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available dwelling units to city and parish employees from
those parishes for a period of not to exceed 12 months: Pro-
vided further, That the amounts provided under this head-
ing are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the con-
current resolution on the budget for fiscal year 2006.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Community devel-
opment fund’’, for necessary expenses related to disaster re-
lief, long-term recovery, and restoration of infrastructure in
the most impacted and distressed areas related to the con-
sequences of Hurricane Katrina and other hurricanes of the
2005 season in States for which the President declared a
major disaster under title IV of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) in conjunction with Hurricane Katrina and other
hurricanes of the 2005 season, $5,200,000,000, to remain
available until expended, for activities authorized under
title I of the Housing and Community Development Act of
1974 (Public Law 93–383): Provided, That funds provided
under this heading shall be administered through an entity
or entities designated by the Governor of each State: Pro-
vided further, That such funds may not be used for activi-
ties reimbursable by or for which funds are made available
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by the Federal Emergency Management Agency, the Small
Business Administration, or the Army Corps of Engineers:
Provided further, That funds allocated under this heading
shall not adversely affect the amount of any formula assist-
ance received by a State under this heading: Provided fur-
ther, That each State may use up to five percent of its allo-
cation for administrative costs: Provided further, That not
less than $1,000,000,000 from funds made available on a
pro-rata basis according to the allocation made to each
State under this heading shall be used for repair, rehabilita-
tion, and reconstruction (including demolition, site clear-
ance and remediation) of the affordable rental housing stock
(including public and other HUD-assisted housing) in the
impacted areas: Provided further, That as long as
$5,200,000,000 is provided under this heading no State
shall be allocated less than 3.5 percent of the amount pro-
vided under this heading: Provided further, That in admin-
istering the funds under this heading, the Secretary of
Housing and Urban Development may waive, or specify al-
ternative requirements 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 recipi-
ent 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
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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: Provided further, That the Secretary may waive the
requirement that activities benefit persons of low and mod-
erate 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 fur-
ther, That the Secretary shall publish in the Federal Reg-
ister any waiver of any statute or regulation that the Sec-
retary 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, in-
cluding criteria for eligibility and how the use of these funds
will address long-term recovery and restoration of infra-
structure: Provided further, That prior to the obligation of
funds to each State, the Secretary shall ensure that such
plan gives priority to infrastructure development and reha-
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bilitation and the rehabilitation and reconstruction of the
affordable rental housing stock including public and other
HUD-assisted housing: 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 waiv-
ers made pursuant to these provisions under this heading
no later than 5 days before such waiver is made: Provided
further, That the Secretary shall establish procedures to pre-
vent 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 du-
plication of benefits: Provided further, That of the amounts
made available under this heading, the Secretary shall
transfer $12,000,000 to the Office of Inspector General for
costs associated with oversight: Provided further, That none
of the funds provided under this heading may be used by
a State or locality as a matching requirement, share, or
contribution for any other Federal program: Provided fur-
ther, That the amounts provided under this heading are des-
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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.
INDEPENDENT AGENCIES
ELECTION ASSISTANCE COMMISSION
ELECTION ASSISTANCE
For purposes of making discretionary payments to
States affected by Hurricane Katrina and other hurricanes
during the 2005 season to restore and replace supplies, ma-
terials, records, equipment, and technology used in the ad-
ministration of Federal elections and to ensure the full par-
ticipation of individuals displaced by such hurricanes,
$30,000,000: Provided, That any such funds shall be used
in a manner that is consistent with title III of the Help
America Vote Act of 2002: 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 SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
For an additional amount for the ‘‘Federal Buildings
Fund’’ for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 sea-
son, $37,000,000, from the General Fund and to remain
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available until expended: Provided, That notwithstanding
40 U.S.C. 3307, the Administrator of General Services is
authorized to proceed with repairs and alterations for af-
fected buildings: Provided further, That the amount pro-
vided under this heading is designated as an emergency re-
quirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
TITLE III
EMERGENCY AGRICULTURAL DISASTER
ASSISTANCE
SEC. 3001. SHORT TITLE.
This title may be cited as the ‘‘Emergency Agricultural
Disaster Assistance Act of 2006’’.
SEC. 3002. DEFINITIONS.
In this title:
(1) ADDITIONAL
COVERAGE.—The term ‘‘addi-
tional coverage’’ has the meaning given the term in
section 502(b)(1) of the Federal Crop Insurance Act
(7 U.S.C. 1502(b)(1)).
(2) DISASTER
COUNTY.—The term ‘‘disaster
county’’ means—
(A) a county included in the geographic
area covered by a natural disaster declaration;
and
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(B) each county contiguous to a county de-
scribed in subparagraph (A).
(3) HURRICANE-AFFECTED COUNTY.—The term
‘‘hurricane-affected county’’ means—
(A) a county included in the geographic
area covered by a natural disaster declaration
related to Hurricane Katrina, Hurricane Rita,
Hurricane Wilma, or a related condition; and
(B) each county contiguous to a county de-
scribed in subparagraph (A).
(4) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity
(excluding livestock) for which the producers on a
farm are eligible to obtain a policy or plan of insur-
ance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(5) 
LIVESTOCK.—The 
term 
‘‘livestock’’
includes—
(A) cattle (including dairy cattle);
(B) bison;
(C) sheep;
(D) swine; and
(E) other livestock, as determined by the
Secretary.
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(6) NATURAL
DISASTER
DECLARATION.—The
term ‘‘natural disaster declaration’’ means—
(A) a natural disaster declared by the
Secretary—
(i) during calendar year 2005 under
section 321(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C.
1961(a)); or
(ii) during calendar year 2006 under
that section, but for which a request was
pending as of the date of enactment of this
Act; or
(B) a major disaster or emergency des-
ignated by the President—
(i) during calendar year 2005 under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121
et seq.); or
(ii) during calendar year 2006 under
that Act, but for which a request was pend-
ing as of the date of enactment of this Act.
(7) 
NONINSURABLE
COMMODITY.—The 
term
‘‘noninsurable commodity’’ means a crop for which
the producers on a farm are eligible to obtain assist-
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ance under section 196 of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 7333).
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
Subtitle A—Agricultural
Production Losses
SEC. 3011. CROP DISASTER ASSISTANCE.
(a) IN GENERAL.—The Secretary shall use such sums
as are necessary of funds of the Commodity Credit Corpora-
tion to make emergency financial assistance authorized
under this section available to producers on a farm that
have incurred qualifying losses described in subsection (c).
(b) ADMINISTRATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall make assistance avail-
able under this section in the same manner as pro-
vided under section 815 of the Agriculture, Rural De-
velopment, Food and Drug Administration and Re-
lated Agencies Appropriations Act, 2001 (Public Law
106–387; 114 Stat. 1549A–55), including using the
same loss thresholds for quantity and economic losses
as were used in administering that section, except
that the payment rate shall be 50 percent of the estab-
lished price, instead of 65 percent.
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(2) LOSS THRESHOLDS FOR QUALITY LOSSES.—
In the case of a payment for quality loss for a crop
under subsection (c)(2), the loss thresholds for quality
loss for the crop shall be determined under subsection
(d).
(c) QUALIFYING LOSSES.—Assistance under this sec-
tion shall be made available to producers on farms, other
than producers of sugar cane and sugar beets, that incurred
qualifying quantity or quality losses for—
(1) the 2005 crop due to damaging weather or
any related condition (including losses due to crop
diseases, insects, and delayed harvest), as determined
by the Secretary; and
(2) the 2006 crop due to flooding in California
and Hawaii that occurred prior to the date of enact-
ment of this Act and for which a petition for a dis-
aster designation has been filed with the Secretary
not later than that date.
(d) QUALITY LOSSES.—
(1) IN GENERAL.—Subject to paragraph (3), the
amount of a payment made to producers on a farm
for a quality loss for a crop under subsection (c)(2)
shall 
be 
equal 
to 
the 
amount 
obtained 
by
multiplying—
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(A) 65 percent of the payment quantity de-
termined under paragraph (2); by
(B) 50 percent of the payment rate deter-
mined under paragraph (3).
(2) PAYMENT
QUANTITY.—For the purpose of
paragraph (1)(A), the payment quantity for quality
losses for a crop of a commodity on a farm shall
equal the lesser of—
(A) the actual production of the crop af-
fected by a quality loss of the commodity on the
farm; or
(B) the quantity of expected production of
the crop affected by a quality loss of the com-
modity on the farm, using the formula used by
the Secretary to determine quantity losses for the
crop of the commodity under subsection (c)(1).
(3) PAYMENT RATE.—For the purpose of para-
graph (1)(B) and in accordance with paragraphs (5)
and (6), the payment rate for quality losses for a crop
of a commodity on a farm shall be equal to the dif-
ference between—
(A) the per unit market value that the units
of the crop affected by the quality loss would
have had if the crop had not suffered a quality
loss; and
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(B) the per unit market value of the units
of the crop affected by the quality loss.
(4) ELIGIBILITY.—For producers on a farm to be
eligible to obtain a payment for a quality loss for a
crop under subsection (c)(2), the amount obtained by
multiplying the per unit loss determined under para-
graph (1) by the number of units affected by the qual-
ity loss shall be at least 25 percent of the value that
all affected production of the crop would have had if
the crop had not suffered a quality loss.
(5) MARKETING CONTRACTS.—In the case of any
production of a commodity that is sold pursuant to
1 or more marketing contracts (regardless of whether
the contract is entered into by the producers on the
farm before or after harvest) and for which appro-
priate documentation exists, the quantity designated
in the contracts shall be eligible for quality loss assist-
ance based on the 1 or more prices specified in the
contracts.
(6) OTHER PRODUCTION.—For any additional
production of a commodity for which a marketing
contract does not exist or for which production con-
tinues to be owned by the producer, quality losses
shall be based on the average local market discounts
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for reduced quality, as determined by the appropriate
State committee of the Farm Service Agency.
(7) QUALITY ADJUSTMENTS AND DISCOUNTS.—
The appropriate State committee of the Farm Service
Agency shall identify the appropriate quality adjust-
ment and discount factors to be considered in car-
rying out this subsection, including—
(A) the average local discounts actually ap-
plied to a crop; and
(B) the discount schedules applied to loans
made by the Farm Service Agency or crop insur-
ance coverage under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(8) ELIGIBLE PRODUCTION.—The Secretary shall
carry out this subsection in a fair and equitable man-
ner for all eligible production, including the produc-
tion of fruits and vegetables, other specialty crops,
and field crops.
(e) ELIGIBILITY FOR ASSISTANCE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the producers on a farm shall not be eligi-
ble for assistance under this section with respect to
losses to an insurable commodity or noninsurable
commodity if the producers on the farm—
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(A) in the case of an insurable commodity,
did not obtain a policy or plan of insurance for
the insurable commodity under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) for the
crop incurring the losses;
(B) in the case of a noninsurable com-
modity, did not file the required paperwork, and
pay the administrative fee by the applicable
State filing deadline, for the noninsurable com-
modity under section 196 of the Federal Agri-
culture Improvement and Reform Act of 1996 (7
U.S.C. 7333) for the crop incurring the losses;
(C) had average adjusted gross income (as
defined by section 1001D(a) of the Food Security
Act of 1985 (7 U.S.C. 1308–3a(a)), of greater
than $2,500,000 in 2004; or
(D) were not in compliance with highly
erodible land conservation and wetland conserva-
tion provisions.
(2) CONTRACT
WAIVER.—The Secretary may
waive paragraph (1) with respect to the producers on
a farm if the producers enter into a contract with the
Secretary under which the producers agree—
(A) in the case of an insurable commodity,
to obtain a policy or plan of insurance under the
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Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.) providing additional coverage for the insur-
able commodity for each of the next 2 crops, at
a coverage level that provides—
(i) not less than 65 percent of the ac-
tual production history for the crop pro-
duced on the farm; and
(ii) 100 percent of the expected market
price or a comparable coverage (as deter-
mined by the Federal Crop Insurance Cor-
poration); and
(B) in the case of a noninsurable com-
modity, to file the required paperwork and pay
the administrative fee by the applicable State fil-
ing deadline, for the noninsurable commodity for
each of the next 2 crops under section 196 of the
Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).
(3) EFFECT OF VIOLATION.—In the event of the
violation of a contract under paragraph (2) by a pro-
ducer, the producer shall reimburse the Secretary for
the full amount of the assistance provided to the pro-
ducer under this section.
(f) TIMING.—
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(1) IN GENERAL.—Subject to paragraph (2), the
Secretary shall make payments to producers on a
farm for a crop under this section not later than 60
days after the date the producers on the farm submit
to the Secretary a completed application for the pay-
ments.
(2) INTEREST.—If the Secretary does not make
payments to the producers on a farm by the date de-
scribed in paragraph (1), the Secretary shall pay to
the producers on a farm interest on the payments at
a rate equal to the current (as of the sign-up deadline
established by the Secretary) market yield on out-
standing, marketable obligations of the United States
with maturities of 30 years.
SEC. 3012. LIVESTOCK ASSISTANCE.
(a) LIVESTOCK COMPENSATION PROGRAM.—
(1) USE OF COMMODITY CREDIT CORPORATION
FUNDS.—Effective beginning on the date of enactment
of this Act, the Secretary shall use funds of the Com-
modity Credit Corporation to carry out the 2002
Livestock Compensation Program announced by the
Secretary on October 10, 2002 (67 Fed. Reg. 63070),
to provide compensation for livestock losses during
calendar years 2005 and 2006 for losses that occurred
prior to the date of enactment of this Act (including
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wildfire disaster losses in the State of Texas and other
States) due to a disaster, as determined by the Sec-
retary, except that the payment rate shall be 75 per-
cent of the payment rate established for the 2002
Livestock Compensation Program.
(2) ELIGIBLE APPLICANTS.—In carrying out the
program described in paragraph (1), the Secretary
shall provide assistance to any applicant that—
(A)(i) conducts a livestock operation that is
located in a disaster county, including any ap-
plicant conducting a livestock operation with eli-
gible livestock (within the meaning of the live-
stock assistance program under section 101(b) of
division B of Public Law 108–324 (118 Stat.
1234)); or
(ii) produces an animal described in section
10806(a)(1) of the Farm Security and Rural In-
vestment Act of 2002 (21 U.S.C. 321d(a)(1));
and
(B) meets all other eligibility requirements
established by the Secretary for the program.
(3) MITIGATION.—In determining the eligibility
for or amount of payments for which a producer is
eligible under the livestock compensation program, the
Secretary shall not penalize a producer that takes ac-
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tions (recognizing disaster conditions) that reduce the
average number of livestock the producer owned for
grazing during the production year for which assist-
ance is being provided.
(4) LIMITATION.—The Secretary shall ensure, to
the maximum extent practicable, that no producer on
a farm receives duplicative payments under this sub-
section and another Federal program with respect to
any loss.
(b) LIVESTOCK INDEMNITY PAYMENTS.—
(1) IN GENERAL.—The Secretary shall use such
sums as are necessary of funds of the Commodity
Credit Corporation to make livestock indemnity pay-
ments to producers on farms that have incurred live-
stock losses during calendar years 2005 and 2006 for
losses that occurred prior to the date of enactment of
this Act (including wildfire disaster losses in the
State of Texas and other States) due to a disaster, as
determined by the Secretary, including losses due to
hurricanes, floods, anthrax, and wildfires.
(2) PAYMENT RATES.—Indemnity payments to a
producer on a farm under paragraph (1) shall be
made at a rate of not less than 30 percent of the mar-
ket value of the applicable livestock on the day before