Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006
PL 109-234 (H.R.4939), enacted 06/15/2006

120 STAT. 418
PUBLIC LAW 109–234—JUNE 15, 2006
Public Law 109–234
109th Congress
An Act
Making emergency supplemental appropriations for the fiscal year ending September
30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 2006, and for other purposes, namely:
TITLE I
GLOBAL WAR ON TERROR SUPPLEMENTAL
APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
PUBLIC LAW 480 TITLE II GRANTS
For an additional amount for ‘‘Public Law 480 Title II Grants’’,
during the current fiscal year, not otherwise recoverable, and unre-
covered prior years’ costs, including interest thereon, under the
Agricultural Trade Development and Assistance Act of 1954, for
commodities supplied in connection with dispositions abroad under
title II of said Act, $350,000,000, to remain available until expended:
Provided, That from this amount, to the maximum extent possible,
funding shall be used to support the previously approved fiscal
year 2006 programs under section 204(a)(2) of the Agricultural
Trade Development and Assistance Act of 1954: 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.
Emergency
Supplemental
Appropriations
Act for Defense,
the Global War
on Terror, and
Hurricane
Recovery, 2006.
June 15, 2006
[H.R. 4939]
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120 STAT. 419
PUBLIC LAW 109–234—JUNE 15, 2006
CHAPTER 2
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$6,587,473,000: 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.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$1,321,474,000: 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.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $840,872,000: 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.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$1,155,713,000: 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.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel, Army’’,
$140,570,000: 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.
RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel, Navy’’,
$110,712,000: 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.
RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $10,627,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
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120 STAT. 420
PUBLIC LAW 109–234—JUNE 15, 2006
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$1,940,000: 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.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $111,550,000: 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.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $1,200,000: 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.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $17,744,410,000: 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.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $2,696,693,000: 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.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $1,639,911,000: 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.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $5,576,257,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
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120 STAT. 421
PUBLIC LAW 109–234—JUNE 15, 2006
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
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $2,830,677,000, of which—
(1) not to exceed $25,000,000 may be used for the Combat-
ant Commander Initiative Fund, to be used in support of Oper-
ation Iraqi Freedom and Operation Enduring Freedom;
(2) not to exceed $5,000,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval
or authority of the Secretary of Defense, and payments may
be made on his certificate of necessity for confidential military
purposes;
(3) not to exceed $740,000,000, to remain available until
expended, may be used for payments to reimburse Pakistan,
Jordan, and other key cooperating nations, for logistical, mili-
tary, and other support provided, or to be provided, to United
States military operations, notwithstanding any other provision
of law: Provided, That such payments may be made in such
amounts as the Secretary of Defense, with the concurrence
of the Secretary of State, and in consultation with the Director
of the Office of Management and Budget, may determine, in
his discretion, based on documentation determined by the Sec-
retary of Defense to adequately account for the support pro-
vided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days fol-
lowing notification to the appropriate congressional committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph; and
(4) up to $75,000,000 shall be transferred to the Coast
Guard ‘‘Operating Expenses’’ account:
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.
OPERATION AND MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $100,100,000: 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.
OPERATION AND MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $78,509,000: 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.
Reports.
Notification.
Deadline.
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120 STAT. 422
PUBLIC LAW 109–234—JUNE 15, 2006
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $87,875,000: 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.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $18,563,000: 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.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $178,600,000: 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.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $30,400,000: 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.
FORMER SOVIET UNION THREAT REDUCTION ACCOUNT
For an additional amount for ‘‘Former Soviet Union Threat
Reduction Account’’, $44,500,000: 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.
AFGHANISTAN SECURITY FORCES FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Afghanistan Security Forces Fund’’, $1,908,133,000,
to remain available until September 30, 2007: Provided, That such
funds shall be available to the Secretary of Defense, notwith-
standing any other provision of law, for the purpose of allowing
the Commander, Office of Security Cooperation—Afghanistan, or
the Secretary’s designee, to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Afghanistan,
including the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide assistance
under this heading is in addition to any other authority to provide
assistance to foreign nations: Provided further, That the Secretary
of Defense may transfer such funds to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test
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PUBLIC LAW 109–234—JUNE 15, 2006
and evaluation; and defense working capital funds to accomplish
the purposes provided herein: 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 so transferred from this
appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Pro-
vided further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and
upon the transfer of any contribution delineating the sources and
amounts of the funds received and the specific use of such contribu-
tions: Provided further, That the Secretary of Defense shall, not
fewer than five days prior to making transfers from this appropria-
tion account, 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 appropria-
tion: 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.
IRAQ SECURITY FORCES FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Iraq Security Forces Fund’’, $3,007,000,000, to remain
available until September 30, 2007: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding
any other provision of law, for the purpose of allowing the Com-
mander, Multi-National Security Transition Command—Iraq, or the
Secretary’s designee, to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Iraq, including
the provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under
this heading is in addition to any other authority to provide assist-
ance to foreign nations: Provided further, That the Secretary of
Defense may transfer such funds to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test
and evaluation; and defense working capital funds to accomplish
the purposes provided herein: 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 so transferred from this
appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Pro-
vided further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and
upon the transfer of any contribution delineating the sources and
Notification.
Reports.
Deadline.
Deadline.
Notification.
Notification.
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PUBLIC LAW 109–234—JUNE 15, 2006
amounts of the funds received and the specific use of such contribu-
tions: Provided further, That the Secretary of Defense shall, not
fewer than five days prior to making transfers from this appropria-
tion account, 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 appropria-
tion: 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.
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Joint Improvised Explosive Device Defeat Fund’’,
$1,958,089,000, to remain available until September 30, 2008: Pro-
vided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, for the purpose
of allowing the Director of the Joint Improvised Explosive Device
Defeat Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds to assist
United States forces in the defeat of improvised explosive devices:
Provided further, That within 60 days of the enactment of this
Act, a plan for the intended management and use of the Fund
is provided to the congressional defense committees: Provided fur-
ther, That the Secretary of Defense shall submit a report not later
than 30 days after the end of each fiscal quarter to the congressional
defense committees providing assessments of the evolving threats,
individual service requirements to counter the threats, the current
strategy for predeployment training of members of the Armed Forces
on improvised explosive devices, and details on the execution of
this Fund: Provided further, That the Secretary of Defense may
transfer funds provided herein to appropriations for military per-
sonnel; operation and maintenance; procurement; research, develop-
ment, test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
upon determination that all or part of the funds so transferred
from this appropriation are not necessary for the purpose 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 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.
Notification.
Deadline.
Reports.
Deadline.
Deadline.
Reports.
Deadline.
Deadline.
Notification.
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120 STAT. 425
PUBLIC LAW 109–234—JUNE 15, 2006
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$345,000,000, to remain available until September 30, 2008: 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.
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$203,300,000, to remain available until September 30, 2008: 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.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $1,767,451,000, to remain avail-
able until September 30, 2008: 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 OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $829,679,000, to remain available until September 30, 2008:
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.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$5,819,645,000, to remain available until September 30, 2008: 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.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$516,869,000, to remain available until September 30, 2008: 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.
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PUBLIC LAW 109–234—JUNE 15, 2006
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,
$55,200,000, to remain available until September 30, 2008: 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.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $323,256,000, to remain available until
September 30, 2008: 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.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$54,640,000, to remain available until September 30, 2008: 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.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$2,577,467,000, to remain available until September 30, 2008: 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.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$674,815,000, to remain available until September 30, 2008: 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.
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $29,047,000, to remain available until September 30,
2008: 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.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$1,500,591,000, to remain available until September 30, 2008: Pro-
vided, That the amount provided under this heading is designated
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PUBLIC LAW 109–234—JUNE 15, 2006
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, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$331,353,000, to remain available until September 30, 2008: 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $54,700,000, 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $124,845,000, 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $382,630,000, 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $148,551,000, 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.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$516,700,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
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PUBLIC LAW 109–234—JUNE 15, 2006
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$1,153,562,000 for operation and maintenance: 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 INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’, $150,470,000, to remain available until
expended: Provided, That these funds may be used only for such
activities related to Afghanistan and the Central Asia area: Pro-
vided further, That the Secretary of Defense may transfer such
funds only to appropriations for military personnel; operation and
maintenance; procurement; and research, development, test and
evaluation: Provided further, That the funds transferred shall be
merged with and be available for the same purposes and for the
same time period as the appropriation to which transferred: Pro-
vided further, That the transfer authority provided in this para-
graph 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 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.
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector General’’,
$5,000,000, 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.
RELATED AGENCIES
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For an additional amount for the ‘‘Intelligence Community
Management Account’’, $158,875,000: 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.
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PUBLIC LAW 109–234—JUNE 15, 2006
GENERAL PROVISIONS—THIS CHAPTER
(TRANSFER OF FUNDS)
SEC. 1201. Upon his determination that such action is necessary
in the national interest, the Secretary of Defense may transfer
between appropriations up to $2,000,000,000 of the funds made
available to the Department of Defense in this chapter: Provided,
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to this authority: Provided further, That
the transfer authority provided in this section is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That the authority in this section is subject to
the same terms and conditions as the authority provided in section
8005 of the Department of Defense Appropriations Act, 2006, except
for the fourth proviso.
(TRANSFER OF FUNDS)
SEC. 1202. Section 8005 of the Department of Defense Appro-
priations Act, 2006, (Public Law 109–148; 119 Stat. 2680), is
amended 
by 
striking 
‘‘$3,750,000,000’’ 
and 
inserting
‘‘$5,000,000,000’’: Provided, That funds previously transferred
among appropriations under the authority of section 8005 of Public
Law 109–148 pursuant to reprogramming action 06–13PA may
be restored to their source appropriations accounts: Provided fur-
ther, That transfers made pursuant to reprogramming action 06–
13PA and transfers back under this section shall not be taken
into account for purposes of the limitation on the amount of funds
that may be transferred under section 8005: Provided further, That
the amount made available by the transfer of funds in or pursuant
to 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.
(TRANSFER OF FUNDS)
SEC. 1203. During fiscal year 2006 and from funds in the
Defense Cooperation Account, the Secretary of Defense may transfer
not to exceed $5,800,000 to such appropriations or funds of the
Department of Defense as he shall determine for use consistent
with the purposes for which such funds were contributed and
accepted: Provided, That such amounts shall be available for the
same time period as the appropriation to which transferred: Pro-
vided further, That the amount made available by the transfer
of funds in or pursuant to 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. 1204. Section 1005(c)(2) of the National Defense Authoriza-
tion Act, Fiscal Year 2006 (Public Law 109–163) is amended by
striking ‘‘$289,447,000’’ and inserting ‘‘$345,547,000’’.
SEC. 1205. (a) AUTHORITY
TO
PROVIDE
SUPPORT.—Of the
amount appropriated by this Act under the heading, ‘‘Drug Interdic-
tion and Counter-Drug Activities, Defense’’, not to exceed
$22,200,000 may be made available for support for counter-drug
activities of the Governments of Afghanistan and Pakistan: Pro-
vided, That such support shall be in addition to support provided
119 Stat. 3421.
119 Stat. 2697.
Notification.
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PUBLIC LAW 109–234—JUNE 15, 2006
for the counter-drug activities of such Governments under any
other provision of the law.
(b) TYPES OF SUPPORT.—
(1) Except as specified in subsections (b)(2) and (b)(3) of
this section, the support that may be provided under the
authority in this section shall be limited to the types of support
specified in section 1033(c)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85,
as amended by Public Law 106–398 and Public Law 108–
136), and conditions on the provision of support as contained
in section 1033 shall apply for fiscal year 2006.
(2) The Secretary of Defense may transfer vehicles, aircraft,
and detection, interception, monitoring and testing equipment
to said Governments for counter-drug activities.
(3) For the Government of Afghanistan, the Secretary of
Defense may also provide individual and crew-served weapons,
and ammunition for counter-drug security forces.
SEC. 1206. Notwithstanding 10 U.S.C. 2208(l), the total amount
of advance billings rendered or imposed for all working capital
funds of the Department of Defense in fiscal year 2006 shall not
exceed $1,200,000,000: Provided, That the amounts made available
pursuant to this section are 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.
SEC. 1207. In addition to amounts authorized in section 1202(a)
of Public Law 109–163, from funds made available in this chapter
to the Department of Defense, not to exceed $423,000,000 may
be used to fund the Commander’s Emergency Response Program
and for a similar program to assist the people of Afghanistan,
to remain available until December 31, 2007.
SEC. 1208. Supervision and administration costs associated with
a construction project funded with ‘‘Afghanistan Security Forces
Fund’’ or ‘‘Iraq Security Forces Fund’’ appropriations may be obli-
gated 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. 1209. None of the funds provided in this chapter may
be used to finance programs or activities denied by Congress in
fiscal year 2005 and 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. 1210. Effective as of January 6, 2006, and as if included
in the enactment of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163), subsection (d)(2) of section
1478 of title 10, United States Code, as added by section 664(b)
of such Act (119 Stat. 3316), is amended by striking ‘‘May 11,
2005’’ and inserting ‘‘August 31, 2005’’.
(RESCISSIONS)
SEC. 1211. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
‘‘Missile Procurement, Air Force, 2006/2008’’, $80,000,000;
‘‘Other Procurement, Air Force, 2005/2007’’, $39,400,000.
SEC. 1212. (a) SENSE OF CONGRESS.—Congress recognizes the
importance of ensuring that absent uniformed services voters,
10 USC 1478 and
note.
Effective date.
10 USC 2208
note.
Applicability.
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PUBLIC LAW 109–234—JUNE 15, 2006
Department of Defense personnel, and their dependents have the
opportunity to exercise their right to vote.
(b) IVAS BALLOT REQUEST PROGRAM.—
(1) The Interim Voting Assistance System (IVAS) Ballot
Request Program shall be continued with respect to all absent
uniformed services voters, Department of Defense personnel,
and dependents covered by the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff et seq.) with the
objective to further improve ballot request procedures and
voting assistance with respect to such persons.
(2) Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report on the status of the program
referred to in paragraph (1), including an accounting of the
utilization of funds available for the program under subsection
(c).
(c) FUNDING.—Of the amounts provided by this chapter,
$2,500,000 shall be available for the program referred to in sub-
section (b).
SEC. 1213. (a) FINDINGS.—The Senate makes the following
findings:
(1) Title IX of the Department of Defense Appropriations
Act, 2006 (division A of Public Law 109–148) appropriated
$50,000,000,000 for the cost of ongoing military operations over-
seas in fiscal year 2006, although those funds were not
requested by the President.
(2) The President on February 16, 2006, submitted to Con-
gress a request for supplemental appropriations in the amount
of $67,600,000,000 for ongoing military operations in fiscal
year 2006, none of which supplemental appropriations was
included in the concurrent resolution on the budget for fiscal
year 2006, as agreed to in the Senate on April 28, 2005.
(3) The President on February 6, 2006, included a
$50,000,000,000 allowance for ongoing military operations in
fiscal year 2007, but did not formally request the funds or
provide any detail on how the allowance may be used.
(4) The concurrent resolution on the budget for fiscal year
2007, as agreed to in the Senate on March 16, 2007, anticipates
as much as $86,300,000,000 in emergency spending in fiscal
year 2007, indicating that the Senate expects to take up another
supplemental appropriations bill to fund ongoing military oper-
ations during fiscal year 2007.
(b) SENSE OF SENATE.—It is the sense of the Senate that—
(1) any request for funds for a fiscal year after fiscal year
2007 for ongoing military operations in Afghanistan and Iraq
should be included in the annual budget of the President for
such fiscal year as submitted to Congress under section 1105(a)
of title 31, United States Code;
(2) any request for funds for such a fiscal year for ongoing
military operations should provide an estimate of all funds
required in that fiscal year for such operations;
(3) any request for funds for ongoing military operations
should include a detailed justification of the anticipated use
of such funds for such operations; and
(4) any funds provided for ongoing military operations over-
seas should be provided in appropriations Acts for such fiscal
Deadline.
Reports.
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PUBLIC LAW 109–234—JUNE 15, 2006
year through appropriations to specific accounts set forth in
such appropriations Acts.
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’’, $7,800,000, 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.
DEVELOPMENT ASSISTANCE
For an additional amount for ‘‘Development Assistance’’,
$16,500,000, to remain available until September 30, 2007: Pro-
vided, That of the funds appropriated under this heading,
$6,000,000 shall be made available for assistance for Guatemala
for relief and reconstruction activities related to Hurricane Stan:
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.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘International Disaster and
Famine Assistance’’, $161,300,000, to remain available until
expended, of which up to $80,000 may be transferred to and merged
with ‘‘Operating Expenses of the United States Agency for Inter-
national Development’’, for associated administrative costs: Pro-
vided, 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.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development’’, $101,000,000, 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.
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PUBLIC LAW 109–234—JUNE 15, 2006
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Economic Support Fund’’,
$1,686,000,000, to remain available until September 30, 2007, of
which up to $11,000,000 may be used for the costs, as defined
in section 502 of the Congressional Budget Act of 1974, of modifying
direct loans and guarantees for Afghanistan or otherwise of reducing
any amounts owed to the United States or any agency of the
United States by Afghanistan: Provided, That such amounts for
the costs of modifying direct loans and guarantees shall not be
considered ‘‘assistance’’ for the purposes of any provision of law
limiting assistance to a country: Provided further, That the last
proviso under the heading ‘‘Economic Support Fund’’ in title II
of Public Law 109–102 and comparable provisions in prior Acts
making appropriations for foreign operations, export financing, and
related programs shall no longer be applicable to funds appropriated
under such heading in this Act or any prior Act: Provided further,
That of the funds available under this heading for assistance for
Afghanistan, $5,000,000 shall be made available for agriculture
and rural development programs in Afghanistan to be administered
through a national consortium of agriculture colleges and land-
grant universities: Provided further, That of the funds available
under this heading for assistance for Iraq, not less than $50,000,000
shall be made available to the United States Agency for Inter-
national Development for continued support for its Community
Action Program in Iraq, of which not less than $5,000,000 shall
be transferred to and merged with funds appropriated under the
heading ‘‘Iraq Relief and Reconstruction Fund’’ in chapter 2 of
title II of Public Law 108–106 and shall be made available for
the Marla Ruzicka Iraqi War Victims Fund: Provided further, That
of the funds made available under this heading for assistance
for Iraq, not less than $50,000,000 shall be made available for
programs and activities to promote democracy, the rule of law
and reconciliation: Provided further, That funds appropriated under
this heading that are made available for police and judicial reform
in Haiti shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That the
amounts provided under this heading are 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.
DEPARTMENT OF STATE
DEMOCRACY FUND
For an additional amount for ‘‘Democracy Fund’’, $22,500,000,
of which $20,000,000 shall be made available for programs and
activities promoting democracy in Iran and of which $2,500,000
shall be made available for assistance for the Democratic Republic
of the Congo, to remain available until September 30, 2007: Pro-
vided, That funds appropriated under this heading shall be made
available notwithstanding any other provision of law, and those
funds made available to promote democracy in Iran shall be
Notification.
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PUBLIC LAW 109–234—JUNE 15, 2006
administered by the Middle East Partnership Initiative, in consulta-
tion with the Bureau of Democracy, Human Rights, and Labor
of the Department of State: Provided further, That funds made
available under this heading in this Act shall be subject to the
regular notification procedures of the Committees on Appropria-
tions: 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.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $107,700,000, to remain available until
September 30, 2008: Provided, That of the funds appropriated under
this heading, not less than $3,300,000 shall be made available
for assistance for the Peace and Justice Unit of the Colombian
Fiscalia notwithstanding section 599E of Public Law 109–102: Pro-
vided further, That of the funds appropriated under this heading,
up to $13,000,000 is available for procurement of a maritime patrol
aircraft for the Colombian Navy and may be transferred to and
merged with funds previously appropriated to the ‘‘Foreign Military
Financing Program’’ to finance such procurement: 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.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’, $75,700,000, 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.
DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For an additional amount for ‘‘International Affairs Technical
Assistance’’, $13,000,000, to remain available until September 30,
2007: Provided, That the amount 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 ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Operations’’,
$178,000,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
Notification.
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PUBLIC LAW 109–234—JUNE 15, 2006
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. 1301. Funds appropriated or made available by transfer
in this chapter may be obligated and expended notwithstanding
section 15 of the State Department Basic Authorities Act of 1956
and section 10 of Public Law 91–672 (22 U.S.C. 2412).
SEC. 1302. (a) Notwithstanding any other provision of law,
amounts under the heading ‘‘Iraq Relief and Reconstruction Fund’’
in title II of Public Law 108–106 shall remain available for one
additional year from the date on which the availability of funds
would otherwise have expired, if such funds are initially obligated
before the expiration of the period of availability provided herein:
Provided, That notwithstanding section 2207(d) of Public Law 108–
106, requirements of section 2207 of Public Law 108–106 shall
expire on October 1, 2008.
(b) Chapter 2 of title II of Public Law 108–106 (117 Stat.
1225–1226), as amended by Public Law 108–309 (118 Stat. 1142–
1143), is further amended under the heading ‘‘Iraq Relief and
Reconstruction Fund’’ by—
(1) striking ‘‘$5,090,000,000’’ and inserting ‘‘$5,036,000,000’’
for security and law enforcement;
(2) striking ‘‘$1,960,000,000’’ and inserting ‘‘$2,349,800,000’’
for justice, public safety infrastructure, and civil society;
(3) striking ‘‘$4,455,000,000’’ and inserting ‘‘$4,220,000,000’’
for the electric sector;
(4) striking ‘‘$1,723,000,000’’ and inserting ‘‘$1,735,600,000’’
for oil infrastructure;
(5) striking ‘‘$2,361,000,000’’ and inserting ‘‘$2,131,100,000’’
for water resources and sanitation;
(6) striking ‘‘$500,000,000’’ and inserting ‘‘$465,500,000’’
for transportation and telecommunications;
(7) striking ‘‘$370,000,000’’ and inserting ‘‘$333,700,000’’
for roads, bridges, and construction;
(8) striking ‘‘$793,000,000’’ and inserting ‘‘$739,000,000’’
for health care;
(9) striking ‘‘$845,000,000’’ and inserting ‘‘$805,300,000’’
for private sector development; and
(10) striking ‘‘$342,000,000’’ and inserting ‘‘$410,000,000’’
for education, refugees, human rights, and governance.
SEC. 1303. Of the funds made available for Coalition Solidarity
Initiative under the heading ‘‘Peacekeeping Operations’’ in chapter
2 of title II of division A of Public Law 109–13, $7,000,000 is
rescinded.
SEC. 1304. (a) Section 550 of Public Law 109–102 (119 Stat.
2217) is amended to read as follows:
‘‘PROHIBITION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY
‘‘SEC. 550. (a) PROHIBITION ON ASSISTANCE.—None of the funds
appropriated by this Act or any prior Act making appropriations
for foreign operations, export financing, and related programs, may
be obligated or expended for assistance for the Palestinian Authority
unless the Secretary of State determines, and so reports to the
Committees on Appropriations, that the Palestinian Authority has
Expiration date.
22 USC 2151
note.
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PUBLIC LAW 109–234—JUNE 15, 2006
complied with the standards contained in the Quartet’s January
30, 2006 Statement on the Situation in the Middle East that ‘‘a
future Palestinian government must be committed to nonviolence,
recognition of Israel, and acceptance of previous agreements and
obligations, including the Roadmap’’.
‘‘(b) WAIVER AUTHORITY.—
‘‘(1) The President may waive subsection (a) with respect
to the administrative and personal security costs of the Office
of the President of the Palestinian Authority, for activities
of the President of the Palestinian Authority to promote democ-
racy, peaceful resolution of the Israeli-Palestinian conflict, and
the rule of law, and with respect to independent agencies,
if the President certifies and reports to the Committees on
Appropriations that—
‘‘(A) it is in the national security interest of the United
States to provide such assistance;
‘‘(B) as the case may be, the President of the Pales-
tinian Authority, the President’s party, and independent
agencies and any members thereof, are not members of,
appointed by, or effectively controlled by Hamas or any
other foreign terrorist organization; and
‘‘(C) assistance provided under the authority of this
subsection will not be transferred or retransferred to any
member of Hamas or other foreign terrorist organization
or to any entity effectively controlled by Hamas or other
foreign terrorist organization.
‘‘(2) Not less than 15 days prior to exercising the authority
provided in this subsection, the President shall consult with,
and shall provide a written policy justification to, the Commit-
tees on Appropriations of the House of Representatives and
the Senate and the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate.
‘‘(c) REPORT.—Whenever the waiver authority pursuant to sub-
section (b) is exercised, the President shall submit a report to
the Committees on Appropriations describing how the funds will
be spent and the accounting procedures in place to ensure proper
oversight and accountability.’’.
(b) Effective on the date of enactment of this Act, none of
the funds appropriated under the heading ‘‘Economic Support Fund’’
in Public Law 109–102 (119 Stat. 2217) or any prior Act making
appropriations for foreign operations, export financing and related
programs may be obligated for assistance for the West Bank and
Gaza until the Secretary of State consults with the Committees
on Appropriations, submits a revised plan for such assistance to
the Committees on Appropriations, and determines and reports
to the Committees on Appropriations that appropriate procedures
and safeguards exist to ensure that United States assistance is
not provided to or through any individual, private or government
entity, or educational institution, that the Secretary knows or has
reason to believe advocates, plans, sponsors, engages in, or has
engaged in, terrorist activity.
SEC. 1305. Of the funds appropriated under the heading ‘‘Sub-
sidy Appropriation’’ for the Export-Import Bank of the United States
that are available for tied-aid grants in title I of Public Law 107–
115 and under such heading in prior Acts making appropriations
Effective date.
Reports.
Deadline.
President.
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PUBLIC LAW 109–234—JUNE 15, 2006
for foreign operations, export financing, and related programs,
$37,000,000 are rescinded.
SEC. 1306. To the extent not otherwise authorized, supervision
and administrative costs of the Department of Defense associated
with a construction project funded with the Iraq Relief and
Reconstruction Fund may be obligated at the time a construction
contract is awarded or, for pre-existing contracts, by September
30, 2006: Provided, That for the purposes of this section, supervision
and administration costs include all in-house Government costs.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
For 
an 
additional 
amount 
for 
‘‘Operating 
Expenses’’,
$26,692,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 5
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’,
$187,100,000, to remain available until September 30, 2007: Pro-
vided, That such funds may be obligated and expended to carry
out planning and design and military construction projects not
otherwise authorized by law: Provided further, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006: Pro-
vided further, That $50,000,000 of the funds provided under this
heading may not be obligated or expended until after that date
on which the Secretary of Defense submits a detailed plan for
Counter IED/Urban Bypass Roads, Iraq, to the Committees on
Appropriations of the House of Representatives and Senate.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$27,700,000, to remain available until September 30, 2007: Pro-
vided, That such funds may be obligated and expended to carry
out planning and design and military construction projects not
otherwise authorized by law: Provided further, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
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PUBLIC LAW 109–234—JUNE 15, 2006
MILITARY CONSTRUCTION, DEFENSE-WIDE
For an additional amount for ‘‘Military Construction, Defense-
Wide’’, $20,600,000, to remain available until September 30, 2007:
Provided, That such funds may be obligated and expended to carry
out planning and design and military construction projects not
otherwise authorized by law: Provided further, That the amount
provided under this heading is designated as an emergency require-
ment 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 JUSTICE
LEGAL ACTIVITIES
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Expenses, United
States Attorneys’’, $3,000,000, 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.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$1,000,000, 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.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$85,700,000, to remain available until September 30, 2007: Pro-
vided, That no funding provided under this heading shall be avail-
able for obligation for a new or enhanced information technology
program unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations that
the information technology program has appropriate program
management and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise architecture
of the Department of Justice and Federal Bureau of Investigation:
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.
Certification.
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PUBLIC LAW 109–234—JUNE 15, 2006
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$14,200,000, to remain available until September 30, 2007: 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.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$4,000,000, 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.
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’’, $1,383,625,000, to remain available until September 30,
2007: Provided, That of the funds available under this heading,
not less than $250,000 shall be made available for the establishment
and adequate support, including staffing and travel, of the Office
of the Presidential Special Envoy for Sudan: Provided further, That
of the amount made available under this heading, $1,000,000 shall
be available for transfer to the United States Institute of Peace:
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.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Office of Inspector General’’,
$25,300,000, to remain available until September 30, 2007, of which
$24,000,000 shall be transferred to the Special Inspector General
for Iraq Reconstruction for reconstruction oversight: 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.
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PUBLIC LAW 109–234—JUNE 15, 2006
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ‘‘Educational and Cultural
Exchange Programs’’, $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.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ‘‘Contributions for International
Peacekeeping Activities’’, $129,800,000, 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.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broadcasting Oper-
ations’’ for programs and activities promoting democracy in Iran,
$10,274,000, to remain available until expended: 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.
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ‘‘Broadcasting Capital Improve-
ments’’, $25,826,000, to support programming to Iran, 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.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1601. Funds appropriated or made available in this
chapter for the Broadcasting Board of Governors and the Depart-
ment of State may be obligated and expended notwithstanding
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103–236), and section 504(a)(1) of the
National Security Act of 1947.
SEC. 
1602. 
(a) 
WAIVER
OF
ANNUITY
LIMITATIONS
ON
REEMPLOYED FOREIGN SERVICE ANNUITANTS.—Section 824(g) of the
Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended to
read as follows:
‘‘(g)(1) To facilitate the assignment of persons to Iraq and
Afghanistan or to posts vacated by members of the Service assigned
to Iraq and Afghanistan, the Secretary of State may waive the
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PUBLIC LAW 109–234—JUNE 15, 2006
application of subsections (a) through (d) on a case-by-case basis
for an annuitant reemployed on a temporary basis, or grant
authority to the head of an Executive agency to waive the applica-
tion of subsections (a) through (d) on a case-by-case basis for an
annuitant reemployed on a temporary basis—
‘‘(A) if, and for so long as, such waiver is necessary due
to an emergency involving a direct threat to life or property
or other unusual circumstances; or
‘‘(B) if the annuitant is employed in a position for which
there is exceptional difficulty in recruiting or retaining a quali-
fied employee.
‘‘(2) The authority of the Secretary to waive the application
of subsections (a) through (d) for an annuitant pursuant to subpara-
graph (B) of paragraph (1), or to grant authority to the head
of an Executive agency to waive the application of such subsections
to an annuitant under subparagraphs (A) or (B) of such paragraph,
shall terminate on October 1, 2008. An annuitant reemployed pursu-
ant to such authority prior to such termination date may be
employed for a period ending not later than one year after such
date.
‘‘(3) The Secretary should prescribe procedures for the exercise
of any authority under paragraph (1), including criteria for any
exercise of authority and procedures for a delegation of authority.’’.
(b) WAIVER OF ANNUITY LIMITATIONS ON REEMPLOYED CIVIL
SERVICE ANNUITANTS.—
(1) DEPARTMENT OF STATE.—Title I of the Department of
State Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 61. REEMPLOYMENT OF ANNUITANTS UNDER THE CIVIL SERVICE
RETIREMENT 
SYSTEM 
AND 
FEDERAL 
EMPLOYEES’
RETIREMENT SYSTEM.
‘‘(a) AUTHORITY.—
‘‘(1) IN GENERAL.—To facilitate the assignment of persons
to Iraq and Afghanistan or to posts vacated by members of
the Service assigned to Iraq and Afghanistan, the Secretary
of State may waive the application of the provisions of section
8344 or 8468 of title 5, United States Code, on a case-by-
case basis for employment of an annuitant in a position in
the Department of State for which there is exceptional difficulty
in recruiting or retaining a qualified employee, or when a
temporary emergency hiring need exists.
‘‘(2) TERMINATION
OF
AUTHORITY.—The authority of the
Secretary under paragraph (1) shall terminate on October 1,
2008. An annuitant reemployed pursuant to such authority
prior to such termination date may be employed for a period
ending not later than one year after such date.
‘‘(b) PROCEDURES.—The Secretary should prescribe procedures
for the exercise of any authority under subsection (a), including
criteria for any exercise of authority and procedures for a delegation
of authority.
‘‘(c) ANNUITANTS NOT TREATED AS EMPLOYEES FOR PURPOSES
OF RETIREMENT BENEFITS.—An employee for whom a waiver under
this section is in effect shall not be considered an employee for
purposes of subchapter III of chapter 83, or chapter 84 of title
5, United States Code.’’.
22 USC 2733.
Termination
date.
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PUBLIC LAW 109–234—JUNE 15, 2006
(2) UNITED STATES AGENCY FOR INTERNATIONAL DEVELOP-
MENT.—Section 625 of the Foreign Assistance Act of 1961 (22
U.S.C. 2385) is amended by adding at the end the following
new subsection:
‘‘(j)(1)(A) To facilitate the assignment of persons to Iraq and
Afghanistan or to posts vacated by members of the Service assigned
to Iraq and Afghanistan, the Administrator of the United States
Agency for International Development may waive the application
of the provisions of section 8344 or 8468 of title 5, United States
Code, on a case-by-case basis for employment of an annuitant
in a position in the United States Agency for International Develop-
ment for which there is exceptional difficulty in recruiting or
retaining a qualified employee, or when a temporary emergency
hiring need exists.
‘‘(B) The authority of the Administrator under subparagraph
(A) shall terminate on October 1, 2008. An annuitant reemployed
pursuant to such authority prior to such termination date may
be employed for a period ending not later than one year after
such date.
‘‘(2) The Administrator should prescribe procedures for the exer-
cise of any authority under this subsection, including criteria for
any exercise of authority and procedures for a delegation of
authority.
‘‘(3) An employee for whom a waiver under this section is
in effect shall not be considered an employee for purposes of sub-
chapter III of chapter 83, or chapter 84 of title 5, United States
Code.’’.
(c) 
REPORT
ON
USE
OF
ANNUITY
LIMITATION
WAIVER
AUTHORITY.—Not later than 1 year after the date of the enactment
of this Act, the Secretary of State shall submit to the Committee
on Foreign Relations, the Committee on Appropriations, and the
Committee on Homeland Security and Government Affairs of the
Senate and the Committee on International Relations, the Com-
mittee on Appropriations, and the Committee on Government
Reform of the House of Representatives a report on the exercise
of the waiver authorities provided under section 824(g) of the For-
eign Service Act of 1980 (22 U.S.C. 4064(g)), as amended by sub-
section (a), section 61 of the State Department Basic Authorities
Act of 1956, as added by subsection (b)(1), and section 625(j) of
the Foreign Assistance Act of 1961, as added by subsection (b)(2).
The report shall include the number and type of positions that
have been filled under such waiver authority, and the retirement
date, former job title, and new job title of each annuitant reemployed
under such authority.
(d) HOME LEAVE PROVISIONS.—
(1) TRAVEL
EXPENSES
FOR
REST
AND
RECUPERATION
TRAVEL.—Section 901(6) of the Foreign Service Act (22 U.S.C.
4081(6)) is amended by striking ‘‘unbroken by home leave’’
each place it appears.
(2) AUTHORITY TO REQUIRE LEAVES OF ABSENCE.—Section
903(a) of the Foreign Service Act (22 U.S.C. 4083) is amended
by striking ‘‘18 months’’ and inserting ‘‘12 months’’.
(e) AUTHORITY TO PROVIDE ACCOMMODATION AND SUBSISTENCE
TO INDIVIDUALS SERVING IN IRAQ AND AFGHANISTAN.—The Secretary
of State may provide during any fiscal year, with or without
reimbursement, accommodation and subsistence to personnel in
Iraq and Afghanistan for whom the Chief of Mission is responsible.
22 USC 2703
note.
Termination
date.
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PUBLIC LAW 109–234—JUNE 15, 2006
SEC. 1603. (a) IN GENERAL.—During fiscal years 2006, 2007,
and 2008, the head of an agency may, in the agency head’s discre-
tion, provide to an individual employed by, or assigned or detailed
to, such agency allowances, benefits, and gratuities comparable
to those provided by the Secretary of State to members of the
Foreign Service under section 413 and chapter 9 of title I of the
Foreign Service Act of 1980 (22 U.S.C. 3973; 4081 et seq.), if
such individual is on official duty in Iraq or Afghanistan.
(b) CONSTRUCTION.—Nothing in this section shall be construed
to impair or otherwise affect the authority of the head of an agency
under any other provision of law.
(c) APPLICABILITY OF CERTAIN AUTHORITIES.—Section 912(a) of
the Internal Revenue Code of 1986 shall apply with respect to
amounts received as allowances or otherwise under this section
in the same manner as section 912 of the Internal Revenue Code
of 1986 applies with respect to amounts received by members of
the Foreign Service as allowances or otherwise under chapter 9
of title I of the Foreign Service Act of 1980.
CHAPTER 7
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$1,800,000, 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.
TITLE II
FURTHER HURRICANE DISASTER RELIEF AND RECOVERY
CHAPTER 1
DEPARTMENT OF AGRICULTURE
EXECUTIVE OPERATIONS
WORKING CAPITAL FUND
For an additional amount for ‘‘Working Capital Fund’’,
$25,000,000, to remain available until September 30, 2007, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
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PUBLIC LAW 109–234—JUNE 15, 2006
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector General’’,
$445,000, to remain available until September 30, 2007, for nec-
essary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency require-
ment 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’’,
$10,000,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
BUILDINGS AND FACILITIES
For an additional amount for ‘‘Buildings and Facilities’’,
$20,000,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for ‘‘Emergency Watershed Protection
Program’’, $50,955,000, to remain available until expended, for
emergency measures in disaster areas affected by Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That
notwithstanding any other provision of law, the Secretary, acting
through the Natural Resources Conservation Service, using funds
made available under this heading may provide financial and tech-
nical assistance to remove and dispose of debris and animal car-
casses that could adversely affect health and safety on non-Federal
land in a hurricane-affected county: Provided 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.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$1,000,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season for State Rural Development
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PUBLIC LAW 109–234—JUNE 15, 2006
offices located in Mississippi and Louisiana: 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.
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for the cost of community facilities
direct loans, loan guarantees, and grants described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$25,000,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That not to exceed
$5,000,000 shall be available for direct and guaranteed loans: 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.
GENERAL PROVISIONS—THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
SEC. 2101. Notwithstanding subsection (b) of section 102 of
title I of division B of Public Law 109–148 (119 Stat. 2748), the
Secretary of Agriculture may provide financial and technical assist-
ance in carrying out such section in an amount up to 100 percent
Federal share, as provided in regulations implementing the emer-
gency watershed protection program: 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.
SEC. 2102. Notwithstanding any other provision of law, the
Chief of the Natural Resources Conservation Service may enter
into agreements to donate up to 20 used vehicles currently on
loan to organizations or State or local units of government affected
by Hurricane Katrina and other hurricanes of the 2005 season.
SEC. 2103. The Secretary of Agriculture may continue to use
any of the authorities provided in section 105 of chapter 1 of
title I of division B of Public Law 109–148 (119 Stat. 2749–2750),
for a period not to exceed 18 additional months: Provided, That
the authority provided in subsection (a)(7) of such section may
allow funds made available under the Community Facility Grant
program to be approved without regard to income limits for purposes
related to the consequences of Hurricane Katrina and other hurri-
canes of the 2005 season for structures designated by a State
or local governmental entity as an emergency shelter: Provided
further, That the amount provided under this section is designated
as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
SEC. 2104. Of the funds appropriated in section 101(a) of
chapter 1 of title I of division B of Public Law 109–148 (119
Stat. 2747), to provide assistance under the emergency conservation
program established under title IV of the Agricultural Credit Act
of 1978 (16 U.S.C. 2201 et seq.), $38,000,000 are transferred to
the National Oceanic and Atmospheric Administration in the
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PUBLIC LAW 109–234—JUNE 15, 2006
Department of Commerce for activities involving oysters: Provided,
That the amount transferred under this section is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
SEC. 2105. Section 101(b) of chapter 1 of title I of division
B of Public Law 109–148 (119 Stat. 2747) is amended—
(1) in the heading, by striking ‘‘, Oyster,’’;
(2) in the matter preceding paragraph (1)—
(A) by striking ‘‘, oyster,’’; and
(B) by striking ‘‘public and private oyster reefs or’’;
(3) in paragraph (3), by adding ‘‘and’’ at the end;
(4) by striking paragraph (4); and
(5) by redesignating paragraph (5) as paragraph (4).
SEC. 2106. Funds made available for the wildlife habitat incen-
tive program established under section 1240N of the Food Security
Act of 1985 (16 U.S.C. 3839bb–1) under section 211(b) of the Agricul-
tural Risk Protection Act of 2000 (Public Law 106–224; 7 U.S.C.
1421 note) and section 820 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 2001 (Public Law 106–387; 114 Stat. 1549A–59) shall
remain available until expended to carry out obligations made for
fiscal year 2001 and are not available for new obligations.
CHAPTER 2
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$2,125,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: 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.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$22,002,000, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is 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.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $3,992,000, for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
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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’’,
$21,610,000, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is 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.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel, Army’’,
$4,071,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: 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.
RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel, Navy’’,
$10,200,000, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is 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.
RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $2,176,000, for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$94,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: 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.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $1,304,000, for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading
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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’’, $1,408,000, for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $29,913,000, to remain available until September 30, 2007,
for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That
the amount provided under this heading is designated as an 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, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $37,359,000, to remain available until September 30,
2007, for necessary expenses related to the consequences of Hurri-
cane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
OPERATION AND MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $12,755,000, to remain available until September
30, 2007, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: 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.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $1,277,000, to remain available until September
30, 2007, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of H. Con.
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PUBLIC LAW 109–234—JUNE 15, 2006
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’’, $42,307,000, to remain available until Sep-
tember 30, 2007, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is 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.
PROCUREMENT
PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $700,000, to remain available until September 30, 2008,
for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$9,136,000, to remain available until September 30, 2008, for nec-
essary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$579,000, to remain available until September 30, 2008, for nec-
essary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $899,000, to remain available until Sep-
tember 30, 2008, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is 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.
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PUBLIC LAW 109–234—JUNE 15, 2006
SHIPBUILDING AND CONVERSION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Shipbuilding and Conversion,
Navy’’, $775,236,000, to remain available until September 30, 2010,
for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, which shall be
available for transfer within this account to replace destroyed or
damaged equipment; prepare and recover naval vessels under con-
tract; and provide for cost adjustments for naval vessels for which
funds have been previously appropriated: Provided, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to
making transfers within this appropriation, notify the congressional
defense committees in writing of the details of any such transfer:
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.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$85,040,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$13,000,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$2,797,000, to remain available until September 30, 2008, for nec-
essary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Deadline.
Notification.
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PUBLIC LAW 109–234—JUNE 15, 2006
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $12,000,000, to remain available until Sep-
tember 30, 2007, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $6,250,000, to remain available until
September 30, 2007, for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $730,000, to remain available until
September 30, 2007, for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$1,222,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: 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.
NATIONAL DEFENSE SEALIFT FUND
For an additional amount for ‘‘National Defense Sealift Fund’’,
$10,000,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
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PUBLIC LAW 109–234—JUNE 15, 2006
TRUST FUNDS
GENERAL FUND PAYMENT, SURCHARGE COLLECTIONS, SALES OF
COMMISSARY STORES, DEFENSE
For an additional amount for ‘‘General Fund Payment, Sur-
charge 
Collections, 
Sales 
of 
Commissary 
Stores, 
Defense’’,
$10,530,000, to remain available until September 30, 2010, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$33,881,000, to remain available until September 30, 2007, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector General’’,
$326,000, to remain available until September 30, 2007, for nec-
essary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency require-
ment 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
(TRANSFER OF FUNDS)
SEC. 2201. Upon his determination that such action is necessary
to ensure the appropriate allocation of funds provided to the Depart-
ment of Defense in this chapter and in chapter 2, title I of this
Act, the Secretary of Defense may transfer up to $150,000,000
between appropriations made available for military personnel; oper-
ation and maintenance; procurement; research, development, test
and evaluation; and revolving and management funds: Provided,
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to this authority: Provided further, That
the transfer authority provided in this section is in addition to
any other transfer authority available to the Department of Defense.
SEC. 2202. None of the funds provided in this chapter may
be used to finance programs or activities denied by Congress in
fiscal year 2005 and 2006 appropriations to the Department of
Defense or to initiate a procurement or research, development,
Notification.
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PUBLIC LAW 109–234—JUNE 15, 2006
test and evaluation new start program without prior written
notification to the congressional defense committees.
SEC. 2203. Notwithstanding any other provision of law, of the
amounts appropriated or otherwise made available under the
heading ‘‘Shipbuilding and Conversion, Navy’’ in chapter 2 of title
II of this Act, or under said heading in chapter 2 of title I of
the Emergency Supplemental Appropriations Act to Address Hurri-
canes in the Gulf of Mexico and Pandemic Influenza, 2006 (division
B of Public Law 109–148; 119 Stat. 2757), not less than
$140,000,000 shall be made available for infrastructure improve-
ments at Gulf Coast shipyards that have existing Navy shipbuilding
contracts and that were damaged by Hurricane Katrina in calendar
year 2005.
CHAPTER 3
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
INVESTIGATIONS
For an additional amount for ‘‘Investigations’’ for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $3,300,000, to remain available
until expended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006: Provided further,
That the Secretary of the Army, acting through the Chief of Engi-
neers, utilizing $3,300,000 of the funds provided herein shall
develop a comprehensive plan, at full Federal expense, to
deauthorize deep draft navigation on the Mississippi River-Gulf
Outlet, Louisiana, extending from the Gulf of Mexico to the Gulf
Intracoastal Waterway: Provided further, That, not later than 6
months after the date of enactment of this Act, the Secretary
shall submit an interim report to Congress comprising the plan:
Provided further, That the Secretary shall refine the plan, if nec-
essary, to be fully consistent, integrated, and included in the final
report to be issued in December 2007 for the Louisiana Coastal
Protection and Restoration Plan: Provided further, the Secretary
shall provide to the Congress a report, by not later than 90 days
after the date of enactment of this Act, describing, for the period
beginning on the date on which the individual system components
for hurricane and storm damage reduction were constructed and
ending on the date on which the report is prepared, the difference
between the vertical settlement of the system that is attributable
to the settling of levees and floodwalls or subsidence versus the
vertical grade deficiencies that are attributable to new storm data
that may require a higher level of vertical protection in order
to comply with 100-year floodplain certification and standard project
hurricane.
Deadline.
Reports.
Deadline.
Reports.
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PUBLIC LAW 109–234—JUNE 15, 2006
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $549,400,000, to remain avail-
able until expended, of which up to $20,200,000 may be used
to reduce the risk of storm damage to the greater New Orleans
metropolitan area, at full Federal expense, by restoring the sur-
rounding wetlands through measures to begin to reverse wetland
losses in areas affected by navigation, oil and gas, and other chan-
nels and through modification of the Caernarvon Freshwater Diver-
sion structure or its operations; at least $495,300,000 shall be
used consistent with the cost-sharing provisions under which the
projects were originally constructed to raise levee heights where
necessary and otherwise enhance the existing Lake Pontchartrain
and Vicinity project and the existing West Bank and Vicinity project
to provide the levels of protection necessary to achieve the certifi-
cation required for participation in the National Flood Insurance
Program under the base flood elevations current at the time of
this construction: 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 $1,500,000 shall be for the North Padre Island, Texas project:
Provided further, That $30,400,000 is available for flood control
work in the Sacramento, California, Area: Provided further, That
$2,000,000 shall be provided at full Federal expense for the Hawaii
Water Systems Technical Assistance Program.
OPERATIONS AND MAINTENANCE
For an additional amount for ‘‘Operations and Maintenance’’
to dredge navigation channels and repair other Corps projects
related to the consequences of Hurricane Katrina and other hurri-
canes of the 2005 season, $3,200,000 to remain available until
expended: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use funds appropriated herein for dredging needs
along the Texas Gulf Coast.
FLOOD CONTROL AND COASTAL EMERGENCIES
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ‘‘Flood Control and Coastal Emer-
gencies’’, as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to the con-
sequences 
of 
Hurricane 
Katrina 
and 
other 
hurricanes,
$3,145,024,000, to remain available until expended: Provided, That
the Secretary of the Army is directed to use the funds appropriated
under this heading to modify, at full Federal expense, authorized
projects in southeast Louisiana to provide hurricane and storm
damage reduction and flood damage reduction in the greater New
Orleans and surrounding areas; $530,000,000 shall be used to
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PUBLIC LAW 109–234—JUNE 15, 2006
modify the 17th Street, Orleans Avenue, and London Avenue drain-
age canals and install pumps and closure structures at or near
the lakefront; $250,000,000 shall be used for storm-proofing interior
pump stations to ensure the operability of the stations during
hurricanes, storms, and high water events; $170,000,000 shall be
used for armoring critical elements of the New Orleans hurricane
and storm damage reduction system; $350,000,000 shall be used
to improve protection at the Inner Harbor Navigation Canal;
$215,000,000 shall be used to replace or modify certain non-Federal
levees in Plaquemines Parish to incorporate the levees into the
existing New Orleans to Venice hurricane protection project;
$1,584,000,000 shall be used for reinforcing or replacing flood walls,
as necessary, in the existing Lake Pontchartrain and Vicinity project
and the existing West Bank and Vicinity project to improve the
performance of the systems; $30,024,000 for repairs, replacements,
modifications and improvements of non-Federal levees and associ-
ated protection measures in Terrebonne Parish at full Federal
expense: Provided further, That $16,000,000 is provided for the
restoration of funds for hurricane-damaged projects in the State
of Pennsylvania: Provided further, That any project using funds
appropriated under this heading shall be initiated only after non-
Federal interests have entered into binding agreements with the
Secretary requiring the non-Federal interests to pay 100 percent
of the operation, maintenance, repair, replacement, and rehabilita-
tion costs of the project and to hold and save the United States
free from damages due to the construction or operation and mainte-
nance of the project, except for damages due to the fault or neg-
ligence of the United States or its contractors: 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.
Of the funds provided under this heading in chapter 3 of
division B of Public Law 109–148, $15,000,000 are rescinded.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
WATER AND RELATED RESOURCES
For an additional amount for ‘‘Water and Related Resources’’,
$9,000,000, to remain available until expended for Drought Emer-
gency Assistance: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
GENERAL PROVISION—THIS CHAPTER
SEC. 2301. USE OF UNEXPENDED FUNDS. (a) IN GENERAL.—
Notwithstanding any other provision of law, amounts made avail-
able to the State of Oklahoma or agencies or authorities therein
(referred to in this section as the ‘‘State’’) before the date of enact-
ment of this Act for general remediation activities being conducted
in the vicinity of the Tar Creek Superfund Site in northeastern
Oklahoma and in Ottawa County, Oklahoma, that remain unex-
pended as of the date of enactment of this Act are authorized
Contracts.
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PUBLIC LAW 109–234—JUNE 15, 2006
to be used by the State to assist individuals and entities in reloca-
tion from areas at risk or potential risk of damage caused by
land subsidence as determined by the State.
(b) USE OF UNEXPENDED FUNDS.—The use of unexpended funds
in accordance with subsection (a)—
(1) shall not be subject to the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.); and
(2) may include any general remediation activities
described in section (a) determined to be appropriate by the
State, including the buyout of 1 or more properties to facilitate
a relocation described in subsection (a).
SEC. 2302. (a) The $12,000,000 provided in division B, chapter
3 of title I, Investigations, of Public Law 109–148 (119 Stat. 2761)
for the Louisiana hurricane protection study shall be at full Federal
expense.
(b) Of the $12,000,000 provided in division B, chapter 3 of
title I, Investigations, of Public Law 109–148 (119 Stat. 2761)
for the Louisiana hurricane protection study, $5,000,000 shall be
available for expenditure prior to the effective date of the enactment
of a State law establishing a single State or quasi-State entity
to act as local sponsor for construction, operation and maintenance
of all of the hurricane, storm damage reduction and flood control
projects in the greater New Orleans and southeast Louisiana area.
SEC. 2303. Chapter 3, under division B of title I of Public
Law 109–148 (119 Stat. 2762) under the heading ‘‘Flood Control,
Mississippi River and Tributaries, Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee’’ is modified by
inserting the following before the period: ‘‘: Provided further, That
the Corps is directed to expedite and accelerate completion of any
study or any unconstructed portion of the Mississippi River and
Tributaries project for the flood and storm damage reduction
projects in the south Louisiana area’’: 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.
SEC. 2304. Chapter 3, under division B of title I of Public
Law 109–148 (119 Stat. 2762) under the heading ‘‘Operations and
Maintenance’’ is modified by inserting the following before the
last proviso: ‘‘: Provided further, That $75,000,000 of the funds
provided herein shall be used for the repair, construction or provi-
sion of measures or structures necessary to protect, restore or
increase wetlands, to prevent saltwater intrusion or storm surge’’:
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.
SEC. 2305. Section 227 of Public Law 104–303 is modified
as follows:
(1) Section 5(a) is amended by striking ‘‘6’’, and inserting
‘‘7’’ in lieu thereof.
(2) Section 5(e)(2) is amended by striking ‘‘$21,000,000’’,
and inserting ‘‘$25,000,000’’ in lieu thereof.
SEC. 2306. (a) Section 104(c) of the Reclamation States Emer-
gency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended
by striking ‘‘September 30, 2005’’ and inserting ‘‘September 30,
2010’’ in lieu thereof.
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PUBLIC LAW 109–234—JUNE 15, 2006
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) is amended by striking ‘‘fiscal
years 1992, 1993, 1994, 1995, 1996, 1999, 2000, 2001, 2002, 2003,
and 2004’’ and inserting ‘‘the period of fiscal years 2006 through
2010’’ in lieu thereof.
SEC. 2307. None of the funds made available before, on, or
after the date of enactment of this Act in an appropriations Act
may be expended to prevent or limit any reprogramming of funds
for a project to be carried out by the Corps of Engineers using
funds appropriated in any Act making appropriations for energy
and water development, based on whether the project was included
by the President in the budget transmitted under section 1105(a)
of title 31, United States Code, or is otherwise proposed by the
President or considered part of the budget by the Office of Manage-
ment and Budget, if the project received funds in an Act making
appropriations for energy and water development or any other
appropriations Act making additional funds available for energy
and water development.
SEC. 2308. None of the funds made available under this or
any other Act shall be used during fiscal year 2006 or previous
to April 1, 2007, to make, or plan or prepare to make, any payment
on bonds issued by the Administrator of the Bonneville Power
Administration (referred in this section as the ‘‘Administrator’’)
or for an appropriated Federal Columbia River Power System
investment, if the payment is both—
(1) greater, during any fiscal year, than the payments
calculated in the rate hearing of the Administrator to be made
during that fiscal year using the repayment method used to
establish the rates of the Administrator as in effect on February
6, 2006; and
(2) based or conditioned on the actual or expected net
secondary power sales receipts of the Administrator.
SEC. 2309. Section 1202 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990, as amended (110 Stat. 4085,
4091; 16 U.S.C. 4722(i)(3)(C)), is amended by deleting ‘‘, to carry
out this paragraph, $750,000’’, and inserting the following in lieu
thereof: ‘‘such sums as are necessary to carry out the dispersal
barrier demonstration project directed by this paragraph’’.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector General’’
for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $2,000,000, 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.
33 USC 2293a.
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PUBLIC LAW 109–234—JUNE 15, 2006
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’ for nec-
essary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season, $12,900,000: 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.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $4,800,000, 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.
UNITED STATES COAST GUARD
OPERATING EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Operating Expenses’’ for nec-
essary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season, $88,970,000, to remain
available until September 30, 2007, of which up to $267,000 may
be transferred to ‘‘Environmental Compliance and Restoration’’ to
be used for environmental cleanup and restoration of Coast Guard
facilities in the Gulf of Mexico region; and of which up to $470,000
may be transferred to ‘‘Research, Development, Test, and Evalua-
tion’’ to be used for salvage and repair of research and development
equipment and facilities: 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.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construction, and
Improvements’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
$191,730,000, to remain available until expended: 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.
FEDERAL EMERGENCY MANAGEMENT AGENCY
ADMINISTRATIVE AND REGIONAL OPERATIONS
For an additional amount for ‘‘Administrative and Regional
Operations’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
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$71,800,000, to remain available until expended: 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.
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY
For an additional amount for ‘‘Preparedness, Mitigation,
Response, and Recovery’’ for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $10,000,000, 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.
DISASTER RELIEF
For an additional amount for ‘‘Disaster Relief’’ for necessary
expenses under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.), $6,000,000,000, to
remain available until expended: Provided, That for States in which
the President declared a major disaster (as that term is defined
in section 102 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5122)) on September 24, 2005,
as a result of Hurricane Rita, each county or parish eligible for
individual and public assistance under such declaration in such
States will be treated equally for purposes of cost-share adjustments
under such Act, to account for the impact in those counties and
parishes of Hurricanes Rita and Katrina: Provided further, That
the Secretary of Homeland Security shall submit for approval a
proposal and an expenditure plan for housing, including the alter-
native housing pilot programs under section 2403 of this Act, to
the Committees on Appropriations of the Senate and House of
Representatives within forty-five days from the date of enactment
of this Act: 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.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For an additional amount for ‘‘Disaster Assistance Direct Loan
Program Account’’ for the cost of direct loans as authorized under
section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184), $279,800,000, to be used to assist
local governments affected by Hurricane Katrina and other hurri-
canes of the 2005 season in providing essential services, of which
$1,000,000 is for administrative expenses to carry out the direct
loan program: Provided, That such funds may be made to subsidize
gross obligations for the principal amount of direct loans not to
exceed $371,733,000: Provided further, That notwithstanding sec-
tion 417(b) of such Act, the amount of any such loan issued pursuant
to this section may exceed $5,000,000, and may be equal to not
more than 50 percent of the annual operating budget of the local
government in any case in which that local government has suffered
a loss of 25 percent or more in tax revenues due to Hurricane
Deadline.
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Katrina or Hurricane Rita: Provided further, That notwithstanding
section 417(c)(1) of such Act, such loans may not be canceled:
Provided further, That the cost of modifying such loans shall be
as defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a): 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. 2401. The Federal Emergency Management Agency may
provide funds to a State or local government or, as necessary,
assume an existing agreement from such unit of government, to
pay for utility costs resulting from the provision of temporary
housing units to evacuees from Hurricane Katrina and other hurri-
canes of the 2005 season if the State or local government has
previously arranged to pay for such utilities on behalf of the evac-
uees for the term of any leases, not to exceed 12 months, contracted
by or prior to February 7, 2006: Provided, That the Federal share
of the costs eligible to be paid shall be 100 percent.
SEC. 2402. (a) Title III of Public Law 109–90 (119 Stat. 2079)
is amended under the heading ‘‘National Flood Insurance Fund’’
by striking in the proviso ‘‘$30,000,000’’ and inserting ‘‘such sums
as necessary’’.
(b) The provisions of this section are 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.
SEC. 2403. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall consider eligible under the
Federal Emergency Management Agency Individual Assistance Pro-
gram the costs sufficient for alternative housing pilot programs
in the areas hardest hit by Hurricane Katrina and other hurricanes
of the 2005 season.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH AND WILDLIFE SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season and for repayment of advances
to projects from which funds were transferred for such purposes,
$132,400,000, to remain available until expended: 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.
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NATIONAL PARK SERVICE
HISTORIC PRESERVATION FUND
For an additional amount for the ‘‘Historic Preservation Fund’’
for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $43,000,000,
to remain available until September 30, 2007: Provided, That of
the funds provided under this heading, $40,000,000 shall be pro-
vided to State Historic Preservation Officers, after consultation
with the National Park Service, for grants for disaster relief in
areas of Louisiana, Mississippi, and Alabama impacted by Hurri-
canes Katrina or Rita: Provided further, That grants shall be for
the preservation, stabilization, rehabilitation, and repair of historic
properties listed in or eligible for the National Register of Historic
Places, for planning and technical assistance: Provided further,
That preference shall be given to grants based upon, but not limited
to, properties located within National Heritage Areas, owner-occu-
pied houses, and an ability to spend the funds expeditiously: Pro-
vided further, That grants shall only be available for areas that
the President determines to be a major disaster under section
102(2) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)) due to Hurricanes Katrina or
Rita: Provided further, That individual grants shall not be subject
to a non-Federal matching requirement: Provided further, That
no more than 5 percent of funds provided under this heading
for disaster relief grants may be used for administrative expenses:
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.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $55,400,000, to remain avail-
able 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.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Surveys, Investigations, and
Research’’ for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season and
for repayment of advances to other appropriation accounts from
which funds were transferred for such purposes, $10,200,000, to
remain available until expended: 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.
Grants.
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MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Royalty and Offshore Minerals
Management’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season
and for repayment of advances to other appropriation accounts
from which funds were transferred for such purposes, $15,000,000,
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.
ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For an additional amount for ‘‘Environmental Programs and
Management’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
$6,000,000, 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.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
For an additional amount for the ‘‘Leaking Underground Stor-
age Tank Program’’ for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season, $7,000,000, 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.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NATIONAL FOREST SYSTEM
For an additional amount for the ‘‘National Forest System’’
for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $20,000,000,
to remain available until expended: 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.
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CHAPTER 6
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for ‘‘Training and Employment Serv-
ices’’, $16,000,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, for construction, rehabilitation,
and acquisition of Job Corps centers as authorized by the Workforce
Investment Act of 1998: 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
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For an additional amount for ‘‘Community Health Centers’’,
$4,000,000, to remain available until expended, to purchase and
operate communications equipment including satellite phones for
a communications network among departments of health, commu-
nity health centers and major medical centers in States affected
by Hurricane Katrina and other hurricanes of the 2005 season:
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.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for ‘‘Disease Control, Research, and
Training’’, $8,000,000, to remain available until expended, for mos-
quito and other pest abatement activities in States affected by
Hurricane Katrina and other hurricanes of the 2005 season: 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.
DEPARTMENT OF EDUCATION
HURRICANE EDUCATION RECOVERY
For an additional amount under the heading ‘‘Department of
Education’’ in Public Law 109–148 for carrying out section 107
of title IV, division B of that Act, $235,000,000, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That the amount
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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.
For an additional amount under part B of title VII of the
Higher Education Act of 1965 (‘‘HEA’’) for institutions of higher
education (as defined in section 102 of that Act) that are located
in an area in which a major disaster was 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 calendar year 2005, $50,000,000: Provided, That such
funds shall be available to the Secretary of Education only for
payments to help defray the expenses (which may include lost
revenue, reimbursement for expenses already incurred, and
construction) incurred by such institutions of higher education that
were forced to close, relocate or significantly curtail their activities
as a result of damage directly caused by such hurricanes: Provided
further, That such payments shall be made in accordance with
criteria established by the Secretary and made publicly available
without regard to section 437 of the General Education Provisions
Act, section 553 of title 5, United States Code, or part B of title
VII of the HEA: 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.
RELATED AGENCIES
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS, OPERATING
EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the Corporation for National
and Community Service (the ‘‘Corporation’’) for necessary expenses
related to the consequences of Hurricane Katrina and other hurri-
canes of the 2005 season, $10,000,000, to remain available until
September 30, 2007: Provided, That the funds made available under
this heading shall be available for the Civilian Community Corps
authorized under subtitle E of title I of the National and Community
Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12611 et seq.): Provided
further, That the Corporation may transfer funds from the amount
provided under the first proviso to the National Service Trust
authorized under subtitle D of title I of the Act (42 U.S.C. 12601)
upon determination that such transfer is necessary to support the
activities of Civilian Community Corps participants and after notice
is transmitted to Congress: Provided further, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 2601. (a) In this section:
(1) The term ‘‘affected institution’’ means an institution
of higher education that is—
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(A) a part B institution, as such term is defined in
section 322 of the Higher Education Act of 1965 (20 U.S.C.
1061);
(B) located in an area affected by a Gulf hurricane
disaster; and
(C) able to demonstrate that the institution—
(i) incurred physical damage resulting from the
impact of Hurricane Katrina or Rita;
(ii) has pursued collateral source compensation
from insurance, the Federal Emergency Management
Agency, or the Small Business Administration, as
appropriate; and
(iii) has not been able to fully reopen in existing
facilities or fully reopen to the levels that existed before
the impact of such hurricane due to physical damage
to the institution.
(2) The terms ‘‘area affected by a Gulf hurricane disaster’’
and ‘‘Gulf hurricane disaster’’ have the meanings given such
terms in section 209 of the Higher Education Hurricane Relief
Act of 2005 (Public Law 109–148, 119 Stat. 2809).
(b) Notwithstanding any other provision of law (unless enacted
with specific reference to this section), the Secretary of Education
is authorized to waive or modify, as the Secretary determines is
necessary, any statutory or regulatory provision related to histori-
cally Black college and university capital financing under part
D of title III of the Higher Education Act of 1965 (20 U.S.C.
1066 et seq.), in connection with a Gulf hurricane disaster, to
ensure that—
(1) the calculation of financing need under section 343
of such Act (20 U.S.C. 1066b) for an affected institution is
modified to reflect any changes in the financial condition of
the institution as a result of the Gulf hurricane disaster; and
(2) an affected institution that was not receiving assistance
under such part before the Gulf hurricane disaster is eligible
to apply for capital financing to assist in institutional recovery
from the Gulf hurricane disaster.
(c)(1) Notwithstanding section 343(b)(1) or any other provision
of title III of the Higher Education Act of 1965 (20 U.S.C.
1066b(b)(1), 1051 et seq.), in carrying out section 343 of such Act,
a designated bonding authority shall withhold not more than 1
percent for the cost of issuance from the proceeds of qualified
bonds that are loaned to an affected institution.
(2) Notwithstanding section 343(b)(3) or any other provision
of title III of the Higher Education Act of 1965 (20 U.S.C.
1066b(b)(3), 1051 et seq.), the Secretary shall pay any interest
above 1 percent charged for a loan issued under part D of title
III of such Act, after the date of enactment of this Act and with
respect to an affected institution, such that the affected institution
pays interest at a rate no higher than 1 percent.
(3) Notwithstanding any other provision of title III of the Higher
Education Act of 1965 (20 U.S.C. 1051 et seq.), the requirements
of section 343(b)(8) and 343(c)(2) of such Act (20 U.S.C. 1066(b)(8))
shall not apply with respect to an affected institution receiving
a loan under part D of title III of such Act (20 U.S.C. 1066 et
seq.).
(d) Notwithstanding any provision of title III of the Higher
Education Act of 1965 (20 U.S.C. 1051 et seq.), or any regulation
Deferment
period.
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PUBLIC LAW 109–234—JUNE 15, 2006
promulgated under such title, the Secretary of Education shall
grant a deferment, for a period of not more than 3 years, to
an affected institution that has received a loan under part D of
title III of such Act (20 U.S.C. 1066 et seq.). During the deferment
period granted under this subsection, the affected institution shall
not be required to pay any periodic installment of principal required
under the loan agreement for such loan, and interest on such
loan shall not accrue for the period of the deferment. During the
deferment period, the Secretary shall make principal and interest
payments otherwise due under the loan agreement. At the closing
of the loan, terms shall be set under which the affected institution
shall be required to repay the Secretary for the payments of prin-
cipal made by the Secretary during the deferment, on a schedule
that begins upon repayment to the lender in full on the loan
agreement.
(e)(1) Except as provided in paragraph (2), the authority pro-
vided under this section to enter into, or modify or waive the
terms of, a loan agreement or insurance agreement under part
D of title III of the Higher Education Act of 1965 (20 U.S.C.
1066 et seq.), or to grant a loan deferment under subsection (d),
shall terminate 1 year after the date of enactment of this Act.
(2) Any provision of a loan agreement or insurance agreement
modified or waived by the authority under this section shall remain
so modified or waived for the duration of the period covered by
the loan agreement or insurance agreement.
(f) The amount provided 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. 2602. Notwithstanding sections 107(f) and 110 of title
IV (commonly known as the ‘‘Hurricane Education Recovery Act’’)
of division B of the Department of Defense, Emergency Supple-
mental Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (Public Law 109–148; 119 Stat.
2680), the Secretary of Education may extend the period during
which a State educational agency or local educational agency may
obligate funds received under section 107 of that title to a date
no later than September 30, 2006, except that such funds shall
be used only for expenses incurred during the 2005–2006 school
year, as required by section 107 of that title.
SEC. 2603. Funds available to the Mississippi Institutes of
Higher Learning under the heading ‘‘Department of Education’’
in Public Law 109–148 may be used to support activities authorized
by part B of title VII of the Higher Education Act of 1965, as
determined necessary by the Mississippi Institutes of Higher
Learning: Provided, That the amount provided under this section
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
(TRANSFER OF FUNDS)
SEC. 2604. Of the funds made available under the heading
‘‘Disaster Relief’’ under the heading ‘‘Federal Emergency Manage-
ment Agency’’ in chapter 4 of this title, $38,000,000 is hereby
transferred to the Social Security Administration for necessary
expenses and direct or indirect losses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season:
Deadline.
Termination
date.
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Provided, That the amount transferred by 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 7
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season, $44,770,000, to remain available until September 30, 2010:
Provided, That such funds may be obligated and expended to carry
out planning and design and military construction projects not
otherwise authorized by law: Provided further, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $97,300,000,
to remain available until September 30, 2010: Provided, That such
funds may be obligated and expended to carry out planning and
design and military construction projects not otherwise authorized
by law: 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, ARMY NATIONAL GUARD
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ‘‘Military Construction, Army
National Guard’’, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
$330,071,000, to remain available until September 30, 2010: Pro-
vided, That such funds may be obligated and expended to carry
out planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the amount
provided under this heading in chapter 7 of title I of division
B of Public Law 109–148 (119 Stat. 2770), $120,000,000 are
rescinded: 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’’, for necessary expenses related to the consequences
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of Hurricane Katrina and other hurricanes of the 2005 season,
$5,800,000, to remain available until September 30, 2010: Provided,
That such funds may be obligated and expended to carry out plan-
ning 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.
MILITARY CONSTRUCTION, NAVY RESERVE
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ‘‘Military Construction, Navy
Reserve’’, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$24,270,000, to remain available until September 30, 2010: Pro-
vided, That such funds may be obligated and expended to carry
out planning and design and military construction projects not
otherwise authorized by law: Provided further, That the amount
provided under the heading ‘‘Military Construction, Naval Reserve’’
in chapter 7 of title I of division B of Public Law 109–148 (119
Stat. 2771) shall remain available until September 30, 2010, except
that, of such amount $49,530,000 are rescinded: 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.
DEPARTMENT OF VETERANS AFFAIRS
DEPARTMENTAL ADMINISTRATION
CONSTRUCTION, MAJOR PROJECTS
For an additional amount for ‘‘Construction, Major Projects’’,
for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $585,919,000,
to remain available until expended: Provided, That $35,919,000
shall be available for environmental cleanup and removal of debris
from the Department of Veterans Affairs land in Gulfport, Mis-
sissippi, and for any authorized purpose under this heading: Pro-
vided 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.
RELATED AGENCY
ARMED FORCES RETIREMENT HOME
MAJOR CONSTRUCTION
For an additional amount for ‘‘Major Construction’’, for nec-
essary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season, $176,000,000, to remain
available until expended: Provided, That, notwithstanding any other
provision of law, such funds shall be obligated and expended for
the planning and design and construction of a new Armed Forces
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Retirement Home in Gulfport, Mississippi: Provided further, 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.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 2701. The limitation of Federal contribution established
under section 18236(b) of title 10 is hereby waived for projects
appropriated in this chapter.
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
SEC. 2702. (a) Of the amounts made available in chapter 7
of title I of division B of Public Law 109–148, Department of
Veterans Affairs, ‘‘Medical Services’’, $198,265,000 are hereby
rescinded.
(b) For an additional amount for Department of Veterans
Affairs, ‘‘Medical Services’’, $198,265,000, to remain available until
September 30, 2007, for necessary expenses related to the con-
sequences of Hurrican Katrina and other hurricanes of the 2005
season.
(c) The funds made available in subsection (b) may be trans-
ferred to the Department of Veterans Affairs, ‘‘Medical Services’’,
‘‘Medical Administration’’, ‘‘Medical Facilities’’, ‘‘Construction, Minor
Projects’’, and ‘‘Information Technology Systems’’ accounts as
required.
(d) Not less than 15 days prior to making any such transfer
as authorized under subsection (c), the Department shall notify
the Committees on Appropriations of both Houses of Congress.
(e) 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. 2703. Notwithstanding any other provision of law, within
six months of enactment of this Act, the Secretary of Veterans
Affairs is authorized and directed to clean up and transfer all
land parcels of the Department’s land in Gulfport, Mississippi,
to the city of Gulfport, Mississippi.
(TRANSFER OF FUNDS)
SEC. 2704. The following unobligated balances shall be trans-
ferred to the Armed Forces Retirement Home ‘‘Major Construction’’
account, to remain available until expended, for the planning and
design and construction of a new Armed Forces Retirement Home
in Gulfport, Mississippi, from amounts appropriated under the
heading ‘‘Armed Forces Retirement Home’’ in chapter 7 of division
B of Public Law 109–148 (119 Stat. 2769), $45,000,000 provided
for Armed Forces Retirement Home-Gulfport; and unobligated bal-
ances of funds provided in fiscal years 1998 through 2004 for
construction and renovation of the physical plants at the United
States Naval Home/Armed Forces Retirement Home-Gulfport: Pro-
vided, That the General Services Administration, in consultation
with the Naval Facilities Engineering Command and the manage-
ment of the Armed Forces Retirement Home, shall be the agent
for all matters with regard to the planning, design, construction,
and contract administration related to the construction of the new
Deadline.
Mississippi.
Deadline.
Notification.
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Armed Forces Retirement Home in Gulfport, Mississippi: Provided
further, That the amounts provided or otherwise 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.
CHAPTER 8
DEPARTMENT OF JUSTICE
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for ‘‘Salaries and Expenses, General
Legal Activities’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
$2,000,000, 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.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Expenses, United
States Attorneys’’ for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005
season, $6,500,000, 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.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research, and Facili-
ties’’ for necessary expenses related to the consequences of Hurri-
cane Katrina and other hurricanes of the 2005 season, $118,000,000,
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.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ‘‘Procurement, Acquisition and
Construction’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
$32,000,000, to remain available until expended: 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.
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PUBLIC LAW 109–234—JUNE 15, 2006
SCIENCE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
EXPLORATION CAPABILITIES
For an additional amount for ‘‘Exploration Capabilities’’ for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $35,000,000 shall
be for the Stennis Space Center and Michoud Assembly Facility,
to remain available until expended: 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.
RELATED AGENCIES
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Disaster Loans Program
Account’’ for the cost of direct loans authorized by section 7(b)
of the Small Business Act, $542,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That up to $190,000,000
may be transferred to and merged with ‘‘Salaries and Expenses’’
for administrative expenses to carry out the disaster loan program:
Provided further, That none of the funds provided under this
heading may be used for indirect administrative expenses: 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 9
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
For an additional amount for ‘‘Emergency Relief Program’’ as
authorized under 23 U.S.C. 125, $702,362,500, to remain available
until expended, for expenses identified under ‘‘Formal Requests’’
in the Federal Highway Administration table entitled ‘‘Emergency
Relief Program Fund Requests—updated 06/06/06’’ with the excep-
tion of such expenses addressed in other provisions of this Act
making amendments to Public Law 109–148 and expenses otherwise
funded in other Appropriations Acts: Provided, That notwith-
standing 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 Hurricane Dennis
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PUBLIC LAW 109–234—JUNE 15, 2006
and the 2004–2005 winter storms in the State of California: Pro-
vided further, That any amounts in excess of those necessary for
emergency expenses relating to the eligible projects cited in the
first sentence of this paragraph may be used for other projects
authorized under 23 U.S.C. 125: 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.
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $702,362,500 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.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFER OF FUNDS)
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
Katrina, Rita, or Wilma 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.),
$5,200,000,000, to remain available until expended, for activities
authorized under title I of the Housing and Community Develop-
ment Act of 1974 (Public Law 93–383): Provided, That funds pro-
vided under this heading shall be administered through an entity
or entities designated 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
Management 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
further, That not less than $1,000,000,000 from funds made avail-
able on a pro-rata basis according to the allocation made to each
State under this heading shall be used for repair, rehabilitation,
and reconstruction (including demolition, site clearance and remedi-
ation) of the affordable rental housing stock (including public and
other HUD-assisted housing) in the impacted areas: Provided fur-
ther, That no State shall receive more than $4,200,000,000: Provided
further, That in administering the funds under this heading, the
Secretary of Housing and Urban Development may waive, or specify
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alternative requirements for, any provision of any statute or regula-
tion 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, non-
discrimination, 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: 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 pub-
lish 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 reconsidered 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 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 rehabilitation 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 waivers 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 prevent recipients from receiving any duplication
of benefits and report quarterly to the Committees on Appropria-
tions with regard to all steps taken to prevent fraud and abuse
of funds made available under this heading including duplication
of benefits: Provided further, That of the amounts made available
under this heading, $12,000,000 shall be transferred to ‘‘Manage-
ment and Administration, Salaries and Expenses’’, of which
$7,000,000 is for the administrative costs, including IT costs, of
the KDHAP/DVP voucher program; $9,000,000 shall be transferred
to the Office of Inspector General; and $6,000,000 shall be trans-
ferred to HUD’s Working Capital Fund: 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 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.
Procedures.
Reports.
Fraud.
Notification.
Deadline.
Reports.
Contracts.
Federal Register,
publication.
Deadline.
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PUBLIC LAW 109–234—JUNE 15, 2006
INDEPENDENT AGENCY
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 season, $37,000,000,
from the General Fund and to remain available until expended:
Provided, That notwithstanding 40 U.S.C. 3307, the Administrator
of General Services is authorized to proceed with repairs and alter-
ations for affected buildings: Provided further, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
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) 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 Ophelia, Hurricane Rita, Hurricane
Wilma, or a related condition; and
(B) each county contiguous to a county described in
subparagraph (A).
(2) 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 December
31, 2005; or
(B) a major disaster or emergency designated 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 pending as of December 31,
2005.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
16 USC 3801
note.
Emergency
Agricultural
Disaster
Assistance Act
of 2006.
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PUBLIC LAW 109–234—JUNE 15, 2006
Subtitle A—Crop and Livestock Assistance
SEC. 3011. SUGAR AND SUGARCANE DISASTER ASSISTANCE.
(a) 
FLORIDA.—The 
Secretary 
of 
Agriculture 
shall 
use
$40,000,000 of funds of the Commodity Credit Corporation to make
payments to processors in Florida that are eligible to obtain a
loan under section 156(a) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first
processors and producers for crop and other losses in hurricane-
affected counties that are related to hurricanes, tropical storms,
excessive rains, floods, and wind in Florida during calendar year
2005, by an agreement on the same terms and conditions, to the
maximum extent practicable, as the payments made under section
102 of the Emergency Supplemental Appropriations for Hurricane
Disasters Assistance Act of 2005 (Public Law 108–324; 118 Stat.
1235), including that the 2005 base production of each harvesting
unit shall be determined using the same base year crop production
history that was used pursuant to the agreement under that section.
(b) LOUISIANA.—
(1) COMPENSATION FOR LOSSES.—The Secretary shall use
$40,000,000 of the funds of the Commodity Credit Corporation
to make assistance available to first processors of sugarcane
that operate in a hurricane-affected county, or obtain sugarcane
from a hurricane-affected county, and that are eligible to obtain
a loan under section 156(a) of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7272(a)), in the form
of monetary payments or commodities in the inventory of the
Commodity Credit Corporation derived from carrying out that
section, to compensate producers and first processors for crop
and other losses due to Hurricane Katrina, Hurricane Rita,
or related conditions.
(2) ADMINISTRATION.—Assistance under this subsection
shall be—
(A) shared by an affected first processor with affected
producers that provide commodities to the processor in
a manner that reflects contracts entered into between the
processor and the producers, except with respect to a por-
tion of the amount of total assistance provided under para-
graph (1) necessary to compensate affected producers for
individual losses experienced by the producers, including
losses due to saltwater intrusion, flooding, wind damage,
or increased planting, replanting, or harvesting costs, which
shall be transferred by the first processor to the affected
producers without regard to contractual share arrange-
ments; and
(B) made available under such terms and conditions
as the Secretary determines are necessary to carry out
this subsection.
(3) FORM OF ASSISTANCE.—In carrying out this subsection,
the Secretary shall—
(A) convey to the first processor commodities in the
inventory of the Commodity Credit Corporation derived
from carrying out section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a));
(B) make monetary payments to the first processor;
or
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(C) take any combination of actions described in para-
graphs (1) and (2), using commodities or monetary pay-
ments.
(4) LOSS DETERMINATION.—In carrying out this subsection,
the Secretary shall use the same base year to determine crop
loss that was elected by a producer to determine crop loss
in carrying out the hurricane assistance program under section
207 of the Agricultural Assistance Act of 2003 (Public Law
108–7; 117 Stat. 543).
(5) LIMITATION.—The Secretary shall provide assistance
under this subsection only in a State described in section
359f(c)(1)(A) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359ff(c)(1)(A)).
(c) TEXAS.—The Secretary shall use $400,000 of funds of the
Commodity Credit Corporation to assist sugarcane growers in Texas
by making a payment in that amount to a farmer-owned cooperative
sugarcane processor in that State, for costs of demurrage, storage,
and transportation resulting from hurricanes, excessive rains,
floods, wind, and other related conditions during calendar year
2005.
SEC. 3012. LIVESTOCK ASSISTANCE.
(a) LIVESTOCK COMPENSATION PROGRAM.—
(1) USE OF COMMODITY CREDIT CORPORATION FUNDS.—Effec-
tive beginning on the date of enactment of this Act, the Sec-
retary shall use $95,000,000 of funds of the Commodity Credit
Corporation to provide assistance under the same terms and
conditions as assistance provided under section 203 of the Agri-
cultural Assistance Act of 2003 (Public Law 108–7; 117 Stat.
539).
(2) ELIGIBLE APPLICANTS.—Subject to subsection (d), in pro-
viding assistance under paragraph (1), the Secretary shall pro-
vide assistance to any applicant that—
(A) produces poultry, swine, sheep, beef, equine, buf-
falo, beefalo, dairy, goats, or an animal described in section
10806(a)(1) of the Farm Security and Rural Investment
Act of 2002 (21 U.S.C. 321d(a)(1));
(B) conducts an agricultural operation that is phys-
ically located in a hurricane-affected county; and
(C) meets all other eligibility requirements established
by the Secretary.
(b) LIVESTOCK INDEMNITY PROGRAM.—
(1) IN GENERAL.—Effective beginning on the date of enact-
ment of this Act, the Secretary shall use $30,000,000 of funds
of the Commodity Credit Corporation to carry out a program
under the same terms and conditions as the Livestock Indem-
nity Program authorized under title III of Public Law 105–
18 (111 Stat. 170).
(2) ELIGIBLE APPLICANTS.—Subject to subsection (d), in car-
rying out the Program, the Secretary shall provide assistance
to any applicant that—
(A) produces poultry, swine, sheep, eggs, beef, equine,
buffalo, beefalo, dairy, goats, crawfish, or an animal
described in section 10806(a)(1) of the Farm Security and
Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1));
(B) conducts an agricultural operation that is phys-
ically located in a hurricane-affected county; and
Effective date.
Effective date.
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(C) meets all other eligibility requirements established
by the Secretary for the Program.
(c) LIVESTOCK INDEMNITY PROGRAM FOR CONTRACT GROWERS.—
(1) IN GENERAL.—Subject to subsection (d), the Secretary
shall use funds of the Commodity Credit Corporation to estab-
lish a program to assist poultry and egg producers in hurricane-
affected counties that suffered income losses.
(2) TERMS
AND
CONDITIONS.—The program established
under paragraph (1) shall contain similar terms and conditions
as the terms and conditions used for the livestock indemnity
program for contract growers described in subpart E of chapter
XIV of title 7, Code of Federal Regulations (as in effect on
January 1, 2002).
(d) LIMIT ON AMOUNT OF ASSISTANCE.—The Secretary shall
ensure, to the maximum extent practicable, that no producer on
a farm receives duplicative payments under this section and any
other Federal program for the same loss.
SEC. 3013. SPECIALTY CROPS AND NURSERY CROPS.
(a) IN GENERAL.—The Secretary shall use $95,000,000 of funds
of the Commodity Credit Corporation to provide assistance to pro-
ducers of specialty crops and nursery crops in hurricane-affected
counties.
(b) ADMINISTRATION.—
(1) IN
GENERAL.—Assistance required by subsection (a)
shall be carried out by the Secretary under the same terms
and conditions as the special disaster relief programs carried
out for producers that suffered from crop damage and tree
losses, and carried out related cleanup, in certain areas of
Florida due to Hurricanes Charley, Frances, and Jeanne during
August and September 2004, as described in the notice of
program implementation relating to Florida citrus, fruit, vege-
table, and nursery crop disaster programs (69 Fed. Reg. 63134
(October 29, 2004)), with vegetable losses treated as citrus
losses for purposes of that program.
(2) LOSS OF RECORDS.—Due to the complete destruction
of the business records of many producers, the Secretary shall
use the best available information in determining eligibility,
determining losses, and calculating payment amounts under
this section.
(c) LIMIT
ON AMOUNT
OF ASSISTANCE.—The Secretary shall
ensure, to the maximum extent practicable, that no producer on
a farm receives duplicative payments under this section and any
other Federal program for the same loss.
SEC. 3014. DAIRY ASSISTANCE.
The Secretary shall use $17,000,000 of the funds of the Com-
modity Credit Corporation to make payments to dairy producers
for dairy production losses and dairy spoilage losses in hurricane-
affected counties.
SEC. 3015. COTTONSEED.
(a) IN GENERAL.—The Secretary shall use $15,000,000 of the
funds of the Commodity Credit Corporation to provide assistance
to producers and first-handlers of the 2005 crop of cottonseed in
hurricane-affected counties.
(b) DISTRIBUTION OF FUNDS.—The Secretary shall provide dis-
aster assistance under subsection (a) under the same terms and
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conditions as assistance provided under section 206 of the Agricul-
tural Assistance Act of 2003 (Public Law 108–7; 117 Stat. 543),
except that assistance shall be—
(1) distributed to producers and first handlers of cottonseed;
and
(2) based on cottonseed production during the most recent
year for which a disaster payment specifically for cottonseed
was not authorized.
Subtitle B—Forestry
SEC. 3021. TREE ASSISTANCE PROGRAM.
(a) DEFINITION
OF TREE.—In this section, the term ‘‘tree’’
includes a tree (including a Christmas tree, ornamental tree,
nursery tree, and potted tree), bush (including a shrub), and vine.
(b) PROGRAM.—Except as otherwise provided in this section,
the Secretary shall use such sums of funds of the Commodity
Credit Corporation to provide assistance under the tree assistance
program established under sections 10201 through 10203 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201
et seq.) to—
(1) producers who suffered tree losses in hurricane-affected
counties; and
(2) fruit and tree nut producers in hurricane-affected coun-
ties for site preparation, replacement, rehabilitation, and
pruning.
(c) COSTS.—Funds made available under this section shall also
be made available to cover costs associated with tree pruning,
tree rehabilitation, and other appropriate tree-related activities as
determined by the Secretary.
(d) LIMIT ON AMOUNT OF ASSISTANCE.—The Secretary shall
ensure, to the maximum extent practicable, that no producer on
a farm receives duplicative payments under this section and any
other Federal program for the same loss.
SEC. 3022. EMERGENCY FORESTRY CONSERVATION RESERVE PRO-
GRAM.
Section 1231(k)(3)(G) of the Food Security Act of 1985 (16
U.S.C. 3831(k)(3)(G)) is amended by striking ‘‘$404,100,000’’ and
inserting ‘‘$504,100,000’’.
SEC. 3023. When evaluating an offer to enroll private nonindus-
trial forest land into the emergency forestry conservation reserve
program, as authorized by section 1231(k) of the Food Security
Act of 1985 (16 U.S.C. 3831(k)), the Secretary of Agriculture shall
accord equal weight to, and not distinguish between, private non-
industrial forest lands comprised of softwood or hardwood trees
for the purpose of determining whether the private nonindustrial
forest land of the landowner satisfies criteria used to evaluate
the offer, including, but not limited to, soil erosion prevention,
water quality improvement, wildlife habitat restoration, and mitiga-
tion of economic loss.
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PUBLIC LAW 109–234—JUNE 15, 2006
Subtitle C—Miscellaneous
SEC. 3031. ADMINISTRATIVE COSTS.
The Secretary may use not more than $9,600,000 of funds
of the Commodity Credit Corporation to cover administrative costs
incurred by the Farm Service Agency directly related to carrying
out this title.
SEC. 3032. AQUACULTURE PRODUCER GRANTS.
Grants to assist aquaculture producers announced by the Sec-
retary on May 10, 2006 (71 Fed. Reg. 27188; relating to 2005
section 32 hurricane disaster programs) shall be provided for
industry recovery in a manner consistent with the announcement
or under the same terms and conditions as assistance provided
under section 203(a)(2)(B) of the Agricultural Assistance Act of
2003 (Public Law 108-7; 117 Stat. 540).
SEC. 3033. EMERGENCY DESIGNATION.
Amounts made available by the transfer of funds in or pursuant
to this title are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
SEC. 3034. REGULATIONS.
(a) IN GENERAL.—The Secretary may promulgate such regula-
tions as are necessary to implement this title.
(b) PROCEDURE.—The promulgation of the regulations and
administration of this title shall be made without regard to—
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking;
and
(3) chapter 35 of title 44, United States Code (commonly
known as the ‘‘Paperwork Reduction Act’’).
(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In car-
rying out this section, the Secretary shall use the authority provided
under section 808 of title 5, United States Code.
TITLE IV
PANDEMIC FLU
DEPARTMENT OF HEALTH AND HUMAN SERVICES
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Public Health and Social Services
Emergency Fund’’ to prepare for and respond to an influenza pan-
demic, including international activities and activities in foreign
countries, 
preparedness 
planning, 
enhancing 
the 
pandemic
influenza regulatory science base, accelerating pandemic influenza
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120 STAT. 480
PUBLIC LAW 109–234—JUNE 15, 2006
disease surveillance, developing registries to monitor influenza vac-
cine distribution and use, supporting pandemic influenza research,
clinical trials and clinical trials infrastructure, and the development
and purchase of vaccines, antivirals, and necessary medical sup-
plies, $2,300,000,000, to remain available until expended: Provided,
That $30,000,000 shall be transferred to and merged with funds
appropriated under the heading ‘‘Child Survival and Health Pro-
grams Fund’’ in chapter 3 of title II of division B, of Public Law
109–148 for activities related to international surveillance, plan-
ning, preparedness, and response to the avian influenza virus:
Provided further, That $250,000,000 shall be for upgrading State
and local capacity, and at least $200,000,000 shall be for the Centers
for Disease Control and Prevention to carry out global and domestic
disease surveillance, laboratory capacity and research, laboratory
diagnostics, risk communication, rapid response and quarantine:
Provided further, That products purchased with these funds may,
at the discretion of the Secretary, be deposited in the Strategic
National Stockpile: Provided further, That notwithstanding section
496(b) of the Public Health Service Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologicals,
where the Secretary finds such a contract 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 pro-
vided under this heading are 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 V
BORDER SECURITY
CHAPTER 1
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $708,000,000 for emergency National Guard support
to the Department of Homeland Security, including operating
surveillance systems, analyzing intelligence, installing fences and
vehicle barriers, building patrol roads, and providing training, to
remain available until September 30, 2007: Provided, That the
Secretary of Defense may transfer these funds to appropriations
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PUBLIC LAW 109–234—JUNE 15, 2006
for military personnel, operation and maintenance, and procurement
to be available for the same purposes 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 so transferred from this
appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation, to
be merged with and made available for the same purposes and
for the time period provided under this heading: Provided further,
That the Secretary of Defense shall, not more than five days after
making transfers from this appropriation, notify the congressional
defense committees in writing of any such transfer.
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$410,000,000, to remain available until September 30, 2007: Pro-
vided, That the entire 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.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT
For an additional amount for ‘‘Air and Marine Interdiction,
Operations, Maintenance, and Procurement’’, $95,000,000, 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.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $300,000,000, 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.
IMMIGRATION AND CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$327,000,000, to remain available until September 30, 2007: 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.
Deadline.
Notification.
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PUBLIC LAW 109–234—JUNE 15, 2006
PREPAREDNESS
OFFICE FOR DOMESTIC PREPAREDNESS
STATE AND LOCAL PROGRAMS
For an additional amount for ‘‘State and Local Programs’’,
for 
discretionary 
grants 
as 
determined 
by 
the 
Secretary,
$15,000,000, to remain available until September 30, 2007: 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.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
For an additional amount for ‘‘Acquisition, Construction,
Improvements, and Related Expenses’’, $25,000,000, to remain
available until September 30, 2007: 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.
CHAPTER 3
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
ADMINISTRATIVE REVIEW AND APPEALS
For an additional amount for ‘‘Administrative Review and
Appeals’’, $9,000,000, 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.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for ‘‘Salaries and Expenses, General
Legal Activities’’, $9,000,000, 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.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Expenses, United
States Attorneys’’, $2,000,000, 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.
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PUBLIC LAW 109–234—JUNE 15, 2006
TITLE VI
LEGISLATIVE BRANCH
ARCHITECT OF THE CAPITOL
CAPITOL POWER PLANT
For 
an 
additional 
amount 
for 
‘‘Capitol 
Power 
Plant’’,
$27,600,000, to remain available until September 30, 2011: 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.
TITLE VII
GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
AVAILABILITY OF FUNDS
SEC. 7001. 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. 7002. Funds appropriated in this Act, or made available
by the transfer of funds in or pursuant to this Act, 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. 7003. Section 8044 of Public Law 109–148 (119 Stat.
2708) is amended as follows: After ‘‘Defense,’’ and before ‘‘acting’’
insert, ‘‘notwithstanding any other provision of law,’’.
SEC. 7004. (a) Of the unobligated balances made available
pursuant to section 504 of Public Law 108–334, $20,000,000 are
rescinded.
(b) For an additional amount for ‘‘United States Secret Service,
Salaries and Expenses’’, $20,000,000, to remain available until Sep-
tember 30, 2007.
SEC. 7005. (a) Of the funds available for ‘‘Screening Coordina-
tion and Operations’’, $3,960,000 are rescinded.
(b) For an additional amount for the ‘‘Office of the Secretary
and Executive Management’’, $3,960,000.
SEC. 7006. Public Law 109–90 is amended by striking section
528.
SEC. 7007. Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
‘‘June 30, 2006’’ and inserting ‘‘September 30, 2007’’.
SEC. 7008. For an additional amount for ‘‘Department of Labor,
Mine Safety and Health Administration, Salaries and Expenses’’,
$25,600,000 for the enforcement of mine safety law with respect
to coal mines, including the training and equipping of inspectors:
Provided, That progress reports on hiring shall be submitted to
the House and Senate Committees on Appropriations and the Com-
mittee on Health, Education, Labor and Pensions of the Senate
and the Committee on Education and the Workforce of the House
on a quarterly basis, with the first report due July 15, 2006:
Provided further, That the amount provided under this heading
shall remain available until September 30, 2007: Provided further,
Reports.
Deadline.
119 Stat 2086.
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PUBLIC LAW 109–234—JUNE 15, 2006
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. 7009. Unexpended balances for Health Resources and
Services Administration grant number 7C6HF03601–01–00, appro-
priated in Public Law 106–554, shall remain available until Sep-
tember 30, 2009.
SEC. 7010. For an additional amount for ‘‘Department of Health
and Human Services, Centers for Disease Control and Prevention,
Disease Control, Research and Training’’, to carry out section 501
of the Federal Mine Safety and Health Act of 1977, $10,000,000
for research to develop mine safety technology: Provided, That
progress reports on technology development shall be submitted
to the House and Senate Committees on Appropriations and the
Committee on Health, Education, Labor and Pensions of the Senate
and the Committee on Education and the Workforce of the House
on a quarterly basis, with the first report due July 15, 2006:
Provided further, That the amount provided under this heading
shall remain available until September 30, 2007: 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.
SEC. 7011. Public Law 109–149 (119 Stat. 2876) under the
heading ‘‘Railroad Retirement Board, Dual Benefits Payments
Account’’ is amended by striking ‘‘to the amount by which the
product of recipients and the average benefit received exceeds
$97,000,000’’ and inserting ‘‘to the amount by which the product
of recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits’’ in lieu thereof.
SEC. 7012. Section 224 of Public Law 109–149 (119 Stat. 2862)
is amended by striking ‘‘June’’ and inserting ‘‘December’’ in lieu
thereof.
SEC. 7013. None of the funds appropriated in Public Law 109–
149 or prior Acts under the heading ‘‘Employment and Training
Administration’’ that are available for expenditure on or after the
date of enactment of this section shall be used by a recipient
or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II, except as provided for under section
101 of Public Law 109–149. This limitation shall not apply to
vendors providing goods and services as defined in OMB Circular
A–133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administra-
tion programs.
SEC. 7014. Any national service educational award described
in subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12601 et seq.), made with funds appropriated
to, funds transferred to, or interest accumulated in the National
Service Trust, shall hereafter be known as a ‘‘Segal AmeriCorps
Education Award’’.
Awards.
42 USC 12601
note.
Reports.
Deadline.
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PUBLIC LAW 109–234—JUNE 15, 2006
SEC. 7015. (a) REPEAL
OF SINGLE HOLDER RULE.—Section
428C(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078–
3(b)(1)(A)) is amended by striking ‘‘and (i)’’ and all that follows
through ‘‘so selected for consolidation)’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to any loan made under section 428C
of the Higher Education Act of 1965 (20 U.S.C. 1078–3) for which
the application is received by an eligible lender on or after the
date of enactment of this Act.
(c) CONSOLIDATION INTO DIRECT LENDING.—Section 428C(b)(5)
of the Higher Education Act of 1965 (20 U.S.C. 1078–3(b)(5)) is
amended by striking ‘‘DIRECT LOANS.—’’ and all that follows through
‘‘Such direct consolidation loan’’ and inserting the following: ‘‘DIRECT
LOANS.—In the event that a borrower is unable to obtain a consoli-
dation loan from a lender with an agreement under subsection
(a)(1), or is unable to obtain a consolidation loan with income-
sensitive repayment terms acceptable to the borrower from such
a lender, the Secretary shall offer any such borrower who applies
for it, a Federal Direct Consolidation loan. Such direct consolidation
loan’’.
(d) REPEAL.—Section 8009(a) of the Higher Education Reconcili-
ation Act of 2005 (Public Law 109–171, 120 Stat. 164) is amended
by striking paragraph (2).
SEC. 7016. Section 2401 of the Military Construction Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163) is amended
by striking after ‘‘Augusta’’, ‘‘$61,466,000’’ and inserting in lieu
thereof ‘‘$340,854,000’’. This project may be incrementally funded.
Funds appropriated in Public Law 109–114 for this project shall
be available to fund the first increment.
SEC. 7017. Section 2401 of the Military Construction Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163) is amended
by striking after ‘‘Kunia’’, ‘‘$305,000,000’’ and inserting in lieu
thereof ‘‘$350,490,000’’. The project may be incrementally funded.
Funds appropriated in Public Laws 108–7, 108–87, and 109–114
for this project shall be available to fund the first increment.
SEC. 7018. Section 2403(b) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public Law
109–163) is amended in paragraph (2) by striking ‘‘$12,500,000’’
and inserting ‘‘$291,888,000’’, and in paragraph (3) by striking
‘‘$256,034,000’’ and inserting ‘‘$301,524,000’’.
SEC. 7019. Section 2846 of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 107–107;
115 Stat. 1320), as amended by section 2865 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B
of Public Law 108–375; 118 Stat. 2149) is further amended by
striking ‘‘840 acres’’ and inserting ‘‘1,540 acres’’.
SEC. 7020. Of the amount made available by the Department
of Justice Appropriations Act, 2006 under the heading ‘‘Community
Oriented Policing Services’’ (Public Law 109–108, 199 Stat. 2302),
for Paul Coverdell Forensic Sciences Improvement Grants under
part BB of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797 et seq.), $1,500,000 shall be available
to the Attorney General, without regard to such part BB, for the
study on forensic science described in House Report 109–272 to
accompany Public Law 109–108.
119 Stat. 3500.
119 Stat. 3496.
20 USC 1078–3.
20 USC 1078–3
note.
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SEC. 7021. The referenced statement of the managers in House
Report 109–272, Making Appropriations for Science, the Depart-
ments of State, Justice, and Commerce, and Related Agencies for
the Fiscal Year Ending September 30, 2006, and for other purposes,
under this heading is deemed to be amended with respect to
amounts made available under the heading ‘‘Science, Aeronautics
and Exploration’’ for the Mitchell Institute by striking ‘‘educational
purposes’’ and inserting ‘‘the science and engineering education
endowment’’.
SEC. 7022. Section 613 of the Science, State, Justice, Commerce,
and Related Agencies Appropriations Act, 2006 (Public Law 109–
108; 119 Stat. 2336) is amended—
(1) by inserting after ‘‘$500,000 shall be available for the
Iowa Department of Economic Development for the Entrepre-
neurial Venture Assistance Project’’ the following: ‘‘(including
the ability to make subgrants or loans for such project)’’; and
(2) by striking ‘‘Clark County Department of Aviation, Las
Vegas,’’ and inserting ‘‘University of Nevada Las Vegas,’’.
SEC. 7023. Under the heading ‘‘Department of Transportation,
Federal Highway Administration, Emergency Relief Program’’ in
Public Law 109–148 (119 Stat. 2778), strike ‘‘$629,000,000’’ and
insert ‘‘$803,000,000’’.
SEC. 7024. Notwithstanding 49 U.S.C. 5336, any funds
remaining available under Federal Transit Administration grant
numbers NY–03–345–00, NY–03–0325–00, NY–03–0405, NY–90–
X398–00, 
NY–90–X373–00, 
NY–90–X418–00, 
NY–90–X465–00
together with an amount not to exceed $19,200,000 in urbanized
area formula funds that were allocated by the New York Metropoli-
tan Transportation Council to the New York City Department of
Transportation as a designated recipient under 49 U.S.C. 5307
may be made available to the New York Metropolitan Transpor-
tation Authority for eligible capital projects authorized under 49
U.S.C. 5307 and 5309.
SEC. 7025. For recipients of assistance under chapter 53 of
title 49, United States Code, directly affected by Hurricane Katrina,
the Secretary may waive the Federal matching share requirements
for Federal transit assistance programs under such chapter,
including the Federal matching share requirements contained in
existing Federal assistance grant agreements: Provided, That the
Secretary may allow such recipients to use such assistance for
operating assistance, notwithstanding the terms and conditions con-
tained in existing Federal assistance grant agreements: Provided
further, That the authority of the Secretary hereunder shall expire
two years after the date of enactment of this section, unless deter-
mined otherwise by the Secretary for a compelling need.
SEC. 7026. The first sentence under the heading ‘‘Department
of the Treasury, Departmental Offices, Salaries and Expenses’’ in
title II of division A of Public Law 109–115 (119 Stat. 2432) is
amended by inserting after ‘‘travel expenses’’ the words ‘‘(except
for travel performed by officials in the Office of Terrorism and
Financial Intelligence and the Office of International Affairs)’’.
SEC. 7027. (a) Funds appropriated for intelligence activities,
or made available by the transfer of funds, by this Act, by Public
Law 109–108 for the Department of Justice, or by Public Law
109–115 for the Department of the Treasury, are deemed to be
specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947, as amended, (50 U.S.C. 414)
Expiration date.
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PUBLIC LAW 109–234—JUNE 15, 2006
during fiscal year 2006 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2006.
(b) Subsection (a) shall be effective:
(1) with respect to funds appropriated, or made available
by the transfer of funds, by this Act, upon the enactment
of this Act;
(2) with respect to funds appropriated, or made available
by the transfer of funds, by Public Law 109–108 for the Depart-
ment of Justice, as if enacted on the date of enactment of
Public Law 109–108; and
(3) with respect to funds appropriated, or made available
by the transfer of funds, by Public Law 109–115 for the Depart-
ment of the Treasury, as if enacted on the date of enactment
of Public Law 109–115.
SEC. 7028. (a) The matter under the heading ‘‘Tenant-Based
Rental Assistance’’ in chapter 9 of title I of division B of Public
Law 109–148 is amended—
(1) in the first proviso, by striking ‘‘or the Stewart B.
McKinney Homeless Assistance Act (Public Law 100–77)’’ and
inserting ‘‘the McKinney-Vento Homeless Assistance Act, sec-
tion 221(d)(3), 221(d)(5), or 236 of the National Housing Act,
or section 101 of the Housing and Urban Development Act
of 1965’’; and
(2) in the second proviso, by inserting ‘‘, except that para-
graph (7)(A) of such section shall not apply’’ after ‘‘1937’’.
(b) The provisions of this section are 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.
SEC. 7029. The Department of Housing and Urban Development
Appropriations Act, 2006 (Public Law 109–115) is amended in des-
ignated paragraph (5) under the heading ‘‘Tenant-based Rental
Assistance’’—
(1) by striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’;
and
(2) 
by 
striking 
‘‘$1,240,000,000’’ 
and 
inserting
‘‘$1,225,000,000’’.
SEC. 7030. (a) The second paragraph under the heading
‘‘Community Development Fund’’ in title III of division A of Public
Law 109–115 is amended by striking ‘‘statement of managers accom-
panying this Act’’ and inserting ‘‘statement of managers correction
for H.R. 3058 relating to the Economic Development Initiative sub-
mitted to the House of Representatives by the Chairman of the
Committee on Appropriations of the House on November 18, 2005,
and printed in the House section of the Congressional Record on
such date’’.
(b) Section 5023 of title V of division B of Public Law 109–
148 is amended by striking ‘‘in title III of Public Law 109–115
(as in effect pursuant to H. Con. Res. 308, 109th Congress)’’ and
inserting ‘‘in title III of division A of Public Law 109–115’’.
(c) Each amendment made by this section shall apply as if
included in the amended public law on the date of its enactment.
SEC. 7031. The referenced statement of the managers under
the heading ‘‘Community Development Fund’’ in title II, division
G of Public Law 108–199 is deemed to be amended—
Applicability.
119 Stat. 2817.
119 Stat. 2447.
119 Stat. 2441.
119 Stat. 2779.
Effective date.
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120 STAT. 488
PUBLIC LAW 109–234—JUNE 15, 2006
(1) with respect to item number 402, by striking ‘‘in Kansas
City, Missouri’’ and inserting ‘‘in the Kansas City Metropolitan
Statistical Area (MSA)’’;
(2) with respect to item number 329 by striking ‘‘for pur-
chase of the D.C. Metropolitan Police Boys and Girls Club
facility’’ and inserting ‘‘for renovation of Boys and Girls Clubs
of Greater Washington Clubhouse #2, Clubhouse #4, Clubhouse
#10, Clubhouse #11, and Clubhouse #14 in the District of
Columbia’’;
(3) with respect to item number 188 by striking ‘‘the City
of Macon for construction of the historic Coca-Cola building’’
and inserting ‘‘Wesleyan College in Macon, Georgia for facility
renovation, build out, and construction’’;
(4) with respect to item number 830 by striking ‘‘construc-
tion’’ and inserting ‘‘purchase, renovation, build out and
upgrade’’;
(5) with respect to item number 380 by striking ‘‘for
construction of a new facility’’ and inserting ‘‘to upgrade an
existing facility’’;
(6) with respect to item number 348 by striking ‘‘land
acquisition’’ and inserting ‘‘the construction and renovation of
the Holyoke Community College Enrollment Center’’; and
(7) with respect to item number 602 by striking ‘‘to the
J. Frank Troy Senior Center in Toledo, Ohio for renovation
and construction’’ and inserting ‘‘, including $100,000 to the
Northwest Ohio Area Office on Aging for construction of the
Jerusalem Township Senior Center and Food Pantry; and
$100,000 to Aurora Gonzales Resource Center, Toledo, Ohio,
for renovation and build out of a facility’’.
SEC. 7032. The referenced statement of the managers under
the heading ‘‘Community Development Fund’’ in title II, division
I of Public Law 108–447 is deemed to be amended—
(1) with respect to item number 838 by striking ‘‘City
of Canby, Minnesota’’ and inserting ‘‘Western Five Community
Development Corporation.’’;
(2) with respect to item number 912 by striking ‘‘renova-
tions to the Broadway Market’’ and inserting ‘‘the demolition
and redevelopment of properties in the Broadway-Fillmore Cor-
ridor, Buffalo, New York’’;
(3) with respect to item number 631 by striking
‘‘contruction’’ and inserting ‘‘acquisition’’;
(4) with respect to item number 536 by striking ‘‘an eco-
nomic development planning study’’ and inserting ‘‘the Main
Street Revitalization Project’’;
(5) with respect to item number 444, by striking ‘‘City
of St. Petersburg, Florida for facilities construction and renova-
tion for the Mid-Pinellas Science Center’’ and inserting ‘‘St.
Petersburg College, City of Seminole, Florida for the develop-
ment of Science and Nature Park at St. Petersburg College’’;
(6) with respect to item 260 by inserting after renovations
‘‘and for property renovation at 754 Broad Street for the Family
Center emergency shelter for families and children’’; and
(7) with respect to item number 136, by striking ‘‘renovation
of the Fire House in Brookhaven, Mississippi’’ and inserting
‘‘the restoration of the historic City Hall in Brookhaven, Mis-
sissippi’’.
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120 STAT. 489
PUBLIC LAW 109–234—JUNE 15, 2006
SEC. 7033. The statement of managers correction referenced
in the second paragraph under the heading ‘‘Community Develop-
ment Fund’’ in title III, division A of Public Law 109–115 is deemed
to be amended—
(1) with respect to item number 793 by striking ‘‘for street
infrastructure and parking facility improvements’’ and inserting
‘‘to purchase and demolish blighted property, develop detailed
design/construction drawings, and to begin site preparation for
new infill housing lots’’;
(2) with respect to item number 1114 by striking ‘‘West
Virginia Technical College’’ and inserting ‘‘West Virginia
University Institute of Technology Community and Technical
College’’;
(3) with respect to item number 849, by striking ‘‘Mahonoy
City, Pennsylvania for improvements to West Market Street’’
and inserting ‘‘Mahanoy City, Pennsylvania for improvements
to Centre Street’’;
(4) with respect to item number 740 by striking ‘‘infrastruc-
ture improvements in Central Plaza Park’’ and inserting ‘‘the
demolition and redevelopment of properties in the Broadway-
Fillmore Corridor, Buffalo, New York’’;
(5) with respect to item number 374 by striking ‘‘Day
Care’’ and inserting ‘‘Senior Citizens’’;
(6) with respect to item number 714, by striking ‘‘construc-
tion of a senior center;’’ and inserting ‘‘renovation and build
out of a multipurpose center;’’;
(7) with respect to item number 850, by striking ‘‘City
of Lancaster, Pennsylvania’’ and inserting ‘‘in Pennsylvania’’;
(8) with respect to item number 925, by striking
‘‘Greenwood Partnership Alliance, South Carolina for the ren-
ovation of the Old Federal Courthouse’’ and inserting ‘‘City
of Greenwood, South Carolina for the Emerald Triangle
Project’’; and
(9) with respect to item number 615 by inserting ‘‘and
UND Technology Transfer and Commercialization Center’’
before the semicolon.
SEC. 7034. Notwithstanding any other provision of law, the
Administrator of General Services may convey, without consider-
ation ownership and jurisdiction (custody, accountability and con-
trol) to the City of Crosby, North Dakota real property as described:
Lots 9, 10, 11, 12, 13, and 14, Eastlawn Addition to Crosby, Divide
County, North Dakota.
SEC. 7035. 2007 DISCRETIONARY LIMITS. (a) IN GENERAL.—
For the purposes of section 302(a) of the Congressional Budget
Act of 1974, the allocations of the appropriate levels of budget
totals for the Committee on Appropriations of the Senate for fiscal
year 2007 shall be—
(1) $872,778,000,000 in total new budget authority for gen-
eral purposes discretionary; and
(2) $577,241,000,000 in total new budget authority for
mandatory;
until a concurrent resolution on the budget for fiscal year 2007
is agreed to by the Senate and the House of Representatives pursu-
ant to section 301 of the Congressional Budget Act of 1974.
(b) ADJUSTMENTS
AND LIMITS.—The limits and adjustments
provided in section 402 of S. Con. Res. 83 (109th Congress), as
Applicability.
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120 STAT. 490
PUBLIC LAW 109–234—JUNE 15, 2006
LEGISLATIVE HISTORY—H.R. 4939:
HOUSE REPORTS: Nos. 109–388 (Comm. on Appropriations) and 109–494
(Comm. of Conference).
SENATE REPORTS: No. 109–230 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Mar. 15, 16, considered and passed House.
Apr. 25–27, May 1–4, considered and passed Senate, amended.
June 12, House considered conference report.
June 13, House agreed to conference report. Senate considered conference re-
port.
June 14, 15, Senate considered and agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
June 15, Presidential statement.
passed the Senate, for fiscal year 2007 shall apply to subsection
(a).
(c) APPLICATION.—The section 302(a) allocations in subsection
(a) shall be deemed to be allocations set forth in the joint explana-
tory statement of managers accompanying the concurrent resolution
on the budget for fiscal year 2007, as though adopted by Congress,
for all purposes under titles III and IV of the Congressional Budget
Act of 1974. Section 302(a)(4) of the Congressional Budget Act
of 1974 shall not apply to this section.
(d) EXCEPTIONS.—The following provisions of H. Con. Res. 95
(109th Congress) shall not apply in the Senate—
(1) Section 404; and
(2) until January 3, 2007, section 403(b)(2).
(e) EFFECTIVE DATE.—This section shall take effect on the
date of enactment of this Act.
This Act may be cited as the ‘‘Emergency Supplemental Appro-
priations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006’’.
Approved June 15, 2006.
Effective date.
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