H. R. 2863—54
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force Reserve’’, $5,000,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Army National Guard’’, $183,000,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Air National Guard’’, $7,200,000. 
IRAQ FREEDOM FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
an 
additional 
amount 
for 
‘‘Iraq 
Freedom 
Fund’’, 
$4,658,686,000, to remain available for transfer until September 
30, 2007, only to support operations in Iraq or Afghanistan and 
classified activities: Provided, That the Secretary of Defense may 
transfer the funds provided herein to appropriations for military 
personnel; operation and maintenance; Overseas Humanitarian, 
Disaster, and Civic Aid; procurement; research, development, test 
and evaluation; and working capital funds: Provided further, That 
of the amounts provided under this heading, $3,048,686,000 shall 
only be for classified programs, described in further detail in the 
classified annex accompanying this Act: Provided further, That up 
to $100,000,000 shall be available for the Department of Homeland 
Security, ‘‘United States Coast Guard, Operating Expenses’’: Pro-
vided further, That not less than $1,360,000,000 shall be available 
for the Joint IED Defeat Task Force: Provided further, That funds 
transferred shall be merged with and be available for the same 
purposes and for the same time period as the appropriation or 
fund to which transferred: Provided further, That this transfer 
authority is in addition to any other transfer authority available 
to the Department of Defense: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That the Secretary of Defense shall, not fewer than 5 
days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any 
such transfer: Provided further, That the Secretary shall submit 
a report no later than 30 days after the end of each fiscal quarter 
to the congressional defense committees summarizing the details 
of the transfer of funds from this appropriation. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, Army’’, 
$232,100,000, to remain available until September 30, 2008.
H. R. 2863—55
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, Army’’, 
$55,000,000, to remain available until September 30, 2008. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For an additional amount for ‘‘Procurement of Weapons and 
Tracked Combat Vehicles, Army’’, $860,190,000, to remain available 
until September 30, 2008. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Ammunition, 
Army’’, $273,000,000, to remain available until September 30, 2008. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, Army’’, 
$3,174,900,000, to remain available until September 30, 2008. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, Navy’’, 
$138,837,000, to remain available until September 30, 2008. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procurement, Navy’’, 
$116,900,000, to remain available until September 30, 2008. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Procurement of Ammunition, 
Navy and Marine Corps’’, $38,885,000, to remain available until 
September 30, 2008. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, Navy’’, 
$49,100,000, to remain available until September 30, 2008. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine Corps’’, 
$1,710,145,000, to remain available until September 30, 2008. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 
$115,300,000, to remain available until September 30, 2008. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, Air Force’’, 
$17,000,000, to remain available until September 30, 2008.
H. R. 2863—56
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, Air Force’’, 
$17,500,000, to remain available until September 30, 2008. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, Defense-Wide’’, 
$182,075,000, to remain available until September 30, 2008. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For an additional amount for ‘‘National Guard and Reserve 
Equipment’’, $1,000,000,000, to remain available until September 
30, 2008. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Army’’, $13,100,000, to remain available until Sep-
tember, 30, 2007. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Air Force’’, $12,500,000, to remain available until 
September, 30, 2007. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Defense-Wide’’, $25,000,000, to remain available 
until September 30, 2007. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working Capital Funds’’, 
$2,516,400,000. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
For an additional amount for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’, $27,620,000. 
GENERAL PROVISIONS 
SEC. 9001. Appropriations provided in this title are available 
for obligation until September 30, 2006, unless otherwise so pro-
vided in this title. 
SEC. 9002. Notwithstanding any other provision of law or of 
this Act, funds made available in this title are in addition to 
amounts provided elsewhere in this Act.
H. R. 2863—57
(TRANSFER OF FUNDS) 
SEC. 9003. Upon his determination that such action is necessary 
in the national interest, the Secretary of Defense may transfer 
between appropriations up to $2,500,000,000 of the funds made 
available to the Department of Defense in this title: Provided, 
That the Secretary shall notify the Congress promptly of each 
transfer made pursuant to the authority in this section: Provided 
further, That the authority provided in this section is in addition 
to any other transfer authority available to the Department of 
Defense and is subject to the same terms and conditions as the 
authority provided in section 8005 of this Act. 
SEC. 9004. Funds appropriated in this title, or made available 
by the transfer of funds in or pursuant to this title, for intelligence 
activities are deemed to be specifically authorized by the Congress 
for purposes of section 504 of the National Security Act of 1947 
(50 U.S.C. 414). 
SEC. 9005. None of the funds provided in this title may be 
used to finance programs or activities denied by Congress in fiscal 
years 2005 or 2006 appropriations to the Department of Defense 
or to initiate a procurement or research, development, test and 
evaluation new start program without prior written notification 
to the congressional defense committees. 
SEC. 9006. Notwithstanding any other provision of law, of the 
funds made available in this title to the Department of Defense 
for operation and maintenance, not to exceed $500,000,000 may 
be used by the Secretary of Defense, with the concurrence of the 
Secretary of State, to train, equip and provide related assistance 
only to military or security forces of Iraq and Afghanistan to 
enhance their capability to combat terrorism and to support United 
States military operations in Iraq and Afghanistan: Provided, That 
such assistance may include the provision of equipment, supplies, 
services, training, and funding: Provided further, That the authority 
to provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations: Provided further, 
That the Secretary of Defense shall notify the congressional defense 
committees, the Committee on International Relations of the House 
of Representatives, and the Committee on Foreign Relations of 
the Senate not less than 15 days before providing assistance under 
the authority of this section. 
SEC. 9007. (a) From funds made available in this title to the 
Department of Defense, not to exceed $500,000,000 may be used, 
notwithstanding any other provision of law, to fund the Com-
mander’s Emergency Response Program, for the purpose of enabling 
military commanders in Iraq to respond to urgent humanitarian 
relief and reconstruction requirements within their areas of respon-
sibility by carrying out programs that will immediately assist the 
Iraqi people, and to fund a similar program to assist the people 
of Afghanistan. 
(b) QUARTERLY REPORTS.—Not later than 15 days after the 
end of each fiscal year quarter (beginning with the first quarter 
of fiscal year 2006), the Secretary of Defense shall submit to the 
congressional defense committees a report regarding the source 
of funds and the allocation and use of funds during that quarter 
that were made available pursuant to the authority provided in 
this section or under any other provision of law for the purposes 
of the programs under subsection (a).
H. R. 2863—58
SEC. 9008. Amounts provided in this title for operations in 
Iraq and Afghanistan may be used by the Department of Defense 
for the purchase of up to 20 heavy and light armored vehicles 
for force protection purposes, notwithstanding price or other limita-
tions specified elsewhere in this Act, or any other provision of 
law: Provided, That the Secretary of Defense shall submit a report 
in writing no later than 30 days after the end of each fiscal quarter 
notifying the congressional defense committees of any purchase 
described in this section, including the cost, purposes, and quantities 
of vehicles purchased. 
SEC. 9009. During the current fiscal year, funds available to 
the Department of Defense for operation and maintenance may 
be used, notwithstanding any other provision of law, to provide 
supplies, services, transportation, including airlift and sealift, and 
other logistical support to coalition forces supporting military and 
stability operations in Iraq and Afghanistan: Provided, That the 
Secretary of Defense shall provide quarterly reports to the congres-
sional defense committees regarding support provided under this 
section. 
SEC. 9010. (a) Not later than 60 days after the date of the 
enactment of this Act and every 90 days thereafter through the 
end of fiscal year 2006, the Secretary of Defense shall set forth 
in a report to Congress a comprehensive set of performance indica-
tors and measures for progress toward military and political sta-
bility in Iraq. 
(b) The report shall include performance standards and goals 
for security, economic, and security force training objectives in 
Iraq together with a notional timetable for achieving these goals. 
(c) In specific, the report requires, at a minimum, the following: 
(1) With respect to stability and security in Iraq, the fol-
lowing: 
(A) Key measures of political stability, including the 
important political milestones that must be achieved over 
the next several years. 
(B) The primary indicators of a stable security environ-
ment in Iraq, such as number of engagements per day, 
numbers of trained Iraqi forces, and trends relating to 
numbers and types of ethnic and religious-based hostile 
encounters. 
(C) An assessment of the estimated strength of the 
insurgency in Iraq and the extent to which it is composed 
of non-Iraqi fighters. 
(D) A description of all militias operating in Iraq, 
including the number, size, equipment strength, military 
effectiveness, sources of support, legal status, and efforts 
to disarm or reintegrate each militia. 
(E) Key indicators of economic activity that should 
be considered the most important for determining the pros-
pects of stability in Iraq, including—
(i) unemployment levels; 
(ii) electricity, water, and oil production rates; and 
(iii) hunger and poverty levels. 
(F) The criteria the Administration will use to deter-
mine when it is safe to begin withdrawing United States 
forces from Iraq. 
(2) With respect to the training and performance of security 
forces in Iraq, the following:
H. R. 2863—59
(A) The training provided Iraqi military and other 
Ministry of Defense forces and the equipment used by 
such forces. 
(B) Key criteria for assessing the capabilities and readi-
ness of the Iraqi military and other Ministry of Defense 
forces, goals for achieving certain capability and readiness 
levels (as well as for recruiting, training, and equipping 
these forces), and the milestones and notional timetable 
for achieving these goals. 
(C) The operational readiness status of the Iraqi mili-
tary forces, including the type, number, size, and organiza-
tional structure of Iraqi battalions that are—
(i) capable of conducting counterinsurgency oper-
ations independently; 
(ii) capable of conducting counterinsurgency oper-
ations with the support of United States or coalition 
forces; or 
(iii) not ready to conduct counterinsurgency oper-
ations. 
(D) The rates of absenteeism in the Iraqi military 
forces and the extent to which insurgents have infiltrated 
such forces. 
(E) The training provided Iraqi police and other Min-
istry of Interior forces and the equipment used by such 
forces. 
(F) Key criteria for assessing the capabilities and readi-
ness of the Iraqi police and other Ministry of Interior 
forces, goals for achieving certain capability and readiness 
levels (as well as for recruiting, training, and equipping), 
and the milestones and notional timetable for achieving 
these goals, including—
(i) the number of police recruits that have received 
classroom training and the duration of such instruc-
tion; 
(ii) the number of veteran police officers who have 
received classroom instruction and the duration of such 
instruction; 
(iii) the number of police candidates screened by 
the Iraqi Police Screening Service, the number of can-
didates derived from other entry procedures, and the 
success rates of those groups of candidates; 
(iv) the number of Iraqi police forces who have 
received field training by international police trainers 
and the duration of such instruction; and 
(v) attrition rates and measures of absenteeism 
and infiltration by insurgents. 
(G) The estimated total number of Iraqi battalions 
needed for the Iraqi security forces to perform duties now 
being undertaken by coalition forces, including defending 
the borders of Iraq and providing adequate levels of law 
and order throughout Iraq. 
(H) The effectiveness of the Iraqi military and police 
officer cadres and the chain of command. 
(I) The number of United States and coalition advisors 
needed to support the Iraqi security forces and associated 
ministries.
H. R. 2863—60
(J) An assessment, in a classified annex if necessary, 
of United States military requirements, including planned 
force rotations, through the end of calendar year 2006. 
SEC. 9011. Supervision and administration costs associated with 
a construction project funded with appropriations available for oper-
ation and maintenance, and executed in direct support of the Global 
War on Terrorism only in Iraq and Afghanistan, may be obligated 
at the time a construction contract is awarded: Provided, That 
for the purpose of this section, supervision and administration 
costs include all in-house Government costs. 
SEC. 9012. Amounts appropriated or otherwise made available 
in this title are designated as making appropriations for contingency 
operations related to the global war on terrorism pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution 
on the budget for fiscal year 2006. 
TITLE X—MATTERS RELATING TO 
DETAINEES 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Detainee Treatment Act of 
2005’’. 
SEC. 1002. UNIFORM STANDARDS FOR THE INTERROGATION OF PER-
SONS UNDER THE DETENTION OF THE DEPARTMENT OF 
DEFENSE. 
(a) IN GENERAL.—No person in the custody or under the effec-
tive control of the Department of Defense or under detention in 
a Department of Defense facility shall be subject to any treatment 
or technique of interrogation not authorized by and listed in the 
United States Army Field Manual on Intelligence Interrogation. 
(b) APPLICABILITY.—Subsection (a) shall not apply with respect 
to any person in the custody or under the effective control of 
the Department of Defense pursuant to a criminal law or immigra-
tion law of the United States. 
(c) CONSTRUCTION.—Nothing in this section shall be construed 
to affect the rights under the United States Constitution of any 
person in the custody or under the physical jurisdiction of the 
United States. 
SEC. 1003. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREAT-
MENT OR PUNISHMENT OF PERSONS UNDER CUSTODY 
OR CONTROL OF THE UNITED STATES GOVERNMENT. 
(a) IN GENERAL.—No individual in the custody or under the 
physical control of the United States Government, regardless of 
nationality or physical location, shall be subject to cruel, inhuman, 
or degrading treatment or punishment. 
(b) CONSTRUCTION.—Nothing in this section shall be construed 
to impose any geographical limitation on the applicability of the 
prohibition against cruel, inhuman, or degrading treatment or 
punishment under this section. 
(c) LIMITATION ON SUPERSEDURE.—The provisions of this section 
shall not be superseded, except by a provision of law enacted 
after the date of the enactment of this Act which specifically repeals, 
modifies, or supersedes the provisions of this section.
H. R. 2863—61
(d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISH-
MENT DEFINED.—In this section, the term ‘‘cruel, inhuman, or 
degrading treatment or punishment’’ means the cruel, unusual, 
and inhumane treatment or punishment prohibited by the Fifth, 
Eighth, and Fourteenth Amendments to the Constitution of the 
United States, as defined in the United States Reservations, Dec-
larations and Understandings to the United Nations Convention 
Against Torture and Other Forms of Cruel, Inhuman or Degrading 
Treatment or Punishment done at New York, December 10, 1984. 
SEC. 1004. PROTECTION OF UNITED STATES GOVERNMENT PER-
SONNEL ENGAGED IN AUTHORIZED INTERROGATIONS. 
(a) PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL.—
In any civil action or criminal prosecution against an officer, 
employee, member of the Armed Forces, or other agent of the 
United States Government who is a United States person, arising 
out of the officer, employee, member of the Armed Forces, or other 
agent’s engaging in specific operational practices, that involve deten-
tion and interrogation of aliens who the President or his designees 
have determined are believed to be engaged in or associated with 
international terrorist activity that poses a serious, continuing 
threat to the United States, its interests, or its allies, and that 
were officially authorized and determined to be lawful at the time 
that they were conducted, it shall be a defense that such officer, 
employee, member of the Armed Forces, or other agent did not 
know that the practices were unlawful and a person of ordinary 
sense and understanding would not know the practices were unlaw-
ful. Good faith reliance on advice of counsel should be an important 
factor, among others, to consider in assessing whether a person 
of ordinary sense and understanding would have known the prac-
tices to be unlawful. Nothing in this section shall be construed 
to limit or extinguish any defense or protection otherwise available 
to any person or entity from suit, civil or criminal liability, or 
damages, or to provide immunity from prosecution for any criminal 
offense by the proper authorities. 
(b) COUNSEL.—The United States Government may provide 
or employ counsel, and pay counsel fees, court costs, bail, and 
other expenses incident to the representation of an officer, employee, 
member of the Armed Forces, or other agent described in subsection 
(a), with respect to any civil action or criminal prosecution arising 
out of practices described in that subsection, under the same condi-
tions, and to the same extent, to which such services and payments 
are authorized under section 1037 of title 10, United States Code. 
SEC. 1005. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE 
THE UNITED STATES. 
(a) SUBMITTAL
OF
PROCEDURES
FOR
STATUS
REVIEW
OF 
DETAINEES AT GUANTANAMO BAY, CUBA, AND IN AFGHANISTAN AND 
IRAQ.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committee on Armed Services and the Committee 
on the Judiciary of the Senate and the Committee on Armed 
Services and the Committee on the Judiciary of the House 
of Representatives a report setting forth— 
(A) the procedures of the Combatant Status Review 
Tribunals and the Administrative Review Boards estab-
lished by direction of the Secretary of Defense that are
H. R. 2863—62
in operation at Guantanamo Bay, Cuba, for determining 
the status of the detainees held at Guantanamo Bay or 
to provide an annual review to determine the need to 
continue to detain an alien who is a detainee; and 
(B) the procedures in operation in Afghanistan and 
Iraq for a determination of the status of aliens detained 
in the custody or under the physical control of the Depart-
ment of Defense in those countries. 
(2) DESIGNATED CIVILIAN OFFICIAL.—The procedures sub-
mitted to Congress pursuant to paragraph (1)(A) shall ensure 
that the official of the Department of Defense who is designated 
by the President or Secretary of Defense to be the final review 
authority within the Department of Defense with respect to 
decisions of any such tribunal or board (referred to as the 
‘‘Designated Civilian Official’’) shall be a civilian officer of the 
Department of Defense holding an office to which appointments 
are required by law to be made by the President, by and 
with the advice and consent of the Senate. 
(3) CONSIDERATION
OF
NEW
EVIDENCE.—The procedures 
submitted under paragraph (1)(A) shall provide for periodic 
review of any new evidence that may become available relating 
to the enemy combatant status of a detainee. 
(b) CONSIDERATION OF STATEMENTS DERIVED WITH COERCION.— 
(1) ASSESSMENT.—The procedures submitted to Congress 
pursuant to subsection (a)(1)(A) shall ensure that a Combatant 
Status Review Tribunal or Administrative Review Board, or 
any similar or successor administrative tribunal or board, in 
making a determination of status or disposition of any detainee 
under such procedures, shall, to the extent practicable, assess— 
(A) whether any statement derived from or relating 
to such detainee was obtained as a result of coercion; 
and 
(B) the probative value (if any) of any such statement. 
(2) APPLICABILITY.—Paragraph (1) applies with respect to 
any proceeding beginning on or after the date of the enactment 
of this Act. 
(c) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary 
of Defense shall submit to the committees specified in subsection 
(a)(1) a report on any modification of the procedures submitted 
under subsection (a). Any such report shall be submitted not later 
than 60 days before the date on which such modification goes 
into effect. 
(d) ANNUAL REPORT.— 
(1) REPORT
REQUIRED.—The Secretary of Defense shall 
submit to Congress an annual report on the annual review 
process for aliens in the custody of the Department of Defense 
outside the United States. Each such report shall be submitted 
in unclassified form, with a classified annex, if necessary. The 
report shall be submitted not later than December 31 each 
year. 
(2) ELEMENTS OF REPORT.—Each such report shall include 
the following with respect to the year covered by the report: 
(A) The number of detainees whose status was 
reviewed. 
(B) The procedures used at each location. 
(e) JUDICIAL REVIEW OF DETENTION OF ENEMY COMBATANTS.—
H. R. 2863—63
(1) IN GENERAL.—Section 2241 of title 28, United States 
Code, is amended by adding at the end the following: 
‘‘(e) Except as provided in section 1005 of the Detainee Treat-
ment Act of 2005, no court, justice, or judge shall have jurisdiction 
to hear or consider— 
‘‘(1) an application for a writ of habeas corpus filed by 
or on behalf of an alien detained by the Department of Defense 
at Guantanamo Bay, Cuba; or 
‘‘(2) any other action against the United States or its agents 
relating to any aspect of the detention by the Department 
of Defense of an alien at Guantanamo Bay, Cuba, who— 
‘‘(A) is currently in military custody; or 
‘‘(B) has been determined by the United States Court 
of Appeals for the District of Columbia Circuit in accord-
ance with the procedures set forth in section 1005(e) of 
the Detainee Treatment Act of 2005 to have been properly 
detained as an enemy combatant.’’. 
(2) REVIEW OF DECISIONS OF COMBATANT STATUS REVIEW 
TRIBUNALS OF PROPRIETY OF DETENTION.— 
(A) IN GENERAL.—Subject to subparagraphs (B), (C), 
and (D), the United States Court of Appeals for the District 
of Columbia Circuit shall have exclusive jurisdiction to 
determine the validity of any final decision of a Combatant 
Status Review Tribunal that an alien is properly detained 
as an enemy combatant. 
(B) LIMITATION
ON
CLAIMS.—The jurisdiction of the 
United States Court of Appeals for the District of Columbia 
Circuit under this paragraph shall be limited to claims 
brought by or on behalf of an alien— 
(i) who is, at the time a request for review by 
such court is filed, detained by the Department of 
Defense at Guantanamo Bay, Cuba; and 
(ii) for whom a Combatant Status Review Tribunal 
has been conducted, pursuant to applicable procedures 
specified by the Secretary of Defense. 
(C) SCOPE OF REVIEW.—The jurisdiction of the United 
States Court of Appeals for the District of Columbia Circuit 
on any claims with respect to an alien under this paragraph 
shall be limited to the consideration of— 
(i) whether the status determination of the 
Combatant Status Review Tribunal with regard to such 
alien was consistent with the standards and procedures 
specified by the Secretary of Defense for Combatant 
Status Review Tribunals (including the requirement 
that the conclusion of the Tribunal be supported by 
a preponderance of the evidence and allowing a rebut-
table presumption in favor of the Government’s evi-
dence); and 
(ii) to the extent the Constitution and laws of 
the United States are applicable, whether the use of 
such standards and procedures to make the determina-
tion is consistent with the Constitution and laws of 
the United States. 
(D) TERMINATION
ON
RELEASE
FROM
CUSTODY.—The 
jurisdiction of the United States Court of Appeals for the 
District of Columbia Circuit with respect to the claims 
of an alien under this paragraph shall cease upon the
H. R. 2863—64
release of such alien from the custody of the Department 
of Defense. 
(3) REVIEW
OF
FINAL
DECISIONS
OF
MILITARY
COMMIS-
SIONS.— 
(A) IN GENERAL.—Subject to subparagraphs (B), (C), 
and (D), the United States Court of Appeals for the District 
of Columbia Circuit shall have exclusive jurisdiction to 
determine the validity of any final decision rendered pursu-
ant to Military Commission Order No. 1, dated August 
31, 2005 (or any successor military order). 
(B) GRANT OF REVIEW.—Review under this paragraph— 
(i) with respect to a capital case or a case in 
which the alien was sentenced to a term of imprison-
ment of 10 years or more, shall be as of right; or 
(ii) with respect to any other case, shall be at 
the discretion of the United States Court of Appeals 
for the District of Columbia Circuit. 
(C) LIMITATION ON APPEALS.—The jurisdiction of the 
United States Court of Appeals for the District of Columbia 
Circuit under this paragraph shall be limited to an appeal 
brought by or on behalf of an alien— 
(i) who was, at the time of the proceedings pursu-
ant to the military order referred to in subparagraph 
(A), detained by the Department of Defense at Guanta-
namo Bay, Cuba; and 
(ii) for whom a final decision has been rendered 
pursuant to such military order. 
(D) SCOPE OF REVIEW.—The jurisdiction of the United 
States Court of Appeals for the District of Columbia Circuit 
on an appeal of a final decision with respect to an alien 
under this paragraph shall be limited to the consideration 
of— 
(i) whether the final decision was consistent with 
the standards and procedures specified in the military 
order referred to in subparagraph (A); and 
(ii) to the extent the Constitution and laws of 
the United States are applicable, whether the use of 
such standards and procedures to reach the final deci-
sion is consistent with the Constitution and laws of 
the United States. 
(4) RESPONDENT.—The Secretary of Defense shall be the 
named respondent in any appeal to the United States Court 
of Appeals for the District of Columbia Circuit under this 
subsection. 
(f) CONSTRUCTION.—Nothing in this section shall be construed 
to confer any constitutional right on an alien detained as an enemy 
combatant outside the United States. 
(g) UNITED STATES DEFINED.—For purposes of this section, 
the term ‘‘United States’’, when used in a geographic sense, is 
as defined in section 101(a)(38) of the Immigration and Nationality 
Act and, in particular, does not include the United States Naval 
Station, Guantanamo Bay, Cuba. 
(h) EFFECTIVE DATE.— 
(1) IN GENERAL.—This section shall take effect on the date 
of the enactment of this Act. 
(2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY 
COMMISSION DECISIONS.—Paragraphs (2) and (3) of subsection
H. R. 2863—65
(e) shall apply with respect to any claim whose review is 
governed by one of such paragraphs and that is pending on 
or after the date of the enactment of this Act. 
SEC. 1006. TRAINING OF IRAQI FORCES REGARDING TREATMENT OF 
DETAINEES. 
(a) REQUIRED POLICIES.— 
(1) IN GENERAL.—The Secretary of Defense shall ensure 
that policies are prescribed regarding procedures for military 
and civilian personnel of the Department of Defense and con-
tractor personnel of the Department of Defense in Iraq that 
are intended to ensure that members of the Armed Forces, 
and all persons acting on behalf of the Armed Forces or within 
facilities of the Armed Forces, ensure that all personnel of 
Iraqi military forces who are trained by Department of Defense 
personnel and contractor personnel of the Department of 
Defense receive training regarding the international obligations 
and laws applicable to the humane detention of detainees, 
including protections afforded under the Geneva Conventions 
and the Convention Against Torture. 
(2) ACKNOWLEDGMENT OF TRAINING.—The Secretary shall 
ensure that, for all personnel of the Iraqi Security Forces who 
are provided training referred to in paragraph (1), there is 
documented acknowledgment of such training having been pro-
vided. 
(3) DEADLINE FOR POLICIES TO BE PRESCRIBED.—The policies 
required by paragraph (1) shall be prescribed not later than 
180 days after the date of the enactment of this Act. 
(b) ARMY FIELD MANUAL.— 
(1) TRANSLATION.—The Secretary of Defense shall provide 
for the United States Army Field Manual on Intelligence 
Interrogation to be translated into arabic and any other lan-
guage the Secretary determines appropriate for use by members 
of the Iraqi military forces. 
(2) DISTRIBUTION.—The Secretary of Defense shall provide 
for such manual, as translated, to be provided to each unit 
of the Iraqi military forces trained by Department of Defense 
personnel or contractor personnel of the Department of Defense. 
(c) TRANSMITTAL OF REGULATIONS.—Not less than 30 days after 
the date on which regulations, policies, and orders are first pre-
scribed under subsection (a), the Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives copies 
of such regulations, policies, or orders, together with a report on 
steps taken to the date of the report to implement this section. 
(d) ANNUAL REPORT.—Not less than one year after the date 
of the enactment of this Act, and annually thereafter, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a report on the implementation of this section. 
This division may be cited as the ‘‘Department of Defense 
Appropriations Act, 2006’’.
H. R. 2863—66
DIVISION B 
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO AD-
DRESS HURRICANES IN THE GULF OF MEXICO AND PAN-
DEMIC INFLUENZA, 2006
That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, to address hurricanes 
in the Gulf of Mexico and pandemic influenza for the fiscal year 
ending September 30, 2006, and for other purposes, namely: 
TITLE I 
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO 
ADDRESS HURRICANES IN THE GULF OF MEXICO 
CHAPTER 1
DEPARTMENT OF AGRICULTURE 
EXECUTIVE OPERATIONS 
WORKING CAPITAL FUND 
For necessary expenses of ‘‘Working Capital Fund’’ related to 
the consequences of Hurricane Katrina, $35,000,000, 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. 
AGRICULTURAL RESEARCH SERVICE 
BUILDINGS AND FACILITIES 
For an additional amount for ‘‘Buildings and Facilities’’, 
$9,200,000, to remain available until September 30, 2007, for nec-
essary expenses related to the consequences of Hurricane Katrina: 
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. 
RURAL DEVELOPMENT PROGRAMS 
RURAL COMMUNITY ADVANCEMENT PROGRAM 
For the cost of grants for the water, waste disposal, and waste-
water facilities programs authorized under section 306(a) and 306A 
of the Consolidated Farm and Rural Development Act, $45,000,000: 
Provided, That funds made available under this paragraph shall 
remain available until expended to respond to damage caused by 
hurricanes that occurred during the 2005 calendar year: 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—67
RURAL HOUSING SERVICE 
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 
For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 
1949 to respond to damage caused by hurricanes that occurred 
during the 2005 calendar year to be available from the Rural 
Housing Insurance Fund, as follows: $1,468,696,000 for loans to 
section 502 borrowers, as determined by the Secretary, of which 
$175,593,000 shall be for direct loans and of which $1,293,103,000 
shall be for unsubsidized guaranteed loans; and $34,188,000 for 
section 504 housing repair loans. 
For the cost of direct and guaranteed loans, including the 
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows, to remain available until 
expended: section 502 loans, $35,000,000, of which $20,000,000 
shall be for direct loans, and of which $15,000,000 shall be for 
unsubsidized guaranteed loans; and section 504 housing repair 
loans, $10,000,000: 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. 
RURAL HOUSING ASSISTANCE GRANTS 
For an additional amount for grants for very low-income 
housing repairs as authorized by 42 U.S.C. 1474 to respond to 
damage caused by hurricanes that occurred during the 2005 cal-
endar year, $20,000,000, to remain available until expended: 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: Provided further, That these funds are not 
subject to any age limitation. 
RURAL UTILITIES SERVICE 
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM 
ACCOUNT 
For gross obligations for the principal amount of direct rural 
telecommunication loans as authorized by section 306 of the Rural 
Electrification Act of 1936 to respond to damage caused by hurri-
canes that occurred during the 2005 calendar year, $50,000,000, 
as determined by the Secretary. 
For the cost of loan modifications to rural electric loans made 
or guaranteed under the Rural Electrification Act of 1936 to respond 
to damage caused by hurricanes that occurred during the 2005 
calendar year, $8,000,000, to remain available until expended: 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.
H. R. 2863—68
FOOD AND NUTRITION SERVICE 
COMMODITY ASSISTANCE PROGRAM 
For an additional amount for ‘‘Commodity Assistance Program’’ 
for necessary expenses related to the consequences of Hurricane 
Katrina, $10,000,000, to remain available until expended, of which 
$6,000,000 shall be for The Emergency Food Assistance Program 
and $4,000,000 shall be for the Commodity Supplemental Food 
Program: Provided, That notwithstanding any other provisions of 
the Emergency Food Assistance Act of 1983 (the ‘‘Act’’), the Sec-
retary may allocate additional foods and funds for administrative 
expenses from resources specifically appropriated, transferred, or 
reprogrammed to restore to states resources used to assist families 
and individuals displaced by the hurricanes of calendar year 2005 
among the states without regard to sections 204 and 214 of the 
Act: Provided further, That such programs may operate in any 
area where emergency feeding organizations develop a program 
to provide temporary emergency nonprofit food service to families 
and individuals displaced by the hurricanes of calendar year 2005: 
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. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 101. EMERGENCY CONSERVATION PROGRAM. (a) IN GEN-
ERAL.—There is hereby appropriated $199,800,000, to remain avail-
able until expended, to provide assistance under the emergency 
conservation program established under title IV of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2201 et seq.) for expenses resulting 
from hurricanes that occurred during the 2005 calendar year. 
(b) ASSISTANCE
TO NURSERY, OYSTER, AND POULTRY PRO-
DUCERS.—In carrying out this section, the Secretary shall make 
payments to nursery, oyster, and poultry producers to pay for 
up to 90 percent of the cost of emergency measures to rehabilitate 
public and private oyster reefs or farmland damaged by hurricanes 
that occurred during the 2005 calendar year, including the cost 
of—
(1) cleaning up structures, such as barns and poultry 
houses; 
(2) providing water to livestock; 
(3) in the case of nursery producers, removing debris, such 
as nursery structures, shade-houses, and above-ground irriga-
tion facilities; 
(4) in the case of oyster producers, refurbishing oyster 
beds; and 
(5) in the case of poultry producers, removing poultry house 
debris, including carcasses. 
(c) POULTRY RECOVERY ASSISTANCE.—
(1) IN GENERAL.—The Secretary shall not use more than 
$20,000,000 of the funds made available under this section 
to provide assistance to poultry growers who suffered uninsured 
losses to poultry houses in counties affected by hurricanes 
that occurred during the 2005 calendar year.
H. R. 2863—69
(2) LIMITATIONS.—The amount of assistance provided to 
a poultry grower under this subsection may not exceed the 
lesser of—
(A) 50 percent of the total costs associated with the 
reconstruction or repair of a poultry house; or 
(B) $50,000 for each poultry house. 
(3) LIMIT ON AMOUNT OF ASSISTANCE.—The total amount 
of assistance provided under this subsection, and any indem-
nities for losses to a poultry house paid to a poultry grower, 
may not exceed 90 percent of the total costs associated with 
the reconstruction or repair of a poultry house. 
(d) ASSISTANCE
TO PRIVATE NONINDUSTRIAL FOREST LAND-
OWNERS.—
(1) ELIGIBILITY.—To be eligible to receive a payment under 
this section, a private nonindustrial forest landowner shall 
(as determined by the Secretary)—
(A) have suffered a loss of, or damage to, at least 
35 percent of forest acres on commercial forest land of 
the forest landowner in a county affected by hurricanes 
that occurred during the 2005 calendar year, or a related 
condition; and 
(B) during the 5-year period beginning on the date 
of the loss—
(i) reforest the lost forest acres, in accordance with 
a plan approved by the Secretary that is appropriate 
for the forest type; 
(ii) use best management practices on the forest 
land of the landowner, in accordance with the best 
management practices of the Secretary for the 
applicable State; and 
(iii) exercise good stewardship on the forest land 
of the landowner, while maintaining the land in a 
forested state. 
(2) PROGRAM.—The Secretary shall make payments under 
this subsection to private nonindustrial forest landowners to 
pay for up to 75 percent of the cost of reforestation, rehabilita-
tion, and related measures, except that the amount of assist-
ance provided under this subsection shall not exceed $150 
per acre. 
(e) ELIGIBILITY.—Failure to comply with subtitle C of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) shall 
not prevent an agricultural producer from receiving assistance 
under this section. 
(f) EMERGENCY DESIGNATION.—The amount provided under this 
section is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
SEC. 102. EMERGENCY WATERSHED PROTECTION PROGRAM. (a) 
IN GENERAL.—There is hereby appropriated $300,000,000, to remain 
available until expended, to provide assistance under the emergency 
watershed protection program established under section 403 of the 
Agricultural Credit Act of 1978 (16 U.S.C. 2203) to repair damages 
resulting from hurricanes that occurred during the 2005 calendar 
year. 
(b) ASSISTANCE.—In carrying out this section, the Secretary 
shall make payments to landowners and land users to pay for 
up to 75 percent of the cost resulting from damage caused by
H. R. 2863—70
hurricanes that occurred during the 2005 calendar year, or a related 
condition, including the cost of—
(1) cleaning up structures on private land; and 
(2) reimbursing private nonindustrial forest landowners 
for costs associated with downed timber removal, except that 
the amount of assistance provided under this paragraph shall 
not exceed $150 per acre. 
(c) Notwithstanding any other provision of law, the Secretary, 
acting through the Natural Resources Conservation Service, using 
funds made available under this section may provide financial 
and technical assistance to remove and dispose of debris and animal 
carcasses that could adversely affect health and safety on non-
Federal land in a hurricane-affected county. 
(d) EMERGENCY DESIGNATION.—The amount provided under 
this section is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
SEC. 103. Notwithstanding any other provision of law, funds 
appropriated under this Act to the Secretary of Agriculture may 
be used to reimburse accounts of the Secretary that have been 
used to pay costs incurred to respond to damage caused by hurri-
canes that occurred during the 2005 calendar year if those costs 
could have been paid with such appropriated funds if such costs 
had arisen after the date of enactment of this Act. 
SEC. 104. Funds provided for hurricanes that occurred during 
the 2005 calendar year under the headings, ‘‘Rural Housing Insur-
ance Fund’’ and ‘‘Rural Housing Assistance Grants’’, may be trans-
ferred between such accounts at the Secretary’s discretion. 
SEC. 105. (a) Notwithstanding any other provision of this title, 
with respect to the counties affected by hurricanes in the 2005 
calendar year and for any individuals who resided in such counties 
at the time of the disaster the Secretary of Agriculture may, for 
a 6-month period that begins upon the date of the enactment 
of this Act—
(1) convert rental assistance under section 521 of the 
Housing Act of 1949 (42 U.S.C. 1490a) allocated for a property 
that is not decent, safe, and sanitary because of the disaster 
into rural housing vouchers authorized under title V of the 
Housing Act of 1949; 
(2) guarantee loans under section 502(h) of the Housing 
Act of 1949 (42 U.S.C. 1472(h)) to—
(A) repair and rehabilitate single-family residences; 
and 
(B) refinance any loan made to a single-family resident 
used to acquire or construct the single-family residence 
if such residence meets the requirements of subparagraphs 
(A), (B), and (C) of section 502(h)(4) of the Housing Act 
of 1949 (42 U.S.C. 1472(h)(4)); 
(3) waive the application of the rural area or similar limita-
tions under any program funded through an appropriations 
act and administered by the Rural Development Mission Area; 
(4) issue housing vouchers under section 542 of the Housing 
Act of 1949 (42 U.S.C. 1490r), except that—
(A) notwithstanding the first sentence of subsection 
(a) of section 542 of such Act, the Secretary may assist 
low-income families and persons whose residence has
H. R. 2863—71
become uninhabitable or inaccessible as a result of a 2005 
hurricane; and 
(B) subsection (b) of such section 542 of such Act shall 
not apply; 
(5) provide loans, loan guarantees and grants from the 
Renewable Energy System and Energy Efficiency Improvements 
Program authorized in section 9006 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8106) to any rural 
business—
(A) with a cost share requirement not to exceed 50 
percent; 
(B) without regard to any limitation of the grant 
amount; and 
(C) which may include businesses processing unsegre-
gated solid waste and paper, as determined by the Sec-
retary; 
(6) provide grants under the Value-added Agricultural 
Product Market Development Grant Program and Rural 
Cooperative Development Grant Program without regard to 
any grant amount limitations or matching requirements; and 
(7) provide grants under the Community Facilities Grant 
Program without regard to any graduated funding require-
ments, grant amount limitations or matching requirements. 
(b) The funds made available under this section 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. 
SEC. 106. Section 759 of the Agriculture, Rural Development, 
Food and Drug Administration and Related Agencies Appropriations 
Act, 2006 (Public Law 109–97) is amended to read as follows: 
‘‘SEC. 759. None of the funds appropriated or otherwise made 
available under this or any other Act shall be used to pay the 
salaries and expenses of personnel to expend more than $12,000,000 
of the funds initially made available for fiscal year 2006 by section 
310(a)(2) of the Biomass Research and Development Act of 2000 
(7 U.S.C. 7624 note).’’. 
SEC. 107. EMERGENCY FORESTRY CONSERVATION RESERVE PRO-
GRAM. 
(a) Section 1231 of the Food Security Act of 1985 (16 U.S.C. 
3831) is amended by adding at the end the following: 
‘‘(k) EMERGENCY
FORESTRY
CONSERVATION
RESERVE
PRO-
GRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) MERCHANTABLE TIMBER.—The term ‘merchantable 
timber’ means timber on private nonindustrial forest land 
on which the average tree has a trunk diameter of at 
least 6 inches measured at a point no less than 4.5 feet 
above the ground. 
‘‘(B) PRIVATE NONINDUSTRIAL FOREST LAND.—The term 
‘private nonindustrial forest land’ includes State school 
trust land. 
‘‘(2) PROGRAM.—During calendar year 2006, the Secretary 
shall carry out an emergency pilot program in States that 
the Secretary determines have suffered damage to merchant-
able timber in counties affected by hurricanes during the 2005 
calendar year.
H. R. 2863—72
‘‘(3) ELIGIBLE ACREAGE.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B) and 
the availability of funds under subparagraph (G), an owner 
or operator may enroll private nonindustrial forest land 
in the conservation reserve under this subsection. 
‘‘(B) DETERMINATION
OF
DAMAGES.—Eligibility for 
enrollment shall be limited to owners and operators of 
private nonindustrial forest land that have experienced 
a loss of 35 percent or more of merchantable timber in 
a county affected by hurricanes during the 2005 calendar 
year. 
‘‘(C) EXEMPTIONS.—Acreage enrolled in the conserva-
tion reserve under this subsection shall not count toward— 
‘‘(i) county acreage limitations described in section 
1243(b); or 
‘‘(ii) the maximum enrollment described in sub-
section (d). 
‘‘(D) DUTIES OF OWNERS AND OPERATORS.—As a condi-
tion of entering into a contract under this subsection, 
during the term of the contract, the owner or operator 
of private nonindustrial forest land shall agree— 
‘‘(i) to restore the land, through site preparation 
and planting of similar species as existing prior to 
hurricane damages or to the maximum extent prac-
ticable with other native species, as determined by 
the Secretary; and 
‘‘(ii) to establish temporary vegetative cover the 
purpose of which is to prevent soil erosion on the 
eligible acreage, as determined by the Secretary. 
‘‘(E) DUTIES OF THE SECRETARY.— 
‘‘(i) IN GENERAL.—In return for a contract entered 
into by an owner or operator of private nonindustrial 
forest land under this subsection, the Secretary shall 
provide, at the option of the landowner— 
‘‘(I) notwithstanding the limitation in section 
1234(f)(1), a lump sum payment; or 
‘‘(II) annual rental payments. 
‘‘(ii) CALCULATION OF LUMP SUM PAYMENT.—The 
lump sum payment described in clause (i)(I) shall be 
calculated using a net present value formula, as deter-
mined by the Secretary, based on the total amount 
a producer would receive over the duration of the con-
tract. 
‘‘(iii) CALCULATION
OF
ANNUAL
RENTAL
PAY-
MENTS.—The annual rental payment described in 
clause (i)(II) shall be equal to the average rental rate 
for conservation reserve contracts in the county in 
which the land is located. 
‘‘(iv) ROLLING SIGNUP.—The Secretary shall offer 
a rolling signup for contracts under this subsection. 
‘‘(v) DURATION OF CONTRACTS.—A contract entered 
into under this subsection shall have a term of 10 
years. 
‘‘(F) BALANCE OF NATURAL RESOURCES.—In determining 
the acceptability of contract offers under this subsection, 
the Secretary shall consider an equitable balance among 
the purposes of soil erosion prevention, water quality
H. R. 2863—73
improvement, wildlife habitat restoration, and mitigation 
of economic loss. 
‘‘(G) FUNDING.—The Secretary shall use $404,100,000, 
to remain available until expended, of funds of the Com-
modity Credit Corporation to carry out this subsection. 
‘‘(H) DETERMINATIONS BY SECRETARY.—A determination 
made by the Secretary under this subsection shall be final 
and conclusive. 
‘‘(I) REGULATIONS.— 
‘‘(i) IN
GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall 
promulgate such regulations as are necessary to imple-
ment this subsection. 
‘‘(ii) PROCEDURE.—The promulgation of regulations 
and administration of this subsection shall be made 
without regard to— 
‘‘(I) the notice and comment provisions of sec-
tion 553 of title 5, United States Code; 
‘‘(II) the Statement of Policy of the Secretary 
of Agriculture effective July 24, 1971 (36 Fed. Reg. 
13804), relating to notices of proposed rulemaking 
and public participation in rulemaking; and 
‘‘(III) chapter 35 of title 44, United States 
Code (commonly known as the ‘Paperwork Reduc-
tion Act’). 
‘‘(iii) CONGRESSIONAL
REVIEW
OF
AGENCY
RULE-
MAKING.—In carrying out this subsection, the Secretary 
shall use the authority provided under section 808 
of title 5, United States Code.’’. 
(b) EMERGENCY DESIGNATION.—The amount provided under 
this section is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
CHAPTER 2
DEPARTMENT OF DEFENSE 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, Army’’, 
$29,830,000, to remain available until September 30, 2006, 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. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, Navy’’, 
$57,691,000, to remain available until September 30, 2006, 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
H. R. 2863—74
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, Marine 
Corps’’, $14,193,000, to remain available until September 30, 2006, 
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. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, Air Force’’, 
$105,034,000, to remain available until September 30, 2006, 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. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, Army’’, 
$11,100,000, to remain available until September 30, 2006, 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. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, Navy’’, 
$33,015,000, to remain available until September 30, 2006, 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. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, Marine 
Corps’’, $3,028,000, to remain available until September 30, 2006, 
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.
H. R. 2863—75
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, Air Force’’, 
$2,370,000, to remain available until September 30, 2006, for nec-
essary 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 require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 2006. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Personnel, 
Army’’, $220,556,000, to remain available until September 30, 2006, 
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 GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Personnel, Air 
Force’’, $77,718,000, to remain available until September 30, 2006, 
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. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Maintenance, 
Army’’, $156,166,000, to remain available until September 30, 2006, 
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. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Maintenance, 
Navy’’, $544,690,000, to remain available until September 30, 2006, 
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.
H. R. 2863—76
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps’’, $7,343,000, to remain available until September 
30, 2006, 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. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force’’, $554,252,000, to remain available until September 30, 
2006, for necessary expenses related to the consequences of hurri-
canes in the Gulf of Mexico in calendar year 2005: Provided, That 
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, $29,027,000, to remain available until September 
30, 2006, 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. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Army Reserve’’, $16,118,000, to remain available until September 
30, 2006, 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. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Navy Reserve’’, $480,084,000, to remain available until September 
30, 2006, 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.
H. R. 2863—77
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps Reserve’’, $16,331,000, to remain available until Sep-
tember 30, 2006, 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. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force Reserve’’, $2,366,000, to remain available until September 
30, 2006, 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. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Army National Guard’’, $98,855,000, to remain available until Sep-
tember 30, 2006, 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. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Air National Guard’’, $48,086,000, to remain available until Sep-
tember 30, 2006, 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. 
PROCUREMENT 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For an additional amount for ‘‘Procurement of Weapons and 
Tracked Combat Vehicles, Army’’, $1,600,000, to remain available 
until September 30, 2008, 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.