appropriate, to be used for the purposes specified in this 
sentence: 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 Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
For an additional amount for ‘‘Public Health and Social Services 
Emergency Fund’’ for activities related to pandemic influenza, 
including international activities and activities in foreign countries, 
related to preparedness planning, enhancing the pandemic influenza 
regulatory science base, accelerating pandemic influenza disease 
surveillance, developing registries to monitor influenza vaccine dis-
tribution and use, and supporting pandemic influenza research, 
clinical trials and clinical trials infrastructure, $246,000,000, of 
which $150,000,000, to remain available until expended, shall be 
for the Centers for Disease Control and Prevention to carry out 
global and domestic disease surveillance, laboratory diagnostics, 
rapid response, and quarantine: Provided, That funds appropriated 
herein and not specifically designated under this heading may 
be transferred to other appropriation accounts of the Department
H. R. 2863—108
of Health and Human Services, as determined by the Secretary 
to be appropriate, to be used for the purposes specified in this 
sentence: 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 Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
CHAPTER 7
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS HEALTH ADMINISTRATION 
MEDICAL SERVICES 
For an additional amount for ‘‘Medical Services’’ for enhanced 
avian influenza surveillance programs, planning functions and 
preparations for the pandemic and to establish real-time surveil-
lance data exchange with the Centers for Disease Control and 
Prevention, $27,000,000: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
CHAPTER 8
DEPARTMENT OF STATE AND RELATED AGENCY 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Diplomatic and Consular Pro-
grams’’ to support avian influenza country coordination, develop-
ment of an avian influenza response plan, diplomatic outreach, 
and health support of United States Government employees, Peace 
Corps volunteers, and eligible family members stationed abroad, 
$16,000,000, to remain available until expended, of which 
$1,100,000 shall be transferred to and merged with appropriations 
for the Peace Corps: Provided, That funds appropriated by this 
paragraph may be obligated and expended notwithstanding section 
15 of the State Department Basic Authorities Act of 1956: Provided 
further, That the amounts provided under this heading are 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. 
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE 
For an additional amount for ‘‘Emergencies in the Diplomatic 
and Consular Service’’ for emergency evacuation support of United 
States Government personnel, Peace Corps volunteers, and depend-
ents in regions affected by the avian influenza, $15,000,000, to 
remain available until expended: Provided, That funds appropriated 
by this paragraph may be obligated and expended notwithstanding
H. R. 2863—109
section 15 of the State Department Basic Authorities Act of 1956: 
Provided further, That notwithstanding section 402 of Public Law 
109–108, upon a determination by the Secretary of State that 
circumstances related to the avian influenza require additional 
funding for activities under this heading, the Secretary of State 
may transfer such amounts to ‘‘Emergencies in the Diplomatic 
and Consular Service’’ from available appropriations for the current 
fiscal year for the Department of State as may be necessary to 
respond to such circumstances: Provided further, That any transfer 
pursuant to the previous proviso shall be treated as a reprogram-
ming of funds under section 605 of Public Law 109–108 and shall 
not be available for obligation or expenditure except in compliance 
with the procedures set forth in that section, except that the 
Committees on Appropriations shall be notified not less than 5 
days in advance of any such reprogramming: 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. 
TITLE III 
RESCISSIONS AND OFFSETS 
CHAPTER 1
DEPARTMENT OF AGRICULTURE 
NATURAL RESOURCES CONSERVATION SERVICE 
CONSERVATION OPERATIONS 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$10,000,000 are rescinded: Provided, That funds for projects or 
activities identified in the Statement of Managers that accompanies 
House Report 109–255, pages 84 through 87, shall not be reduced 
due to such rescission. 
RURAL UTILITIES SERVICE 
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$9,900,000 are rescinded. 
FOOD AND NUTRITION SERVICE 
FOOD STAMP PROGRAM 
(RESCISSION) 
Of unobligated balances available under this heading of funds 
provided pursuant to section 16(h)(1)(A) of the Food Stamp Act 
of 1977, $11,200,000 are rescinded.
H. R. 2863—110
FOREIGN AGRICULTURAL SERVICE 
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$35,000,000 are rescinded. 
CHAPTER 2
DEPARTMENT OF DEFENSE 
OPERATION AND MAINTENANCE 
DISPOSAL OF DEPARTMENT OF DEFENSE REAL PROPERTY 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$45,000,000 are rescinded. 
LEASE OF DEPARTMENT OF DEFENSE REAL PROPERTY 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$30,000,000 are rescinded. 
OVERSEAS MILITARY FACILITY INVESTMENT RECOVERY 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$5,000,000 are rescinded. 
CHAPTER 3
EXPORT-IMPORT BANK OF THE UNITED STATES 
SUBSIDY APPROPRIATION 
(RESCISSION) 
Of the unobligated balances available under this heading in 
Public Law 109–102 and Public Law 108–447, $25,000,000 are 
rescinded. 
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY 
UNITED STATES COAST GUARD 
OPERATING EXPENSES 
(RESCISSION OF FUNDS) 
Of the funds appropriated under this heading in Public Law 
109–90, $260,533,000 are rescinded.
H. R. 2863—111
FEDERAL EMERGENCY MANAGEMENT AGENCY 
DISASTER RELIEF 
(RESCISSION OF FUNDS) 
Of the funds appropriated under this heading in Public Law 
109–62, $23,409,300,000 are rescinded. 
CHAPTER 5
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$500,000 are rescinded. 
UNITED STATES FISH AND WILDLIFE SERVICE 
LANDOWNER INCENTIVE PROGRAM 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$2,000,000 are rescinded. 
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$1,000,000 are rescinded. 
CHAPTER 6
DEPARTMENT OF COMMERCE 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
INDUSTRIAL TECHNOLOGY SERVICES 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$7,000,000 are rescinded. 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$10,000,000 are rescinded.
H. R. 2863—112
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$20,000,000 are rescinded. 
CHAPTER 7
DEPARTMENT OF TRANSPORTATION 
FEDERAL HIGHWAY ADMINISTRATION 
FEDERAL-AID HIGHWAYS 
(HIGHWAY TRUST FUND) 
(RESCISSION) 
Of the unobligated balances of funds apportioned to each State 
under chapter 1 of title 23, United States Code, $1,143,000,000 
are rescinded: Provided, That such rescission shall not apply to 
the funds distributed in accordance with 23 U.S.C. 130(f), 23 U.S.C. 
133(d)(1) as in effect prior to the date of enactment of Public 
Law 109–59, the first sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 
104(b)(5), or 23 U.S.C. 163 as in effect prior to the enactment 
of Public Law 109–59. 
FEDERAL RAILROAD ADMINISTRATION 
EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD 
PASSENGER CORPORATION 
(RESCISSION) 
Of the unobligated balances of amounts made available under 
this heading in Public Law 109–115, $8,300,000 are rescinded: 
Provided, That section 135 of title I of division A of Public Law 
109–115 is repealed. 
CHAPTER 8
GOVERNMENT-WIDE RESCISSIONS 
SEC. 3801. (a) ACROSS-THE-BOARD
RESCISSIONS.—There is 
hereby rescinded an amount equal to 1 percent of—
(1) the budget authority provided (or obligation limit 
imposed) for fiscal year 2006 for any discretionary account 
of this Act and in any other fiscal year 2006 appropriation 
Act; 
(2) the budget authority provided in any advance appropria-
tion for fiscal year 2006 for any discretionary account in any 
prior fiscal year appropriation Act; and 
(3) the contract authority provided in fiscal year 2006 for 
any program subject to limitation contained in any fiscal year 
2006 appropriation Act. 
(b) PROPORTIONATE APPLICATION.—Any rescission made by sub-
section (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget 
authority described in such subsection; and
H. R. 2863—113
(2) within each such account and item, to each program, 
project, and activity (with programs, projects, and activities 
as delineated in the appropriation Act or accompanying reports 
for the relevant fiscal year covering such account or item, 
or for accounts and items not included in appropriation Acts, 
as delineated in the most recently submitted President’s 
budget). 
(c) EXCEPTIONS.—This section shall not apply—
(1) to discretionary budget authority that has been des-
ignated pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal 
year 2006; or 
(2) to discretionary authority appropriated or otherwise 
made available to the Department of Veterans Affairs. 
(d) OMB REPORT.—Within 30 days after the date of the enact-
ment of this section the Director of the Office of Management 
and Budget shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate a report specifying 
the account and amount of each rescission made pursuant to this 
section. 
TITLE IV—HURRICANE EDUCATION 
RECOVERY ACT 
Subtitle A—Elementary and Secondary 
Education Hurricane Relief 
SEC. 101. FINDINGS; DEFINITIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) Hurricane Katrina and Hurricane Rita have had a 
devastating and unprecedented impact on students who 
attended schools in the disaster areas. 
(2) Due to the devastating effects of Hurricane Katrina 
and Hurricane Rita, a significant number of students have 
enrolled in schools outside of the area in which they resided, 
including a significant number of students who enrolled in 
non-public schools because their parents chose to enroll them 
in such schools. 
(3) 372,000 students were displaced by Hurricane Katrina. 
Approximately 700 schools have been damaged or destroyed. 
Nine States each have more than 1,000 of such displaced stu-
dents enrolled in their schools. In Texas alone, over 45,000 
displaced students have enrolled in schools. 
(4) In response to these extraordinary conditions, this sub-
title creates a one-time only emergency grant for the 2005–
2006 school year tailored to the needs and particular cir-
cumstances of students displaced by Hurricane Katrina and 
Hurricane Rita. 
(5) The level and type of assistance provided under this 
subtitle, both for students attending public schools and students 
attending non-public schools, is made available solely because 
of the unprecedented nature of the crisis, the massive disloca-
tion of students, and the short duration of the services or 
assistance.
H. R. 2863—114
(b) DEFINITIONS.—Unless otherwise specified in this subtitle, 
the terms used in this subtitle have the meanings given the terms 
in section 9101 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7801). 
SEC. 102. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS. 
(a) PURPOSE.—It is the purpose of this section— 
(1) to provide immediate services or assistance to local 
educational agencies and non-public schools in Louisiana, Mis-
sissippi, Alabama, and Texas that serve an area in which 
a major disaster has been declared in accordance with section 
401 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina 
or Hurricane Rita; and 
(2) to assist school administrators and personnel of such 
agencies or non-public schools with expenses related to the 
restart of operations in, the re-opening of, and the re-enrollment 
of students in, elementary schools and secondary schools in 
such areas. 
(b) PAYMENTS AUTHORIZED.—From amounts appropriated to 
carry out this subtitle, the Secretary of Education is authorized 
to make payments, on such basis as the Secretary determines 
appropriate, taking into consideration the number of students who 
were enrolled, during the 2004–2005 school year, in elementary 
schools and secondary schools that were closed on September 12, 
2005, as a result of Hurricane Katrina or on October 7, 2005, 
as a result of Hurricane Rita, to State educational agencies in 
Louisiana, Mississippi, Alabama, and Texas to enable such agencies 
to provide services or assistance to local educational agencies or 
non-public schools serving an area in which a major disaster has 
been declared in accordance with section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170), related to Hurricane Katrina or Hurricane Rita. 
(c) ELIGIBILITY, CONSIDERATION, AND EQUITY.—
(1) ELIGIBILITY AND CONSIDERATION.—From the payment 
provided by the Secretary of Education under subsection (b), 
the State educational agency shall provide services and assist-
ance to local educational agencies and non-public schools, con-
sistent with the provisions of this section. In determining the 
amount to be provided for services or assistance under this 
section, the State educational agency shall consider the fol-
lowing: 
(A) The number of school-aged children served by the 
local educational agency or non-public school in the aca-
demic year preceding the academic year for which the 
services or assistance are provided. 
(B) The severity of the impact of Hurricane Katrina 
or Hurricane Rita on the local educational agency or non-
public school and the extent of the needs in each local 
educational agency or non-public school in Louisiana, Mis-
sissippi, Alabama, and Texas that is in an area in which 
a major disaster has been declared in accordance with 
section 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170), related to 
Hurricane Katrina or Hurricane Rita. 
(2) EQUITY.—Educational services and assistance provided 
for eligible non-public school students under paragraph (1) shall
H. R. 2863—115
be equitable in comparison to the educational services and 
other benefits provided for public school students under this 
section, and shall be provided in a timely manner. 
(d) APPLICATIONS.—Each local educational agency or non-public 
school desiring services or assistance under this section shall submit 
an application to the State educational agency at such time, in 
such manner, and accompanied by such information as the State 
educational agency may reasonably require to ensure expedited 
and timely provision of services or assistance to the local educational 
agency or non-public school. 
(e) USES OF FUNDS.— 
(1) IN GENERAL.—A local educational agency or non-public 
school receiving services or assistance from the State edu-
cational agency under this section shall use such services or 
assistance for— 
(A) recovery of student and personnel data, and other 
electronic information; 
(B) replacement of school district information systems, 
including hardware and software; 
(C) financial operations; 
(D) reasonable transportation costs; 
(E) rental of mobile educational units and leasing of 
neutral sites or spaces; 
(F) initial replacement of instructional materials and 
equipment, including textbooks; 
(G) redeveloping instructional plans, including cur-
riculum development; 
(H) initiating and maintaining education and support 
services; and 
(I) such other activities related to the purpose of this 
section that are approved by the Secretary. 
(2) USE WITH OTHER AVAILABLE FUNDS.—A local educational 
agency or non-public school receiving services or assistance 
under this section may use such services or assistance in 
coordination with other Federal, State, or local funds available 
for the activities described in paragraph (1). 
(3) SPECIAL RULES.—
(A) PROHIBITION.—Services or assistance provided 
under this section shall not be used for construction or 
major renovation of schools. 
(B) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES 
OR ASSISTANCE.—Services or assistance provided under this 
section, including equipment and materials, shall be sec-
ular, neutral, and nonideological. 
(f) SUPPLEMENT NOT SUPPLANT.— 
(1) IN GENERAL.—Except as provided in paragraph (2), serv-
ices or assistance made available under this section shall be 
used to supplement, not supplant, any funds made available 
through the Federal Emergency Management Agency or 
through a State. 
(2) EXCEPTION.—Paragraph (1) shall not prohibit the provi-
sion of Federal assistance under this section to an eligible 
State educational agency, local educational agency, or non-
public school that is or may be entitled to receive, from another 
source, benefits for the same purposes as under this section 
if—
H. R. 2863—116
(A) such State educational agency, local educational 
agency, or school has not received such other benefits by 
the time of application for Federal assistance under this 
section; and 
(B) such State educational agency, local educational 
agency, or school agrees to repay all duplicative Federal 
assistance received to carry out the purposes of this section. 
(g) DEFINITION OF NON-PUBLIC SCHOOL.—The term ‘‘non-public 
school’’ means a non-public elementary school or secondary school 
that—
(1) is accredited or licensed or otherwise operates in accord-
ance with State law; and 
(2) was in existence prior to August 22, 2005. 
(h) ASSISTANCE TO NON-PUBLIC SCHOOLS.—
(1) FUNDS AVAILABILITY.—From the payment provided by 
the Secretary of Education under subsection (b) to a State 
educational agency, the State educational agency shall reserve 
an amount of funds, to be made available to non-public schools 
in the State, that is not less than an amount that bears the 
same relation to the payment as the number of non-public 
elementary schools and secondary schools in the State bears 
to the total number of non-public and public elementary schools 
and secondary schools in the State. The number of such schools 
shall be determined by the National Center for Education 
Statistics Common Core of Data for the 2003–2004 school year. 
Such funds shall be used for the provision of services or assist-
ance at non-public schools, except as provided in paragraph 
(2). 
(2) SPECIAL RULE.—If funds made available under para-
graph (1) remain unobligated 120 days after the date of enact-
ment of this Act, such funds may be used to provide services 
or assistance under this section to local educational agencies 
or non-public schools. 
(3) PUBLIC CONTROL OF FUNDS.—The control of funds for 
the services and assistance provided to a non-public school 
under paragraph (1), and title to materials, equipment, and 
property purchased with such funds, shall be in a public agency, 
and a public agency shall administer such funds, materials, 
equipment, and property and shall provide such services (or 
may contract for the provision of such services with a public 
or private entity). 
SEC. 103. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES 
SERVING MAJOR DISASTER AREAS. 
In the case of a local educational agency that serves an area 
in which the President has declared that a major disaster exists 
in accordance with section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170), related 
to Hurricane Katrina or Hurricane Rita, the amount made available 
for such local educational agency under each of sections 1124, 
1124A, 1125, and 1125A of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for 
fiscal year 2006 shall be not less than the amount made available 
for such local educational agency under each of such sections for 
fiscal year 2005. 
SEC. 104. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY. 
(a) TEACHER AND PARAPROFESSIONAL RECIPROCITY.—
H. R. 2863—117
(1) TEACHERS.— 
(A) AFFECTED TEACHER.—In this subsection, the term 
‘‘affected teacher’’ means a teacher who is displaced due 
to Hurricane Katrina or Hurricane Rita and relocates to 
a State that is different from the State in which such 
teacher resided on August 22, 2005. 
(B) RECIPROCITY.—
(i) TEACHERS.—A local educational agency may 
consider an affected teacher hired by such agency who 
is not highly qualified in a core academic subject in 
the State in which such agency is located to be highly 
qualified in the same core academic subject or area, 
for purposes of section 1119 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6319), 
for the 2005–2006 school year, if such teacher was 
highly qualified, consistent with section 9101(23) of 
the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801(23)), on or before August 22, 2005, 
in the State in which such teacher resided on August 
22, 2005. 
(ii) SPECIAL EDUCATION TEACHERS.—A local edu-
cational agency may consider an affected special edu-
cation teacher hired by such agency who is not highly 
qualified in the State in which such agency is located 
to be highly qualified, for purposes of section 612(a)(14) 
of the Individuals with Disabilities Education Act (20 
U.S.C. 1412(a)(14)), for the 2005–2006 school year, if 
such teacher was highly qualified, consistent with sec-
tion 602(10) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401(10)), on or before August 
22, 2005, in the State in which such teacher resided 
on August 22, 2005. 
(2) PARAPROFESSIONAL.— 
(A) AFFECTED PARAPROFESSIONAL.—In this subsection, 
the term ‘‘affected paraprofessional’’ means a paraprofes-
sional who is displaced due to Hurricane Katrina or Hurri-
cane Rita and relocates to a State that is different from 
the State in which such paraprofessional resided on August 
22, 2005. 
(B) RECIPROCITY.—A local educational agency may con-
sider an affected paraprofessional hired by such agency 
who does not satisfy the requirements of section 1119(c) 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6319(c)) in the State in which such agency 
is located to satisfy such requirements, for purposes of 
such section, for the 2005–2006 school year, if such para-
professional satisfied such requirements on or before 
August 22, 2005, in the State in which such paraprofes-
sional resided on August 22, 2005. 
(b) DELAY.—The Secretary of Education may delay, for a period 
not to exceed 1 year, applicability of the requirements of paragraphs 
(2) and (3) of section 1119(a) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6319(a)(2) and (3)) and section 
612(a)(14)(C) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1412(a)(14)(C)) with respect to the States of Alabama, 
Louisiana, Texas, and Mississippi (and local educational agencies 
within the jurisdiction of such States), if any such State or local
H. R. 2863—118
educational agency demonstrates that a failure to comply with 
such requirements is due to exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a precipitous and unfore-
seen decline in the financial resources of local educational agencies 
within the State. 
SEC. 105. REGULATORY AND FINANCIAL RELIEF. 
(a) WAIVER AUTHORITY.—Subject to subsections (b) and (c), 
in providing any grant or other assistance, directly or indirectly, 
to an entity in an affected State in which a major disaster has 
been declared in accordance with section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170), related to Hurricane Katrina or Hurricane Rita, the Secretary 
of Education may, as applicable, waive or modify, in order to ease 
fiscal burdens, any requirement relating to the following: 
(1) Maintenance of effort. 
(2) The use of Federal funds to supplement, not supplant, 
non-Federal funds. 
(3) Any non-Federal share or capital contribution required 
to match Federal funds provided under programs administered 
by the Secretary of Education. 
(b) DURATION.—A waiver under this section shall be for the 
fiscal year 2006. 
(c) LIMITATIONS.— 
(1) RELATION TO IDEA.—Nothing in this section shall be 
construed to waive or modify any provision of the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.). 
(2) MAINTENANCE OF EFFORT.—If the Secretary grants a 
waiver or modification under this section waiving or modifying 
a requirement relating to maintenance of effort for fiscal year 
2006, the level of effort required for fiscal year 2007 shall 
not be reduced because of the waiver or modification. 
SEC. 106. ASSISTANCE FOR HOMELESS YOUTH. 
(a) IN GENERAL.—The Secretary of Education shall provide 
assistance to local educational agencies serving homeless children 
and youths displaced by Hurricane Katrina or Hurricane Rita, 
consistent with section 723 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11433), including identification, enrollment 
assistance, assessment and school placement assistance, transpor-
tation, coordination of school services, supplies, referrals for health, 
mental health, and other needs. 
(b) EXCEPTION AND DISTRIBUTION OF FUNDS.— 
(1) EXCEPTION.—For purposes of providing assistance under 
subsection (a), subsections (c) and (e)(1) of section 722 and 
subsections (b) and (c) of section 723 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 
11433(b) and (c)) shall not apply. 
(2) DISBURSEMENT.—The Secretary of Education shall dis-
burse funding provided under subsection (a) to State edu-
cational agencies based on demonstrated need, as determined 
by the Secretary, and such State educational agencies shall 
distribute funds, that are appropriated under section 109 and 
available to carry out this section, to local educational agencies 
based on demonstrated need, for the purposes of carrying out 
section 723 of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11433).
H. R. 2863—119
SEC. 107. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STU-
DENTS. 
(a) TEMPORARY EMERGENCY IMPACT AID AUTHORIZED.— 
(1) AID TO STATE EDUCATIONAL AGENCIES.—From amounts 
appropriated to carry out this subtitle, the Secretary of Edu-
cation shall provide emergency impact aid to State educational 
agencies to enable the State educational agencies to make 
emergency impact aid payments to eligible local educational 
agencies and eligible BIA-funded schools to enable— 
(A) such eligible local educational agencies and schools 
to provide for the instruction of students served by such 
agencies and schools; and 
(B) such eligible local educational agencies to make 
immediate impact aid payments to accounts established 
on behalf of displaced students (referred to in this section 
as ‘‘accounts’’) who are attending eligible non-public schools 
located in the areas served by the eligible local educational 
agencies. 
(2) AID TO LOCAL EDUCATIONAL AGENCIES AND BIA-FUNDED 
SCHOOLS.—A State educational agency shall make emergency 
impact aid payments to eligible local educational agencies and 
eligible BIA-funded schools in accordance with subsection (d). 
(3) STATE EDUCATIONAL AGENCIES IN CERTAIN STATES.—
In the case of the States of Louisiana and Mississippi, the 
State educational agency shall carry out the activities of eligible 
local educational agencies that are unable to carry out this 
section, including eligible local educational agencies in such 
States for which the State exercises the authorities normally 
exercised by such local educational agencies. 
(4) NOTICE
OF
FUNDS
AVAILABILITY.—Not later than 14 
calendar days after the date of enactment of this Act, the 
Secretary of Education shall publish in the Federal Register 
a notice of the availability of funds under this section. 
(b) DEFINITIONS.—In this section: 
(1) DISPLACED
STUDENT.—The term ‘‘displaced student’’ 
means a student who enrolled in an elementary school or 
secondary school (other than the school that the student was 
enrolled in, or was eligible to be enrolled in, on August 22, 
2005) because such student resides or resided on August 22, 
2005, in an area for which a major disaster has been declared 
in accordance with section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170), related 
to Hurricane Katrina or Hurricane Rita. 
(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGENCIES.—The term 
‘‘eligible local educational agency’’ means a local educational 
agency that serves— 
(A) an elementary school or secondary school (including 
a charter school) in which there is enrolled a displaced 
student; or 
(B) an area in which there is located an eligible non-
public school. 
(3) ELIGIBLE NON-PUBLIC SCHOOL.—The term ‘‘eligible non-
public school’’ means a non-public elementary school or sec-
ondary school that— 
(A) is accredited or licensed or otherwise operates in 
accordance with State law; 
(B) was in existence on August 22, 2005; and
H. R. 2863—120
(C) serves a displaced student on behalf of whom an 
application for an account has been made pursuant to 
subsection (c)(2)(A)(ii). 
(4) ELIGIBLE BIA-FUNDED SCHOOL.—In this section, the term 
‘‘eligible BIA-funded school’’ means a school funded by the 
Bureau of Indian Affairs in which there is enrolled a displaced 
student. 
(c) APPLICATION.— 
(1) STATE
EDUCATIONAL
AGENCY.—A State educational 
agency that desires to receive emergency impact aid under 
this section shall submit an application to the Secretary of 
Education, not later than 7 calendar days after the date by 
which an application under paragraph (2) must be submitted, 
in such manner, and accompanied by such information as the 
Secretary of Education may reasonably require, including— 
(A) information on the total displaced student child 
count of the State provided by eligible local educational 
agencies in the State and eligible BIA-funded schools in 
the State under paragraph (2); 
(B) a description of the process for the parent or 
guardian of a displaced student enrolled in a non-public 
school to indicate to the eligible local educational agency 
serving the area in which such school is located that the 
student is enrolled in such school; 
(C) a description of the procedure to be used by an 
eligible local educational agency in such State to provide 
payments to accounts; 
(D) a description of the process to be used by an eligible 
local educational agency in such State to obtain— 
(i) attestations of attendance of eligible displaced 
students from eligible non-public schools, in order for 
the local educational agency to provide payments to 
accounts on behalf of eligible displaced students; and 
(ii) attestations from eligible non-public schools 
that accounts are used only for the purposes described 
in subsection (e)(1); 
(E) the criteria, including family income, used to deter-
mine the eligibility for and the amount of assistance under 
this section provided on behalf of a displaced student 
attending an eligible non-public school; and 
(F) the student count for displaced students attending 
eligible non-public schools. 
(2) 
LOCAL
EDUCATIONAL
AGENCIES
AND
BIA-FUNDED 
SCHOOLS.—An eligible local educational agency or eligible BIA-
funded school that desires an emergency impact aid payment 
under this section shall submit an application to the State 
educational agency, not later than 14 calendar days after the 
date of the publication of the notice described in subsection 
(a)(4), in such manner, and accompanied by such information 
as the State educational agency may reasonably require, 
including documentation submitted quarterly for the 2005–2006 
school year that indicates the following: 
(A) In the case of an eligible local educational agency— 
(i) the number of displaced students enrolled in 
the 
elementary 
schools 
and 
secondary 
schools 
(including charter schools and including the number
H. R. 2863—121
of displaced students who are children with disabilities) 
served by such agency for such quarter; 
(ii) the number of displaced students for whom 
the eligible local educational agency expects to provide 
payments to accounts under subsection (d)(3) (including 
the number of displaced students who are children 
with disabilities) for such quarter who meet the fol-
lowing criteria—
(I) the displaced student enrolled in an eligible 
non-public school prior to the date of enactment 
of this Act; 
(II) the parent or guardian of the displaced 
student chose to enroll the student in the eligible 
non-public school in which the student is enrolled; 
and 
(III) the parent or guardian of the displaced 
student submitted, in a timely manner that allows 
the local educational agency to meet the docu-
mentation requirements under this paragraph, an 
application requesting that the agency make a pay-
ment to an account on behalf of the student; and 
(iii) an assurance that the local educational agency 
will make payments to accounts within 14 calendar 
days of receipt of funds provided under this section. 
(B) In the case of an eligible BIA-funded school, the 
number of displaced students, including the number of 
displaced students who are children with disabilities, 
enrolled in such school for such quarter. 
(3) DETERMINATION OF NUMBER OF DISPLACED STUDENTS.—
In determining the number of displaced students for a quarter 
under paragraph (2), an eligible local educational agency or 
eligible BIA-funded school shall include the number of displaced 
students served—
(A) in the case of a determination for the first quarterly 
installment, during the quarter prior to the date of enact-
ment of this Act; and 
(B) in the case of a determination for each subsequent 
quarterly installment, during the quarter immediately pre-
ceding the quarter for which the installment is provided. 
(d) AMOUNT OF EMERGENCY IMPACT AID.— 
(1) AID TO STATE EDUCATIONAL AGENCIES.— 
(A) IN GENERAL.—The amount of emergency impact 
aid received by a State educational agency for the 2005–
2006 school year shall equal the sum of— 
(i) the product of the number of displaced students 
(who are not children with disabilities), as determined 
by the eligible local educational agencies and eligible 
BIA-funded schools in the State under subsection (c)(2), 
times $6,000; and 
(ii) the product of the number of displaced students 
who are children with disabilities, as determined by 
the eligible local educational agencies and eligible BIA-
funded schools in the State under subsection (c)(2), 
times $7,500. 
(B) INSUFFICIENT
FUNDS.—If the amount available 
under this section to provide emergency impact aid under 
this subsection is insufficient to pay the full amount that
H. R. 2863—122
a State educational agency is eligible to receive under 
this section, the Secretary of Education shall ratably reduce 
the amount of such emergency impact aid. 
(C) RETENTION
OF
STATE
SHARE.—In the case of a 
State educational agency that has made a payment prior 
to the date of enactment of this Act to a local educational 
agency for the purpose of covering additional costs incurred 
as a result of enrolling a displaced student in a school 
served by the local educational agency, the State edu-
cational agency may retain a portion of the payment 
described in paragraph (2)(A)(ii) that bears the same rela-
tion to the total amount of the payment under such para-
graph as the sum of such prior payments bears to the 
total cost of attendance for all students in that local edu-
cational agency for whom the State educational agency 
made such prior payments, except that a local educational 
agency shall not adjust the level of funding provided to 
accounts under this section based on the State’s retention 
of such amount. 
(2) AID TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES AND 
ELIGIBLE BIA-FUNDED SCHOOLS.— 
(A) QUARTERLY INSTALLMENTS.— 
(i) IN GENERAL.—A State educational agency shall 
provide emergency impact aid payments under this 
section on a quarterly basis for the 2005–2006 school 
year by such dates as determined by the Secretary 
of Education. Such quarterly installment payments 
shall be based on the number of displaced students 
reported under subsection (c)(2) and in the amount 
determined under clause (ii). 
(ii) PAYMENT
AMOUNT.—Each quarterly install-
ment payment under clause (i) shall equal 25 percent 
of the sum of— 
(I) the number of displaced students (who are 
not children with disabilities) reported by the 
eligible local educational agency or eligible BIA-
funded school for such quarter (as determined 
under subsection (c)(2)) times $6,000; and 
(II) the number of displaced students who are 
children with disabilities reported by the eligible 
local educational agency or eligible BIA-funded 
school for such quarter (as determined under sub-
section (c)(2)) times $7,500. 
(iii) TIMELINE.—The Secretary of Education shall 
establish a timeline for quarterly reporting on the 
number of displaced students in order to make the 
appropriate disbursements in a timely manner. 
(iv) INSUFFICIENT FUNDS.—If, for any quarter, the 
amount available under this section to make payments 
under this subsection is insufficient to pay the full 
amount that an eligible local educational agency or 
eligible BIA-funded school is eligible to receive under 
this section, the State educational agency shall ratably 
reduce the amount of such payments. 
(B) MAXIMUM
PAYMENT
TO
ACCOUNT.—In providing 
quarterly payments to an account for the 2005–2006 school 
year on behalf of a displaced student for each quarter
H. R. 2863—123
that such student is enrolled in a non-public school in 
the area served by the agency under paragraph (3), an 
eligible local educational agency may provide not more 
than 4 quarterly payments to such account (each of which 
shall be paid not later than 14 calendar days after the 
date of receipt of each quarterly installment payment 
received under subparagraph (A)), and the aggregate 
amount of such payments shall not exceed the lesser of— 
(i)(I) in the case of a displaced student who is 
not a child with a disability, $6,000; or 
(II) in the case of a displaced student who is a 
child with a disability, $7,500; or 
(ii) the cost of tuition and fees (and transportation 
expenses, if any) at the non-public school for the 2005–
2006 school year. 
(C) LIMITATION.—A non-public school accessing funds 
on behalf of a displaced student under this section must 
waive tuition, or reimburse tuition paid, in an amount 
equal to the amount accessed. 
(3) DISPLACED STUDENTS.—Subject to the succeeding sen-
tence, an eligible local educational agency or eligible BIA-funded 
school receiving emergency impact aid payments under this 
section shall use the payments to provide services and assist-
ance to elementary schools and secondary schools (including 
charter schools) served by such agency, or to such BIA-funded 
school, that enrolled a displaced student. An eligible local edu-
cational agency that receives emergency impact aid payments 
under this section and that serves an area in which there 
is located an eligible non-public school shall, at the request 
of the parent or guardian of a displaced student who meets 
the criteria described in subsection (c)(2)(A)(ii) and who enrolled 
in a non-public school in an area served by the agency, use 
such emergency impact aid payment to provide payment on 
a quarterly basis (but not to exceed the total amount specified 
in subsection (d)(2)(B) for the 2005–2006 school year) to an 
account on behalf of such displaced student. 
(e) USE OF FUNDS.— 
(1) AUTHORIZED USES.—The authorized uses of funds are 
the following: 
(A) Paying the compensation of personnel, including 
teacher aides, in schools enrolling displaced students. 
(B) Identifying and acquiring curricular material, 
including the costs of providing additional classroom sup-
plies, and mobile educational units and leasing sites or 
spaces. 
(C) Basic instructional services for such students, 
including tutoring, mentoring, or academic counseling. 
(D) Reasonable transportation costs. 
(E) Health and counseling services. 
(F) Education and support services. 
(2) 
VERIFICATION
OF
ENROLLMENT
FOR
NON-PUBLIC 
SCHOOLS.—Before providing a quarterly payment to an account, 
the eligible local educational agency shall verify with the parent 
or guardian of a displaced student that such displaced student 
is, or was, enrolled in the non-public school for such quarter. 
(3) PROHIBITION.—Funds received under this section shall 
not be used for construction or major renovation of schools.
H. R. 2863—124
(4) PROVISION OF SPECIAL EDUCATION AND RELATED SERV-
ICES.— 
(A) IN GENERAL.—In the case of a displaced student 
who is a child with a disability, any payment made on 
behalf of such student to an eligible local educational 
agency or any payment available in an account for such 
student, shall be used to pay for special education and 
related services consistent with the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et seq.). 
(B) SPECIAL RULE.— 
(i) RETENTION.—Notwithstanding any other provi-
sion of this section, if an eligible local educational 
agency provides services to a displaced student 
attending an eligible non-public school under section 
612(a)(10) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1412(a)(10)), the eligible local 
educational agency may retain a portion of the assist-
ance received under this section on behalf of such 
student to pay for such services. 
(ii) DETERMINATION OF PORTION.— 
(I) GUIDELINES.—Each State shall issue guide-
lines, not later than 14 calendar days after the 
date of the publication of the notice described in 
subsection (a)(4), that specify the portion of the 
assistance that an eligible local educational agency 
in the State may retain under this subparagraph. 
Each State shall apply such guidelines in a con-
sistent manner throughout the State. 
(II) DETERMINATION OF PORTION.—The portion 
specified in the guidelines shall be based on cus-
tomary costs of providing services under such sec-
tion 612(a)(10) for the local educational agency. 
(C) DEFINITIONS.—In this paragraph: 
(i) SPECIAL EDUCATION; RELATED SERVICES.—The 
terms ‘‘special education’’ and ‘‘related services’’ have 
the meaning given such terms in section 602 of the 
Individuals with Disabilities Education Act (20 U.S.C. 
1401). 
(ii) INDIVIDUALIZED
EDUCATION
PROGRAM.—The 
term ‘‘individualized education program’’ has the 
meaning given the term in section 614(d)(2) of the 
Individuals with Disabilities Education Act (20 U.S.C. 
1414(d)(2)). 
(f) RETURN OF AID.— 
(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR ELIGIBLE BIA-
FUNDED
SCHOOL.—An eligible local educational agency or 
eligible BIA-funded school that receives an emergency impact 
aid payment under this section shall return to the State edu-
cational agency any payment provided to the eligible local edu-
cational agency or school under this section that the eligible 
local educational agency or school has not obligated by the 
end of the 2005–2006 school year in accordance with this sec-
tion. 
(2) STATE
EDUCATIONAL
AGENCY.—A State educational 
agency that receives emergency impact aid under this section, 
shall return to the Secretary of Education—
H. R. 2863—125
(A) any aid provided to the agency under this section 
that the agency has not obligated by the end of the 2005–
2006 school year in accordance with this section; and 
(B) any payment funds returned to the State edu-
cational agency under paragraph (1). 
(g) LIMITATION ON USE OF AID AND PAYMENTS.—Aid and pay-
ments provided under this section shall only be used for expenses 
incurred during the 2005–2006 school year. 
(h) ADMINISTRATIVE EXPENSES.—A State educational agency 
that receives emergency impact aid under this section may use 
not more than 1 percent of such aid for administrative expenses. 
An eligible local educational agency or eligible BIA-funded school 
that receives emergency impact aid payments under this section 
may use not more than 2 percent of such payments for administra-
tive expenses. 
(i) SPECIAL FUNDING RULE.—In calculating funding under sec-
tion 8003 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7703) for an eligible local educational agency that 
receives an emergency impact aid payment under this section, the 
Secretary of Education shall not count displaced students served 
by such agency for whom an emergency impact aid payment is 
received under this section, nor shall such students be counted 
for the purpose of calculating the total number of children in aver-
age daily attendance at the schools served by such agency as pro-
vided 
in 
section 
8003(b)(3)(B)(i) 
of 
such 
Act 
(20 
U.S.C. 
7703(b)(3)(B)(i)). 
(j) NOTICE.—Each State receiving emergency impact aid under 
this section shall provide, to the parent or guardian of each dis-
placed student for whom a payment is made under this section 
to an account who resides in such State, notification that—
(1) such parent or guardian has the option of enrolling 
such student in a public school or a non-public school; and 
(2) the temporary emergency impact aid for displaced stu-
dents provided under this section is temporary and is only 
available for the 2005–2006 school year. 
(k) BYPASS.—For a State in which State law prohibits the 
State from using Federal funds to directly provide services on 
behalf of students attending non-public schools and provides that 
another entity shall provide such services, the Secretary of Edu-
cation shall make such arrangements with that entity. 
(l) REDIRECTION OF FUNDS.—
(1) IN GENERAL.—If a State educational agency or eligible 
local educational agency is unable to carry out this section, 
the Secretary of Education shall make such arrangements with 
the State as the Secretary determines appropriate to carry 
out this section on behalf of displaced students attending an 
eligible non-public school in the area served by such agency. 
(2) SPECIAL RULE.—If an eligible local educational agency 
does not make a payment to an account within 14 calendar 
days of receipt of funds provided under this section, then—
(A) the eligible local educational agency shall return 
the funds received that quarter for such account to the 
State educational agency; and 
(B) the State educational agency shall ensure that 
the proper payment to such account for such quarter is 
made not later than 14 calendar days after the date of 
the receipt of funds under subparagraph (A), before any
H. R. 2863—126
further funds for such account are distributed to the eligible 
local educational agency. 
(m) NONDISCRIMINATION.— 
(1) PROHIBITION.—
(A) IN
GENERAL.—A school that enrolls a displaced 
student under this section shall not discriminate against 
students on the basis of race, color, national origin, religion, 
disability, or sex. 
(B) 
APPLICABILITY.—The 
prohibition 
of 
religious 
discrimination in subparagraph (A) shall not apply with 
regard to enrollment for a non-public school that is con-
trolled by a religious organization or organized and oper-
ated on the basis of religious tenets, except that the prohibi-
tion of religious discrimination shall apply with respect 
to the enrollment of displaced students assisted under this 
section. 
(2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.— 
(A) IN GENERAL.—To the extent consistent with title 
IX of the Education Amendments of 1972 (20 U.S.C. 1681 
et seq.), the prohibition of sex discrimination in paragraph 
(1)(A) shall not apply to a non-public school that is con-
trolled by a religious organization or organized and oper-
ated on the basis of religious tenets if the application 
of paragraph (1)(A) would not be consistent with the reli-
gious tenets of such organization. 
(B) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.—
Notwithstanding paragraph (1)(A) and to the extent con-
sistent with title IX of the Education Amendments of 1972, 
a parent or guardian may choose and a non-public school 
may offer a single sex school, class, or activity. 
(3) GENERAL PROVISION.—Nothing in this subtitle may be 
construed to alter or modify the provisions of the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.), title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 
et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 
et seq.). 
(4) OPT-OUT.—A parent or guardian of a displaced student 
on behalf of whom a payment to an account is made under 
this section shall have the option to have such parent or guard-
ian’s displaced child opt out of religious worship or religious 
classes offered by the non-public school in which such student 
is enrolled and on behalf of whom a payment to an account 
is made under this section. 
(5) RULE OF CONSTRUCTION.—The amount of any payment 
(or other form of support provided on behalf of a displaced 
student) under this section shall not be treated as income 
of a parent or guardian of the student for purposes of Federal 
tax laws or for determining eligibility for any other Federal 
program. 
(m) TREATMENT OF STATE AID.—A State shall not take into 
consideration emergency impact aid payments received under this 
section by a local educational agency in the State in determining 
the eligibility of such local educational agency for State aid, or 
the amount of State aid, with respect to free public education 
of children.
H. R. 2863—127
SEC. 108. SEVERABILITY. 
If any provision of this subtitle, an amendment made by this 
subtitle, or the application of such provision or amendment to 
any person or circumstance is held to be unconstitutional, the 
remainder of this subtitle, the amendments made by this subtitle, 
and the application of the provisions of such to any person or 
circumstance shall not be affected thereby. 
SEC. 109. AUTHORIZATION OF FUNDS. 
There are authorized to be appropriated such sums as may 
be necessary to carry out sections 102, 106, and 107. 
SEC. 110. SUNSET PROVISION. 
Except as provided in section 105, the provisions of this subtitle 
shall be effective for the period beginning on the date of enactment 
of this Act and ending on August 1, 2006. 
Subtitle B—Higher Education Hurricane 
Relief 
SEC. 201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Higher Education Hurricane 
Relief Act of 2005’’. 
SEC. 202. GENERAL WAIVERS AND MODIFICATIONS. 
(a) AUTHORITY.—Notwithstanding any other provision of law, 
unless enacted with specific reference to this section, the Secretary 
is authorized to waive or modify any statutory or regulatory provi-
sion applicable to the student financial assistance programs under 
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 
et seq.), or any student or institutional eligibility provisions in 
the Higher Education Act of 1965, as the Secretary deems necessary 
in connection with a Gulf hurricane disaster to ensure that—
(1) administrative requirements placed on affected stu-
dents, affected individuals, affected institutions, lenders, guar-
anty agencies, and grantees are minimized to the extent pos-
sible without impairing the integrity of the higher education 
programs under the Higher Education Act of 1965, to ease 
the burden on such participants; or 
(2) institutions of higher education, lenders, guaranty agen-
cies, and other entities participating in the student financial 
assistance programs under title IV of the Higher Education 
Act of 1965, that serve an area affected by a Gulf hurricane 
disaster, may be granted temporary relief from requirements 
that are rendered infeasible or unreasonable due to the effects 
of a Gulf hurricane disaster, including due diligence require-
ments and reporting deadlines. 
(b) AUTHORITY TO EXTEND OR WAIVE REPORTING REQUIREMENTS 
UNDER SECTION 131(a).—The Secretary is authorized to extend 
reporting deadlines or waive reporting requirements under section 
131(a) of the Higher Education Act of 1965 (20 U.S.C. 1015(a)) 
for an affected institution. 
(c) CONSTRUCTION.—Nothing in this subtitle shall be con-
strued—
(1) to allow the Secretary to waive or modify any applicable 
statutory or regulatory requirements prohibiting discrimination
H. R. 2863—128
in a program or activity, or in employment or contracting, 
under existing law (in existence on the date of the Secretary’s 
action); or 
(2) to authorize any refunding of any repayment of a loan. 
SEC. 203. MODIFICATION OF PART A OF TITLE II GRANTS AUTHORIZED. 
The Secretary is authorized to approve modifications to the 
requirements for Teacher Quality Enhancement Grants for States 
and Partnerships under part A of title II of the Higher Education 
Act of 1965 (20 U.S.C. 1021 et seq.), at the request of the grantee—
(1) to assist States and local educational agencies to recruit 
and retain highly qualified teachers in a school district located 
in an area affected by a Gulf hurricane disaster; and 
(2) to assist institutions of higher education, located in 
such area to recruit and retain faculty necessary to prepare 
teachers and provide professional development. 
SEC. 204. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR B OF 
TITLE III, AND OTHER GRANTS. 
The Secretary is authorized to modify the required and allow-
able uses of funds under chapters 1 and 2 of subpart 2 of part 
A of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070a et seq., 1070a–21 et seq.), under part A or B of title III 
(20 U.S.C. 1057 et seq., 1060 et seq.), and under any other competi-
tive grant program, at the request of an affected institution or 
other grantee, with respect to affected institutions and other 
grantees located in an area affected by a Gulf hurricane disaster. 
The Secretary may not, under the authority of this section, 
authorize any new construction, renovation, or improvement of 
classrooms, libraries, laboratories, or other instructional facilities 
that is not authorized under the institution’s grant award, as in 
effect on the date of enactment of this Act, under part A or B 
of title III of such Act. 
SEC. 205. PROFESSIONAL JUDGMENT. 
A financial aid administrator shall be considered to be making 
an adjustment in accordance with section 479A(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1087tt(a)) if the financial aid 
administrator makes the adjustment with respect to the calculation 
of the expected student or parent contribution (or both) for an 
affected student, or for a student or a parent who resides or resided 
on August 29, 2005, or was employed on August 29, 2005, in 
an area affected by a Gulf hurricane disaster. The financial aid 
administrator shall adequately document the need for the adjust-
ment. 
SEC. 206. EXPANDING INFORMATION DISSEMINATION REGARDING 
ELIGIBILITY FOR PELL GRANTS. 
(a) IN GENERAL.—The Secretary shall make special efforts, 
in conjunction with State efforts, to notify affected students and 
if applicable, their parents, who qualify for means-tested Federal 
benefit programs, of their potential eligibility for a maximum Pell 
Grant, and shall disseminate such informational materials as the 
Secretary deems appropriate. 
(b) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—For the pur-
pose of this section, the term ‘‘means-tested Federal benefit pro-
gram’’ means a mandatory spending program of the Federal Govern-
ment, other than a program under the Higher Education Act of
H. R. 2863—129
1965, in which eligibility for the program’s benefits, or the amount 
of such benefits, or both, are determined on the basis of income 
or resources of the individual or family seeking the benefit, and 
may include such programs as the supplemental security income 
program under title XVI of the Social Security Act, the food stamp 
program under the Food Stamp Act of 1977, the free and reduced 
price school lunch program established under the Richard B. Russell 
National School Lunch Act, the temporary assistance to needy 
families program established under part A of title IV of the Social 
Security Act, and the women, infants, and children program estab-
lished under section 17 of the Child Nutrition Act of 1966, and 
other programs identified by the Secretary. 
SEC. 207. PROCEDURES. 
(a) REGULATORY REQUIREMENTS INAPPLICABLE.—Sections 482(c) 
and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 
1098a), section 437 of the General Education Provisions Act (20 
U.S.C. 1232), and section 553 of title 5, United States Code, shall 
not apply to this subtitle. 
(b) NOTICE OF WAIVERS, MODIFICATIONS, OR EXTENSIONS.—Not-
withstanding section 437 of the General Education Provisions Act 
(20 U.S.C. 1232) and section 553 of title 5, United States Code, 
the Secretary shall make publicly available the waivers, modifica-
tions, or extensions granted under this subtitle. 
(c) CASE-BY-CASE BASIS.—The Secretary is not required to exer-
cise any waiver or modification authority under this subtitle on 
a case-by-case basis. 
SEC. 208. TERMINATION OF AUTHORITY. 
The authority of the Secretary to issue waivers or modifications 
under this subtitle shall expire at the conclusion of the 2005–
2006 academic year. 
SEC. 209. DEFINITIONS. 
For the purposes of this subtitle, the following terms have 
the following meanings: 
(1) AFFECTED INDIVIDUAL.—The term ‘‘affected individual’’ 
means an individual who has applied for or received student 
financial assistance under title IV of the Higher Education 
Act of 1965, and—
(A) who is an affected student; or 
(B) whose primary place of employment or residency 
was, as of August 29, 2005, in an area affected by a 
Gulf hurricane disaster. 
(2) AFFECTED INSTITUTION.—
(A) IN
GENERAL.—The term ‘‘affected institution’’ 
means an institution of higher education that—
(i) is located in an area affected by a Gulf hurricane 
disaster; and 
(ii) has temporarily ceased operations as a con-
sequence of a Gulf hurricane disaster, as determined 
by the Secretary. 
(B) LENGTH OF TIME.—In determining eligibility for 
assistance under this subtitle, the Secretary, using con-
sistent, objective criteria, shall determine the time period 
for which an institution of higher education is an affected 
institution.
H. R. 2863—130
(C) SPECIAL
RULE.—An organizational unit of an 
affected institution that is not impacted by a Gulf hurricane 
disaster shall not be considered as part of such affected 
institution for purposes of receiving assistance under this 
subtitle. 
(3) AFFECTED STATE.—The term ‘‘affected State’’ means the 
State of Alabama, Florida, Louisiana, Mississippi, or Texas. 
(4) AFFECTED
STUDENT.—The term ‘‘affected student’’ 
means an individual who was enrolled or accepted for enroll-
ment on August 29, 2005, at an affected institution. 
(5) AREA AFFECTED BY A GULF HURRICANE DISASTER.—The 
term ‘‘area affected by a Gulf hurricane disaster’’ means a 
county or parish, in an affected State, that has been designated 
by the Federal Emergency Management Agency for disaster 
assistance for individuals and households as a result of Hurri-
cane Katrina or Hurricane Rita. 
(6) CANCELLED ENROLLMENT PERIOD.—The term ‘‘cancelled 
enrollment period’’ means any period of enrollment at an 
affected institution during the academic year 2005–2006, during 
which students were unable to attend such institution. 
(7) GULF HURRICANE DISASTER.—The term ‘‘Gulf hurricane 
disaster’’ means a major disaster that the President declared 
to exist, in accordance with section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, and that was 
caused by Hurricane Katrina or Hurricane Rita. 
(8) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ means—
(A) an institution covered by the definition of such 
term in section 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001); and 
(B) an institution described in subparagraph (A) or 
(B) of section 102(a)(1) of such Act (20 U.S.C. 1002(a)(1)(A), 
(B)). 
(9) QUALIFIED STUDENT LOAN.—The term ‘‘qualified student 
loan’’ means any loan made, insured, or guaranteed under 
part B, D, or E of title IV of the Higher Education Act of 
1965, other than a loan under section 428B of such title or 
a Federal Direct Plus loan. 
(10) QUALIFIED PARENT LOAN.—The term ‘‘qualified parent 
loan’’ means a loan made under section 428B of title IV of 
the Higher Education Act of 1965 or a Federal Direct Plus 
loan. 
(11) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Education. 
Subtitle C—Education and Related 
Programs Hurricane Relief 
SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE 
INDIVIDUALS WITH DISABILITIES EDUCATION ACT TO 
FACILITATE THE PROVISION OF EDUCATIONAL SERV-
ICES TO CHILDREN WITH DISABILITIES. 
(a) AUTHORITY.—The Secretary of Education may enter into 
an agreement described in subsection (b) with an eligible entity 
to extend certain deadlines under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.) related to providing special
H. R. 2863—131
education and related services, including early intervention services, 
to individuals adversely affected by a Gulf hurricane disaster. 
(b) TERMS OF AGREEMENTS.—An agreement referred to in sub-
section (a) is an agreement with an eligible entity made in accord-
ance with subsection (e) that may extend the applicable deadlines 
under one or more of the following sections: 
(1) Section 611(e)(3)(C)(ii) of such Act, by extending up 
to an additional 60 days the 90 day deadline for developing 
a State plan for the high cost fund. 
(2) Section 612(a)(15)(C) of such Act, by extending up to 
an additional 60 days the deadline for submission of the annual 
report to the Secretary of Education and the public regarding 
the progress of the State and of children with disabilities in 
the State. 
(3) Section 612(a)(16)(D) of such Act, by extending up to 
an additional 60 days the deadline for making available reports 
regarding the participation in assessments and the performance 
on such assessments of children with disabilities. 
(4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up 
to an additional 30 days the 60 day deadline for the initial 
evaluation to determine whether a child is a child with a 
disability for purposes of the provision of special education 
and related services to such child. 
(5) Section 616(b)(1)(A) of such Act, by extending up to 
an additional 60 days the deadline for finalization of the State 
performance plan. 
(6) Section 641(e)(1)(D) of such Act, by extending up to 
an additional 60 days the deadline for submission to the Gov-
ernor of a State and the Secretary of Education of the report 
on the status of early intervention programs for infants and 
toddlers with disabilities and their families operated within 
the State. 
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed—
(1) as permitting the waiver of—
(A) any applicable Federal civil rights law; 
(B) any student or family privacy protections, including 
provisions requiring parental consent for evaluations and 
services; 
(C) any procedural safeguards required under section 
615 or section 639 of the Individuals with Disabilities Edu-
cation Act; or 
(D) any requirements not specified in subsection (b) 
of this section; or 
(2) as removing the obligation of the eligible entity to 
provide a child with a disability or an infant or toddler with 
a disability and their families—
(A) a free appropriate public education under part B 
of the Individuals with Disabilities Education Act; or 
(B) early intervention services under part C of such 
Act. 
(d) DURATION OF AGREEMENT.—An agreement under this sec-
tion shall terminate at the conclusion of the 2005–2006 academic 
year. 
(e) REQUEST TO ENTER INTO AGREEMENT.—To enter into an 
agreement under this section, an eligible entity shall submit a
H. R. 2863—132
request to the Secretary of Education at such time, in such manner, 
and containing such information as the Secretary may require. 
SEC. 302. HEAD START AND CHILD CARE AND DEVELOPMENT BLOCK 
GRANT. 
(a) HEAD START.—
(1) TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES.—
From the amount made available for Head Start in this Act, 
the Secretary of Health and Human Services shall provide 
training and technical assistance, guidance, and resources 
through the Region 4 and Region 6 offices of the Administration 
for Children and Families (and may provide training and tech-
nical assistance, guidance, and resources through other regional 
offices of the Administration, at the request of such offices 
that administer affected Head Start agencies and Early Head 
Start entities) to Head Start agencies and Early Head Start 
entities in areas affected by a Gulf hurricane disaster, and 
to affected Head Start agencies and Early Head Start entities, 
to assist the agencies and entities involved to address the 
health and counseling needs of infants, toddlers, and young 
children affected by a Gulf hurricane disaster. Such training 
and technical assistance may be provided by contract or 
cooperative agreement with qualified national, regional, or local 
providers. 
(2) WAIVER.—For such period up to September 30, 2006, 
and to such extent as the Secretary considers appropriate, 
the Secretary of Health and Human Services—
(A) may waive section 640(b) of the Head Start Act 
for Head Start agencies located in an area affected by 
a Gulf hurricane disaster, and other affected Head Start 
agencies and Early Head Start agencies; and 
(B) shall waive requirements of documentation for 
individuals adversely affected by a Gulf hurricane disaster 
who participate in a Head Start program or an Early 
Head Start program funded under the Head Start Act. 
(b) CHILD CARE AND DEVELOPMENT BLOCK GRANT.—
(1) CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 
1990.—For such period up to September 30, 2006, and to such 
extent as the Secretary considers to be appropriate, the Sec-
retary of Health and Human Services may waive, for any 
affected State, and any State serving significant numbers of 
individuals adversely affected by a Gulf hurricane disaster, 
provisions of the Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9858 et seq.)—
(A) relating to Federal income limitations on eligibility 
to receive child care services for which assistance is pro-
vided under such Act; 
(B) relating to work requirements applicable to eligi-
bility to receive child care services for which assistance 
is provided under such Act; 
(C) relating to limitations on the use of funds under 
section 658G of the Child Care and Development Block 
Grant Act of 1990; 
(D) preventing children designated as evacuees from 
receiving priority for child care services provided under 
such Act, except that children residing in a State and
H. R. 2863—133
currently receiving services should not lose such services 
to accommodate evacuee children; and 
(E) relating to any non-Federal or capital contribution 
required (including copayment or other cost sharing by 
parents receiving child care assistance) to match Federal 
funds provided under programs administered by the Sec-
retary of Health and Human Services; 
(2) TECHNICAL ASSISTANCE AND GUIDANCE.—The Secretary 
may provide assistance to States for the purpose of providing 
training, technical assistance, and guidance to eligible child 
care providers (as defined in section 658P of the Child Care 
and Development Block Grant Act of 1990) who are licensed 
and regulated, as applicable, by the States, to enable such 
providers to provide child care services for children and families 
described in paragraph (1). Such training and technical assist-
ance may be provided through intermediary organizations, 
including those with demonstrated experience in providing 
training and technical assistance to programs serving school-
age children up to age 13, involved in reinstituting child care 
services on a broad scale in areas affected by a Gulf hurricane 
disaster. 
SEC. 303. DEFINITIONS. 
(a) IN GENERAL.—Unless otherwise specified in this subtitle, 
the terms used in this subtitle have the meanings given the terms 
in section 9101 of the Elementary and Secondary Education Act 
of 1965. 
(b) ADDITIONAL DEFINITIONS.—For the purposes of this subtitle: 
(1) AFFECTED HEAD START AGENCIES AND EARLY HEAD START 
AGENCIES.—The term ‘‘affected Head Start Agencies and Early 
Head Start Agencies’’ means a Head Start agency receiving 
a significant number of children from an area in which a 
Gulf hurricane disaster has been declared. 
(2) AFFECTED STATE.—The term ‘‘affected State’’ means the 
State of Alabama, Florida, Louisiana, Mississippi, or Texas. 
(3) AREA AFFECTED BY A GULF HURRICANE DISASTER.—The 
term ‘‘area affected by a Gulf hurricane disaster’’ means a 
county or parish, in an affected State, that has been designated 
by the Federal Emergency Management Agency for disaster 
assistance for individuals and households as a result of Hurri-
cane Katrina or Hurricane Rita. 
(4) CHILD WITH A DISABILITY.—The term ‘‘child with a dis-
ability’’ has the meaning given such term in section 602(3) 
of the Individuals with Disabilities Education Act. 
(5) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a local educational agency (as defined in section 
602(19) of the Individuals with Disabilities Education Act) 
if such agency is located in a State or in an area of 
a State with respect to which the President has declared 
that a Gulf hurricane disaster exists; 
(B) a State educational agency (as defined in section 
602(32) of such Act) if such agency is located in a State 
with respect to which the President has declared that a 
Gulf hurricane disaster exists; or 
(C) a State interagency coordinating council established 
under section 641 of such Act if such council is located
H. R. 2863—134
in a State with respect to which the President has declared 
that a Gulf hurricane disaster exists. 
(6) GULF HURRICANE DISASTER.—The term ‘‘Gulf hurricane 
disaster’’ means a major disaster that the President declared 
to exist, in accordance with section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, and that was 
caused by Hurricane Katrina or Hurricane Rita. 
(7) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’—
(A) in the case of a special education teacher, has 
the meaning given such term in section 602 of the Individ-
uals with Disabilities Education Act; and 
(B) in the case of any other elementary, middle, or 
secondary school teacher, has the meaning given such term 
in section 9101 of the Elementary and Secondary Education 
Act of 1965. 
(8) INDIVIDUAL ADVERSELY AFFECTED BY A GULF HURRICANE 
DISASTER.—The term ‘‘individual adversely affected by a Gulf 
hurricane disaster’’ means an individual who, on August 29, 
2005, was living, working, or attending school in an area in 
which the President has declared to exist a Gulf hurricane 
disaster. 
(9) INFANT
OR
TODDLER
WITH
A
DISABILITY.—The term 
‘‘infant or toddler with a disability’’ has the meaning given 
such term in section 632(5) of the Individuals with Disabilities 
Education Act. 
TITLE V 
GENERAL PROVISIONS AND TECHNICAL CORRECTIONS 
SEC. 5001. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 
SEC. 5002. Except as expressly provided otherwise, any ref-
erence to ‘‘this Act’’ contained in either division A or division B 
shall be treated as referring only to the provisions of that division. 
SEC. 5003. Effective upon the enactment of this Act, none 
of the funds appropriated or otherwise made available by the 2001 
Emergency Supplemental Appropriations Act for Recovery from and 
Response to Terrorist Attacks on the United States (Public Law 
107–38) shall be transferred to or from the Emergency Response 
Fund. 
SEC. 5004. Title I of the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations 
Act, 2006 (Public Law 109–97) is amended in the paragraph under 
the heading ‘‘Cooperative State Research, Education, and Extension 
Service, Research and Education Activities’’ (109 Stat. 2126) by 
inserting ‘‘, to remain available until expended’’ after ‘‘for a veteri-
nary medicine loan repayment program pursuant to section 1415A 
of the National Agricultural Research, Extension, and Teaching 
Policy Act of 1977 (7 U.S.C. 3101 et seq.), $500,000’’. 
SEC. 5005. Section 207 of division C of Public Law 108–447 
is amended by inserting ‘‘, and any effects of inflation thereon,’’ 
after the word ‘‘increase’’. 
SEC. 5006. The matter under the heading ‘‘Water and Related 
Resources’’ in Public Law 109–103 is amended by inserting before 
the period at the end the following: ‘‘: Provided further, That
H. R. 2863—135
$10,000,000 of the funds appropriated under this heading shall 
be deposited in the San Gabriel Basin Restoration Fund established 
by section 110 of title I of appendix D of Public Law 106–554’’. 
SEC. 5007. The funds appropriated in Public Law 109–103 
under the heading ‘‘Bureau of Reclamation, Water and Related 
Resources’’ for the Placer County, California Sub-Regional Waste-
water Treatment Project are hereby transferred to and merged 
with the amount appropriated in such public law under the heading 
‘‘Corps of Engineers—Civil, Construction’’, and shall be used for 
the construction of such project under the same terms and condi-
tions that would have been applicable if such funds had originally 
been appropriated to the Corps of Engineers. 
SEC. 5008. Section 118 of Public Law 109–103 is amended 
by striking ‘‘106–541’’ and inserting ‘‘106–53’’ in lieu thereof. 
SEC. 5009. Public Law 109–103 is amended under the heading 
‘‘Corps of Engineers—Civil, Investigations’’, by striking ‘‘Provided 
further, That using $8,000,000’’ and all that follows to the end 
of the paragraph, and inserting in lieu thereof, ‘‘Provided further, 
That using $8,000,000 of the funds provided herein, the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to conduct a comprehensive hurricane protection analysis and 
design at full federal expense to develop and present a full range 
of flood control, coastal restoration, and hurricane protection meas-
ures exclusive of normal policy considerations for South Louisiana 
and the Secretary shall submit a preliminary technical report for 
comprehensive Category 5 protection within 6 months of enactment 
of this Act and a final technical report for Category 5 protection 
within 24 months of enactment of this Act: Provided further, That 
the Secretary shall consider providing protection for a storm surge 
equivalent to a Category 5 hurricane within the project area and 
may submit reports on component areas of the larger protection 
program for authorization as soon as practicable: Provided further, 
That the analysis shall be conducted in close coordination with 
the State of Louisiana and its appropriate agencies.’’. 
SEC. 5010. Funds made available under the heading ‘‘Construc-
tion, Rehabilitation, Operation and Maintenance, Western Area 
Power Administration’’ in Public Law 109–103 shall be available 
for the operation, maintenance, and purchase, through transfer, 
exchange, or sale, of one helicopter for replacement only. 
SEC. 5011. (a) In addition to the amounts provided elsewhere 
in this Act, $50,000,000 is hereby appropriated to the Department 
of Labor, to remain available until expended, for payment to the 
New York State Uninsured Employers Fund for reimbursement 
of claims related to the September 11, 2001, terrorist attacks on 
the United States and for reimbursement of claims related to the 
first response emergency services personnel who were injured, were 
disabled, or died due to such terrorist attacks. 
(b) In addition to the amounts provided elsewhere in this Act, 
$75,000,000 is hereby appropriated to the Centers for Disease Con-
trol and Prevention, to remain available until expended, for pur-
poses related to the September 11, 2001, terrorist attacks on the 
United States. In expending such funds, the Director of the Centers 
for Disease Control and Prevention shall: (1) give first priority 
to existing programs that administer baseline and follow-up 
screening, clinical examinations, or long-term medical health moni-
toring, analysis, or treatment for emergency services personnel 
or rescue and recovery personnel, as coordinated by the Mount
H. R. 2863—136
Sinai Center for Occupational and Environmental Medicine of New 
York City, the New York City Fire Department’s Bureau of Health 
Services and Counseling Services Unit, the New York City Police 
Foundation’s Project COPE, the Police Organization Providing Peer 
Assistance of New York City, and the New York City Department 
of Health and Mental Hygiene’s World Trade Center Health Reg-
istry; and (2) give secondary priority to similar programs coordi-
nated by other entities working with the State of New York and 
New York City. 
(c) Each amount appropriated in 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. 
SEC. 5012. The Flexibility for Displaced Workers Act (Public 
Law 109–72) is amended by striking ‘‘Hurricane Katrina’’ each 
place it appears and inserting ‘‘hurricanes in the Gulf of Mexico 
in calendar year 2005’’. 
SEC. 5013. Section 124 of Public Law 109–114 is amended 
by inserting before the period at the end the following: ‘‘: Provided 
further, That nothing in this section precludes the Secretary of 
a military department, after notifying the congressional defense 
committees and waiting 21 days, from using funds derived under 
section 2601, chapter 403, chapter 603, or chapter 903 of title 
10, United States Code, for the maintenance or repair of General 
and Flag Officer Quarters at the military service academy under 
the jurisdiction of that Secretary: Provided further, That each Sec-
retary of a military department shall provide an annual report 
by February 15 to the congressional defense committees on the 
amount of funds that were derived under section 2601, chapter 
403, chapter 603, or chapter 903 of title 10, United States Code 
in the previous year and were obligated for the construction, 
improvement, repair, or maintenance of any military facility or 
infrastructure’’. 
SEC. 5014. Section 128 of Public Law 109–114 is amended 
as follows—
(1) by inserting after ‘‘support’’ the following: ‘‘a continuing 
mission or function at that installation or’’; and 
(2) by inserting after the last period the following: ‘‘This 
section shall not apply to military construction projects, land 
acquisition, or family housing projects for which the project 
is vital to the national security or the protection of health, 
safety, or environmental quality: Provided, That the Secretary 
of Defense shall notify the congressional defense committees 
within seven days of a decision to carry out such a military 
construction project.’’. 
SEC. 5015. The amount provided for ‘‘Military Construction, 
Army’’ in Public Law 109–114 is hereby reduced by $8,100,000 
for the Special Operations Free Fall Simulator at Yuma Proving 
Ground, Arizona. 
The amount provided for ‘‘Military Construction, Army’’ in 
Public Law 109–114 is hereby increased by $8,100,000 for the 
Upgrade Wastewater Treatment Plant at Yuma Proving Ground, 
Arizona. 
SEC. 5016. The last paragraph of Public Law 109–114 is 
amended by inserting ‘‘Military Construction,’’ before ‘‘Military 
Quality’’.
H. R. 2863—137
SEC. 5017. (a) Section 613 of Public Law 109–108 is amended 
by striking ‘‘$500,000 shall be for a grant to Warren County, Vir-
ginia, for a community enhancement project;’’ and inserting 
‘‘$250,000 shall be for a grant to Warren County, Virginia, for 
a community enhancement project; $250,000 shall be for a grant 
to The ARC of Loudoun County for land acquisition and construc-
tion;’’. 
(b) Section 619(a) of division B in Public Law 108–447 is 
amended by striking ‘‘$50,000 shall be available for a grant for 
the Promesa Foundation in the Bronx, New York, to provide commu-
nity growth funding;’’ and inserting ‘‘$50,000 shall be available 
for a grant to the Promesa Foundation to provide financial assist-
ance to New York area families and organizations under a youth 
sports and recreational initiative;’’. 
(c) Section 621 of division B in Public Law 108–199 is amended 
by striking ‘‘$200,000 shall be available for a grant for the Promesa 
Foundation in South Bronx, New York, to provide community 
growth funding;’’ and inserting ‘‘$200,000 shall be available for 
a grant to the Promesa Foundation to provide financial assistance 
to New York area families and organizations under a youth sports 
and recreational initiative;’’. 
(d) Section 625 of division B in Public Law 108–7 is amended 
by striking ‘‘$200,000 shall be available for a grant for the Promesa 
Foundation in South Bronx, New York to provide community growth 
funding;’’ and inserting ‘‘$200,000 shall be available for a grant 
to the Promesa Foundation to provide financial assistance to New 
York area families and organizations under a youth sports and 
recreational initiative;’’. 
SEC. 5018. Public Law 109–108 is amended under the heading 
‘‘State and Local Law Enforcement Assistance’’ in subparagraph 
4 by striking ‘‘authorized by subpart 2 of part E, of title I of 
the 1968 Act, notwithstanding the provisions of section 511 of 
said Act’’. 
(TRANSFER OF FUNDS) 
SEC. 5019. The unobligated and unexpended balances of the 
amount appropriated under the heading ‘‘United States-Canada 
Railroad Commission’’ by chapter 9 of title II of Public Law 107–
20 shall be transferred as a direct lump-sum payment to the Univer-
sity of Alaska. 
SEC. 5020. The matter under the heading ‘‘Federal Transit 
Administration, capital investment grants’’ in title I of division 
A of Public Law 109–115 is amended by striking ‘‘Virginia, 
$26,000,000’’ and inserting ‘‘Virginia, $30,000,000’’; by striking 
‘‘Ohio, $24,770,000’’ and inserting ‘‘Ohio, $24,774,513’’; and by 
striking ‘‘Metro, Pennsylvania, $2,000,000’’ and inserting ‘‘Metro, 
Pennsylvania, $4,000,000’’. 
SEC. 5021. For purposes of compliance with section 205 of 
Public Law 109–115, a reduction in taxpayer service shall include, 
but not be limited to, any reduction in available hours of telephone 
taxpayer assistance on a daily, weekly and monthly basis below 
the levels in existence during the month of October 2005. 
SEC. 5022. The referenced statement of the managers under 
the heading ‘‘Community development fund’’ in Public Law 108–
447 is amended with respect to item number 145 by striking 
‘‘Putnam County, Missouri’’ and inserting ‘‘Sullivan County, Mis-
souri’’.