[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4939 Enrolled Bill (ENR)]
H.R.4939
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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
unrecovered 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.
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 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 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 Combatant
Commander Initiative Fund, to be used in support of Operation 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, military, 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 Secretary of Defense to adequately
account for the support provided, and such determination is final
and conclusive upon the accounting officers of the United States,
and 15 days following 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.
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 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'', $18,563,000: 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, 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 requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $30,400,000: 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.
Former Soviet Union Threat Reduction Account
For an additional amount for ``Former Soviet Union Threat Reduction
Account'', $44,500,000: 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.
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, notwithstanding 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 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 determination 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: Provided 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 contributions: Provided
further, That the Secretary of Defense shall, not fewer than five days
prior to making transfers from this appropriation 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 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.
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 Commander, 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 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 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 determination 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: Provided 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 contributions: Provided
further, That the Secretary of Defense shall, not fewer than five days
prior to making transfers from this appropriation 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 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.
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: Provided,
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 further, 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 personnel; operation and
maintenance; procurement; research, development, 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.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$345,000,000, 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.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$203,300,000, 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.
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 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.
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 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, Army
For an additional amount for ``Other Procurement, Army'',
$5,819,645,000, 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.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$516,869,000, 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.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$55,200,000, 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.
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: 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, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$2,577,467,000, 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.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$674,815,000, 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.
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: 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, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$331,353,000, 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.
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 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, 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 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: Provided
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: Provided further, That the transfer
authority provided in this paragraph is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation 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 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
(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 Appropriations
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 further, 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: 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.
Sec. 1204. Section 1005(c)(2) of the National Defense Authorization
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 Interdiction 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: Provided, That such support
shall be in addition to support provided 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 requirement 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 obligated at the
time a construction contract is awarded: Provided, That for the purpose
of this section, supervision and administration costs include all in-
house Government costs.
Sec. 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,
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 Citizens 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
congressional 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 subsection (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
overseas in fiscal year 2006, although those funds were not
requested by the President.
(2) The President on February 16, 2006, submitted to Congress 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 operations 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 overseas
should be provided in appropriations Acts for such fiscal 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 Programs
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: Provided,
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 International Development'',
for associated administrative costs: Provided, That the amounts
provided under this heading are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
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.
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 International
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 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
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: Provided, 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 administered by the Middle East Partnership
Initiative, in consultation 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 Appropriations:
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: Provided 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 Assistance'',
$75,700,000, 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 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: 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. 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
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 democracy,
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 Palestinian
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 Committees 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 subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations describing how the funds will be spent and the
accounting procedures in place to ensure proper oversight and
accountability.''.
(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 ``Subsidy
Appropriation'' for the Export-Import Bank of the United States that
are available for tied-aid grants in title I of Public Law 107-115 and
under such heading in prior Acts making appropriations for foreign
operations, export financing, and related programs, $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: 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: Provided 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: 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, 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 requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 6
DEPARTMENT OF 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: Provided,
That no funding provided under this heading shall be available 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.
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$14,200,000, 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.
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 Programs'',
$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 emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
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
Operations'' 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 emergency
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 Improvements'',
$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 Department 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 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 application 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
qualified employee.
``(2) The authority of the Secretary to waive the application of
subsections (a) through (d) for an annuitant pursuant to subparagraph
(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 pursuant 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.''.
(2) United states agency for international development.--
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 Development 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
exercise 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 subchapter 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 Committee 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
Foreign Service Act of 1980 (22 U.S.C. 4064(g)), as amended by
subsection (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.
Sec. 1603. (a) In General.--During fiscal years 2006, 2007, and
2008, the head of an agency may, in the agency head's discretion,
provide to an individual employed by, or assigned or detailed to, such
agency allowances, benefits, and gratuities comparable to those
provided by the Secretary of State to members of the Foreign Service
under section 413 and chapter 9 of title I of the Foreign Service Act
of 1980 (22 U.S.C. 3973; 4081 et seq.), if such individual is on
official duty in Iraq or Afghanistan.
(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 emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$445,000, to remain available until September 30, 2007, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 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.
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 requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
BUILDINGS AND FACILITIES
For an additional amount for ``Buildings and 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 requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Natural Resources Conservation Service
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for ``Emergency Watershed Protection
Program'', $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 technical assistance to remove and
dispose of debris and animal carcasses that could adversely affect
health and safety on non-Federal land in a hurricane-affected county:
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 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: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
GENERAL PROVISIONS--THIS CHAPTER
(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 assistance in carrying
out such section in an amount up to 100 percent Federal share, as
provided in regulations implementing the emergency watershed protection
program: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Sec. 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 hurricanes 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 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 incentive
program established under section 1240N of the Food Security Act of
1985 (16 U.S.C. 3839bb-1) under section 211(b) of the Agricultural Risk
Protection Act of 2000 (Public Law 106-224; 7 U.S.C. 1421 note) and
section 820 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (Public
Law 106-387; 114 Stat. 1549A-59) shall 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: 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'',
$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 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'',
$3,992,000, 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 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'',
$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 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'',
$4,071,000, 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 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 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'',
$2,176,000, 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 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: 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'',
$1,304,000, 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 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 consequences
of Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
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 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'', $37,359,000, 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 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: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $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: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $42,307,000, 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 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 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'',
$9,136,000, 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 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'',
$579,000, 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 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'', $899,000, 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 emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 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 contract; 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 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'',
$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 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'',
$2,797,000, 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 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, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $12,000,000, 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
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 consequences
of Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
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 consequences
of Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
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: 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 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 requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
TRUST FUNDS
General Fund Payment, Surcharge Collections, Sales of Commissary
Stores, Defense
For an additional amount for ``General Fund Payment, Surcharge
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 emergency 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 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'',
$326,000, 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 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
(Transfer of Funds)
Sec. 2201. Upon his determination that such action is necessary to
ensure the appropriate allocation of funds provided to the Department
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; operation 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, 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 Hurricanes 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 improvements 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 Engineers, 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
necessary, 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.
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 available 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 surrounding wetlands through measures
to begin to reverse wetland losses in areas affected by navigation, oil
and gas, and other channels and through modification of the Caernarvon
Freshwater Diversion 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 certification
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 hurricanes 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
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to the consequences
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 modify the 17th Street, Orleans Avenue, and London Avenue
drainage 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 associated 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 rehabilitation costs
of the project and to hold and save the United States free from damages
due to the construction or operation and maintenance of the project,
except for damages due to the fault or negligence 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 Emergency
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 available to
the State of Oklahoma or agencies or authorities therein (referred to
in this section as the ``State'') before the date of enactment 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 unexpended as of the date of enactment of
this Act are authorized to be used by the State to assist individuals
and entities in relocation 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 Assistance
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 requirement 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 provision 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 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. 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 Emergency
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.
(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 Management 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.
Customs and Border Protection
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' for
necessary 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 necessary
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 Evaluation'' 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 emergency
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, $71,800,000,
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.
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: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
DISASTER RELIEF
For an additional amount for ``Disaster Relief'' for necessary
expenses under the Robert T. Stafford Disaster Relief and Emergency
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 Emergency 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 alternative 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 hurricanes 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 section 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 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 hurricanes of the 2005 season
if the State or local government has previously arranged to pay for
such utilities on behalf of the evacuees 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 emergency
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 Program 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 emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
National Park Service
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 provided 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 Hurricanes 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-occupied houses, and an
ability to spend the funds expeditiously: Provided 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 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 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 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.
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 Storage Tank
Program'' for necessary expenses related to the consequences 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 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 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 requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
CHAPTER 6
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Services
For an additional amount for ``Training and Employment Services'',
$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, community 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 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.
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
mosquito and other pest abatement activities in States affected by
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.
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 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.
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 hurricanes 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 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. 2601. (a) In this section:
(1) The term ``affected institution'' means an institution of
higher education that is--
(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
historically 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
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 principal 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 provided
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 Supplemental
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 Management 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: 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 consequences 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 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 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: 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 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 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 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, 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: 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 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, Mississippi, and for any authorized
purpose under this heading: 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.
RELATED AGENCY
Armed Forces Retirement Home
Major Construction
For an additional amount for ``Major Construction'', for necessary
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 Retirement Home in Gulfport,
Mississippi: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 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 consequences of
Hurrican Katrina and other hurricanes of the 2005 season.
(c) The funds made available in subsection (b) may be transferred
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 transferred
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 balances 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: Provided, That the General Services Administration, in
consultation with the Naval Facilities Engineering Command and the
management 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 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 consequences 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 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 COMMERCE
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
Hurricane 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 emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 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 requirement 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 exception 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 notwithstanding 23 U.S.C.
125(d)(1), the Secretary of Transportation may obligate more than
$100,000,000 for such projects in a State in a fiscal year, to respond
to damage caused by Hurricane Dennis and the 2004-2005 winter storms in
the State of California: Provided further, That any amounts in excess
of those necessary for emergency expenses relating to the 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 Development Act of 1974 (Public Law 93-383): Provided, That
funds provided under this heading shall be administered through an
entity or entities designated by the Governor of each State: 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 available 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 remediation) of the affordable rental
housing stock (including public and other HUD-assisted housing) in the
impacted areas: Provided further, 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 alternative requirements for, any provision of any statute
or regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
or guarantees (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
request by the State that such waiver is required to facilitate the use
of such funds or guarantees, and a finding by the Secretary that such
waiver would not be inconsistent with the overall purpose of the
statute: Provided further, That the Secretary may waive the requirement
that activities benefit persons of low and moderate income, except that
at least 50 percent of the funds made available under this heading must
benefit primarily persons of low and moderate income unless the
Secretary otherwise makes a finding of compelling need: Provided
further, That the Secretary shall publish in the Federal Register any
waiver of any statute or regulation that the Secretary administers
pursuant to title I of the Housing and Community Development Act of
1974 no later than 5 days before the effective date of such waiver:
Provided further, That every waiver made by the Secretary must be
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 infrastructure: 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 Appropriations 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 ``Management 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 transferred 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.
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 alterations for affected buildings: Provided
further, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
TITLE III--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.
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 Improvement 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 portion of the amount
of total assistance provided under paragraph (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 arrangements; 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
(C) take any combination of actions described in paragraphs
(1) and (2), using commodities or monetary payments.
(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.--Effective
beginning on the date of enactment of this Act, the Secretary 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 Agricultural
Assistance Act of 2003 (Public Law 108-7; 117 Stat. 539).
(2) Eligible applicants.--Subject to subsection (d), in
providing assistance under paragraph (1), the Secretary shall
provide assistance to any applicant that--
(A) produces poultry, swine, sheep, beef, equine, buffalo,
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 physically
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 enactment
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 Indemnity Program authorized
under title III of Public Law 105-18 (111 Stat. 170).
(2) Eligible applicants.--Subject to subsection (d), in
carrying 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 physically
located in a hurricane-affected county; and
(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 establish 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 producers 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, vegetable, 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 Commodity
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 disaster
assistance under subsection (a) under the same terms and conditions as
assistance provided under section 206 of the Agricultural 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 counties
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 PROGRAM.
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 nonindustrial
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 nonindustrial 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 mitigation of economic loss.
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 Secretary
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 regulations 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 carrying 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 pandemic,
including international activities and activities in foreign countries,
preparedness planning, enhancing the pandemic influenza regulatory
science base, accelerating pandemic influenza disease surveillance,
developing registries to monitor influenza vaccine distribution and
use, supporting pandemic influenza research, clinical trials and
clinical trials infrastructure, and the development and purchase of
vaccines, antivirals, and necessary medical supplies, $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 Programs Fund'' in chapter 3 of title II of
division B, of Public Law 109-148 for activities related to
international surveillance, planning, 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
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.
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 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 determination 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: Provided,
That the entire 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.
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: 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.
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: 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 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 requirement 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 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.
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.
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: 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 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
September 30, 2007.
Sec. 7005. (a) Of the funds available for ``Screening Coordination
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 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. 7009. Unexpended balances for Health Resources and Services
Administration grant number 7C6HF03601-01-00, appropriated in Public
Law 106-554, shall remain available until September 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 Administration 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''.
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 consolidation 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 Reconciliation
Act of 2005 (Public Law 109-171, 120 Stat. 164) is amended by striking
paragraph (2).
Sec. 7016. Section 2401 of the Military Construction Authorization
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 Authorization
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 Authorization
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.
Sec. 7021. The referenced statement of the managers in House Report
109-272, Making Appropriations for Science, the Departments 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 Entrepreneurial
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 Metropolitan 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 Transportation
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 contained 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 determined 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) 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 Department 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 Department 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, section
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
paragraph (7)(A) of such section shall not apply'' after ``1937''.
(b) The provisions of this section are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
Sec. 7029. The Department of Housing and Urban Development
Appropriations Act, 2006 (Public Law 109-115) is amended in designated
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 accompanying this Act'' and
inserting ``statement of managers correction for H.R. 3058 relating to
the Economic Development Initiative submitted 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--
(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 purchase
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
``construction'' 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 ``renovations
to the Broadway Market'' and inserting ``the demolition and
redevelopment of properties in the Broadway-Fillmore Corridor,
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 economic
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 renovation for
the Mid-Pinellas Science Center'' and inserting ``St. Petersburg
College, City of Seminole, Florida for the development 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, Mississippi''.
Sec. 7033. The statement of managers correction referenced in the
second paragraph under the heading ``Community Development 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
``infrastructure 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 ``construction
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 renovation 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 consideration
ownership and jurisdiction (custody, accountability and control) 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 general
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 pursuant 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 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 explanatory
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
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.