[109th Congress Public Law 148]
[From the U.S. Government Printing Office]
[DOCID: f:publ148.109]
[[Page 2679]]
DEPARTMENT OF DEFENSE, EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS
HURRICANES IN THE
GULF OF MEXICO, AND PANDEMIC
INFLUENZA ACT, 2006
[[Page 119 STAT. 2680]]
Public Law 109-148
109th Congress
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2006, and for other purposes. <<NOTE: Dec. 30,
2005 - [H.R. 2863]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf
of Mexico, and Pandemic Influenza Act, 2006. Department of Defense
Appropriations Act, 2006.>> assembled,
DIVISION A
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2006, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $28,191,287,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $22,788,101,000.
[[Page 119 STAT. 2681]]
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $8,968,884,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $23,199,850,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $3,172,669,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,686,099,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified
[[Page 119 STAT. 2682]]
in section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$513,001,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,296,646,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 12301(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$4,912,794,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,267,732,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $11,478,000 can be used for emergencies and
[[Page 119 STAT. 2683]]
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Army, and payments may be made on his certificate
of necessity for confidential military purposes, $24,105,470,000:
Provided, That of funds made available under this heading, $2,000,000
shall be available for Fort Baker, in accordance with the terms and
conditions as provided under the heading ``Operation and Maintenance,
Army'', in Public Law 107-117: Provided further, That notwithstanding
any other provision of law, the Secretary of the Army may provide a
grant of up to $10,000,000 from funds made available in this or any
other Department of Defense Appropriations Act to the Army Distaff
Foundation.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $6,003,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$29,995,383,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$3,695,256,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $30,313,136,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$18,500,716,000: Provided, That not more than $25,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 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: Provided further, That notwithstanding
any other provision of law, of the funds provided in this Act for Civil
Military programs under this heading, $500,000 shall be available for a
grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support the
Youth Development and Leadership program and Department of Defense
STARBASE program: Provided further, That of the funds
[[Page 119 STAT. 2684]]
made available under this heading, $4,250,000 is available for
contractor support to coordinate a wind test demonstration project on an
Air Force installation using wind turbines manufactured in the United
States that are new to the United States market and to execute the
renewable energy purchasing plan: Provided further, That of the funds
provided under this heading, not less than $27,009,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available for
centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of
the funds appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of Defense,
the office of the Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative affairs or
legislative liaison office: Provided further, That $4,000,000, to remain
available until expended, is available only for expenses relating to
certain classified activities, and may be transferred as necessary by
the Secretary to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations to which
transferred: Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and maintenance
funds shall not apply to the funds described in the preceding proviso:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,973,382,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,244,795,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $202,734,000.
[[Page 119 STAT. 2685]]
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,499,286,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $4,491,109,000: Provided,
That $8,500,000 shall be available for the operations and development of
training and technology for the Joint Interagency Training Center-East
and the affiliated Center for National Response at the Memorial Tunnel
and for providing homeland defense/security and traditional warfighting
training to the Department of Defense, other federal agency, and state
and local first responder personnel at the Joint Interagency Training
Center-East.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $4,701,306,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $11,236,000, of which not to exceed $5,000
may be used for official representation purposes.
[[Page 119 STAT. 2686]]
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $407,865,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: 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.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $305,275,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: 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.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $406,461,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: 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.
[[Page 119 STAT. 2687]]
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $28,167,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be merged
with and to be available for the same purposes and for the same time
period as the appropriations to which transferred: 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.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $256,921,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: 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.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 2557, and 2561 of title
10, United States Code), $61,546,000, to remain available until
September 30, 2007.
Former Soviet Union Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facilitating
the elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise, and for defense and military contacts, $415,549,000, to
remain available until September 30, 2008: Provided, That of the amounts
provided under this heading, $15,000,000 shall be available only to
support the dismantling and disposal of nuclear submarines, submarine
reactor
[[Page 119 STAT. 2688]]
components, and security enhancements for transport and storage of
nuclear warheads in the Russian Far East.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,653,280,000, to remain available for obligation until
September 30, 2008: Provided, That $75,000,000 of the funds provided in
this paragraph are available only for the purpose of acquiring four (4)
HH-60L medical evacuation variant Blackhawk helicopters for the Army
Reserve: Provided further, That three (3) UH-60 Blackhawk helicopters in
addition to those referred to in the preceding proviso shall be
available only for the Army Reserve.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,208,919,000, to remain available for obligation until
September 30, 2008.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $1,391,615,000, to
remain available for obligation until September 30, 2008.
[[Page 119 STAT. 2689]]
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,733,020,000, to remain available for obligation until
September 30, 2008.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only; and the
purchase of 14 vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $255,000 per vehicle; communications and electronic
equipment; other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,594,031,000, to remain
available for obligation until September 30, 2008.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$9,774,749,000, to remain available for obligation until September 30,
2008.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and
[[Page 119 STAT. 2690]]
machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $2,659,978,000, to remain
available for obligation until September 30, 2008.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $851,841,000, to remain available for obligation until
September 30, 2008.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
leadtime components and designs for vessels to be constructed or
converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title, as follows:
Carrier Replacement Program (AP), $626,913,000;
NSSN, $1,637,698,000;
NSSN (AP), $763,786,000;
SSGN, $286,516,000;
CVN Refuelings, $1,318,563,000;
CVN Refuelings (AP), $20,000,000;
SSBN Submarine Refuelings, $230,193,000;
SSBN Submarine Refuelings (AP), $62,248,000;
DD(X) (AP), $715,992,000;
DDG-51 Destroyer, $150,000,000;
DDG-51 Destroyer Modernization, $50,000,000;
LCS, $440,000,000;
LHD-8, $197,769,000;
LPD-17, $1,344,741,000;
LHA-R, $150,447,000;
LCAC Landing Craft Air Cushion, $100,000,000;
Prior year shipbuilding costs, $517,523,000;
Service Craft, $45,455,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $369,387,000.
In all: $9,027,231,000, to remain available for obligation until
September 30, 2010: Provided, That additional obligations may be
incurred after September 30, 2010, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further,
[[Page 119 STAT. 2691]]
That none of the funds provided under this heading for the construction
or conversion of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided further, That
none of the funds provided under this heading shall be used for the
construction of any naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only, and the
purchase of 9 vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $255,000 per vehicle; expansion of public and private
plants, including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$5,444,294,000, to remain available for obligation until September 30,
2008.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $1,398,955,000, to remain available for obligation until
September 30, 2008.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $12,737,215,000, to remain available for
obligation until September 30, 2008.
[[Page 119 STAT. 2692]]
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things, $5,174,474,000,
to remain available for obligation until September 30, 2008.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,016,887,000, to remain available for obligation until
September 30, 2008.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only, and the purchase of 2 vehicles required
for physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $255,000 per vehicle;
lease of passenger motor vehicles; and expansion of public and private
plants, Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $14,060,714,000, to remain available for obligation until
September 30, 2008.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only, and the purchase of 5
vehicles required for physical security of personnel, notwithstanding
prior limitations applicable to passenger
[[Page 119 STAT. 2693]]
vehicles but not to exceed $255,000 per vehicle; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$2,573,964,000, to remain available for obligation until September 30,
2008.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $180,000,000, to remain available for
obligation until September 30, 2008: Provided, That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $58,248,000, to remain available until
expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $11,172,397,000, to
remain available for obligation until September 30, 2007.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $18,993,135,000, to
remain available for obligation until September 30, 2007: Provided, That
funds appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the Special
Operations Forces: Provided further, That funds appropriated in this
paragraph shall be available for the Cobra Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment,
[[Page 119 STAT. 2694]]
$21,999,649,000, to remain available for obligation until September 30,
2007.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $19,798,599,000, to remain
available for obligation until September 30, 2007.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $168,458,000, to remain available for obligation until
September 30, 2007.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,154,940,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs
of the United States, $1,089,056,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including pumps,
for all shipboard services; propulsion system components (that is;
engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a
[[Page 119 STAT. 2695]]
timely basis and that such an acquisition must be made in order to
acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by law,
$20,221,212,000, of which $19,299,787,000 shall be for Operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2007, and of which up to $10,212,427,000 may be
available for contracts entered into under the TRICARE program; of which
$379,119,000, to remain available for obligation until September 30,
2008, shall be for Procurement; and of which $542,306,000, to remain
available for obligation until September 30, 2007, shall be for
Research, development, test and evaluation: Provided, That
notwithstanding any other provision of law, of the amount made available
under this heading for Research, development, test and evaluation, not
less than $5,300,000 shall be available for HIV prevention educational
activities undertaken in connection with U.S. military training,
exercises, and humanitarian assistance activities conducted primarily in
African nations.
Chemical Agents and Munitions Destruction, Army
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions, to include construction of facilities, in accordance with the
provisions of section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical
warfare materials that are not in the chemical weapon stockpile,
$1,400,827,000, of which $1,216,514,000 shall be for Operation and
maintenance; $116,527,000 shall be for Procurement to remain available
until September 30, 2008; $67,786,000 shall be for Research,
development, test and evaluation, of which $53,026,000 shall only be for
the Assembled Chemical Weapons Alternatives (ACWA) program, to remain
available until September 30, 2007; and no less than $119,300,000 may be
for the Chemical Stockpile Emergency Preparedness Program, of which
$36,800,000 shall be for activities on military installations and
$82,500,000 shall be to assist State and local governments.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
Operation and maintenance; for Procurement; and for Research,
development, test and evaluation, $917,651,000: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same
[[Page 119 STAT. 2696]]
purpose as the appropriation to which transferred: 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 transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in this
Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $209,687,000, of which $208,687,000 shall be for Operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain available until September
30, 2008, shall be for Procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $244,600,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account, $422,344,000, of which $27,454,000 for the Advanced Research
and Development Committee shall remain available until September 30,
2007: Provided, That of the funds appropriated under this heading,
$39,000,000 shall be transferred to the Department of Justice for the
National Drug Intelligence Center to support the Department of Defense's
counter-drug intelligence responsibilities, and of the said amount,
$1,500,000 for Procurement shall remain available until September 30,
2008 and $1,000,000 for Research, development, test and evaluation shall
remain available until September 30, 2007: Provided further, That the
National Drug Intelligence Center shall maintain the personnel and
technical resources to provide timely support to law enforcement
authorities and the intelligence community by conducting document and
computer exploitation of materials collected in Federal, State, and
local law enforcement activity associated with counter-drug, counter-
terrorism, and national security investigations and operations.
[[Page 119 STAT. 2697]]
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. <<NOTE: 10 USC 1584 note.>> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further, That
this section shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign Service Act of
1980: Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense in the
Republic of Turkey.
Sec. 8003. 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. 8004. No more than 20 percent of the appropriations in this Act
which are limited for obligation during the current fiscal year shall be
obligated during the last 2 months of the fiscal year: Provided, That
this section shall not apply to obligations for support of active duty
training of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$3,750,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the
Congress: <<NOTE: Notification.>> Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be available to
prepare or present a request to the Committees on Appropriations for
reprogramming of funds, unless for higher priority items, based on
unforeseen military requirements, than those for which originally
appropriated and in no case where the
[[Page 119 STAT. 2698]]
item for which reprogramming is requested has been denied by the
Congress: Provided further, That a request for multiple reprogrammings
of funds using authority provided in this section must be made prior to
June 30, 2006: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working capital fund to
procure or increase the value of war reserve material inventory, unless
the Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8007. <<NOTE: Notification.>> Funds appropriated by this Act
may not be used to initiate a special access program without prior
notification 30 calendar days in session in advance to the congressional
defense committees.
Sec. 8008. <<NOTE: Contracts. Notification. 10 USC 2306b
note.>> None of the funds provided in this Act shall be available to
initiate: (1) a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year of the contract or
that includes an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in excess of
$20,000,000 in any 1 year, unless the congressional defense committees
have been notified at least 30 days in advance of the proposed contract
award: Provided, That no part of any appropriation contained in this Act
shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at least to
the limits of the Government's liability: Provided further, That no part
of any appropriation contained in this Act shall be available to
initiate multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed $500,000,000
unless specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-day prior
notification to the congressional defense committees: Provided further,
That the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds provided in this
Act may be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract--
[[Page 119 STAT. 2699]]
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
UH-60/MH-60 Helicopters;
C-17 Globemaster;
Apache Block II Conversion; and
Modernized Target Acquisition Designation Sight/Pilot Night
Vision Sensor (MTADS/PNVS).
Sec. 8009. <<NOTE: 10 USC 401 note.>> Within the funds appropriated
for the operation and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of title
10, United States Code. <<NOTE: Reports.>> Such funds may also be
obligated for humanitarian and civic assistance costs incidental to
authorized operations and pursuant to authority granted in section 401
of chapter 20 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and similar
assistance by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia, pursuant to
the Compact of Free Association as authorized by Public Law 99-239:
Provided further, That upon a determination by the Secretary of the Army
that such action is beneficial for graduate medical education programs
conducted at Army medical facilities located in Hawaii, the Secretary of
the Army may authorize the provision of medical services at such
facilities and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the Commonwealth of
the Northern Mariana Islands, the Marshall Islands, the Federated States
of Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2006, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2007 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2007 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2007.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
[[Page 119 STAT. 2700]]
Sec. <<NOTE: Notification.>> 8011. None of the funds appropriated in
this or any other Act may be used to initiate a new installation
overseas without 30-day advance notification to the Committees on
Appropriations.
Sec. 8012. <<NOTE: Lobbying.>> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8013. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this subsection shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, <<NOTE: Applicability.>> That this
subsection applies only to active components of the Army.
Sec. 8014. (a) Limitation on Conversion to Contractor Performance.--
None of the funds appropriated by this Act shall be available to convert
to contractor performance an activity or function of the Department of
Defense that, on or after the date of the enactment of this Act, is
performed by more than 10 Department of Defense civilian employees
unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or exceeds
the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b) Exceptions.--
(1) The Department of Defense, without regard to subsection
(a) of this section or subsections (a), (b), or (c) of section
2461 of title 10, United States Code, and notwithstanding any
administrative regulation, requirement, or policy to the
contrary shall have full authority to enter into a contract for
[[Page 119 STAT. 2701]]
the performance of any commercial or industrial type function of
the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)), or a Native Hawaiian Organization, as
defined in section 8(a)(15) of the Small Business Act
(15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) Treatment of Conversion.--The conversion of any activity or
function of the Department of Defense under the authority provided by
this section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by statute,
regulation, or policy and is deemed to be awarded under the authority
of, and in compliance with, subsection (h) of section 2304 of title 10,
United States Code, for the competition or outsourcing of commercial
activities.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies)
of welded shipboard anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the
United States: Provided, That for the purpose of this section
manufactured will include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided
further, <<NOTE: Certification.>> That when adequate domestic supplies
are not available to meet Department of Defense requirements on a timely
basis, the Secretary of the service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on
[[Page 119 STAT. 2702]]
Appropriations that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8017. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.
Sec. 8018. None of the funds appropriated by this Act available for
the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) or TRICARE shall be available for the reimbursement of any
health care provider for inpatient mental health service for care
received when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or health care
professional having an economic interest in the facility to which the
patient is referred: <<NOTE: Regulations.>> Provided, That this
limitation does not apply in the case of inpatient mental health
services provided under the program for persons with disabilities under
subsection (d) of section 1079 of title 10, United States Code, provided
as partial hospital care, or provided pursuant to a waiver authorized by
the Secretary of Defense because of medical or psychological
circumstances of the patient that are confirmed by a health professional
who is not a Federal employee after a review, pursuant to rules
prescribed by the Secretary, which takes into account the appropriate
level of care for the patient, the intensity of services required by the
patient, and the availability of that care.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital
Region: <<NOTE: Certification.>> Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the congressional defense committees that such a relocation
is required in the best interest of the Government.
Sec. 8020. <<NOTE: Contracts.>> In addition to the funds provided
elsewhere in this Act, $8,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor
at any tier that makes a subcontract award to any subcontractor or
supplier as defined in section 1544 of title 25, United States Code or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with respect to any
fiscal year: Provided further, <<NOTE: Applicability.>> That
notwithstanding section 430 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part by any subcontractor or supplier defined in section
1544 of title 25, United States Code or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code: <<NOTE: 15 USC 637 note.>> Provided
further, That, during the current fiscal year and hereafter, businesses
certified as 8(a) by the Small
[[Page 119 STAT. 2703]]
Business Administration pursuant to section 8(a)(15) of Public Law 85-
536, as amended, shall have the same status as other program
participants under section 602 of Public Law 100-656, 102 Stat. 3825
(Business Opportunity Development Reform Act of 1988) for purposes of
contracting with agencies of the Department of Defense.
Sec. 8021. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24 months
after initiation of such study with respect to a single function
activity or 30 months after initiation of such study for a multi-
function activity.
Sec. 8022. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8023. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may adjust wage rates for civilian employees
hired for certain health care occupations as authorized for the
Secretary of Veterans Affairs by section 7455 of title 38, United States
Code.
Sec. 8024. <<NOTE: Kuwait.>> During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $31,109,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $24,288,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $6,000,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $821,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel
[[Page 119 STAT. 2704]]
Regulations, when engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2006 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2006, not more than 5,517
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That of the specific amount referred to previously in
this subsection, not more than 1,050 staff years may be funded for the
defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National
Intelligence Program (NIP).
(e) <<NOTE: Reports.>> The Secretary of Defense shall, with the
submission of the department's fiscal year 2007 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$46,000,000.
Sec. 8027. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI)
specifications of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8028. <<NOTE: 10 USC 101 note.>> For the purposes of this Act,
the term ``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services Committee
of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives. In
addition, for any matter pertaining to basic allowance for housing,
facilities sustainment, restoration and modernization, environmental
restoration and the Defense Health Program, ``congressional defense
committees'' also means the Subcommittee on Military Quality of Life and
Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the House of Representatives.
Sec. 8029. During the current fiscal year, the Department of Defense
may acquire the modification, depot maintenance and
[[Page 119 STAT. 2705]]
repair of aircraft, vehicles and vessels as well as the production of
components and other Defense-related articles, through competition
between Department of Defense depot maintenance activities and private
firms: <<NOTE: Certification.>> Provided, That the Senior Acquisition
Executive of the military department or Defense Agency concerned, with
power of delegation, shall certify that successful bids include
comparable estimates of all direct and indirect costs for both public
and private bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under this
section.
Sec. 8030. <<NOTE: 41 USC 10b-2 note.>> (a)(1) If the Secretary of
Defense, after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement
described in paragraph (2) has violated the terms of the agreement by
discriminating against certain types of products produced in the United
States that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) <<NOTE: Reports. Customs duties.>> The Secretary of Defense
shall submit to the Congress a report on the amount of Department of
Defense purchases from foreign entities in fiscal year 2006. Such report
shall separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et
seq.), or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes'', approved March 3, 1933 (41 U.S.C.
10a et seq.).
Sec. 8031. Appropriations contained in this Act that remain
available at the end of the current fiscal year, and at the end of each
fiscal year hereafter, as a result of energy cost savings realized by
the Department of Defense shall remain available for obligation for the
next fiscal year to the extent, and for the purposes, provided in
section 2865 of title 10, United States Code.
Sec. 8032. <<NOTE: President. 10 USC 221 note.>> The President shall
include with each budget for a fiscal year submitted to the Congress
under section 1105 of title 31, United States Code, and hereafter,
materials that shall identify clearly and separately the amounts
requested in the budget for appropriation for that fiscal year for
salaries and expenses related to administrative activities of the
Department of Defense, the military departments, and the defense
agencies.
Sec. 8033. <<NOTE: 10 USC 374 note.>> Notwithstanding any other
provision of law, funds available during the current fiscal year and
hereafter for ``Drug Interdiction and Counter-Drug Activities, Defense''
may be obligated for the Young Marines program.
[[Page 119 STAT. 2706]]
(including transfer of funds)
Sec. 8034. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8035. (a) In General.--Notwithstanding any other provision of
law, the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota relocatable military
housing units located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) <<NOTE: Housing. Native Americans. State listing.>> Processing
of Requests.--The Secretary of the Air Force shall convey, at no cost to
the Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of North Dakota, South Dakota, Montana, and Minnesota.
(c) Resolution of Housing Unit Conflicts.--The Operation Walking
Shield Program shall resolve any conflicts among requests of Indian
tribes for housing units under subsection (a) before submitting requests
to the Secretary of the Air Force under subsection (b).
(d) Indian Tribe Defined.--In this section, the term ``Indian
tribe'' means any recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8036. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8037. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2007 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2007 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2007 procurement appropriation and not in the supply
management business area or any other area or category of the Department
of Defense Working Capital Funds.
[[Page 119 STAT. 2707]]
Sec. 8038. <<NOTE: 50 USC 403u note.>> None of the funds
appropriated by this Act for programs of the Central Intelligence Agency
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2007: Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947, as amended, shall remain available until September 30,
2007.
Sec. 8039. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8040. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $10,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8041. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means title III of the
Act entitled ``An Act making appropriations for the Treasury and Post
Office Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
Sec. 8042. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited proposal
unless the head of the activity responsible for the procurement
determines--
[[Page 119 STAT. 2708]]
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8043. (a) Except as provided in subsection (b) and (c), none of
the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis, if
the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats.
Sec. 8044. The Secretary of Defense, acting through the Office of
Economic Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and Maintenance,
Defense-Wide'' to make grants and supplement other Federal funds in
accordance with the guidance provided in the Joint Explanatory Statement
of the Committee of Conference to accompany the conference report on the
bill H.R. 2863, and the projects specified in such guidance shall be
considered to be authorized by law.
(rescissions)
Sec. 8045. 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, Army, 2004/2006'', $20,000,000;
``Missile Procurement, Army, 2005/2007'', $14,931,000;
``Other Procurement, Army, 2005/2007'', $68,637,000;
``Aircraft Procurement, Navy, 2005/2007'', $16,800,000;
``Shipbuilding and Conversion, Navy, 2005/2009'',
$42,200,000;
[[Page 119 STAT. 2709]]
``Other Procurement, Navy, 2005/2007'', $43,000,000;
``Procurement, Marine Corps, 2005/2007'', $4,300,000;
``Missile Procurement, Air Force, 2005/2007'', $92,000,000;
``Other Procurement, Air Force, 2005/2007'', $3,400,000;
``Research, Development, Test and Evaluation, Army, 2005/
2006'', $4,300,000;
``Research, Development, Test and Evaluation, Navy, 2005/
2006'', $32,755,000; and
``Research, Development, Test and Evaluation, Air Force,
2005/2006'', $63,400,000.
Sec. 8046. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8047. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to the
Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8048. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program, the Joint Military Intelligence Program, and the
Tactical Intelligence and Related Activities aggregate: Provided, That
nothing in this section authorizes deviation from established Reserve
and National Guard personnel and training procedures.
Sec. 8049. <<NOTE: Certification.>> During the current fiscal year,
none of the funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to military
treatment facilities below the September 30, 2003, level: Provided, That
the Service Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-based
budgeting.
Sec. 8050. Up to $2,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available to
contract for the installation, repair, and maintenance of an on-base and
adjacent off-base wastewater/treatment facility and infrastructure
critical to base operations and the public health and safety of
community residents in the vicinity of the NCTAMS.
Sec. 8051. Notwithstanding any other provision of law, that not more
than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8052. <<NOTE: 10 USC 374 note.>> (a) None of the funds
available to the Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to any other
department or
[[Page 119 STAT. 2710]]
agency of the United States except as specifically provided in an
appropriations law.
(b) <<NOTE: 50 USC 403f note.>> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
Sec. 8053. Up to $3,000,000 of the funds appropriated in title II of
this Act under the heading ``Operation and Maintenance, Army'', may be
made available to contract with the Army Historical Foundation, a
nonprofit organization, for services required to solicit non-Federal
donations to support construction and operation of the National Museum
of the United States Army at Fort Belvoir, Virginia: Provided, That
notwithstanding any other provision of law, the Army is authorized to
receive future payments in this or the subsequent fiscal year from any
nonprofit organization chartered to support the National Museum of the
United States Army to reimburse amounts expended by the Army pursuant to
this section: Provided further, That any reimbursements received
pursuant to this section shall be merged with ``Operation and
Maintenance, Army'' and shall be made available for the same purposes
and for the same time period as that appropriation account.
(transfer of funds)
Sec. 8054. <<NOTE: 10 USC 2865 note.>> Appropriations available
under the heading ``Operation and Maintenance, Defense-Wide'' for the
current fiscal year and hereafter for increasing energy and water
efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.
Sec. 8055. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That the
Secretary of the military department responsible for such procurement
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire capability
for national security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as defined by
section 4(12) of the Office of Federal Procurement Policy Act, except
that the restriction shall apply to ball or roller bearings purchased as
end items.
Sec. 8056. None of the funds in this Act may be used to purchase any
supercomputer which is not manufactured in the United States, unless the
Secretary of Defense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire capability for
national security purposes that is not available from United States
manufacturers.
Sec. 8057. <<NOTE: Contracts. Employment.>> Notwithstanding any
other provision of law, each contract awarded by the Department of
Defense during the current fiscal year for construction or service
performed in whole or in
[[Page 119 STAT. 2711]]
part in a State (as defined in section 381(d) of title 10, United States
Code) which is not contiguous with another State and has an unemployment
rate in excess of the national average rate of unemployment as
determined by the Secretary of Labor, shall include a provision
requiring the contractor to employ, for the purpose of performing that
portion of the contract in such State that is not contiguous with
another State, individuals who are residents of such State and who, in
the case of any craft or trade, possess or would be able to acquire
promptly the necessary skills: Provided, That the Secretary of Defense
may waive the requirements of this section, on a case-by-case basis, in
the interest of national security.
Sec. 8058. None of the funds made available in this or any other Act
may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of another
Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8059. <<NOTE: Notification.>> (a) Limitation on Transfer of
Defense Articles and Services.--Notwithstanding any other provision of
law, none of the funds available to the Department of Defense for the
current fiscal year may be obligated or expended to transfer to another
nation or an international organization any defense articles or services
(other than intelligence services) for use in the activities described
in subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
Sec. 8060. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense
[[Page 119 STAT. 2712]]
for costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8061. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8062. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8063. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
[[Page 119 STAT. 2713]]
Sec. 8064. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private, regional
or municipal services, if provisions are included for the consideration
of United States coal as an energy source.
Sec. 8065. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8066. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8067. None of the funds made available in this Act may be used
to approve or license the sale of the F/A-22 advanced tactical fighter
to any foreign government.
Sec. 8068. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect
to that country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of defense
items entered into under section 2531 of title 10, United States Code,
and the country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) <<NOTE: Applicability.>> Subsection (a) applies with respect
to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
[[Page 119 STAT. 2714]]
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
Sec. 8069. (a) Prohibition.--None of the funds made available by
this Act may be used to support any training program involving a unit of
the security forces of a foreign country if the Secretary of Defense has
received credible information from the Department of State that the unit
has committed a gross violation of human rights, unless all necessary
corrective steps have been taken.
(b) Monitoring.--The <<NOTE: Human rights.>> Secretary of Defense,
in consultation with the Secretary of State, shall ensure that prior to
a decision to conduct any training program referred to in subsection
(a), full consideration is given to all credible information available
to the Department of State relating to human rights violations by
foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a) if he
determines that such waiver is required by extraordinary circumstances.
(d) Report.--Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a report to
the congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8070. None of the funds appropriated or made available in this
Act to the Department of the Navy shall be used to develop, lease or
procure the T-AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire capability
for national security purposes or there exists a significant cost or
quality difference.
Sec. 8071. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8072. <<NOTE: Reports.>> Notwithstanding any other provision of
law, funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new start
advanced concept technology demonstration project may only be obligated
30 days after a report, including a description of the project, the
planned acquisition and transition strategy and its estimated annual and
total cost, has been provided in writing to the congressional defense
committees: Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying
[[Page 119 STAT. 2715]]
to the congressional defense committees that it is in the national
interest to do so.
Sec. 8073. <<NOTE: Reports. Deadline.>> The Secretary of Defense
shall provide a classified quarterly report beginning 30 days after
enactment of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8074. During the current fiscal year, refunds attributable to
the use of the Government travel card, refunds attributable to the use
of the Government Purchase Card and refunds attributable to official
Government travel arranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance, and research,
development, test and evaluation accounts of the Department of Defense
which are current when the refunds are received.
Sec. 8075. (a) Registering Financial Management Information
Technology Systems With DOD Chief Information Officer.--None of the
funds appropriated in this Act may be used for a mission critical or
mission essential financial management information technology system
(including a system funded by the defense working capital fund) that is
not registered with the Chief Information Officer of the Department of
Defense. A system shall be considered to be registered with that officer
upon the furnishing to that officer of notice of the system, together
with such information concerning the system as the Secretary of Defense
may prescribe. A financial management information technology system
shall be considered a mission critical or mission essential information
technology system as defined by the Under Secretary of Defense
(Comptroller).
(b) Certifications as to Compliance With Financial Management
Modernization Plan.--
(1) During the current fiscal year, a financial management
automated information system, a mixed information system
supporting financial and non-financial systems, or a system
improvement of more than $1,000,000 may not receive Milestone A
approval, Milestone B approval, or full rate production, or
their equivalent, within the Department of Defense until the
Under Secretary of Defense (Comptroller) certifies, with respect
to that milestone, that the system is being developed and
managed in accordance with the Department's Financial Management
Modernization Plan. The Under Secretary of Defense (Comptroller)
may require additional certifications, as appropriate, with
respect to any such system.
(2) <<NOTE: Notification.>> The Chief Information Officer
shall provide the congressional defense committees timely
notification of certifications under paragraph (1).
(c) Certifications as to Compliance With Clinger-Cohen Act.--
(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval,
Milestone B approval, or full rate production approval, or their
equivalent, within the Department of Defense until the Chief
Information Officer certifies, with respect to that milestone,
that the system is being developed in accordance with the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications, as
appropriate, with respect to any such system.
[[Page 119 STAT. 2716]]
(2) <<NOTE: Notification.>> The Chief Information Officer
shall provide the congressional defense committees timely
notification of certifications under paragraph (1). Each such
notification shall include, at a minimum, the funding baseline
and milestone schedule for each system covered by such a
certification and confirmation that the following steps have
been taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation
of the return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent
with the Department's Global Information Grid.
(d) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
Sec. 8076. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or
agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable basis,
and is providing the requested support pursuant to such authority:
Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8077. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32 may
perform duties in support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8078. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the Department
of Defense that has a center-fire cartridge and a United States military
nomenclature designation of ``armor penetrator'', ``armor piercing
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under a contract
that requires the entity to demonstrate to the satisfaction of the
Department of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or (2) used
to manufacture ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant to a
License for Permanent Export of Unclassified Military Articles issued by
the Department of State.
[[Page 119 STAT. 2717]]
Sec. 8079. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under section
2667 of title 10, United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in section 508(d) of title 32, United States Code, or any
other youth, social, or fraternal non-profit organization as may be
approved by the Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
Sec. 8080. <<NOTE: Alcohol and alcoholic beverages. 10 USC 2488
note.>> None of the funds appropriated by this Act shall be used for the
support of any nonappropriated funds activity of the Department of
Defense that procures malt beverages and wine with nonappropriated funds
for resale (including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless such malt
beverages and wine are procured within that State, or in the case of the
District of Columbia, within the District of Columbia, in which the
military installation is located: Provided, That in a case in which the
military installation is located in more than one State, purchases may
be made in any State in which the installation is located: Provided
further, <<NOTE: Contracts. Applicability.>> That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8081. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground control
segments of such system's modernization program.
(including transfer of funds)
Sec. 8082. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Army'', $147,900,000 shall remain available
until expended: Provided, That notwithstanding any other provision of
law, the Secretary of Defense is authorized to transfer such funds to
other activities of the Federal Government: Provided further, That the
Secretary of Defense is authorized to enter into and carry out contracts
for the acquisition of real property, construction, personal services,
and operations related to projects described in further detail in the
Classified Annex accompanying the Department of Defense Appropriations
Act, 2006, consistent with the terms and conditions set forth therein:
Provided further, That contracts entered into under the authority of
this section may provide for such indemnification as the Secretary
determines to be necessary: Provided further, That projects authorized
by this section shall comply with applicable Federal, State, and local
law to the maximum extent consistent with the national security, as
determined by the Secretary of Defense.
Sec. 8083. <<NOTE: Applicability. 10 USC 113 note.>> Section 8106 of
the Department of Defense Appropriations Act, 1997 (titles I through
VIII of the matter under subsection 101(b) of Public Law 104-208; 110
Stat. 3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in fiscal year
2006.
[[Page 119 STAT. 2718]]
Sec. 8084. In addition to amounts provided elsewhere in this Act,
$2,200,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, these funds shall be
available only for a grant to the Fisher House Foundation, Inc., only
for the construction and furnishing of additional Fisher Houses to meet
the needs of military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
Sec. 8085. (a) The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program to
distribute surplus dental and medical equipment of the Department of
Defense, at no cost to the Department of Defense, to Indian Health
Service facilities and to federally-qualified health centers (within the
meaning of section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
(b) <<NOTE: Gifts and property.>> In carrying out this provision,
the Secretary of Defense shall give the Indian Health Service a property
disposal priority equal to the priority given to the Department of
Defense and its twelve special screening programs in distribution of
surplus dental and medical supplies and equipment.
Sec. 8086. Amounts appropriated in title II of this Act are hereby
reduced by $265,000,000 to reflect savings attributable to efficiencies
and management improvements in the funding of miscellaneous or other
contracts in the military departments, as follows:
(1) From ``Operation and Maintenance, Army'', $26,000,000.
(2) From ``Operation and Maintenance, Navy'', $85,000,000.
(3) From ``Operation and Maintenance, Air Force'',
$154,000,000.
Sec. 8087. The total amount appropriated or otherwise made available
in this Act is hereby reduced by $100,000,000 to limit excessive growth
in the procurement of advisory and assistance services, to be
distributed as follows:
``Operation and Maintenance, Army'', $25,000,000.
``Operation and Maintenance, Navy'', $10,000,000.
``Operation and Maintenance, Air Force'', $30,000,000.
``Operation and Maintenance, Defense-Wide'', $35,000,000.
(including transfer of funds)
Sec. 8088. Of the amounts appropriated in this Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'',
$132,866,000 shall be made available for the Arrow missile defense
program: Provided, That of this amount, $60,250,000 shall be available
for the purpose of producing Arrow missile components in the United
States and Arrow missile components and missiles in Israel to meet
Israel's defense requirements, consistent with each nation's laws,
regulations and procedures, and $10,000,000 shall be available for the
purpose of the initiation of a joint feasibility study designated the
Short Range Ballistic Missile Defense (SRBMD) initiative: Provided
further, That funds made available under this provision for production
of missiles and missile components may be transferred to appropriations
available for the procurement of weapons and equipment, to be merged
with and to be available for the same time period and the same purposes
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.
[[Page 119 STAT. 2719]]
(including transfer of funds)
Sec. 8089. Of the amounts appropriated in this Act under the heading
``Shipbuilding and Conversion, Navy'', $517,523,000 shall be available
until September 30, 2006, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer such funds to the following appropriations in
the amounts specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes as the
appropriations to which transferred:
To:
Under the heading ``Shipbuilding and Conversion,
Navy, 1998/2006'':
New SSN, $28,000,000.
Under the heading ``Shipbuilding and Conversion,
Navy, 1999/2006'':
LPD-17 Amphibious Transport Dock Ship Program,
$95,000,000;
New SSN, $72,000,000.
Under the heading ``Shipbuilding and Conversion,
Navy, 2000/2006'':
LPD-17 Amphibious Transport Dock Ship Program,
$94,800,000.
Under the heading ``Shipbuilding and Conversion,
Navy, 2001/2006'':
Carrier Replacement Program, $145,023,000;
New SSN, $82,700,000.
Sec. 8090. The Secretary of the Navy may settle, or compromise, and
pay any and all admiralty claims under section 7622 of title 10, United
States Code arising out of the collision involving the U.S.S.
GREENEVILLE and the EHIME MARU, in any amount and without regard to the
monetary limitations in subsections (a) and (b) of that section:
Provided, That such payments shall be made from funds available to the
Department of the Navy for operation and maintenance.
Sec. 8091. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may exercise the provisions of section 7403(g)
of title 38, United States Code for occupations listed in section
7403(a)(2) of title 38, United States Code as well as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) <<NOTE: Applicability.>> The requirements of
section 7403(g)(1)(A) of title 38, United States Code
shall apply.
(B) The limitations of section 7403(g)(1)(B) of
title 38, United States Code shall not apply.
Sec. 8092. Funds appropriated by this Act, or made available by the
transfer of funds in 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) during fiscal year
2006 until the enactment of the Intelligence Authorization Act for
fiscal year 2006.
Sec. 8093. None of the funds in this Act may be used to initiate a
new start program without prior written notification to the Office of
Secretary of Defense and the congressional defense committees.
Sec. 8094. The amounts appropriated in title II of this Act are
hereby reduced by $250,000,000 to reflect cash balance and
[[Page 119 STAT. 2720]]
rate stabilization adjustments in Department of Defense Working Capital
Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $100,000,000.
(2) From ``Operation and Maintenance, Navy'', $50,000,000.
(3) From ``Operation and Maintenance, Air Force'',
$100,000,000.
Sec. 8095. (a) In addition to the amounts provided elsewhere in this
Act, the amount of $5,100,000 is hereby appropriated to the Department
of Defense for ``Operation and Maintenance, Army National
Guard''. <<NOTE: Grants.>> Such amount shall be made available to the
Secretary of the Army only to make a grant in the amount of $5,100,000
to the entity specified in subsection (b) to facilitate access by
veterans to opportunities for skilled employment in the construction
industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a nonprofit
labor-management co-operation committee provided for by section
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C.
186(c)(9)), for the purposes set forth in section 6(b) of the Labor
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
Sec. 8096. Financing and Fielding of Key Army Capabilities.--The
Department of Defense and the Department of the Army shall make future
budgetary and programming plans to fully finance the Non-Line of Sight
Future Force cannon and resupply vehicle program (NLOS-C) in order to
field this system in fiscal year 2010, consistent with the broader plan
to field the Future Combat System (FCS) in fiscal year 2010: Provided,
That if the Army is precluded from fielding the FCS program by fiscal
year 2010, then the Army shall develop the NLOS-C independent of the
broader FCS development timeline to achieve fielding by fiscal year
2010. In addition the Army will deliver eight (8) combat operational
pre-production NLOS-C systems by the end of calendar year 2008. These
systems shall be in addition to those systems necessary for
developmental and operational testing: Provided further, That the Army
shall ensure that budgetary and programmatic plans will provide for no
fewer than seven (7) Stryker Brigade Combat Teams.
Sec. 8097. Up to $2,125,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
Missile Range Facility may be made available to contract for the repair,
maintenance, and operation of adjacent off-base water, drainage, and
flood control systems, electrical upgrade to support additional missions
critical to base operations, and support for a range footprint expansion
to further guard against encroachment.
Sec. 8098. In addition to the amounts appropriated or otherwise made
available elsewhere in this Act, $33,350,000 is hereby appropriated to
the Department of Defense, to remain available until September 30, 2006:
Provided, <<NOTE: Grants.>> That the Secretary of Defense shall make
grants in the amounts specified as follows: $3,850,000 to the Intrepid
Sea-Air-Space Foundation; $1,000,000 to the Pentagon Memorial Fund,
Inc.; $4,400,000 to the Center for Applied Science and Technologies at
Jordan Valley Innovation Center; $1,000,000 to the Vietnam Veterans
Memorial Fund for the Teach Vietnam initiative; $500,000 to the
Westchester County World Trade Center
[[Page 119 STAT. 2721]]
Memorial; $1,000,000 to the Women in Military Service for America
Memorial Foundation; $2,000,000 to The Presidio Trust; $500,000 to
George Mason University for the Clinic for Legal Assistance to
Servicemembers; $850,000 to the Fort Des Moines Memorial Park and
Education Center; $1,000,000 to the American Civil War Center at
Historic Tredegar; $1,500,000 to the Museum of Flight, American Heroes
Collection; $1,000,000 to the National Guard Youth Foundation;
$2,550,000 to the United Services Organization; $1,700,000 to the Dwight
D. Eisenhower Memorial Commission; $1,000,000 to the Iraq Cultural
Heritage Assistance Project; $1,350,000 to the Pacific Aviation Museum-
Pearl Harbor; $1,500,000 to the Red Cross Consolidated Blood Services
Facility; $150,000 to the Telluride Adaptive Sports Program; $4,000,000
to T.H.A.N.K.S USA; $1,500,000 to the Battleship Texas Foundation to
Restore and Preserve the Battleship Texas; and $1,000,000 to the
Pennsylvania Veterans Museum Media Armory.
Sec. 8099. <<NOTE: Military working dog.>> Notwithstanding section
2583(a) of title 10, United States Code, but subject to the limitations
of section 2583(e) of title 10, United States Code, during the current
fiscal year the Secretary of the military department concerned may make
a military working dog available for adoption by its former handler.
Sec. 8100. <<NOTE: Federal budget. 10 USC 221 note.>> The budget of
the President for fiscal year 2007 submitted to the Congress pursuant to
section 1105 of title 31, United States Code shall include separate
budget justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a description of
the funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year and the
two preceding fiscal years.
Sec. 8101. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8102. Of the amounts provided in title II of this Act under the
heading ``Operation and Maintenance, Defense-Wide'', $20,000,000 is
available for the Regional Defense Counter-terrorism Fellowship Program,
to fund the education and training of foreign military officers,
ministry of defense civilians, and other foreign security officials, to
include United States military officers and civilian officials whose
participation directly contributes to the education and training of
these foreign students.
Sec. 8103. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such action
would reduce the WC-130 Weather Reconnaissance mission below the levels
funded in this Act: Provided,
[[Page 119 STAT. 2722]]
That the Air Force shall allow the 53rd Weather Reconnaissance Squadron
to perform other missions in support of national defense requirements
during the non-hurricane season.
Sec. 8104. None of the funds provided in this Act shall be available
for integration of foreign intelligence information unless the
information has been lawfully collected and processed during the conduct
of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8105. <<NOTE: California.>> (a) From within amounts made
available in title II of this Act, under the heading ``Operation and
Maintenance, Army'', and notwithstanding any other provision of law, up
to $7,000,000 shall be available only for repairs and safety
improvements to the segment of Fort Irwin Road which extends from
Interstate 15 northeast toward the boundary of Fort Irwin, California
and the originating intersection of Irwin Road: Provided, That these
funds shall remain available until expended: Provided further, That the
authorized scope of work includes, but is not limited to, environmental
documentation and mitigation, engineering and design, improving safety,
resurfacing, widening lanes, enhancing shoulders, and replacing signs
and pavement markings: Provided further, That these funds may be used
for advances to the Federal Highway Administration, Department of
Transportation, for the authorized scope of work.
(b) <<NOTE: Grants.>> From within amounts made available in title II
of this Act under the heading ``Operation and Maintenance, Marine
Corps'', the Secretary of the Navy shall make a grant in the amount of
$4,800,000, notwithstanding any other provision of law, to the City of
Twentynine Palms, California, for the widening of off-base Adobe Road,
which is used by members of the Marine Corps stationed at the Marine
Corps Air Ground Task Force Training Center, Twentynine Palms,
California, and their dependents, and for construction of pedestrian and
bike lanes for the road, to provide for the safety of the Marines
stationed at the installation.
Sec. 8106. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command administrative and operational control of U.S. Navy
forces assigned to the Pacific fleet: Provided, That the command and
control relationships which existed on October 1, 2004, shall remain in
force unless changes are specifically authorized in a subsequent Act.
Sec. 8107. <<NOTE: Notification.>> (a) At the time members of
reserve components of the Armed Forces are called or ordered to active
duty under section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during which the
member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
[[Page 119 STAT. 2723]]
(including transfer of funds)
Sec. 8108. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate
adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That the
funding transferred shall be available for the same time period as the
appropriation to which transferred: Provided
further, <<NOTE: Reports.>> That the Secretary may not transfer any
funds until 30 days after the proposed transfer has been reported to the
Committees on Appropriations of the Senate and the House of
Representatives, unless sooner notified by the Committees that there is
no objection to the proposed transfer: Provided further, That the
transfer authority provided by this section is in addition to any other
transfer authority contained elsewhere in this Act.
Sec. 8109. (a) The total amount appropriated or otherwise made
available in title II of this Act is hereby reduced by $92,000,000 to
limit excessive growth in the travel and transportation of persons.
(b) The Secretary of Defense shall allocate this reduction
proportionately to each budget activity, activity group, subactivity
group, and each program, project, and activity within each applicable
appropriation account.
Sec. 8110. In addition to funds made available elsewhere in this
Act, $5,500,000 is hereby appropriated and shall remain available until
expended to provide assistance, by grant or otherwise (such as, but not
limited to, the provision of funds for repairs, maintenance,
construction, and/or for the purchase of information technology, text
books, teaching resources), to public schools that have unusually high
concentrations of special needs military dependents enrolled: Provided,
That in selecting school systems to receive such assistance, special
consideration shall be given to school systems in States that are
considered overseas assignments, and all schools within these school
systems shall be eligible for assistance: Provided further, That up to 2
percent of the total appropriated funds under this section shall be
available to support the administration and execution of the funds or
program and/or events that promote the purpose of this appropriation
(e.g. payment of travel and per diem of school teachers attending
conferences or a meeting that promotes the purpose of this appropriation
and/or consultant fees for on-site training of teachers, staff, or Joint
Venture Education Forum (JVEF) Committee members): Provided further,
That up to $2,000,000 shall be available for the Department of Defense
to establish a non-profit trust fund to assist in the public-private
funding of public school repair and maintenance projects, or provide
directly to non-profit organizations who in return will use these monies
to provide assistance in the form of repair, maintenance, or renovation
to public school systems that have high concentrations of special needs
military dependents and are located in States that are considered
overseas assignments: Provided further, That to the extent a Federal
agency provides this assistance, by contract, grant, or otherwise, it
may accept and expend non-Federal funds in combination with these
Federal funds to provide assistance for the authorized purpose, if the
non-
[[Page 119 STAT. 2724]]
Federal entity requests such assistance and the non-Federal funds are
provided on a reimbursable basis.
Sec. 8111. Of the funds appropriated or otherwise made available in
this Act, a reduction of $361,000,000 is hereby taken from title III,
Procurement, from the following accounts in the specified amounts:
``Missile Procurement, Army'', $9,000,000;
``Other Procurement, Army'', $297,000,000; and
``Procurement, Marine Corps'', $55,000,000:
Provided, <<NOTE: Reports. Deadline.>> That within 30 days of enactment
of this Act, the Secretary of the Army and the Secretary of the Navy
shall provide a report to the House Committee on Appropriations and the
Senate Committee on Appropriations which describes the application of
these reductions to programs, projects or activities within these
accounts.
(including transfer of funds)
Sec. 8112. (a) Three-Year Extension.--During the current fiscal year
and each of fiscal years 2007 and 2008, the Secretary of Defense may
transfer not more than $20,000,000 of unobligated balances remaining in
the expiring RDT&E, Army, appropriation account to a current Research,
Development, Test and Evaluation, Army, appropriation account to be used
only for the continuation of the Army Venture Capital Fund
demonstration.
(b) Expiring RDT&E, Army, Account.--For purposes of this section,
for any fiscal year, the expiring RDT&E, Army, account is the Research,
Development, Test and Evaluation, Army, appropriation account that is
then in its last fiscal year of availability for obligation before the
account closes under section 1552 of title 31, United States Code.
(c) Army Venture Capital Fund Demonstration.--For purposes of this
section, the Army Venture Capital Fund demonstration is the program for
which funds were initially provided in section 8150 of the Department of
Defense Appropriations Act, 2002 (division A of Public Law 107-117; 115
Stat. 2281), as extended and revised in section 8105 of Department of
Defense Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1562).
(d) <<NOTE: Applicability.>> Administrative Provisions.--The
provisos in section 8105 of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248; 116 Stat. 1562), shall apply with respect
to amounts transferred under this section in the same manner as to
amounts transferred under that section.
Sec. 8113. Of the funds made available in this Act, not less than
$76,100,000 shall be available to maintain an attrition reserve force of
18 B-52 aircraft, of which $3,900,000 shall be available from ``Military
Personnel, Air Force'', $44,300,000 shall be available from ``Operation
and Maintenance, Air Force'', and $27,900,000 shall be available from
``Aircraft Procurement, Air Force'': Provided, That the Secretary of the
Air Force shall maintain a total force of 94 B-52 aircraft, including 18
attrition reserve aircraft, during fiscal year 2006: Provided further,
That the Secretary of Defense shall include in the Air Force budget
request for fiscal year 2007 amounts sufficient to maintain a B-52 force
totaling 94 aircraft.
Sec. 8114. The Secretary of the Air Force is authorized, using funds
available under the heading ``Operation and Maintenance, Air Force'', to
complete a phased repair project, which repairs may include upgrades and
additions, to the infrastructure of the
[[Page 119 STAT. 2725]]
operational ranges managed by the Air Force in Alaska: Provided, That
the total cost of such phased projects shall not exceed $32,000,000.
Sec. 8115. For purposes of section 612 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
(transfer of funds)
Sec. 8116. Upon enactment of this Act, the Secretary of Defense
shall make the following transfer of funds: Provided, That funds so
transferred shall be merged with and shall be available for the same
purpose and for the same time period as the appropriation to which
transferred: Provided further, That the amounts shall be transferred
between the following appropriations in the amounts specified:
From:
Under the heading ``Shipbuilding and Conversion,
Navy, 2003/2007'':
For outfitting, post delivery, conversions,
and first destination transportation, $3,300,000;
Under the heading ``Shipbuilding and Conversion,
Navy, 2004/2008'':
For outfitting, post delivery, conversions,
and first destination transportation, $6,100,000;
To:
Under the heading ``Shipbuilding and Conversion,
Navy, 2003/2007'':
SSGN, $3,300,000;
Under the heading ``Shipbuilding and Conversion,
Navy, 2004/2008'':
SSGN, $6,100,000.
Sec. 8117. (a) <<NOTE: Iraq. Afghanistan.>> Findings.--The Senate
makes the following findings:
(1) The Department of Defense Appropriations Act, 2004
(Public Law 108-87), the Department of Defense Appropriations
Act, 2005 (Public Law 108-287), and the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13) each contain a sense of
the Senate provision urging the President to provide in the
annual budget requests of the President for a fiscal year under
section 1105(a) of title 31, United States Code, an estimate of
the cost of ongoing military operations in Iraq and Afghanistan
in such fiscal year.
(2) The budget for fiscal year 2006 submitted to Congress by
the President on February 7, 2005, requests no funds for fiscal
year 2006 for ongoing military operations in Iraq or
Afghanistan.
(3) According to the Congressional Research Service, there
exists historical precedent for including the cost of ongoing
military operations in the annual budget requests of the
President following initial funding for such operations by
emergency or supplemental appropriations Acts, including--
[[Page 119 STAT. 2726]]
(A) funds for Operation Noble Eagle, beginning in
the budget request of President George W. Bush for
fiscal year 2005;
(B) funds for operations in Kosovo, beginning in the
budget request of President George W. Bush for fiscal
year 2001;
(C) funds for operations in Bosnia, beginning in the
budget request of President Clinton for fiscal year
1997;
(D) funds for operations in Southwest Asia,
beginning in the budget request of President Clinton for
fiscal year 1997;
(E) funds for operations in Vietnam, beginning in
the budget request of President Johnson for fiscal year
1966; and
(F) funds for World War II, beginning in the budget
request of President Roosevelt for fiscal year 1943.
(4) In section 1024(b) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (119 Stat. 252), the Senate requested that
the President submit to Congress, not later than September 1,
2005, an amendment to the budget of the President for fiscal
year 2006 setting forth detailed cost estimates for ongoing
military operations overseas during such fiscal year.
(5) The President has yet to submit such an amendment.
(6) In February 2005, the Congressional Budget Office
estimated that fiscal year 2006 cost of ongoing military
operations in Iraq and Afghanistan could total $85,000,000,000.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) any request for funds for a fiscal year after fiscal
year 2006 for an ongoing military operation overseas, including
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) the President should submit a budget request for fiscal
year 2006 setting forth estimates for ongoing military
operations overseas during such fiscal year; and
(3) any funds provided for a fiscal year 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.
Sec. 8118. Section 351(a)(3) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 1858) is amended by striking ``July 31, 2004'' and inserting
``April 1, 2006''.
Sec. 8119. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other program
authority relating to current tactical unmanned aerial vehicles (TUAVs)
from the Army.
(b) The Army shall retain responsibility for and operational control
of the Extended Range Multi-Purpose (ERMP) Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8120. (a) Report.--Not later than February 15, 2006, the
Secretary of Defense shall submit to the congressional defense
committees a report on the status of the review of, and actions
[[Page 119 STAT. 2727]]
taken to implement, the recommendations of the Comptroller General of
the United States in the report of the Comptroller General entitled
``Military and Veterans Benefits: Enhanced Services Could Improve
Transition Assistance for Reserves and National Guard'' (GAO 05-544).
(b) Particular Information.--If the Secretary has determined in the
course of the review described in subsection (a) not to implement any
recommendation of the Comptroller General described in that subsection,
the report under that subsection shall include a justification of such
determination.
Sec. 8121. (a) The Secretary of the Navy may, subject to the terms
and conditions of the Secretary, donate the World War II-era marine
railway located at the United States Naval Academy, Annapolis, Maryland,
to the Richardson Maritime Heritage Center, Cambridge, Maryland.
(b) The marine railway donated under subsection (a) may not be used
for commercial purposes.
Sec. 8122. The Secretary of Defense may present promotional
materials, including a United States flag, to any member of an Active or
Reserve component under the Secretary's jurisdiction who, as determined
by the Secretary, participates in Operation Enduring Freedom or
Operation Iraqi Freedom, along with other recognition items in
conjunction with any week-long national observation and day of national
celebration, if established by Presidential proclamation, for any such
members returning from such operations.
Sec. 8123. Section 8013 of the Department of Defense Appropriations
Act, 1994 (Public Law 103-139; 107 Stat. 1440) is amended by striking
``the report to the President from the Defense Base Closure and
Realignment Commission, July 1991'' and inserting ``the reports to the
President from the Defense Base Closure and Realignment Commission, July
1991 and July 1993''.
Sec. 8124. (a) Increase in Rate of Basic Pay.--
(1) Increase.--Footnote 2 to the table on Enlisted Members
in section 601(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 37 U.S.C. 1009 note) is
amended by striking ``or Master Chief Petty Officer of the Coast
Guard'' and inserting ``Master Chief Petty Officer of the Coast
Guard, or Senior Enlisted Advisor to the Chairman of the Joint
Chiefs of Staff''.
(2) <<NOTE: 37 USC 1009 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect on September
1, 2005, and shall apply with respect to months beginning on or
after that date.
(b) Personal Money Allowance.--Section 414(c) of title 37, United
States Code, is amended by striking ``or the Master Chief Petty Officer
of the Coast Guard'' and inserting ``the Master Chief Petty Officer of
the Coast Guard, or the Senior Enlisted Advisor to the Chairman of the
Joint Chiefs of Staff''.
Sec. 8125. Notwithstanding any other provision of this Act, to
reflect savings from revised economic assumptions the total amount
appropriated in title II of this Act is hereby reduced by $195,260,000,
the total amount appropriated in title III of this Act is hereby reduced
by $263,875,000, and the total amount appropriated in title IV of this
Act is hereby reduced by $312,165,000: Provided, That the Secretary of
Defense shall allocate this reduction proportionally to each budget
activity, activity group, subactivity group, and each program, project,
and activity, within each appropriation account.
[[Page 119 STAT. 2728]]
Sec. 8126. <<NOTE: Support Our Scouts Act of 2005. 10 USC 101
note. 5 USC 301 note.>> Support for Youth Organizations. (a) Short
Title.--This Act may be cited as the ``Support Our Scouts Act of 2005''.
(b) Support for Youth Organizations.--
(1) Definitions.--In this subsection--
(A) the term ``Federal agency'' means each
department, agency, instrumentality, or other entity of
the United States Government; and
(B) the term ``youth organization''--
(i) means any organization that is designated
by the President as an organization that is
primarily intended to--
(I) serve individuals under the age
of 21 years;
(II) provide training in
citizenship, leadership, physical
fitness, service to community, and
teamwork; and
(III) promote the development of
character and ethical and moral values;
and
(ii) shall include--
(I) the Boy Scouts of America;
(II) the Girl Scouts of the United
States of America;
(III) the Boys Clubs of America;
(IV) the Girls Clubs of America;
(V) the Young Men's Christian
Association;
(VI) the Young Women's Christian
Association;
(VII) the Civil Air Patrol;
(VIII) the United States Olympic
Committee;
(IX) the Special Olympics;
(X) Campfire USA;
(XI) the Young Marines;
(XII) the Naval Sea Cadets Corps;
(XIII) 4-H Clubs;
(XIV) the Police Athletic League;
(XV) Big Brothers--Big Sisters of
America; and
(XVI) National Guard Youth
Challenge.
(2) In general.--
(A) Support for youth organizations.--
(i) Support.--No Federal law (including any
rule, regulation, directive, instruction, or
order) shall be construed to limit any Federal
agency from providing any form of support for a
youth organization (including the Boy Scouts of
America or any group officially affiliated with
the Boy Scouts of America) that would result in
that Federal agency providing less support to that
youth organization (or any similar organization
chartered under the chapter of title 36, United
States Code, relating to that youth organization)
than was provided during the preceding fiscal
year. This clause shall be subject to the
availability of appropriations.
(ii) Youth organizations that cease to
exist.--Clause (i) shall not apply to any youth
organization that ceases to exist.
(iii) Waivers.--The head of a Federal agency
may waive the application of clause (i) to any
youth
[[Page 119 STAT. 2729]]
organization with respect to each conviction or
investigation described under subclause (I) or
(II) for a period of not more than 2 fiscal years
if--
(I) any senior officer (including
any member of the board of directors) of
the youth organization is convicted of a
criminal offense relating to the
official duties of that officer or the
youth organization is convicted of a
criminal offense; or
(II) the youth organization is the
subject of a criminal investigation
relating to fraudulent use or waste of
Federal funds.
(B) Types of support.--Support described under this
paragraph shall include--
(i) holding meetings, camping events, or other
activities on Federal property;
(ii) hosting any official event of such
organization;
(iii) loaning equipment; and
(iv) providing personnel services and
logistical support.
(c) <<NOTE: 10 USC 2554 note.>> Support for Scout Jamborees.--
(1) Findings.--Congress makes the following findings:
(A) Section 8 of article I of the Constitution of
the United States commits exclusively to Congress the
powers to raise and support armies, provide and maintain
a Navy, and make rules for the government and regulation
of the land and naval forces.
(B) Under those powers conferred by section 8 of
article I of the Constitution of the United States to
provide, support, and maintain the Armed Forces, it lies
within the discretion of Congress to provide
opportunities to train the Armed Forces.
(C) The primary purpose of the Armed Forces is to
defend our national security and prepare for combat
should the need arise.
(D) One of the most critical elements in defending
the Nation and preparing for combat is training in
conditions that simulate the preparation, logistics, and
leadership required for defense and combat.
(E) Support for youth organization events simulates
the preparation, logistics, and leadership required for
defending our national security and preparing for
combat.
(F) For example, Boy Scouts of America's National
Scout Jamboree is a unique training event for the Armed
Forces, as it requires the construction, maintenance,
and disassembly of a ``tent city'' capable of supporting
tens of thousands of people for a week or longer.
Camporees at the United States Military Academy for Girl
Scouts and Boy Scouts provide similar training
opportunities on a smaller scale.
(2) Support.--Section 2554 of title 10, United States Code,
is amended by adding at the end the following:
``(i)(1) The Secretary of Defense shall provide at least the same
level of support under this section for a national or world Boy Scout
Jamboree as was provided under this section for the preceding national
or world Boy Scout Jamboree.
``(2) The Secretary of Defense may waive paragraph (1), if the
Secretary--
[[Page 119 STAT. 2730]]
``(A) determines that providing the support subject to
paragraph (1) would be detrimental to the national security of
the United States; and
``(B) reports such a determination to the Congress in a
timely manner, and before such support is not provided.''.
(d) Equal Access for Youth Organizations.--Section 109 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5309) is
amended--
(1) in the first sentence of subsection (b) by inserting
``or (e)'' after ``subsection (a)''; and
(2) by adding at the end the following:
``(e) Equal Access.--
``(1) Definition.--In this subsection, the term `youth
organization' means any organization described under part B of
subtitle II of title 36, United States Code, that is intended to
serve individuals under the age of 21 years.
``(2) In general.--No State or unit of general local
government that has a designated open forum, limited public
forum, or nonpublic forum and that is a recipient of assistance
under this chapter shall deny equal access or a fair opportunity
to meet to, or discriminate against, any youth organization,
including the Boy Scouts of America or any group officially
affiliated with the Boy Scouts of America, that wishes to
conduct a meeting or otherwise participate in that designated
open forum, limited public forum, or nonpublic forum.''.
Sec. 8127. <<NOTE: 10 USC note prec. 2601.>> Regulations to Clarify
Gift Acceptance Policy for Service Members and Their Families. (a)
Regulations.--The Secretary of Defense shall prescribe regulations to
provide that, subject to such limitations as may be specified in such
regulations, members of the Armed Forces described in subsection (c),
and the family members of such a member, may accept gifts from non-
profit organizations, private parties, and other sources outside the
Department of Defense, other than foreign governments and their agents.
Such regulations shall apply uniformly to the Army, Navy, Air Force, and
Marine Corps, and, to the maximum extent feasible, to the Coast Guard,
and shall apply uniformly to the active and reserve components.
(b) Authority.--A member of the Armed Forces described in subsection
(c) may accept gifts as provided in the regulations authorized in
subsection (a), notwithstanding section 7353 of title 5, United States
Code.
(c) Covered Members.--A member of the Armed Forces is described in
this subsection in the case of a member who is on active duty and who on
or after September 11, 2001, and while on active duty, incurred an
injury or illness--
(1) as described in section 1413a(e)(2) of title 10, United
States Code; or
(2) in an operation or area designated as a combat operation
or a combat zone, respectively, by the Secretary of Defense in
accordance with the regulations prescribed under subsection (a).
(d) Deadline for Regulations.--Regulations under subsection (a)
shall be prescribed not later than 90 days after the date of the
enactment of this Act.
[[Page 119 STAT. 2731]]
(e) Retroactive Applicability of Regulations.--Regulations under
subsection (a) shall, to the extent provided in such regulations, also
apply to the acceptance of gifts during the period beginning on
September 11, 2001, and ending on the date on which such regulations go
into effect.
Sec. 8128. Section 106(g) of the Alaska Natural Gas Pipeline Act (15
U.S.C. 720d) is amended be striking ``later'' and inserting ``earlier''.
Sec. 8129. <<NOTE: Termination date.>> The present incumbent
Attending Physician at the U.S. Capitol shall be continued on active
duty until ten years after the enactment of this Act.
TITLE IX
ADDITIONAL APPROPRIATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$4,713,245,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$144,000,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$455,000,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$508,000,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$138,755,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$10,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$234,400,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $3,200,000.
[[Page 119 STAT. 2732]]
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$21,348,886,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$1,810,500,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,833,126,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $2,483,900,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $805,000,000, of which up to $195,000,000, 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: <<NOTE: Reports.>> 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.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $48,200,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $6,400,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $27,950,000.
[[Page 119 STAT. 2733]]
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $5,000,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $183,000,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $7,200,000.
Iraq Freedom Fund
(including transfer of funds)
For an additional amount for ``Iraq Freedom Fund'', $4,658,686,000,
to remain available for transfer until September 30, 2007, only to
support operations in Iraq or Afghanistan and classified activities:
Provided, That the Secretary of Defense may transfer the funds provided
herein to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and working
capital funds: Provided further, That of the amounts provided under this
heading, $3,048,686,000 shall only be for classified programs, described
in further detail in the classified annex accompanying this Act:
Provided further, That up to $100,000,000 shall be available for the
Department of Homeland Security, ``United States Coast Guard, Operating
Expenses'': Provided further, That not less than $1,360,000,000 shall be
available for the Joint IED Defeat Task Force: Provided further, That
funds transferred shall be merged with and be available for the same
purposes and for the same time period as the appropriation or fund to
which transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That upon a 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, <<NOTE: Notification.>> 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: <<NOTE: Reports. Deadline.>> Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$232,100,000, to remain available until September 30, 2008.
[[Page 119 STAT. 2734]]
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$55,000,000, to remain available until September 30, 2008.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $860,190,000, to remain available until
September 30, 2008.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$273,000,000, to remain available until September 30, 2008.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$3,174,900,000, to remain available until September 30, 2008.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$138,837,000, to remain available until September 30, 2008.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$116,900,000, to remain available until September 30, 2008.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $38,885,000, to remain available until September 30,
2008.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$49,100,000, to remain available until September 30, 2008.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,710,145,000, to remain available until September 30, 2008.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$115,300,000, to remain available until September 30, 2008.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$17,000,000, to remain available until September 30, 2008.
[[Page 119 STAT. 2735]]
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$17,500,000, to remain available until September 30, 2008.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$182,075,000, to remain available until September 30, 2008.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $1,000,000,000, to remain available until September 30,
2008.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $13,100,000, to remain available until September,
30, 2007.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $12,500,000, to remain available until
September, 30, 2007.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $25,000,000, to remain available until
September 30, 2007.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$2,516,400,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $27,620,000.
GENERAL PROVISIONS
Sec. 9001. Appropriations provided in this title are available for
obligation until September 30, 2006, unless otherwise so provided in
this title.
Sec. 9002. Notwithstanding any other provision of law or of this
Act, funds made available in this title are in addition to amounts
provided elsewhere in this Act.
[[Page 119 STAT. 2736]]
(transfer of funds)
Sec. 9003. Upon his determination that such action is necessary in
the national interest, the Secretary of Defense may transfer between
appropriations up to $2,500,000,000 of the funds made available to the
Department of Defense in this title: <<NOTE: Notification.>> Provided,
That the Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided further, That
the authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and is subject
to the same terms and conditions as the authority provided in section
8005 of this Act.
Sec. 9004. Funds appropriated in this title, or made available by
the transfer of funds in or pursuant to this title, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 9005. None of the funds provided in this title may be used to
finance programs or activities denied by Congress in fiscal years 2005
or 2006 appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new start
program without prior written notification to the congressional defense
committees.
Sec. 9006. Notwithstanding any other provision of law, of the funds
made available in this title to the Department of Defense for operation
and maintenance, not to exceed $500,000,000 may be used by the Secretary
of Defense, with the concurrence of the Secretary of State, to train,
equip and provide related assistance only to military or security forces
of Iraq and Afghanistan to enhance their capability to combat terrorism
and to support United States military operations in Iraq and
Afghanistan: Provided, That such assistance may include the provision of
equipment, supplies, services, training, and funding: Provided further,
That the authority to provide assistance under this section is in
addition to any other authority to provide
assistance <<NOTE: Notification. Deadline.>> to foreign nations:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees, the Committee on International
Relations of the House of Representatives, and the Committee on Foreign
Relations of the Senate not less than 15 days before providing
assistance under the authority of this section.
Sec. 9007. (a) From funds made available in this title to the
Department of Defense, not to exceed $500,000,000 may be used,
notwithstanding any other provision of law, to fund the Commander's
Emergency Response Program, for the purpose of enabling military
commanders in Iraq to respond to urgent humanitarian relief and
reconstruction requirements within their areas of responsibility by
carrying out programs that will immediately assist the Iraqi people, and
to fund a similar program to assist the people of Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the end of each
fiscal year quarter (beginning with the first quarter of fiscal year
2006), the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made available
pursuant to the authority provided in this section or under any other
provision of law for the purposes of the programs under subsection (a).
[[Page 119 STAT. 2737]]
Sec. 9008. Amounts provided in this title for operations in Iraq and
Afghanistan may be used by the Department of Defense for the purchase of
up to 20 heavy and light armored vehicles for force protection purposes,
notwithstanding price or other limitations specified elsewhere in this
Act, or any other provision of
law: <<NOTE: Reports. Deadline.>> Provided, That the Secretary of
Defense shall submit a report in writing no later than 30 days after the
end of each fiscal quarter notifying the congressional defense
committees of any purchase described in this section, including the
cost, purposes, and quantities of vehicles purchased.
Sec. 9009. During the current fiscal year, funds available to the
Department of Defense for operation and maintenance may be used,
notwithstanding any other provision of law, to provide supplies,
services, transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and stability
operations in <<NOTE: Reports.>> Iraq and Afghanistan: Provided, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided under this
section.
Sec. 9010. <<NOTE: Reports. Deadline.>> (a) Not later than 60 days
after the date of the enactment of this Act and every 90 days thereafter
through the end of fiscal year 2006, the Secretary of Defense shall set
forth in a report to Congress a comprehensive set of performance
indicators and measures for progress toward military and political
stability in Iraq.
(b) The report shall include performance standards and goals for
security, economic, and security force training objectives in Iraq
together with a notional timetable for achieving these goals.
(c) In specific, the report requires, at a minimum, the following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including
the important political milestones that must be achieved
over the next several years.
(B) The primary indicators of a stable security
environment in Iraq, such as number of engagements per
day, numbers of trained Iraqi forces, and trends
relating to numbers and types of ethnic and religious-
based hostile encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is
composed of non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and
efforts to disarm or reintegrate each militia.
(E) Key indicators of economic activity that should
be considered the most important for determining the
prospects of stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production
rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to
determine when it is safe to begin withdrawing United
States forces from Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:
[[Page 119 STAT. 2738]]
(A) The training provided Iraqi military and other
Ministry of Defense forces and the equipment used by
such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of
Defense forces, goals for achieving certain capability
and readiness levels (as well as for recruiting,
training, and equipping these forces), and the
milestones and notional timetable for achieving these
goals.
(C) The operational readiness status of the Iraqi
military forces, including the type, number, size, and
organizational structure of Iraqi battalions that are--
(i) capable of conducting counterinsurgency
operations independently;
(ii) capable of conducting counterinsurgency
operations with the support of United States or
coalition forces; or
(iii) not ready to conduct counterinsurgency
operations.
(D) The rates of absenteeism in the Iraqi military
forces and the extent to which insurgents have
infiltrated such forces.
(E) The training provided Iraqi police and other
Ministry of Interior forces and the equipment used by
such forces.
(F) Key criteria for assessing the capabilities and
readiness of the Iraqi police and other Ministry of
Interior forces, goals for achieving certain capability
and readiness levels (as well as for recruiting,
training, and equipping), and the milestones and
notional timetable for achieving these goals,
including--
(i) the number of police recruits that have
received classroom training and the duration of
such instruction;
(ii) the number of veteran police officers who
have received classroom instruction and the
duration of such instruction;
(iii) the number of police candidates screened
by the Iraqi Police Screening Service, the number
of candidates derived from other entry procedures,
and the success rates of those groups of
candidates;
(iv) the number of Iraqi police forces who
have received field training by international
police trainers and the duration of such
instruction; and
(v) attrition rates and measures of
absenteeism and infiltration by insurgents.
(G) The estimated total number of Iraqi battalions
needed for the Iraqi security forces to perform duties
now being undertaken by coalition forces, including
defending the borders of Iraq and providing adequate
levels of law and order throughout Iraq.
(H) The effectiveness of the Iraqi military and
police officer cadres and the chain of command.
(I) The number of United States and coalition
advisors needed to support the Iraqi security forces and
associated ministries.
[[Page 119 STAT. 2739]]
(J) An assessment, in a classified annex if
necessary, of United States military requirements,
including planned force rotations, through the end of
calendar year 2006.
Sec. 9011. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance, and executed in direct support of the Global War on
Terrorism only in Iraq and Afghanistan, may be obligated at the time a
construction contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-house
Government costs.
Sec. 9012. Amounts appropriated or otherwise made available in this
title are designated as making appropriations for contingency operations
related to the global war on terrorism pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
TITLE <<NOTE: Detainee Treatment Act of 2005.>> X--MATTERS RELATING TO
DETAINEES
SEC. 1001. <<NOTE: 42 USC 2000dd note.>> SHORT TITLE.
This title may be cited as the ``Detainee Treatment Act of 2005''.
SEC. 1002. <<NOTE: 10 USC 801 note.>> UNIFORM STANDARDS FOR THE
INTERROGATION OF PERSONS UNDER THE DETENTION OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--No person in the custody or under the effective
control of the Department of Defense or under detention in a Department
of Defense facility shall be subject to any treatment or technique of
interrogation not authorized by and listed in the United States Army
Field Manual on Intelligence Interrogation.
(b) Applicability.--Subsection (a) shall not apply with respect to
any person in the custody or under the effective control of the
Department of Defense pursuant to a criminal law or immigration law of
the United States.
(c) Construction.--Nothing in this section shall be construed to
affect the rights under the United States Constitution of any person in
the custody or under the physical jurisdiction of the United States.
SEC. 1003. <<NOTE: 42 USC 2000dd.>> PROHIBITION ON CRUEL, INHUMAN, OR
DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY
OR CONTROL OF THE UNITED STATES GOVERNMENT.
(a) In General.--No individual in the custody or under the physical
control of the United States Government, regardless of nationality or
physical location, shall be subject to cruel, inhuman, or degrading
treatment or punishment.
(b) Construction.--Nothing in this section shall be construed to
impose any geographical limitation on the applicability of the
prohibition against cruel, inhuman, or degrading treatment or punishment
under this section.
(c) Limitation on Supersedure.--The provisions of this section shall
not be superseded, except by a provision of law enacted after the date
of the enactment of this Act which specifically repeals, modifies, or
supersedes the provisions of this section.
[[Page 119 STAT. 2740]]
(d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined.--
In this section, the term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment or
punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to
the Constitution of the United States, as defined in the United States
Reservations, Declarations and Understandings to the United Nations
Convention Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment done at New York, December 10, 1984.
SEC. 1004. <<NOTE: 42 USC 2000dd-1.>> PROTECTION OF UNITED STATES
GOVERNMENT PERSONNEL ENGAGED IN AUTHORIZED INTERROGATIONS.
(a) Protection of United States Government Personnel.--In any civil
action or criminal prosecution against an officer, employee, member of
the Armed Forces, or other agent of the United States Government who is
a United States person, arising out of the officer, employee, member of
the Armed Forces, or other agent's engaging in specific operational
practices, that involve detention and interrogation of aliens who the
President or his designees have determined are believed to be engaged in
or associated with international terrorist activity that poses a
serious, continuing threat to the United States, its interests, or its
allies, and that were officially authorized and determined to be lawful
at the time that they were conducted, it shall be a defense that such
officer, employee, member of the Armed Forces, or other agent did not
know that the practices were unlawful and a person of ordinary sense and
understanding would not know the practices were unlawful. Good faith
reliance on advice of counsel should be an important factor, among
others, to consider in assessing whether a person of ordinary sense and
understanding would have known the practices to be unlawful. Nothing in
this section shall be construed to limit or extinguish any defense or
protection otherwise available to any person or entity from suit, civil
or criminal liability, or damages, or to provide immunity from
prosecution for any criminal offense by the proper authorities.
(b) Counsel.--The United States Government may provide or employ
counsel, and pay counsel fees, court costs, bail, and other expenses
incident to the representation of an officer, employee, member of the
Armed Forces, or other agent described in subsection (a), with respect
to any civil action or criminal prosecution arising out of practices
described in that subsection, under the same conditions, and to the same
extent, to which such services and payments are authorized under section
1037 of title 10, United States Code.
SEC. 1005. <<NOTE: 10 USC 801 note.>> PROCEDURES FOR STATUS REVIEW OF
DETAINEES OUTSIDE THE UNITED STATES.
(a) Submittal of Procedures for Status Review of Detainees at
Guantanamo Bay, Cuba, and in Afghanistan and Iraq.--
(1) In general.--Not <<NOTE: Reports. Deadline.>> later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committee on Armed
Services and the Committee on the Judiciary of the Senate and
the Committee on Armed Services and the Committee on the
Judiciary of the House of Representatives a report setting
forth--
(A) the procedures of the Combatant Status Review
Tribunals and the Administrative Review Boards
established by direction of the Secretary of Defense
that are
[[Page 119 STAT. 2741]]
in operation at Guantanamo Bay, Cuba, for determining
the status of the detainees held at Guantanamo Bay or to
provide an annual review to determine the need to
continue to detain an alien who is a detainee; and
(B) the procedures in operation in Afghanistan and
Iraq for a determination of the status of aliens
detained in the custody or under the physical control of
the Department of Defense in those countries.
(2) Designated civilian official.--The procedures submitted
to Congress pursuant to paragraph (1)(A) shall ensure that the
official of the Department of Defense who is designated by the
President or Secretary of Defense to be the final review
authority within the Department of Defense with respect to
decisions of any such tribunal or board (referred to as the
``Designated Civilian Official'') shall be a civilian officer of
the Department of Defense holding an office to which
appointments are required by law to be made by the President, by
and with the advice and consent of the Senate.
(3) Consideration of new evidence.--The procedures submitted
under paragraph (1)(A) shall provide for periodic review of any
new evidence that may become available relating to the enemy
combatant status of a detainee.
(b) Consideration of Statements Derived With Coercion.--
(1) Assessment.--The procedures submitted to Congress
pursuant to subsection (a)(1)(A) shall ensure that a Combatant
Status Review Tribunal or Administrative Review Board, or any
similar or successor administrative tribunal or board, in making
a determination of status or disposition of any detainee under
such procedures, shall, to the extent practicable, assess--
(A) whether any statement derived from or relating
to such detainee was obtained as a result of coercion;
and
(B) the probative value (if any) of any such
statement.
(2) Applicability.--Paragraph (1) applies with respect to
any proceeding beginning on or after the date of the enactment
of this Act.
(c) Report on Modification of Procedures.--The Secretary of Defense
shall submit to the committees specified in subsection (a)(1) a report
on any modification of the procedures submitted under subsection (a).
Any such report shall be submitted not later than 60 days before the
date on which such modification goes into effect.
(d) Annual Report.--
(1) Report required.--The Secretary of Defense shall submit
to Congress an annual report on the annual review process for
aliens in the custody of the Department of Defense outside the
United States. Each such report shall be submitted in
unclassified form, with a classified annex, if necessary. The
report shall be submitted not later than December 31 each year.
(2) Elements of report.--Each such report shall include the
following with respect to the year covered by the report:
(A) The number of detainees whose status was
reviewed.
(B) The procedures used at each location.
(e) Judicial Review of Detention of Enemy Combatants.--
[[Page 119 STAT. 2742]]
(1) In general.--Section 2241 of title 28, United States
Code, is amended by adding at the end the following:
``(e) Except as provided in section 1005 of the Detainee Treatment
Act of 2005, no court, justice, or judge shall have jurisdiction to hear
or consider--
``(1) an application for a writ of habeas corpus filed by or
on behalf of an alien detained by the Department of Defense at
Guantanamo Bay, Cuba; or
``(2) any other action against the United States or its
agents relating to any aspect of the detention by the Department
of Defense of an alien at Guantanamo Bay, Cuba, who--
``(A) is currently in military custody; or
``(B) has been determined by the United States Court
of Appeals for the District of Columbia Circuit in
accordance with the procedures set forth in section
1005(e) of the Detainee Treatment Act of 2005 to have
been properly detained as an enemy combatant.''.
(2) Review of decisions of combatant status review tribunals
of propriety of detention.--
(A) In general.--Subject to subparagraphs (B), (C),
and (D), the United States Court of Appeals for the
District of Columbia Circuit shall have exclusive
jurisdiction to determine the validity of any final
decision of a Combatant Status Review Tribunal that an
alien is properly detained as an enemy combatant.
(B) Limitation on claims.--The jurisdiction of the
United States Court of Appeals for the District of
Columbia Circuit under this paragraph shall be limited
to claims brought by or on behalf of an alien--
(i) who is, at the time a request for review
by such court is filed, detained by the Department
of Defense at Guantanamo Bay, Cuba; and
(ii) for whom a Combatant Status Review
Tribunal has been conducted, pursuant to
applicable procedures specified by the Secretary
of Defense.
(C) Scope of review.--The jurisdiction of the United
States Court of Appeals for the District of Columbia
Circuit on any claims with respect to an alien under
this paragraph shall be limited to the consideration
of--
(i) whether the status determination of the
Combatant Status Review Tribunal with regard to
such alien was consistent with the standards and
procedures specified by the Secretary of Defense
for Combatant Status Review Tribunals (including
the requirement that the conclusion of the
Tribunal be supported by a preponderance of the
evidence and allowing a rebuttable presumption in
favor of the Government's evidence); and
(ii) to the extent the Constitution and laws
of the United States are applicable, whether the
use of such standards and procedures to make the
determination is consistent with the Constitution
and laws of the United States.
(D) Termination on release from custody.--The
jurisdiction of the United States Court of Appeals for
the District of Columbia Circuit with respect to the
claims of an alien under this paragraph shall cease upon
the
[[Page 119 STAT. 2743]]
release of such alien from the custody of the Department
of Defense.
(3) Review of final decisions of military commissions.--
(A) In general.--Subject to subparagraphs (B), (C),
and (D), the United States Court of Appeals for the
District of Columbia Circuit shall have exclusive
jurisdiction to determine the validity of any final
decision rendered pursuant to Military Commission Order
No. 1, dated August 31, 2005 (or any successor military
order).
(B) Grant of review.--Review under this paragraph--
(i) with respect to a capital case or a case
in which the alien was sentenced to a term of
imprisonment of 10 years or more, shall be as of
right; or
(ii) with respect to any other case, shall be
at the discretion of the United States Court of
Appeals for the District of Columbia Circuit.
(C) Limitation on appeals.--The jurisdiction of the
United States Court of Appeals for the District of
Columbia Circuit under this paragraph shall be limited
to an appeal brought by or on behalf of an alien--
(i) who was, at the time of the proceedings
pursuant to the military order referred to in
subparagraph (A), detained by the Department of
Defense at Guantanamo Bay, Cuba; and
(ii) for whom a final decision has been
rendered pursuant to such military order.
(D) Scope of review.--The jurisdiction of the United
States Court of Appeals for the District of Columbia
Circuit on an appeal of a final decision with respect to
an alien under this paragraph shall be limited to the
consideration of--
(i) whether the final decision was consistent
with the standards and procedures specified in the
military order referred to in subparagraph (A);
and
(ii) to the extent the Constitution and laws
of the United States are applicable, whether the
use of such standards and procedures to reach the
final decision is consistent with the Constitution
and laws of the United States.
(4) Respondent.--The Secretary of Defense shall be the named
respondent in any appeal to the United States Court of Appeals
for the District of Columbia Circuit under this subsection.
(f) Construction.--Nothing in this section shall be construed to
confer any constitutional right on an alien detained as an enemy
combatant outside the United States.
(g) United States Defined.--For purposes of this section, the term
``United States'', when used in a geographic sense, is as defined in
section 101(a)(38) of the Immigration and Nationality Act and, in
particular, does not include the United States Naval Station, Guantanamo
Bay, Cuba.
(h) Effective Date.--
(1) In general.--This section shall take effect on the date
of the enactment of this Act.
(2) Review of combatant status tribunal and military
commission decisions.--Paragraphs (2) and (3) of subsection
[[Page 119 STAT. 2744]]
(e) shall apply with respect to any claim whose review is
governed by one of such paragraphs and that is pending on or
after the date of the enactment of this Act.
SEC. 1006. TRAINING OF IRAQI FORCES REGARDING TREATMENT OF DETAINEES.
(a) Required Policies.--
(1) In general.--The Secretary of Defense shall ensure that
policies are prescribed regarding procedures for military and
civilian personnel of the Department of Defense and contractor
personnel of the Department of Defense in Iraq that are intended
to ensure that members of the Armed Forces, and all persons
acting on behalf of the Armed Forces or within facilities of the
Armed Forces, ensure that all personnel of Iraqi military forces
who are trained by Department of Defense personnel and
contractor personnel of the Department of Defense receive
training regarding the international obligations and laws
applicable to the humane detention of detainees, including
protections afforded under the Geneva Conventions and the
Convention Against Torture.
(2) Acknowledgment of training.--The Secretary shall ensure
that, for all personnel of the Iraqi Security Forces who are
provided training referred to in paragraph (1), there is
documented acknowledgment of such training having been provided.
(3) Deadline for policies to be prescribed.--The policies
required by paragraph (1) shall be prescribed not later than 180
days after the date of the enactment of this Act.
(b) Army Field Manual.--
(1) Translation.--The Secretary of Defense shall provide for
the United States Army Field Manual on Intelligence
Interrogation to be translated into arabic and any other
language the Secretary determines appropriate for use by members
of the Iraqi military forces.
(2) Distribution.--The Secretary of Defense shall provide
for such manual, as translated, to be provided to each unit of
the Iraqi military forces trained by Department of Defense
personnel or contractor personnel of the Department of Defense.
(c) <<NOTE: Records. Reports.>> Transmittal of Regulations.--Not
less than 30 days after the date on which regulations, policies, and
orders are first prescribed under subsection (a), the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives
copies of such regulations, policies, or orders, together with a report
on steps taken to the date of the report to implement this section.
(d) Annual Report.--Not less than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the implementation of this section.
This division may be cited as the ``Department of Defense
Appropriations Act, 2006''.
[[Page 119 STAT. 2745]]
DIVISION <<NOTE: Emergency Supplemental Appropriations Act to Address
Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006.>> B
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF
OF MEXICO AND PANDEMIC INFLUENZA, 2006
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to address hurricanes in the Gulf
of Mexico and pandemic influenza for the fiscal year ending September
30, 2006, and for other purposes, namely:
TITLE I
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF
OF MEXICO
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Executive Operations
working capital fund
For necessary expenses of ``Working Capital Fund'' related to the
consequences of Hurricane Katrina, $35,000,000, to remain available
until expended: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$9,200,000, to remain available until September 30, 2007, for necessary
expenses related to the consequences of Hurricane Katrina: 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 Development Programs
rural community advancement program
For the cost of grants for the water, waste disposal, and wastewater
facilities programs authorized under section 306(a) and 306A of the
Consolidated Farm and Rural Development Act, $45,000,000: Provided, That
funds made available under this paragraph shall remain available until
expended to respond to damage caused by hurricanes that occurred during
the 2005 calendar year: Provided further, That the amounts provided
under this heading are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[[Page 119 STAT. 2746]]
Rural Housing Service
rural housing insurance fund program account
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949 to
respond to damage caused by hurricanes that occurred during the 2005
calendar year to be available from the Rural Housing Insurance Fund, as
follows: $1,468,696,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $175,593,000 shall be for direct
loans and of which $1,293,103,000 shall be for unsubsidized guaranteed
loans; and $34,188,000 for section 504 housing repair loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows, to remain available until expended: section 502
loans, $35,000,000, of which $20,000,000 shall be for direct loans, and
of which $15,000,000 shall be for unsubsidized guaranteed loans; and
section 504 housing repair loans, $10,000,000: Provided, That the
amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
rural housing assistance grants
For an additional amount for grants for very low-income housing
repairs as authorized by 42 U.S.C. 1474 to respond to damage caused by
hurricanes that occurred during the 2005 calendar year, $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: Provided further, That
these funds are not subject to any age limitation.
Rural Utilities Service
rural electrification and telecommunications loans program account
For gross obligations for the principal amount of direct rural
telecommunication loans as authorized by section 306 of the Rural
Electrification Act of 1936 to respond to damage caused by hurricanes
that occurred during the 2005 calendar year, $50,000,000, as determined
by the Secretary.
For the cost of loan modifications to rural electric loans made or
guaranteed under the Rural Electrification Act of 1936 to respond to
damage caused by hurricanes that occurred during the 2005 calendar year,
$8,000,000, to remain available until expended: 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.
[[Page 119 STAT. 2747]]
Food and Nutrition Service
commodity assistance program
For an additional amount for ``Commodity Assistance Program'' for
necessary expenses related to the consequences of Hurricane Katrina,
$10,000,000, to remain available until expended, of which $6,000,000
shall be for The Emergency Food Assistance Program and $4,000,000 shall
be for the Commodity Supplemental Food Program: Provided, That
notwithstanding any other provisions of the Emergency Food Assistance
Act of 1983 (the ``Act''), the Secretary may allocate additional foods
and funds for administrative expenses from resources specifically
appropriated, transferred, or reprogrammed to restore to states
resources used to assist families and individuals displaced by the
hurricanes of calendar year 2005 among the states without regard to
sections 204 and 214 of the Act: Provided further, That such programs
may operate in any area where emergency feeding organizations develop a
program to provide temporary emergency nonprofit food service to
families and individuals displaced by the hurricanes of calendar year
2005: Provided further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
General Provisions--This Chapter
Sec. 101. Emergency Conservation Program. (a) In General.--There is
hereby appropriated $199,800,000, to remain available until expended, to
provide assistance under the emergency conservation program established
under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et
seq.) for expenses resulting from hurricanes that occurred during the
2005 calendar year.
(b) Assistance to Nursery, Oyster, and Poultry Producers.--In
carrying out this section, the Secretary shall make payments to nursery,
oyster, and poultry producers to pay for up to 90 percent of the cost of
emergency measures to rehabilitate public and private oyster reefs or
farmland damaged by hurricanes that occurred during the 2005 calendar
year, including the cost of--
(1) cleaning up structures, such as barns and poultry
houses;
(2) providing water to livestock;
(3) in the case of nursery producers, removing debris, such
as nursery structures, shade-houses, and above-ground irrigation
facilities;
(4) in the case of oyster producers, refurbishing oyster
beds; and
(5) in the case of poultry producers, removing poultry house
debris, including carcasses.
(c) Poultry Recovery Assistance.--
(1) In general.--The Secretary shall not use more than
$20,000,000 of the funds made available under this section to
provide assistance to poultry growers who suffered uninsured
losses to poultry houses in counties affected by hurricanes that
occurred during the 2005 calendar year.
[[Page 119 STAT. 2748]]
(2) Limitations.--The amount of assistance provided to a
poultry grower under this subsection may not exceed the lesser
of--
(A) 50 percent of the total costs associated with
the reconstruction or repair of a poultry house; or
(B) $50,000 for each poultry house.
(3) Limit on amount of assistance.--The total amount of
assistance provided under this subsection, and any indemnities
for losses to a poultry house paid to a poultry grower, may not
exceed 90 percent of the total costs associated with the
reconstruction or repair of a poultry house.
(d) Assistance to Private Nonindustrial Forest Landowners.--
(1) Eligibility.--To be eligible to receive a payment under
this section, a private nonindustrial forest landowner shall (as
determined by the Secretary)--
(A) have suffered a loss of, or damage to, at least
35 percent of forest acres on commercial forest land of
the forest landowner in a county affected by hurricanes
that occurred during the 2005 calendar year, or a
related condition; and
(B) during the 5-year period beginning on the date
of the loss--
(i) reforest the lost forest acres, in
accordance with a plan approved by the Secretary
that is appropriate for the forest type;
(ii) use best management practices on the
forest land of the landowner, in accordance with
the best management practices of the Secretary for
the applicable State; and
(iii) exercise good stewardship on the forest
land of the landowner, while maintaining the land
in a forested state.
(2) Program.--The Secretary shall make payments under this
subsection to private nonindustrial forest landowners to pay for
up to 75 percent of the cost of reforestation, rehabilitation,
and related measures, except that the amount of assistance
provided under this subsection shall not exceed $150 per acre.
(e) Eligibility.--Failure to comply with subtitle C of title XII of
the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) shall not prevent
an agricultural producer from receiving assistance under this section.
(f) Emergency Designation.--The amount provided under this section
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Sec. 102. Emergency Watershed Protection Program. (a) In General.--
There is hereby appropriated $300,000,000, to remain available until
expended, to provide assistance under the emergency watershed protection
program established under section 403 of the Agricultural Credit Act of
1978 (16 U.S.C. 2203) to repair damages resulting from hurricanes that
occurred during the 2005 calendar year.
(b) Assistance.--In carrying out this section, the Secretary shall
make payments to landowners and land users to pay for up to 75 percent
of the cost resulting from damage caused by
[[Page 119 STAT. 2749]]
hurricanes that occurred during the 2005 calendar year, or a related
condition, including the cost of--
(1) cleaning up structures on private land; and
(2) reimbursing private nonindustrial forest landowners for
costs associated with downed timber removal, except that the
amount of assistance provided under this paragraph shall not
exceed $150 per acre.
(c) Notwithstanding any other provision of law, the Secretary,
acting through the Natural Resources Conservation Service, using funds
made available under this section may provide financial and technical
assistance to remove and dispose of debris and animal carcasses that
could adversely affect health and safety on non-Federal land in a
hurricane-affected county.
(d) Emergency Designation.--The amount provided under this section
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Sec. 103. Notwithstanding any other provision of law, funds
appropriated under this Act to the Secretary of Agriculture may be used
to reimburse accounts of the Secretary that have been used to pay costs
incurred to respond to damage caused by hurricanes that occurred during
the 2005 calendar year if those costs could have been paid with such
appropriated funds if such costs had arisen after the date of enactment
of this Act.
Sec. 104. Funds provided for hurricanes that occurred during the
2005 calendar year under the headings, ``Rural Housing Insurance Fund''
and ``Rural Housing Assistance Grants'', may be transferred between such
accounts at the Secretary's discretion.
Sec. 105. (a) Notwithstanding any other provision of this title,
with respect to the counties affected by hurricanes in the 2005 calendar
year and for any individuals who resided in such counties at the time of
the disaster the Secretary of Agriculture may, for a 6-month period that
begins upon the date of the enactment of this Act--
(1) convert rental assistance under section 521 of the
Housing Act of 1949 (42 U.S.C. 1490a) allocated for a property
that is not decent, safe, and sanitary because of the disaster
into rural housing vouchers authorized under title V of the
Housing Act of 1949;
(2) guarantee loans under section 502(h) of the Housing Act
of 1949 (42 U.S.C. 1472(h)) to--
(A) repair and rehabilitate single-family
residences; and
(B) refinance any loan made to a single-family
resident used to acquire or construct the single-family
residence if such residence meets the requirements of
subparagraphs (A), (B), and (C) of section 502(h)(4) of
the Housing Act of 1949 (42 U.S.C. 1472(h)(4));
(3) waive the application of the rural area or similar
limitations under any program funded through an appropriations
act and administered by the Rural Development Mission Area;
(4) issue housing vouchers under section 542 of the Housing
Act of 1949 (42 U.S.C. 1490r), except that--
(A) notwithstanding the first sentence of subsection
(a) of section 542 of such Act, the Secretary may assist
low-income families and persons whose residence has
[[Page 119 STAT. 2750]]
become uninhabitable or inaccessible as a result of a
2005 hurricane; and
(B) subsection (b) of such section 542 of such Act
shall not apply;
(5) provide loans, loan guarantees and grants from the
Renewable Energy System and Energy Efficiency Improvements
Program authorized in section 9006 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8106) to any rural
business--
(A) with a cost share requirement not to exceed 50
percent;
(B) without regard to any limitation of the grant
amount; and
(C) which may include businesses processing
unsegregated solid waste and paper, as determined by the
Secretary;
(6) provide grants under the Value-added Agricultural
Product Market Development Grant Program and Rural Cooperative
Development Grant Program without regard to any grant amount
limitations or matching requirements; and
(7) provide grants under the Community Facilities Grant
Program without regard to any graduated funding requirements,
grant amount limitations or matching requirements.
(b) The funds made available under this section are designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Sec. 106. Section 759 of the Agriculture, Rural Development, Food
and Drug Administration and Related Agencies Appropriations Act,
2006 <<NOTE: Ante, p. 2158.>> (Public Law 109-97) is amended to read as
follows:
``Sec. 759. None of the funds appropriated or otherwise made
available under this or any other Act shall be used to pay the salaries
and expenses of personnel to expend more than $12,000,000 of the funds
initially made available for fiscal year 2006 by section 310(a)(2) of
the Biomass Research and Development Act of 2000 (7 U.S.C. 7624
note).''.
SEC. 107. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.
(a) Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831)
is amended by adding at the end the following:
``(k) Emergency Forestry Conservation Reserve Program.--
``(1) Definitions.--In this subsection:
``(A) Merchantable timber.--The term `merchantable
timber' means timber on private nonindustrial forest
land on which the average tree has a trunk diameter of
at least 6 inches measured at a point no less than 4.5
feet above the ground.
``(B) Private nonindustrial forest land.--The term
`private nonindustrial forest land' includes State
school trust land.
``(2) Program.--During calendar year 2006, the Secretary
shall carry out an emergency pilot program in States that the
Secretary determines have suffered damage to merchantable timber
in counties affected by hurricanes during the 2005 calendar
year.
[[Page 119 STAT. 2751]]
``(3) Eligible acreage.--
``(A) In general.--Subject to subparagraph (B) and
the availability of funds under subparagraph (G), an
owner or operator may enroll private nonindustrial
forest land in the conservation reserve under this
subsection.
``(B) Determination of damages.--Eligibility for
enrollment shall be limited to owners and operators of
private nonindustrial forest land that have experienced
a loss of 35 percent or more of merchantable timber in a
county affected by hurricanes during the 2005 calendar
year.
``(C) Exemptions.--Acreage enrolled in the
conservation reserve under this subsection shall not
count toward--
``(i) county acreage limitations described in
section 1243(b); or
``(ii) the maximum enrollment described in
subsection (d).
``(D) Duties of owners and operators.--As a
condition of entering into a contract under this
subsection, during the term of the contract, the owner
or operator of private nonindustrial forest land shall
agree--
``(i) to restore the land, through site
preparation and planting of similar species as
existing prior to hurricane damages or to the
maximum extent practicable with other native
species, as determined by the Secretary; and
``(ii) to establish temporary vegetative cover
the purpose of which is to prevent soil erosion on
the eligible acreage, as determined by the
Secretary.
``(E) Duties of the secretary.--
``(i) In general.--In return for a contract
entered into by an owner or operator of private
nonindustrial forest land under this subsection,
the Secretary shall provide, at the option of the
landowner--
``(I) notwithstanding the limitation
in section 1234(f)(1), a lump sum
payment; or
``(II) annual rental payments.
``(ii) Calculation of lump sum payment.--The
lump sum payment described in clause (i)(I) shall
be calculated using a net present value formula,
as determined by the Secretary, based on the total
amount a producer would receive over the duration
of the contract.
``(iii) Calculation of annual rental
payments.--The annual rental payment described in
clause (i)(II) shall be equal to the average
rental rate for conservation reserve contracts in
the county in which the land is located.
``(iv) Rolling signup.--The Secretary shall
offer a rolling signup for contracts under this
subsection.
``(v) Duration of contracts.--A contract
entered into under this subsection shall have a
term of 10 years.
``(F) Balance of natural resources.--In determining
the acceptability of contract offers under this
subsection, the Secretary shall consider an equitable
balance among the purposes of soil erosion prevention,
water quality
[[Page 119 STAT. 2752]]
improvement, wildlife habitat restoration, and
mitigation of economic loss.
``(G) Funding.--The Secretary shall use
$404,100,000, to remain available until expended, of
funds of the Commodity Credit Corporation to carry out
this subsection.
``(H) Determinations by secretary.--A determination
made by the Secretary under this subsection shall be
final and conclusive.
``(I) Regulations.--
``(i) In general.--Not later than 90 days
after the date of enactment of this Act, the
Secretary shall promulgate such regulations as are
necessary to implement this subsection.
``(ii) Procedure.--The promulgation of
regulations and administration of this subsection
shall be made without regard to--
``(I) the notice and comment
provisions of section 553 of title 5,
United States Code;
``(II) the Statement of Policy of
the Secretary of Agriculture effective
July 24, 1971 (36 Fed. Reg. 13804),
relating to notices of proposed
rulemaking and public participation in
rulemaking; and
``(III) chapter 35 of title 44,
United States Code (commonly known as
the `Paperwork Reduction Act').
``(iii) Congressional review of agency
rulemaking.--In carrying out this subsection, the
Secretary shall use the authority provided under
section 808 of title 5, United States Code.''.
(b) Emergency Designation.--The amount provided under this section
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
CHAPTER 2
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$29,830,000, to remain available until September 30, 2006, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$57,691,000, to remain available until September 30, 2006, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency
[[Page 119 STAT. 2753]]
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$14,193,000, to remain available until September 30, 2006, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$105,034,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$11,100,000, to remain available until September 30, 2006, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$33,015,000, to remain available until September 30, 2006, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$3,028,000, to remain available until September 30, 2006, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
[[Page 119 STAT. 2754]]
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$2,370,000, to remain available until September 30, 2006, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$220,556,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $77,718,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$156,166,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$544,690,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[[Page 119 STAT. 2755]]
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $7,343,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $554,252,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $29,027,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $16,118,000, to remain available until September 30, 2006,
for necessary expenses related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $480,084,000, to remain available until September 30, 2006,
for necessary expenses related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[[Page 119 STAT. 2756]]
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $16,331,000, to remain available until September 30,
2006, for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $2,366,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $98,855,000, to remain available until September 30,
2006, for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $48,086,000, to remain available until September 30,
2006, for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
PROCUREMENT
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,600,000, to remain available until September
30, 2008, for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[[Page 119 STAT. 2757]]
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$1,000,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$43,390,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$3,856,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $2,600,000, to remain available until September 30,
2008, for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Shipbuilding and Conversion, Navy
For an additional amount for ``Shipbuilding and Conversion, Navy'',
$1,987,000,000, to remain available until September 30, 2010, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005, 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: <<NOTE: Notification. Deadline.>> 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:
[[Page 119 STAT. 2758]]
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'',
$76,675,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$162,315,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$12,082,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $19,260,000, to remain available until September 30, 2008,
for necessary expenses related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $2,462,000, to remain available until September 30,
2007, for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the amount
provided under this heading is designated as
[[Page 119 STAT. 2759]]
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'', $6,200,000, to remain available until September
30, 2007, for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $32,720,000, to remain available until
September 30, 2007, for necessary expenses related to the consequences
of hurricanes in the Gulf of Mexico in calendar year 2005: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$7,224,000, to remain available until expended, for necessary expenses
related to the consequences of hurricanes in the Gulf of Mexico in
calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Trust Funds
surcharge collections, sales of commissary stores, defense
For an additional amount for ``Surcharge Collections, Sales of
Commissary Stores, Defense'', $44,341,000, to remain available until
expended, for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$201,550,000, of which $172,958,000 shall be for Operation and
Maintenance, and of which $28,592,000 shall be for Procurement, to
remain available until September 30, 2006, for necessary
[[Page 119 STAT. 2760]]
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: 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.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$310,000, to remain available until September 30, 2006, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
(transfer of funds)
Sec. 201. Upon his determination that such action is necessary to
ensure the appropriate allocation of funds provided in this chapter, the
Secretary of Defense may transfer up to $500,000,000 of the funds made
available to the Department of Defense in this chapter between such
appropriations: <<NOTE: Notification.>> 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 amount made
available by the transfer of the 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. 202. <<NOTE: Accumulated leave. Employment and
labor.>> Notwithstanding section 701(b) of title 10, United States Code,
the Secretary of Defense may authorize a member of the Armed Forces on
active duty who performed duties in support of disaster relief
operations in connection with hurricanes in the Gulf of Mexico in
calendar year 2005 and who, except for this section, would lose any
accumulated leave in excess of 60 days at the end of fiscal year 2005 to
retain an accumulated leave total not to exceed 120 days leave. Except
as provided in section 701(f) of title 10, United States Code, leave in
excess of 60 days accumulated under this section is lost unless used by
the member before October 1, 2007.
Sec. 203. Notwithstanding 37 U.S.C. 403(b), the Secretary of Defense
may prescribe a temporary adjustment in the geographic location rates of
the basic allowance for housing in a military housing area located
within an area declared a major disaster under the Robert T. Stafford
Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) resulting
from hurricanes in the Gulf of Mexico in calendar year 2005.
(1) Such temporary adjustment shall be based upon the
Secretary's redetermination of housing costs in an affected area
and at a rate that shall not exceed 20 percent of the current
rate for an affected area.
(2) Members in an affected military housing area must
certify that an increased housing cost above the current rate
[[Page 119 STAT. 2761]]
for an affected area has been incurred in order to be eligible
for the temporary rate adjustment.
(3) No temporary adjustment may be made after September 30,
2006. No assistance provided to individual households under this
heading may extend beyond January 1, 2007. Further, the
Secretary is authorized to reduce or eliminate any temporary
adjustment granted under paragraph (1) prior to such date as
appropriate.
Sec. 204. Funds appropriated by this chapter may be obligated and
expended notwithstanding section 504(a)(1) of the National Security Act
of 1947 (50 U.S.C. 414(a)(1)).
Sec. 205. (a) The total amount appropriated or otherwise made
available in this chapter is hereby reduced by $737,089,000.
(b) The Secretary of Defense shall allocate this reduction
proportionately to each applicable appropriation account.
(c) The reduction in subsection (a) shall not apply to budget
authority appropriated or otherwise made available to the Defense Health
Program account.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'' to expedite studies
of flood and storm damage reduction related to the consequences of
hurricanes in the Gulf of Mexico and Atlantic Ocean in 2005,
$37,300,000, to remain available until expended: Provided, That using
$10,000,000 of the funds provided, the Secretary shall conduct an
analysis and design for comprehensive improvements or modifications to
existing improvements in the coastal area of Mississippi in the interest
of hurricane and storm damage reduction, prevention of saltwater
intrusion, preservation of fish and wildlife, prevention of erosion, and
other related water resource purposes at full Federal expense: Provided
further, That the Secretary shall recommend a cost-effective project,
but shall not perform an incremental benefit-cost analysis to identify
the recommended project, and shall not make project recommendations
based upon maximizing net national economic development
benefits: <<NOTE: Deadlines.>> Provided further, That interim
recommendations for near term improvements shall be provided within 6
months of enactment of this Act with final recommendations within 24
months of enactment: Provided further, That none of the $12,000,000
provided herein for the Louisiana Hurricane Protection Study shall be
available for expenditure until the State of Louisiana establishes 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: 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.
[[Page 119 STAT. 2762]]
construction
For additional amounts for ``Construction'' to rehabilitate and
repair Corps projects related to the consequences of hurricanes in the
Gulf of Mexico and Atlantic Ocean in 2005, $101,417,000, 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 (109 Congress), the concurrent resolution on the
budget for fiscal year 2006.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For an additional amount for ``Flood Control, Mississippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee'' to cover the additional costs of mat laying
and other repairs to the Mississippi River channel and associated levee
repairs related to the consequences of hurricanes in the Gulf of Mexico
in 2005, $153,750,000, 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.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' to dredge
navigation channels and repair other Corps projects related to the
consequences of hurricanes in the Gulf of Mexico and Atlantic Ocean in
2005, $327,517,000, to remain available until expended: Provided, That
$75,000,000 of this amount shall be used for authorized operation and
maintenance activities along the Mississippi River-Gulf Outlet channel:
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.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Flood Control Act of
August 18, 1941, as amended (33 U.S.C. 701n), for emergency response to
and recovery from coastal storm damages and flooding related to the
consequences of hurricanes in the Gulf of Mexico and Atlantic Ocean in
2005, $2,277,965,000, to remain available until expended: Provided, That
in using the funds appropriated for construction related to Hurricane
Katrina in the areas covered by the disaster declaration made by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Public Law 93-288, 88 Stat. 143, as amended (42 U.S.C.
5121 et seq.), the Secretary of the Army, acting through the Chief of
Engineers, is directed to restore the flood damage reduction and
hurricane and storm damage reduction projects, and related works, to
provide the level of protection for which they were designed, at full
Federal expense: Provided further, That $75,000,000 of this amount shall
be used to accelerate completion of unconstructed portions of authorized
projects in the State of Mississippi along the Mississippi Gulf
[[Page 119 STAT. 2763]]
Coast at full Federal expense: Provided further, That $544,460,000 of
this amount shall be used to accelerate completion of unconstructed
portions of authorized hurricane, storm damage reduction and flood
control projects in the greater New Orleans and south Louisiana area at
full Federal expense: Provided further, That $70,000,000 of this amount
shall be available to prepare for flood, hurricane and other natural
disasters and support emergency operations, repair and other activities
in response to flood and hurricane emergencies as 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.
general expenses
For an additional amount for ``General Expenses'' for increased
efforts by the Mississippi Valley Division to oversee emergency response
and recovery activities related to the consequences of hurricanes in the
Gulf of Mexico in 2005, $1,600,000, 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 4
DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'' to repair and
replace critical equipment and property damaged by hurricanes and other
natural disasters, $24,100,000: 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.
construction
For an additional amount for ``Construction'' to rebuild and repair
structures damaged by hurricanes and other natural disasters,
$10,400,000, 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.
Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'' to repair and
replace critical equipment and property damaged by hurricanes and other
natural disasters, $13,000,000: Provided, That the amount provided under
this heading is designated as an emergency
[[Page 119 STAT. 2764]]
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
For an additional amount for ``Operating Expenses'' for necessary
expenses related to the consequences of hurricanes and other natural
disasters, $132,000,000, to remain available until expended, of which up
to $400,000 may be transferred to ``Environmental Compliance and
Restoration'' to be used for environmental cleanup and restoration of
Coast Guard facilities; and of which up to $525,000 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
hurricanes and other natural disasters, $74,500,000, to remain available
until expended, for major repair and reconstruction projects and for
vessels currently under construction: Provided, That such amounts shall
also be available for expenses to replace destroyed or damaged
equipment; prepare and recover United States Coast Guard vessels under
contract; reimburse for delay, loss of efficiency and disruption, and
other related costs; make equitable adjustments and provisional payments
to contracts for Coast Guard vessels for which funds have been
previously appropriated: 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.
United States Secret Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
equipment, vehicle replacement, and personnel relocation due to the
consequences of hurricanes and other natural disasters, $3,600,000:
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.
Office for Domestic Preparedness
state and local programs
For an additional amount for ``State and Local Programs'' for
equipment replacement related to hurricanes and other natural disasters,
$10,300,000: Provided, That the amount provided under
[[Page 119 STAT. 2765]]
this heading is designated as 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 hurricanes and other
natural disasters, $17,200,000, 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.
disaster relief
(transfer of funds)
In addition, of the amounts appropriated under this heading in
Public Law 109-62, $1,500,000 shall be transferred to the ``Disaster
Assistance Direct Loan Program Account'' for administrative expenses to
carry out the direct loan program, as authorized by section 417 of the
Stafford Act: 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. 401. <<NOTE: Accumulated leave. Employment and
labor.>> Notwithstanding 10 U.S.C. 701(b), the Secretary of the
Department of Homeland Security may authorize a member on active duty
who performed duties in support of Hurricanes Katrina or Rita disaster
relief operations and who, except for this section, would lose any
accumulated leave in excess of 60 days at the end of fiscal year 2005,
to retain an accumulated leave total not to exceed 120 days leave. Leave
in excess of 60 days accumulated under this section is lost unless it is
used by the member before October 1, 2007.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'' for response, cleanup,
recovery, repair and reconstruction expenses related to hurricanes in
the Gulf of Mexico in calendar year 2005, $30,000,000, 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.
[[Page 119 STAT. 2766]]
National Park Service
construction
For an additional amount for ``Construction'' for response, cleanup,
recovery, repair and reconstruction expenses related to hurricanes in
the Gulf of Mexico in calendar year 2005, $19,000,000, 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.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005 and for repayment
of advances to other appropriation accounts from which funds were
transferred for such purposes, $5,300,000, 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.
Minerals Management Service
royalty and offshore minerals management
For an additional amount for ``Royalty and Offshore Minerals
Management'', for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005 and for repayment
of advances to other appropriation accounts from which funds were
transferred for such purposes, $16,000,000, 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.
ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Program
For an additional amount for ``Leaking Underground Storage Tank
Program'', not to exceed $85,000 per project, $8,000,000, to remain
available until expended, for necessary expenses related to the
consequences of hurricanes in the Gulf of Mexico in calendar year 2005:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
[[Page 119 STAT. 2767]]
DEPARTMENT OF AGRICULTURE
Forest Service
state and private forestry
For an additional amount for ``State and Private Forestry'',
$30,000,000, to remain available until expended, for necessary expenses
related to the consequences of hurricanes in the Gulf of Mexico in
calendar year 2005: Provided, That the amount provided under this
heading is designated as 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 forest system
For an additional amount for ``National Forest System'',
$20,000,000, to remain available until expended, for necessary expenses,
including hazardous fuels reduction, related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $7,000,000, to remain available until expended, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 6
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services'' to
award national emergency grants under section 173 of the Workforce
Investment Act of 1998 related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005, $125,000,000, to remain available
until June 30, 2006: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006: Provided further, That these sums may
be used to replace grant funds previously obligated to the impacted
areas.
[[Page 119 STAT. 2768]]
state unemployment insurance and employment service operations
Funds provided under this heading in Public Law 108-447 which have
been allocated to the States of Alabama, Louisiana, and Mississippi for
activities authorized by title III of the Social Security Act, as
amended, shall remain available for obligation by such States through
September 30, 2006, except that funds used for automation by such States
shall remain available through September 30, 2008.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
social services block grant
For an additional amount for ``Social Services Block Grant'',
$550,000,000, for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005, notwithstanding
section 2003 and paragraphs (1) and (4) of section 2005(a) of the Social
Security Act (42 U.S.C. 1397b and 1397d(a)): Provided, That in addition
to other uses permitted by title XX of the Social Security Act, funds
appropriated under this heading may be used for health services
(including mental health services) and for repair, renovation and
construction of health facilities (including mental health facilities):
Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $90,000,000, for Head Start to serve children displaced by
hurricanes in the Gulf of Mexico in calendar year 2005, notwithstanding
sections 640(a)(1) and 640(g)(1) of the Head Start Act, and to cover the
costs of renovating those Head Start facilities which were affected by
these hurricanes, to the extent reimbursements from FEMA and insurance
companies do not fully cover such costs: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF EDUCATION
For assisting in meeting the educational needs of individuals
affected by hurricanes in the Gulf of Mexico in calendar year 2005,
$1,600,000,000, to remain available through September 30, 2006, of which
$750,000,000 shall be available to State educational agencies until
expended to carry out section 102 of title IV, division B of this Act,
$5,000,000 shall be available to carry out section 106 of title IV,
division B of this Act, $645,000,000 shall be available to carry out
section 107 of title IV, division B of this Act, and $200,000,000 shall
be available to provide assistance under the programs authorized by
subparts 3 and 4 of part A, part C of title IV, and part B of title VII
of the Higher Education Act of 1965, for students attending institutions
of higher education (as
[[Page 119 STAT. 2769]]
defined in section 102 of that Act) that are located in an area in which
a major disaster has been declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act related
to hurricanes in the Gulf of Mexico in calendar year 2005 and who
qualify for assistance under subparts 3 and 4 of part A and part C of
title IV of the Higher Education Act of 1965, to provide emergency
assistance based on demonstrated need to institutions of higher
education that are located in an area affected by hurricanes in the Gulf
of Mexico in calendar year 2005 and were forced to close, relocate or
significantly curtail their activities as a result of damage directly
sustained by such hurricanes, and to provide payments to institutions of
higher education to help defray the unexpected expenses associated with
enrolling displaced students from institutions of higher education at
which operations have been disrupted due to hurricanes in the Gulf of
Mexico in calendar year 2005: Provided, That of the $200,000,000
described in the preceding proviso, $95,000,000 shall be for the
Mississippi Institutes of Higher Learning to provide assistance under
such title IV programs, notwithstanding any requirements relating to
matching, Federal share, reservation of funds, or maintenance of effort
that would otherwise be applicable to that assistance; $95,000,000 shall
be for the Louisiana Board of Regents to provide emergency assistance
based on demonstrated need under part B of title VII of the Higher
Education Act of 1965, which may be used for student financial
assistance, faculty and staff salaries, equipment and instruments, or
any purpose authorized under the Higher Education Act of 1965, to
institutions of higher education that are located in an area affected by
hurricanes in the Gulf of Mexico in calendar year 2005; and $10,000,000
shall be available to the Secretary of Education for such payments to
institutions of higher education to help defray the unexpected expenses
associated with enrolling displaced students from institutions of higher
education directly affected by hurricanes in the Gulf of Mexico in
calendar year 2005, in accordance with criteria as are established by
the Secretary and made publicly available without regard to section 437
of the General Education Provisions Act or section 553 of title 5,
United States Code: Provided further, That the amounts provided in this
paragraph are designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
CHAPTER 7
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $291,219,000, to remain available until September 30,
2010, for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That such funds
may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided further,
That the amount provided under this heading is designated as an
emergency requirement pursuant to
[[Page 119 STAT. 2770]]
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$52,612,000, to remain available until September 30, 2010, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That such funds may be obligated or
expended for planning and design and military construction projects not
otherwise authorized by law: 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'', $45,000,000, to remain available until September 30, 2010, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That such funds may be
obligated or expended for planning and design and military construction
projects not otherwise authorized by law: 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
For an additional amount for ``Military Construction, Army National
Guard'', $374,300,000, for necessary expenses related to the
consequences of hurricanes in the Gulf of Mexico in calendar year 2005:
Provided, That such funds may be obligated or expended for planning and
design and military construction projects not 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 National Guard
For an additional amount for ``Military Construction, Air National
Guard'', $35,000,000, to remain available until September 30, 2010, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That such funds may be
obligated or expended for planning and design and military construction
projects not otherwise authorized by law: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[[Page 119 STAT. 2771]]
Military Construction, Naval Reserve
For an additional amount for ``Military Construction, Naval
Reserve'', $120,132,000, for necessary expenses related to the
consequences of hurricanes in the Gulf of Mexico in calendar year 2005:
Provided, That such funds may be obligated or expended for planning and
design and military construction projects not otherwise authorized by
law: Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
FAMILY HOUSING
Family Housing Construction, Navy and Marine Corps
For an additional amount for ``Family Housing Construction, Navy and
Marine Corps'', $86,165,000, to remain available until September 30,
2010, for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That such funds
may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided further,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Family Housing Operation and Maintenance, Navy and Marine Corps
For an additional amount for ``Family Housing Operation and
Maintenance, Navy and Marine Corps'', $48,889,000, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005, to remain available until 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.
Family Housing Construction, Air Force
For an additional amount for ``Family Housing Construction, Air
Force'', $278,000,000, to remain available until September 30, 2010, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That such funds may be
obligated or expended for planning and design and military construction
projects not otherwise authorized by law: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Family Housing Operation and Maintenance, Air Force
For an additional amount for ``Family Housing Operation and
Maintenance, Air Force'', $47,019,000, to remain available until
September 30, 2007, for necessary expenses related to the consequences
of hurricanes in the Gulf of Mexico in calendar year
[[Page 119 STAT. 2772]]
2005: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $198,265,000, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Departmental Administration
general operating expenses
For an additional amount for ``General Operating Expenses'',
$24,871,000, for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
national cemetery administration
For an additional amount for ``National Cemetery Administration'',
$200,000, for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
construction, major projects
For an additional amount for ``Construction, Major Projects'',
$367,500,000, to remain available until expended, for necessary expenses
related to the consequences of hurricanes in the Gulf of Mexico in
calendar year 2005: Provided, That the amount provided under this
heading is designated as 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, minor projects
For an additional amount for ``Construction, Minor Projects,''
$1,800,000, to remain available until expended, for necessary expenses
related to the consequences of hurricanes in the Gulf of Mexico in
calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
[[Page 119 STAT. 2773]]
RELATED AGENCY
Armed Forces Retirement Home
For payment to the ``Armed Forces Retirement Home'' for necessary
expenses related to the consequences of Hurricane Katrina, $65,800,000,
to remain available until expended: Provided, That of the amount
provided, $45,000,000 shall be available for the Armed Forces Retirement
Home, Gulfport, Mississippi: Provided further, That of the amount
provided, $20,800,000 shall be available for the Armed Forces Retirement
Home, Washington, DC: Provided further, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
GENERAL <<NOTE: Veterans.>> PROVISIONS--THIS CHAPTER
Sec. 701. The limitation of Federal contribution established under
section 18236(b) of title 10 is hereby waived for projects appropriated
in this chapter.
Sec. 702. <<NOTE: Real property. Reversionary interest. 10 USC 5013
note.>> For any real property expressly granted to the United States
since January 1, 1980 for use as or in connection with a Navy homeport
subject to a reversionary interest retained by the grantor and serving
as the site of or being used by a naval station subsequently closed or
realigned pursuant to the Defense Base Closure and Realignment Act of
1990 as amended, the right of the United States to any consideration or
repayment for the fair market value of the real property as improved
shall be released, relinquished, waived, <<NOTE: Contracts.>> or
otherwise permanently extinguished. The Secretary shall execute such
written agreements as may be needed to facilitate the reversion and
transfer all right, title, and interest of the United States in any real
property described in this section, including the improvements thereon,
for no consideration to the reversionary interest holder as soon as
practicable after the naval station is closed or realigned. This
agreement shall not require the reversionary interest holder to assume
any environmental liabilities of the United States or relieve the United
States from any responsibilities for environmental remediation that it
may have incurred as a result of federal ownership or use of the real
property.
Sec. 703. (a) Notwithstanding 38 U.S.C. 2102, the Secretary of
Veterans Affairs may make a grant to a veteran whose home was previously
adapted with the assistance of a grant under chapter 21 of title 38,
United States Code, in the event the adapted home which was being used
and occupied by the veteran was destroyed or substantially damaged in
the declared disaster areas as a result of hurricanes in the Gulf of
Mexico in calendar year 2005, as determined by the President under the
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
The grant is available to acquire a suitable housing unit with special
fixtures or moveable facilities made necessary by the veteran's
disability, and necessary land therefor. <<NOTE: Expiration date.>> This
authority expires on September 30, 2006: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
(b) The amount of the grant authorized by this subsection may not
exceed the lesser of--
[[Page 119 STAT. 2774]]
(1) the reasonable cost, as determined by the Secretary of
Veterans Affairs, of repairing or replacing the adapted home in
excess of the available insurance coverage on the damaged or
destroyed home; or
(2) the maximum grant to which the veteran would have been
entitled under 38 U.S.C. 2102 (a) or (b) had the veteran not
obtained the prior grant.
Sec. 704. In any case where the Secretary of Veterans Affairs
determines that a veteran described in 38 U.S.C. 3108(a)(2) has been
displaced as the result of hurricanes in the Gulf of Mexico in calendar
year 2005, from the disaster area, as determined by the President under
the Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), the Secretary may extend the payment of subsistence allowance
authorized by such paragraph for up to an additional two months while
the veteran is satisfactorily following such program
of <<NOTE: Expiration date.>> employment services. This authority
expires on September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Sec. 705. The annual limitation contained in 38 U.S.C. 3120(e) shall
not apply in any case where the Secretary of Veterans Affairs determines
that a veteran described in 38 U.S.C. 3120(b) has been displaced as the
result of, or has otherwise been adversely affected in the areas covered
by hurricanes in the Gulf of Mexico in calendar year 2005, as determined
by the President under the Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.). This <<NOTE: Expiration date.>> authority
expires on September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Sec. 706. Notwithstanding 38 U.S.C. 3903(a), the Secretary of
Veterans Affairs may provide or assist in providing an eligible person
with a second automobile or other conveyance under the provisions of
chapter 39 of title 38 United States Code, if the Secretary receives
satisfactory evidence that the automobile or other conveyance previously
purchased with assistance under such chapter was destroyed as a result
of hurricanes in the Gulf of Mexico in calendar year 2005, and through
no fault of the eligible person: Provided, That that person does not
otherwise receive from a property insurer <<NOTE: Expiration
date.>> compensation for the loss. This authority expires on September
30, 2006: Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
CHAPTER 8
DEPARTMENT OF JUSTICE
Legal Activities
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $9,000,000, for necessary expenses related to the
consequences of hurricanes in the Gulf of Mexico in calendar
[[Page 119 STAT. 2775]]
year 2005: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $9,000,000,
for necessary expenses related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $45,000,000,
for necessary expenses related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $10,000,000,
for necessary expenses related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $20,000,000,
for necessary expenses related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$11,000,000, to remain available until expended, for necessary
[[Page 119 STAT. 2776]]
expenses related to the consequences of hurricanes in the Gulf of Mexico
in calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $125,000,000, for necessary expenses related to the direct
or indirect consequences of hurricanes in the Gulf of Mexico in calendar
year 2005, to remain available until expended: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006: Provided
further, That the Attorney General shall consult with the Committee on
Appropriations of the Senate and the Committee on Appropriations of the
House of Representatives on the allocation of funds prior to
expenditure.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $17,200,000, to remain available until expended, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as 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'', $37,400,000, to remain available until expended, for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
National Aeronautics and Space Administration
exploration capabilities
For an additional amount for ``Exploration Capabilities'',
$349,800,000, to remain available until expended, for necessary expenses
related to the consequences of hurricanes in the Gulf of Mexico in
calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
[[Page 119 STAT. 2777]]
Small Business Administration
office of inspector general
For an additional amount for the ``Office of Inspector General'' for
necessary expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005, $5,000,000, to remain available until
expended: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
disaster loans program account
(including transfer of funds)
For an additional amount for the ``Disaster Loans Program Account''
authorized by section 7(b) of the Small Business Act, for necessary
expenses related to hurricanes in the Gulf of Mexico in calendar year
2005 and other natural disasters, $264,500,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program authorized by section 7(b), $176,500,000, to remain
available until expended, which may be transferred to and merged with
``Salaries and Expenses'': Provided, That the amounts provided under
this heading are designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006: Provided further, That no
funds shall be transferred to the appropriation for ``Salaries and
Expenses'' for indirect administrative expenses.
GENERAL PROVISIONS--THIS CHAPTER
(including transfer of funds)
Sec. 801. <<NOTE: Manufacturers.>> Of the unobligated balances
available under ``National Institute of Standards and Technology,
Industrial Technology Services'' for the Hollings Manufacturing
Extension Partnership Program, $4,500,000 shall be used to assist
manufacturers recovering from hurricanes in the Gulf of Mexico in
calendar year 2005: Provided, That only Manufacturing Extension Centers
in States affected by hurricanes in the Gulf of Mexico in calendar year
2005 shall be eligible for hurricane recovery assistance funds: Provided
further, That these funds shall be allocated to the Manufacturing
Extension Centers in these States based on an assessment of the needs of
manufacturers in the counties declared a disaster by the Federal
Emergency Management Agency: Provided further, That employment and
productivity shall be among the metrics used in developing the needs
assessment: Provided further, That the matching provisions of 15 U.S.C.
278(k) paragraph (c) shall not apply to amounts provided by this Act or
by Public Law 109-108 to Manufacturing Extension Centers serving areas
affected by hurricanes in the Gulf of Mexico in calendar year 2005.
Sec. 802. The Attorney General shall transfer to the ``Narrowband
Communications/Integrated Wireless Network'' account all funds made
available in this Act to the Department of Justice for the purchase of
portable and mobile radios and related
[[Page 119 STAT. 2778]]
infrastructure. Any transfer made under this section shall be subject to
section 605 of Public Law 109-108.
CHAPTER 9
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
facilities and equipment
(airport and airway trust fund)
For an additional amount for ``Facilities and equipment'',
$40,600,000, to be derived from the Airport and Airway Trust Fund and to
remain available until expended, for necessary expenses related to the
consequences of hurricanes in the Gulf of Mexico during calendar year
2005: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Federal Highway Administration
emergency relief program
For an additional amount for ``Emergency relief program'' as
authorized under 23 U.S.C. 125, $2,750,000,000, to remain available
until expended, for necessary expenses related to the consequences of
Hurricanes Katrina, Rita, and Wilma: Provided, That of the funds
provided herein, up to $629,000,000 shall be available to repair and
reconstruct the I-10 bridge spanning New Orleans and Slidell, Louisiana
in accordance with current design standards as contained in 23 U.S.C.
125: Provided further, That notwithstanding 23 U.S.C. 120(e) and from
funds provided herein, the Federal share for all projects for repairs or
reconstruction of highways, roads, bridges, and trails to respond to
damage caused by Hurricanes Katrina, Rita,
and <<NOTE: California.>> Wilma shall be 100 percent: Provided further,
That notwithstanding 23 U.S.C. 125(d)(1), the Secretary of
Transportation may obligate more than $100,000,000 for such projects in
a State in a fiscal year, to respond to damage caused by Hurricanes
Dennis, Katrina, Rita or Wilma and by the 2004-2005 winter storms in the
State of California: Provided further, That any amounts in excess of
those necessary for emergency expenses relating to the above hurricanes
may be used for other projects authorized under 23 U.S.C. 125: Provided
further, That such amounts as may be necessary but not to exceed
$550,000,000 may be made available promptly from the funds provided
herein to pay for other projects authorized under 23 U.S.C. 125 arising
from natural disasters or catastrophic failures from external causes
that occurred prior to Hurricane Wilma and that are ready to proceed to
construction or are eligible for reimbursement: Provided further, That
the amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[[Page 119 STAT. 2779]]
Maritime Administration
operations and training
For an additional amount for ``Operations and training'',
$7,500,000, to remain available until September 30, 2007, for necessary
expenses related to the consequences of hurricanes in the Gulf of Mexico
during calendar year 2005: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For <<NOTE: Vouchers.>> an additional amount for housing vouchers
for households within the area declared a major disaster under the
Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et
seq.) resulting from hurricanes in the Gulf of Mexico during calendar
year 2005, $390,299,500, to remain available until September 30, 2007:
Provided, That such households shall be limited to those which, prior to
Hurricanes Katrina or Rita, received assistance under section 8 or 9 of
the United States Housing Act of 1937 (Public Law 93-383), section 801
or 811 of the Cranston-Gonzalez National Affordable Housing Act (Public
Law 101-625), the AIDS Housing Opportunity Act (Public Law 101-625), or
the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77); or
those which were homeless or in emergency shelters in the declared
disaster area prior to Hurricanes Katrina or Rita: Provided further,
That these funds are available for assistance, under section 8(o) of the
United States Housing Act of 1937: Provided further, That in
administering assistance under this heading the Secretary of Housing and
Urban Development may waive requirements for income eligibility and
tenant contribution under section 8 of such Act for up to 18 months:
Provided further, That all households receiving housing vouchers under
this heading shall be eligible to reoccupy their previous assisted
housing, if and when it becomes available: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Community Planning and Development
community development fund
For an additional amount for the ``Community development fund'', for
necessary expenses related to disaster relief, long-term recovery, and
restoration of infrastructure in the most impacted and distressed areas
related to the consequences of hurricanes in the Gulf of Mexico in 2005
in States for which the President declared a major disaster under title
IV of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) in conjunction with Hurricane Katrina,
Rita, or Wilma, $11,500,000,000, to remain available until expended, for
activities
[[Page 119 STAT. 2780]]
authorized under title I of the Housing and Community Development Act of
1974 (Public Law 93-383): Provided, That no State shall receive more
than 54 percent of the amount provided under this heading: Provided
further, That funds provided under this heading shall be administered
through an entity or entities 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 Louisiana and Mississippi may each use up to $20,000,000 (with up
to $400,000 each for technical assistance) from funds made available
under this heading for LISC and the Enterprise Foundation for activities
authorized by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), as in effect immediately before June 12, 1997, and for
activities authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, including demolition, site clearance and
remediation, and program administration: Provided further, That in
administering the funds under this heading, the Secretary of Housing and
Urban Development shall 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, as modified:
Provided further, That the Secretary may waive the requirement that
activities benefit persons of low and moderate income, except that at
least 50 percent of the funds made available under this heading must
benefit primarily persons of low and moderate income unless the
Secretary otherwise makes a finding of compelling need: <<NOTE: Federal
Register, publication. Deadline.>> 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: <<NOTE: Reports.>> 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, <<NOTE: Notification.>> 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
[[Page 119 STAT. 2781]]
heading no later than 5 days <<NOTE: Reports.>> 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 the
amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Administrative Provisions
Sec. 901. Notwithstanding provisions of the United States Housing
Act of 1937 (Public Law 93-383), in order to assist public housing
agencies located within the most heavily impacted areas of Louisiana and
Mississippi that are subject to a declaration by the President of a
major disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in connection with
Hurricane Katrina or Rita, the Secretary for calendar year 2006 may
authorize a public housing agency to combine assistance provided under
sections 9(d) and (e) of the United States Housing Act of 1937 and
assistance provided under section 8(o) of such Act, for the purpose of
facilitating the prompt, flexible and efficient use of funds provided
under these sections of the Act to assist families who were receiving
housing assistance under the Act immediately prior to Hurricane Katrina
or Rita and were displaced from their housing by the hurricanes.
Sec. 902. To the extent feasible the Secretary of Housing and Urban
Development shall preserve all housing within the area declared a major
disaster under the Robert T. Stafford Disaster Relief and Emergency Act
(42 U.S.C. 5121 et seq.) resulting from Hurricane Katrina or Rita that
received project-based assistance under section 8 or 9 of the United
States Housing Act of 1937, section 801 or 811 of the Cranston-Gonzalez
National Affordable Housing Act, the AIDS Housing Opportunity Act, or
the Stewart B. McKinney Homeless <<NOTE: Reports. Deadline.>> Assistance
Act: Provided, That the Secretary shall report to the Committees on
Appropriations on the status of all such housing, including costs
associated with any repair or rehabilitation, within 120 days of
enactment of this Act.
THE JUDICIARY
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For an additional amount for ``Salaries and expenses, Courts of
Appeals, District Courts, and Other Judicial Services'', $18,000,000, to
remain available until expended, for necessary expenses related to the
consequences of hurricanes in the Gulf of Mexico during calendar year
2005: Provided, That notwithstanding any other provision of law such
sums shall be available for transfer to accounts within the Judiciary
subject to approval of the Judiciary operating plan: Provided further,
That the amount
[[Page 119 STAT. 2782]]
provided under this heading is designated as 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 ``Federal buildings fund'',
$38,000,000, from the general fund and to remain available until
expended, for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico during calendar year 2005: Provided,
That notwithstanding 40 U.S.C. 3307, the Administrator of General
Services is authorized to proceed with repairs and alterations for those
facilities: Provided further, That the the amount provided under this
heading is designated as 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
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS PANDEMIC INFLUENZA
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
For an additional amount for the ``Office of the Secretary'',
related to the detection of and response to highly pathogenic avian
influenza, including research and development, $11,350,000, to remain
available until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Agricultural Research Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', related to
the detection of and response to highly pathogenic avian influenza,
including research and development, $7,000,000, to remain available
until September 30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
[[Page 119 STAT. 2783]]
Cooperative State Research, Education, and Extension Service
research and education activities
For an additional amount for ``Research and Education Activities'',
related to the detection of and response to highly pathogenic avian
influenza, $1,500,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', related to
the detection of and response to highly pathogenic avian influenza,
$71,500,000, to remain available until September 30, 2007: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Food and Drug Administration,
Salaries and Expenses'', to prepare for and respond to an influenza
pandemic, $20,000,000, to remain available until September 30, 2007:
Provided, That of the total amount appropriated $18,000,000 shall be for
the Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs, and $2,000,000 shall be
for other activities including the Office of the Commissioner and the
Office of Management: Provided further, That the amounts provided under
this heading are designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 2
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'' for surveillance, communication equipment, and assistance to
military partner nations in procuring protective equipment, $10,000,000:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
[[Page 119 STAT. 2784]]
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'' for
necessary expenses related to vaccine purchases, storage, expanded avian
influenza surveillance programs, equipment, essential information
management systems, and laboratory diagnostic equipment, $120,000,000:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
CHAPTER 3
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
United States Agency for International Development
child survival and health programs fund
For an additional amount for ``Child Survival and Health Programs
Fund'' for activities related to surveillance, planning, preparedness,
and response to the avian influenza virus, $75,200,000, to remain
available until expended: Provided, That funds appropriated by this
paragraph may be obligated and expended notwithstanding section 10 of
Public Law 91-672: 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
For an additional amount for ``International Disaster and Famine
Assistance'' for the pre-positioning and deployment of essential
supplies and equipment for preparedness and response to the avian
influenza virus, $56,330,000, to remain available until expended:
Provided, That funds appropriated by this paragraph may be obligated and
expended notwithstanding section 10 of Public Law 91-672: Provided
further, That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
General Provision--This Chapter
Sec. 2301. <<NOTE: Deadline. Reports.>> Within 30 days from the date
of enactment of this Act and every six months thereafter, the
Administrator of the United States Agency for International Development
shall submit to the Committees on Appropriations a report which
identifies, for all projects funded from amounts appropriated by this
Act that are administered by that agency, the following: the program
objectives for each such project, the approximate timeline for achieving
each of those objectives, the amounts obligated and expended for each
project, and the current status of program
[[Page 119 STAT. 2785]]
performance with reference to identified program objectives and the
timeline for achieving those objectives.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary and Executive Management
For an additional amount for ``Office of the Secretary and Executive
Management'', $47,283,000, to remain available until expended, for
necessary expenses to train, plan, and prepare for a potential outbreak
of highly pathogenic influenza: Provided, That these funds may be
transferred to other Department of Homeland Security appropriations
accounts in accordance with section 503 of Public Law 109-90: Provided
further, That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'' for the
detection of highly pathogenic avian influenza in wild birds, including
the investigation of morbidity and mortality events, targeted
surveillance in live wild birds, and targeted surveillance in hunter-
taken birds, $7,398,000, 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.
National Park Service
operation of the national park system
For an additional amount for ``Operation of the National Park
System'' for the detection of highly pathogenic avian influenza in wild
birds, including the investigation of morbidity and mortality events,
$525,000, to remain available until September 30, 2007: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'' for the detection of highly pathogenic avian influenza in
wild birds, including the investigation of morbidity and mortality
[[Page 119 STAT. 2786]]
events, targeted surveillance in live wild birds, and targeted
surveillance in hunter-taken birds, $3,670,000, to remain available
until September 30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
For an additional amount for ``Public Health and Social Services
Emergency Fund'' to prepare for and respond to an influenza pandemic,
including the development and purchase of vaccines, antivirals, and
necessary medical supplies, and for planning activities, $3,054,000,000,
to remain available until expended: Provided, That $350,000,000 shall be
for Upgrading State and Local Capacity and $50,000,000 shall be for
laboratory capacity and research at the Centers for Disease Control and
Prevention: Provided further, That products purchased with these funds
may, at the discretion of the Secretary, be deposited in the Strategic
National Stockpile: Provided further, That notwithstanding section
496(b) of the Public Health Service Act, funds may be used for the
construction or renovation of privately owned facilities for the
production of 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.
For an additional amount for ``Public Health and Social Services
Emergency Fund'' for activities related to pandemic influenza, including
international activities and activities in foreign countries, related to
preparedness planning, enhancing the pandemic influenza regulatory
science base, accelerating pandemic influenza disease surveillance,
developing registries to monitor influenza vaccine distribution and use,
and supporting pandemic influenza research, clinical trials and clinical
trials infrastructure, $246,000,000, of which $150,000,000, to remain
available until expended, shall be for the Centers for Disease Control
and Prevention to carry out global and domestic disease surveillance,
laboratory diagnostics, rapid response, and quarantine: Provided, That
funds appropriated herein and not specifically designated under this
heading may be transferred to other appropriation accounts of the
Department
[[Page 119 STAT. 2787]]
of Health and Human Services, as determined by the Secretary to be
appropriate, to be used for the purposes specified in this sentence:
Provided further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
CHAPTER 7
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'' for enhanced avian
influenza surveillance programs, planning functions and preparations for
the pandemic and to establish real-time surveillance data exchange with
the Centers for Disease Control and Prevention, $27,000,000: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
CHAPTER 8
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'' to
support avian influenza country coordination, development of an avian
influenza response plan, diplomatic outreach, and health support of
United States Government employees, Peace Corps volunteers, and eligible
family members stationed abroad, $16,000,000, to remain available until
expended, of which $1,100,000 shall be transferred to and merged with
appropriations for the Peace Corps: Provided, That funds appropriated by
this paragraph may be obligated and expended notwithstanding section 15
of the State Department Basic Authorities Act of 1956: Provided further,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
emergencies in the diplomatic and consular service
For an additional amount for ``Emergencies in the Diplomatic and
Consular Service'' for emergency evacuation support of United States
Government personnel, Peace Corps volunteers, and dependents in regions
affected by the avian influenza, $15,000,000, to remain available until
expended: Provided, That funds appropriated by this paragraph may be
obligated and expended notwithstanding
[[Page 119 STAT. 2788]]
section 15 of the State Department Basic Authorities Act of 1956:
Provided further, That notwithstanding section 402 of Public Law 109-
108, upon a determination by the Secretary of State that circumstances
related to the avian influenza require additional funding for activities
under this heading, the Secretary of State may transfer such amounts to
``Emergencies in the Diplomatic and Consular Service'' from available
appropriations for the current fiscal year for the Department of State
as may be necessary to respond to such
circumstances: <<NOTE: Notification. Deadline.>> Provided further, That
any transfer pursuant to the previous proviso shall be treated as a
reprogramming of funds under section 605 of Public Law 109-108 and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in that section, except that the Committees on
Appropriations shall be notified not less than 5 days in advance of any
such reprogramming: Provided further, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
TITLE III
RESCISSIONS AND OFFSETS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
conservation operations
(rescission)
Of the unobligated balances available under this heading,
$10,000,000 are rescinded: Provided, That funds for projects or
activities identified in the Statement of Managers that accompanies
House Report 109-255, pages 84 through 87, shall not be reduced due to
such rescission.
Rural Utilities Service
distance learning, telemedicine, and broadband program
(rescission)
Of the unobligated balances available under this heading, $9,900,000
are rescinded.
Food and Nutrition Service
food stamp program
(rescission)
Of unobligated balances available under this heading of funds
provided pursuant to section 16(h)(1)(A) of the Food Stamp Act of 1977,
$11,200,000 are rescinded.
[[Page 119 STAT. 2789]]
Foreign Agricultural Service
public law 480 title i ocean freight differential grants
(rescission)
Of the unobligated balances available under this heading,
$35,000,000 are rescinded.
CHAPTER 2
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Disposal of Department of Defense Real Property
(rescission)
Of the unobligated balances available under this heading,
$45,000,000 are rescinded.
Lease of Department of Defense Real Property
(rescission)
Of the unobligated balances available under this heading,
$30,000,000 are rescinded.
Overseas Military Facility Investment Recovery
(rescission)
Of the unobligated balances available under this heading, $5,000,000
are rescinded.
CHAPTER 3
EXPORT-IMPORT BANK OF THE UNITED STATES
Subsidy Appropriation
(rescission)
Of the unobligated balances available under this heading in Public
Law 109-102 and Public Law 108-447, $25,000,000 are rescinded.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
United States Coast Guard
operating expenses
(rescission of funds)
Of the funds appropriated under this heading in Public Law 109-90,
$260,533,000 are rescinded.
[[Page 119 STAT. 2790]]
Federal Emergency Management Agency
disaster relief
(rescission of funds)
Of the funds appropriated under this heading in Public Law 109-62,
$23,409,300,000 are rescinded.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(rescission)
Of the unobligated balances available under this heading, $500,000
are rescinded.
United States Fish and Wildlife Service
landowner incentive program
(rescission)
Of the unobligated balances available under this heading, $2,000,000
are rescinded.
cooperative endangered species conservation fund
(rescission)
Of the unobligated balances available under this heading, $1,000,000
are rescinded.
CHAPTER 6
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
(rescission)
Of the unobligated balances available under this heading, $7,000,000
are rescinded.
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(rescission)
Of the unobligated balances available under this heading,
$10,000,000 are rescinded.
[[Page 119 STAT. 2791]]
embassy security, construction, and maintenance
(rescission)
Of the unobligated balances available under this heading,
$20,000,000 are rescinded.
CHAPTER 7
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
federal-aid highways
(highway trust fund)
(rescission)
Of the unobligated balances of funds apportioned to each State under
chapter 1 of title 23, United States Code, $1,143,000,000 are rescinded:
Provided, That such rescission shall not apply to the funds distributed
in accordance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as in effect
prior to the date of enactment of Public Law 109-59, the first sentence
of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23 U.S.C. 163 as in
effect prior to the enactment of Public Law 109-59.
Federal Railroad Administration
efficiency incentive grants to the national railroad passenger
corporation
(rescission)
Of the unobligated balances of amounts made available under this
heading in Public Law 109-115, $8,300,000 are rescinded: Provided, That
section 135 of title I of division A of Public Law 109-115 <<NOTE: Ante,
p. 2416.>> is repealed.
CHAPTER 8
GOVERNMENT-WIDE RESCISSIONS
Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 1 percent of--
(1) the budget authority provided (or obligation limit
imposed) for fiscal year 2006 for any discretionary account of
this Act and in any other fiscal year 2006 appropriation Act;
(2) the budget authority provided in any advance
appropriation for fiscal year 2006 for any discretionary account
in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2006 for
any program subject to limitation contained in any fiscal year
2006 appropriation Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
[[Page 119 STAT. 2792]]
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation Acts, as
delineated in the most recently submitted President's budget).
(c) Exceptions.--This section shall not apply--
(1) to discretionary budget authority that has been
designated pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006; or
(2) to discretionary authority appropriated or otherwise
made available to the Department of Veterans Affairs.
(d) <<NOTE: Deadline.>> OMB Report.--Within 30 days after the date
of the enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a report specifying the
account and amount of each rescission made pursuant to this section.
TITLE IV--HURRICANE EDUCATION RECOVERY ACT
Subtitle A--Elementary and Secondary Education Hurricane Relief
SEC. 101. FINDINGS; DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) Hurricane Katrina and Hurricane Rita have had a
devastating and unprecedented impact on students who attended
schools in the disaster areas.
(2) Due to the devastating effects of Hurricane Katrina and
Hurricane Rita, a significant number of students have enrolled
in schools outside of the area in which they resided, including
a significant number of students who enrolled in non-public
schools because their parents chose to enroll them in such
schools.
(3) 372,000 students were displaced by Hurricane Katrina.
Approximately 700 schools have been damaged or destroyed. Nine
States each have more than 1,000 of such displaced students
enrolled in their schools. In Texas alone, over 45,000 displaced
students have enrolled in schools.
(4) In response to these extraordinary conditions, this
subtitle creates a one-time only emergency grant for the 2005-
2006 school year tailored to the needs and particular
circumstances of students displaced by Hurricane Katrina and
Hurricane Rita.
(5) The level and type of assistance provided under this
subtitle, both for students attending public schools and
students attending non-public schools, is made available solely
because of the unprecedented nature of the crisis, the massive
dislocation of students, and the short duration of the services
or assistance.
[[Page 119 STAT. 2793]]
(b) Definitions.--Unless otherwise specified in this subtitle, the
terms used in this subtitle have the meanings given the terms in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 102. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.
(a) Purpose.--It is the purpose of this section--
(1) to provide immediate services or assistance to local
educational agencies and non-public schools in Louisiana,
Mississippi, Alabama, and Texas that serve an area in which a
major disaster has been declared in accordance with section 401
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina or
Hurricane Rita; and
(2) to assist school administrators and personnel of such
agencies or non-public schools with expenses related to the
restart of operations in, the re-opening of, and the re-
enrollment of students in, elementary schools and secondary
schools in such areas.
(b) Payments Authorized.--From amounts appropriated to carry out
this subtitle, the Secretary of Education is authorized to make
payments, on such basis as the Secretary determines appropriate, taking
into consideration the number of students who were enrolled, during the
2004-2005 school year, in elementary schools and secondary schools that
were closed on September 12, 2005, as a result of Hurricane Katrina or
on October 7, 2005, as a result of Hurricane Rita, to State educational
agencies in Louisiana, Mississippi, Alabama, and Texas to enable such
agencies to provide services or assistance to local educational agencies
or non-public schools serving an area in which a major disaster has been
declared in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related
to Hurricane Katrina or Hurricane Rita.
(c) Eligibility, Consideration, and Equity.--
(1) Eligibility and consideration.--From the payment
provided by the Secretary of Education under subsection (b), the
State educational agency shall provide services and assistance
to local educational agencies and non-public schools, consistent
with the provisions of this section. In determining the amount
to be provided for services or assistance under this section,
the State educational agency shall consider the following:
(A) The number of school-aged children served by the
local educational agency or non-public school in the
academic year preceding the academic year for which the
services or assistance are provided.
(B) The severity of the impact of Hurricane Katrina
or Hurricane Rita on the local educational agency or
non-public school and the extent of the needs in each
local educational agency or non-public school in
Louisiana, Mississippi, Alabama, and Texas that is in an
area in which a major disaster has been declared in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), related to Hurricane Katrina or Hurricane Rita.
(2) Equity.--Educational services and assistance provided
for eligible non-public school students under paragraph (1)
shall
[[Page 119 STAT. 2794]]
be equitable in comparison to the educational services and other
benefits provided for public school students under this section,
and shall be provided in a timely manner.
(d) Applications.--Each local educational agency or non-public
school desiring services or assistance under this section shall submit
an application to the State educational agency at such time, in such
manner, and accompanied by such information as the State educational
agency may reasonably require to ensure expedited and timely provision
of services or assistance to the local educational agency or non-public
school.
(e) Uses of Funds.--
(1) In general.--A local educational agency or non-public
school receiving services or assistance from the State
educational agency under this section shall use such services or
assistance for--
(A) recovery of student and personnel data, and
other electronic information;
(B) replacement of school district information
systems, including hardware and software;
(C) financial operations;
(D) reasonable transportation costs;
(E) rental of mobile educational units and leasing
of neutral sites or spaces;
(F) initial replacement of instructional materials
and equipment, including textbooks;
(G) redeveloping instructional plans, including
curriculum development;
(H) initiating and maintaining education and support
services; and
(I) such other activities related to the purpose of
this section that are approved by the Secretary.
(2) Use with other available funds.--A local educational
agency or non-public school receiving services or assistance
under this section may use such services or assistance in
coordination with other Federal, State, or local funds available
for the activities described in paragraph (1).
(3) Special rules.--
(A) Prohibition.--Services or assistance provided
under this section shall not be used for construction or
major renovation of schools.
(B) Secular, neutral, and nonideological services or
assistance.--Services or assistance provided under this
section, including equipment and materials, shall be
secular, neutral, and nonideological.
(f) Supplement Not Supplant.--
(1) In general.--Except as provided in paragraph (2),
services or assistance made available under this section shall
be used to supplement, not supplant, any funds made available
through the Federal Emergency Management Agency or through a
State.
(2) Exception.--Paragraph (1) shall not prohibit the
provision of Federal assistance under this section to an
eligible State educational agency, local educational agency, or
non-public school that is or may be entitled to receive, from
another source, benefits for the same purposes as under this
section if--
[[Page 119 STAT. 2795]]
(A) such State educational agency, local educational
agency, or school has not received such other benefits
by the time of application for Federal assistance under
this section; and
(B) such State educational agency, local educational
agency, or school agrees to repay all duplicative
Federal assistance received to carry out the purposes of
this section.
(g) Definition of Non-Public School.--The term ``non-public school''
means a non-public elementary school or secondary school that--
(1) is accredited or licensed or otherwise operates in
accordance with State law; and
(2) was in existence prior to August 22, 2005.
(h) Assistance to Non-Public Schools.--
(1) Funds availability.--From the payment provided by the
Secretary of Education under subsection (b) to a State
educational agency, the State educational agency shall reserve
an amount of funds, to be made available to non-public schools
in the State, that is not less than an amount that bears the
same relation to the payment as the number of non-public
elementary schools and secondary schools in the State bears to
the total number of non-public and public elementary schools and
secondary schools in the State. The number of such schools shall
be determined by the National Center for Education Statistics
Common Core of Data for the 2003-2004 school year. Such funds
shall be used for the provision of services or assistance at
non-public schools, except as provided in paragraph (2).
(2) Special rule.--If funds made available under paragraph
(1) remain unobligated 120 days after the date of enactment of
this Act, such funds may be used to provide services or
assistance under this section to local educational agencies or
non-public schools.
(3) Public control of funds.--The control of funds for the
services and assistance provided to a non-public school under
paragraph (1), and title to materials, equipment, and property
purchased with such funds, shall be in a public agency, and a
public agency shall administer such funds, materials, equipment,
and property and shall provide such services (or may contract
for the provision of such services with a public or private
entity).
SEC. 103. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES SERVING MAJOR
DISASTER AREAS.
In the case of a local educational agency that serves an area in
which the President has declared that a major disaster exists in
accordance with section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane
Katrina or Hurricane Rita, the amount made available for such local
educational agency under each of sections 1124, 1124A, 1125, and 1125A
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333,
6334, 6335, and 6337) for fiscal year 2006 shall be not less than the
amount made available for such local educational agency under each of
such sections for fiscal year 2005.
SEC. 104. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.
(a) Teacher and Paraprofessional Reciprocity.--
[[Page 119 STAT. 2796]]
(1) Teachers.--
(A) Affected teacher.--In this subsection, the term
``affected teacher'' means a teacher who is displaced
due to Hurricane Katrina or Hurricane Rita and relocates
to a State that is different from the State in which
such teacher resided on August 22, 2005.
(B) Reciprocity.--
(i) Teachers.--A local educational agency may
consider an affected teacher hired by such agency
who is not highly qualified in a core academic
subject in the State in which such agency is
located to be highly qualified in the same core
academic subject or area, for purposes of section
1119 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6319), for the 2005-2006 school
year, if such teacher was highly qualified,
consistent with section 9101(23) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7801(23)), on or before August 22, 2005, in the
State in which such teacher resided on August 22,
2005.
(ii) Special education teachers.--A local
educational agency may consider an affected
special education teacher hired by such agency who
is not highly qualified in the State in which such
agency is located to be highly qualified, for
purposes of section 612(a)(14) of the Individuals
with Disabilities Education Act (20 U.S.C.
1412(a)(14)), for the 2005-2006 school year, if
such teacher was highly qualified, consistent with
section 602(10) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(10)),
on or before August 22, 2005, in the State in
which such teacher resided on August 22, 2005.
(2) Paraprofessional.--
(A) Affected paraprofessional.--In this subsection,
the term ``affected paraprofessional'' means a
paraprofessional who is displaced due to Hurricane
Katrina or Hurricane Rita and relocates to a State that
is different from the State in which such
paraprofessional resided on August 22, 2005.
(B) Reciprocity.--A local educational agency may
consider an affected paraprofessional hired by such
agency who does not satisfy the requirements of section
1119(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6319(c)) in the State in which such
agency is located to satisfy such requirements, for
purposes of such section, for the 2005-2006 school year,
if such paraprofessional satisfied such requirements on
or before August 22, 2005, in the State in which such
paraprofessional resided on August 22, 2005.
(b) Delay.--The Secretary of Education may delay, for a period not
to exceed 1 year, applicability of the requirements of paragraphs (2)
and (3) of section 1119(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6319(a)(2) and (3)) and section 612(a)(14)(C) of the
Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C))
with respect to the States of Alabama, Louisiana, Texas, and Mississippi
(and local educational agencies within the jurisdiction of such States),
if any such State or local
[[Page 119 STAT. 2797]]
educational agency demonstrates that a failure to comply with such
requirements is due to exceptional or uncontrollable circumstances, such
as a natural disaster or a precipitous and unforeseen decline in the
financial resources of local educational agencies within the State.
SEC. 105. REGULATORY AND FINANCIAL RELIEF.
(a) Waiver Authority.--Subject to subsections (b) and (c), in
providing any grant or other assistance, directly or indirectly, to an
entity in an affected State in which a major disaster has been declared
in accordance with section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane
Katrina or Hurricane Rita, the Secretary of Education may, as
applicable, waive or modify, in order to ease fiscal burdens, any
requirement relating to the following:
(1) Maintenance of effort.
(2) The use of Federal funds to supplement, not supplant,
non-Federal funds.
(3) Any non-Federal share or capital contribution required
to match Federal funds provided under programs administered by
the Secretary of Education.
(b) Duration.--A waiver under this section shall be for the fiscal
year 2006.
(c) Limitations.--
(1) Relation to idea.--Nothing in this section shall be
construed to waive or modify any provision of the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Maintenance of effort.--If the Secretary grants a waiver
or modification under this section waiving or modifying a
requirement relating to maintenance of effort for fiscal year
2006, the level of effort required for fiscal year 2007 shall
not be reduced because of the waiver or modification.
SEC. 106. ASSISTANCE FOR HOMELESS YOUTH.
(a) In General.--The Secretary of Education shall provide assistance
to local educational agencies serving homeless children and youths
displaced by Hurricane Katrina or Hurricane Rita, consistent with
section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11433), including identification, enrollment assistance, assessment and
school placement assistance, transportation, coordination of school
services, supplies, referrals for health, mental health, and other
needs.
(b) Exception and Distribution of Funds.--
(1) Exception.--For purposes of providing assistance under
subsection (a), subsections (c) and (e)(1) of section 722 and
subsections (b) and (c) of section 723 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 11433(b)
and (c)) shall not apply.
(2) Disbursement.--The Secretary of Education shall disburse
funding provided under subsection (a) to State educational
agencies based on demonstrated need, as determined by the
Secretary, and such State educational agencies shall distribute
funds, that are appropriated under section 109 and available to
carry out this section, to local educational agencies based on
demonstrated need, for the purposes of carrying out section 723
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433).
[[Page 119 STAT. 2798]]
SEC. 107. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS.
(a) Temporary Emergency Impact Aid Authorized.--
(1) Aid to state educational agencies.--From amounts
appropriated to carry out this subtitle, the Secretary of
Education shall provide emergency impact aid to State
educational agencies to enable the State educational agencies to
make emergency impact aid payments to eligible local educational
agencies and eligible BIA-funded schools to enable--
(A) such eligible local educational agencies and
schools to provide for the instruction of students
served by such agencies and schools; and
(B) such eligible local educational agencies to make
immediate impact aid payments to accounts established on
behalf of displaced students (referred to in this
section as ``accounts'') who are attending eligible non-
public schools located in the areas served by the
eligible local educational agencies.
(2) Aid to local educational agencies and bia-funded
schools.--A State educational agency shall make emergency impact
aid payments to eligible local educational agencies and eligible
BIA-funded schools in accordance with subsection (d).
(3) State educational agencies in certain states.--In the
case of the States of Louisiana and Mississippi, the State
educational agency shall carry out the activities of eligible
local educational agencies that are unable to carry out this
section, including eligible local educational agencies in such
States for which the State exercises the authorities normally
exercised by such local educational agencies.
(4) <<NOTE: Deadline. Federal Register,
publication.>> Notice of funds availability.--Not later than 14
calendar days after the date of enactment of this Act, the
Secretary of Education shall publish in the Federal Register a
notice of the availability of funds under this section.
(b) Definitions.--In this section:
(1) Displaced student.--The term ``displaced student'' means
a student who enrolled in an elementary school or secondary
school (other than the school that the student was enrolled in,
or was eligible to be enrolled in, on August 22, 2005) because
such student resides or resided on August 22, 2005, in an area
for which a major disaster has been declared in accordance with
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane
Katrina or Hurricane Rita.
(2) Eligible local educational agencies.--The term
``eligible local educational agency'' means a local educational
agency that serves--
(A) an elementary school or secondary school
(including a charter school) in which there is enrolled
a displaced student; or
(B) an area in which there is located an eligible
non-public school.
(3) Eligible non-public school.--The term ``eligible non-
public school'' means a non-public elementary school or
secondary school that--
(A) is accredited or licensed or otherwise operates
in accordance with State law;
(B) was in existence on August 22, 2005; and
[[Page 119 STAT. 2799]]
(C) serves a displaced student on behalf of whom an
application for an account has been made pursuant to
subsection (c)(2)(A)(ii).
(4) Eligible bia-funded school.--In this section, the term
``eligible BIA-funded school'' means a school funded by the
Bureau of Indian Affairs in which there is enrolled a displaced
student.
(c) <<NOTE: Deadlines.>> Application.--
(1) State educational agency.--A State educational agency
that desires to receive emergency impact aid under this section
shall submit an application to the Secretary of Education, not
later than 7 calendar days after the date by which an
application under paragraph (2) must be submitted, in such
manner, and accompanied by such information as the Secretary of
Education may reasonably require, including--
(A) information on the total displaced student child
count of the State provided by eligible local
educational agencies in the State and eligible BIA-
funded schools in the State under paragraph (2);
(B) a description of the process for the parent or
guardian of a displaced student enrolled in a non-public
school to indicate to the eligible local educational
agency serving the area in which such school is located
that the student is enrolled in such school;
(C) a description of the procedure to be used by an
eligible local educational agency in such State to
provide payments to accounts;
(D) a description of the process to be used by an
eligible local educational agency in such State to
obtain--
(i) attestations of attendance of eligible
displaced students from eligible non-public
schools, in order for the local educational agency
to provide payments to accounts on behalf of
eligible displaced students; and
(ii) attestations from eligible non-public
schools that accounts are used only for the
purposes described in subsection (e)(1);
(E) the criteria, including family income, used to
determine the eligibility for and the amount of
assistance under this section provided on behalf of a
displaced student attending an eligible non-public
school; and
(F) the student count for displaced students
attending eligible non-public schools.
(2) Local educational agencies and bia-funded schools.--An
eligible local educational agency or eligible BIA-funded school
that desires an emergency impact aid payment under this section
shall submit an application to the State educational agency, not
later than 14 calendar days after the date of the publication of
the notice described in subsection (a)(4), in such manner, and
accompanied by such information as the State educational agency
may reasonably require, including documentation submitted
quarterly for the 2005-2006 school year that indicates the
following:
(A) In the case of an eligible local educational
agency--
(i) the number of displaced students enrolled
in the elementary schools and secondary schools
(including charter schools and including the
number
[[Page 119 STAT. 2800]]
of displaced students who are children with
disabilities) served by such agency for such
quarter;
(ii) the number of displaced students for whom
the eligible local educational agency expects to
provide payments to accounts under subsection
(d)(3) (including the number of displaced students
who are children with disabilities) for such
quarter who meet the following criteria--
(I) the displaced student enrolled
in an eligible non-public school prior
to the date of enactment of this Act;
(II) the parent or guardian of the
displaced student chose to enroll the
student in the eligible non-public
school in which the student is enrolled;
and
(III) the parent or guardian of the
displaced student submitted, in a timely
manner that allows the local educational
agency to meet the documentation
requirements under this paragraph, an
application requesting that the agency
make a payment to an account on behalf
of the student; and
(iii) an assurance that the local educational
agency will make payments to accounts within 14
calendar days of receipt of funds provided under
this section.
(B) In the case of an eligible BIA-funded school,
the number of displaced students, including the number
of displaced students who are children with
disabilities, enrolled in such school for such quarter.
(3) Determination of number of displaced students.--In
determining the number of displaced students for a quarter under
paragraph (2), an eligible local educational agency or eligible
BIA-funded school shall include the number of displaced students
served--
(A) in the case of a determination for the first
quarterly installment, during the quarter prior to the
date of enactment of this Act; and
(B) in the case of a determination for each
subsequent quarterly installment, during the quarter
immediately preceding the quarter for which the
installment is provided.
(d) Amount of Emergency Impact Aid.--
(1) Aid to state educational agencies.--
(A) In general.--The amount of emergency impact aid
received by a State educational agency for the 2005-2006
school year shall equal the sum of--
(i) the product of the number of displaced
students (who are not children with disabilities),
as determined by the eligible local educational
agencies and eligible BIA-funded schools in the
State under subsection (c)(2), times $6,000; and
(ii) the product of the number of displaced
students who are children with disabilities, as
determined by the eligible local educational
agencies and eligible BIA-funded schools in the
State under subsection (c)(2), times $7,500.
(B) Insufficient funds.--If the amount available
under this section to provide emergency impact aid under
this subsection is insufficient to pay the full amount
that
[[Page 119 STAT. 2801]]
a State educational agency is eligible to receive under
this section, the Secretary of Education shall ratably
reduce the amount of such emergency impact aid.
(C) Retention of state share.--In the case of a
State educational agency that has made a payment prior
to the date of enactment of this Act to a local
educational agency for the purpose of covering
additional costs incurred as a result of enrolling a
displaced student in a school served by the local
educational agency, the State educational agency may
retain a portion of the payment described in paragraph
(2)(A)(ii) that bears the same relation to the total
amount of the payment under such paragraph as the sum of
such prior payments bears to the total cost of
attendance for all students in that local educational
agency for whom the State educational agency made such
prior payments, except that a local educational agency
shall not adjust the level of funding provided to
accounts under this section based on the State's
retention of such amount.
(2) Aid to eligible local educational agencies and eligible
bia-funded schools.--
(A) Quarterly installments.--
(i) In general.--A State educational agency
shall provide emergency impact aid payments under
this section on a quarterly basis for the 2005-
2006 school year by such dates as determined by
the Secretary of Education. Such quarterly
installment payments shall be based on the number
of displaced students reported under subsection
(c)(2) and in the amount determined under clause
(ii).
(ii) Payment amount.--Each quarterly
installment payment under clause (i) shall equal
25 percent of the sum of--
(I) the number of displaced students
(who are not children with disabilities)
reported by the eligible local
educational agency or eligible BIA-
funded school for such quarter (as
determined under subsection (c)(2))
times $6,000; and
(II) the number of displaced
students who are children with
disabilities reported by the eligible
local educational agency or eligible
BIA-funded school for such quarter (as
determined under subsection (c)(2))
times $7,500.
(iii) <<NOTE: Reports.>> Timeline.--The
Secretary of Education shall establish a timeline
for quarterly reporting on the number of displaced
students in order to make the appropriate
disbursements in a timely manner.
(iv) Insufficient funds.--If, for any quarter,
the amount available under this section to make
payments under this subsection is insufficient to
pay the full amount that an eligible local
educational agency or eligible BIA-funded school
is eligible to receive under this section, the
State educational agency shall ratably reduce the
amount of such payments.
(B) <<NOTE: Deadline.>> Maximum payment to
account.--In providing quarterly payments to an account
for the 2005-2006 school year on behalf of a displaced
student for each quarter
[[Page 119 STAT. 2802]]
that such student is enrolled in a non-public school in
the area served by the agency under paragraph (3), an
eligible local educational agency may provide not more
than 4 quarterly payments to such account (each of which
shall be paid not later than 14 calendar days after the
date of receipt of each quarterly installment payment
received under subparagraph (A)), and the aggregate
amount of such payments shall not exceed the lesser of--
(i)(I) in the case of a displaced student who
is not a child with a disability, $6,000; or
(II) in the case of a displaced student who is
a child with a disability, $7,500; or
(ii) the cost of tuition and fees (and
transportation expenses, if any) at the non-public
school for the 2005-2006 school year.
(C) Limitation.--A non-public school accessing funds
on behalf of a displaced student under this section must
waive tuition, or reimburse tuition paid, in an amount
equal to the amount accessed.
(3) Displaced students.--Subject to the succeeding sentence,
an eligible local educational agency or eligible BIA-funded
school receiving emergency impact aid payments under this
section shall use the payments to provide services and
assistance to elementary schools and secondary schools
(including charter schools) served by such agency, or to such
BIA-funded school, that enrolled a displaced student. An
eligible local educational agency that receives emergency impact
aid payments under this section and that serves an area in which
there is located an eligible non-public school shall, at the
request of the parent or guardian of a displaced student who
meets the criteria described in subsection (c)(2)(A)(ii) and who
enrolled in a non-public school in an area served by the agency,
use such emergency impact aid payment to provide payment on a
quarterly basis (but not to exceed the total amount specified in
subsection (d)(2)(B) for the 2005-2006 school year) to an
account on behalf of such displaced student.
(e) Use of Funds.--
(1) Authorized uses.--The authorized uses of funds are the
following:
(A) Paying the compensation of personnel, including
teacher aides, in schools enrolling displaced students.
(B) Identifying and acquiring curricular material,
including the costs of providing additional classroom
supplies, and mobile educational units and leasing sites
or spaces.
(C) Basic instructional services for such students,
including tutoring, mentoring, or academic counseling.
(D) Reasonable transportation costs.
(E) Health and counseling services.
(F) Education and support services.
(2) Verification of enrollment for non-public schools.--
Before providing a quarterly payment to an account, the eligible
local educational agency shall verify with the parent or
guardian of a displaced student that such displaced student is,
or was, enrolled in the non-public school for such quarter.
(3) Prohibition.--Funds received under this section shall
not be used for construction or major renovation of schools.
[[Page 119 STAT. 2803]]
(4) Provision of special education and related services.--
(A) In general.--In the case of a displaced student
who is a child with a disability, any payment made on
behalf of such student to an eligible local educational
agency or any payment available in an account for such
student, shall be used to pay for special education and
related services consistent with the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(B) Special rule.--
(i) Retention.--Notwithstanding any other
provision of this section, if an eligible local
educational agency provides services to a
displaced student attending an eligible non-public
school under section 612(a)(10) of the Individuals
with Disabilities Education Act (20 U.S.C.
1412(a)(10)), the eligible local educational
agency may retain a portion of the assistance
received under this section on behalf of such
student to pay for such services.
(ii) Determination of portion.--
(I) <<NOTE: Deadline.>> Guidelines.--Each
State shall issue guidelines, not later
than 14 calendar days after the date of
the publication of the notice described
in subsection (a)(4), that specify the
portion of the assistance that an
eligible local educational agency in the
State may retain under this
subparagraph. Each State shall apply
such guidelines in a consistent manner
throughout the State.
(II) Determination of portion.--The
portion specified in the guidelines
shall be based on customary costs of
providing services under such section
612(a)(10) for the local educational
agency.
(C) Definitions.--In this paragraph:
(i) Special education; related services.--The
terms ``special education'' and ``related
services'' have the meaning given such terms in
section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401).
(ii) Individualized education program.--The
term ``individualized education program'' has the
meaning given the term in section 614(d)(2) of the
Individuals with Disabilities Education Act (20
U.S.C. 1414(d)(2)).
(f) Return of Aid.--
(1) Eligible local educational agency or eligible bia-funded
school.--An eligible local educational agency or eligible BIA-
funded school that receives an emergency impact aid payment
under this section shall return to the State educational agency
any payment provided to the eligible local educational agency or
school under this section that the eligible local educational
agency or school has not obligated by the end of the 2005-2006
school year in accordance with this section.
(2) State educational agency.--A State educational agency
that receives emergency impact aid under this section, shall
return to the Secretary of Education--
[[Page 119 STAT. 2804]]
(A) any aid provided to the agency under this
section that the agency has not obligated by the end of
the 2005-2006 school year in accordance with this
section; and
(B) any payment funds returned to the State
educational agency under paragraph (1).
(g) Limitation on Use of Aid and Payments.--Aid and payments
provided under this section shall only be used for expenses incurred
during the 2005-2006 school year.
(h) Administrative Expenses.--A State educational agency that
receives emergency impact aid under this section may use not more than 1
percent of such aid for administrative expenses. An eligible local
educational agency or eligible BIA-funded school that receives emergency
impact aid payments under this section may use not more than 2 percent
of such payments for administrative expenses.
(i) Special Funding Rule.--In calculating funding under section 8003
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703)
for an eligible local educational agency that receives an emergency
impact aid payment under this section, the Secretary of Education shall
not count displaced students served by such agency for whom an emergency
impact aid payment is received under this section, nor shall such
students be counted for the purpose of calculating the total number of
children in average daily attendance at the schools served by such
agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C.
7703(b)(3)(B)(i)).
(j) Notice.--Each State receiving emergency impact aid under this
section shall provide, to the parent or guardian of each displaced
student for whom a payment is made under this section to an account who
resides in such State, notification that--
(1) such parent or guardian has the option of enrolling such
student in a public school or a non-public school; and
(2) the temporary emergency impact aid for displaced
students provided under this section is temporary and is only
available for the 2005-2006 school year.
(k) Bypass.--For a State in which State law prohibits the State from
using Federal funds to directly provide services on behalf of students
attending non-public schools and provides that another entity shall
provide such services, the Secretary of Education shall make such
arrangements with that entity.
(l) Redirection of funds.--
(1) In general.--If a State educational agency or eligible
local educational agency is unable to carry out this section,
the Secretary of Education shall make such arrangements with the
State as the Secretary determines appropriate to carry out this
section on behalf of displaced students attending an eligible
non-public school in the area served by such agency.
(2) <<NOTE: Deadlines.>> Special rule.--If an eligible local
educational agency does not make a payment to an account within
14 calendar days of receipt of funds provided under this
section, then--
(A) the eligible local educational agency shall
return the funds received that quarter for such account
to the State educational agency; and
(B) the State educational agency shall ensure that
the proper payment to such account for such quarter is
made not later than 14 calendar days after the date of
the receipt of funds under subparagraph (A), before any
[[Page 119 STAT. 2805]]
further funds for such account are distributed to the
eligible local educational agency.
(m) Nondiscrimination.--
(1) Prohibition.--
(A) In general.--A school that enrolls a displaced
student under this section shall not discriminate
against students on the basis of race, color, national
origin, religion, disability, or sex.
(B) Applicability.--The prohibition of religious
discrimination in subparagraph (A) shall not apply with
regard to enrollment for a non-public school that is
controlled by a religious organization or organized and
operated on the basis of religious tenets, except that
the prohibition of religious discrimination shall apply
with respect to the enrollment of displaced students
assisted under this section.
(2) Single sex schools, classes, or activities.--
(A) In general.--To the extent consistent with title
IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.), the prohibition of sex discrimination in
paragraph (1)(A) shall not apply to a non-public school
that is controlled by a religious organization or
organized and operated on the basis of religious tenets
if the application of paragraph (1)(A) would not be
consistent with the religious tenets of such
organization.
(B) Single sex schools, classes, or activities.--
Notwithstanding paragraph (1)(A) and to the extent
consistent with title IX of the Education Amendments of
1972, a parent or guardian may choose and a non-public
school may offer a single sex school, class, or
activity.
(3) General provision.--Nothing in this subtitle may be
construed to alter or modify the provisions of the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.).
(4) Opt-out.--A parent or guardian of a displaced student on
behalf of whom a payment to an account is made under this
section shall have the option to have such parent or guardian's
displaced child opt out of religious worship or religious
classes offered by the non-public school in which such student
is enrolled and on behalf of whom a payment to an account is
made under this section.
(5) Rule of construction.--The amount of any payment (or
other form of support provided on behalf of a displaced student)
under this section shall not be treated as income of a parent or
guardian of the student for purposes of Federal tax laws or for
determining eligibility for any other Federal program.
(m) Treatment of State Aid.--A State shall not take into
consideration emergency impact aid payments received under this section
by a local educational agency in the State in determining the
eligibility of such local educational agency for State aid, or the
amount of State aid, with respect to free public education of children.
[[Page 119 STAT. 2806]]
SEC. 108. SEVERABILITY.
If any provision of this subtitle, an amendment made by this
subtitle, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this subtitle, the amendments made by this subtitle, and the application
of the provisions of such to any person or circumstance shall not be
affected thereby.
SEC. 109. AUTHORIZATION OF FUNDS.
There are authorized to be appropriated such sums as may be
necessary to carry out sections 102, 106, and 107.
SEC. 110. SUNSET PROVISION.
Except as provided in section 105, the provisions of this subtitle
shall be effective for the period beginning on the date of enactment of
this Act and ending on August 1, 2006.
Subtitle <<NOTE: Higher Education Hurricane Relief Act of 2005.>> B--
Higher Education Hurricane Relief
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Higher Education Hurricane
Relief Act of 2005''.
SEC. 202. GENERAL WAIVERS AND MODIFICATIONS.
(a) Authority.--Notwithstanding any other provision of law, unless
enacted with specific reference to this section, the Secretary is
authorized to waive or modify any statutory or regulatory provision
applicable to the student financial assistance programs under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), or any
student or institutional eligibility provisions in the Higher Education
Act of 1965, as the Secretary deems necessary in connection with a Gulf
hurricane disaster to ensure that--
(1) administrative requirements placed on affected students,
affected individuals, affected institutions, lenders, guaranty
agencies, and grantees are minimized to the extent possible
without impairing the integrity of the higher education programs
under the Higher Education Act of 1965, to ease the burden on
such participants; or
(2) institutions of higher education, lenders, guaranty
agencies, and other entities participating in the student
financial assistance programs under title IV of the Higher
Education Act of 1965, that serve an area affected by a Gulf
hurricane disaster, may be granted temporary relief from
requirements that are rendered infeasible or unreasonable due to
the effects of a Gulf hurricane disaster, including due
diligence requirements and reporting deadlines.
(b) Authority to Extend or Waive Reporting Requirements Under
Section 131(a).--The Secretary is authorized to extend reporting
deadlines or waive reporting requirements under section 131(a) of the
Higher Education Act of 1965 (20 U.S.C. 1015(a)) for an affected
institution.
(c) Construction.--Nothing in this subtitle shall be con- strued--
(1) to allow the Secretary to waive or modify any applicable
statutory or regulatory requirements prohibiting discrimination
[[Page 119 STAT. 2807]]
in a program or activity, or in employment or contracting, under
existing law (in existence on the date of the Secretary's
action); or
(2) to authorize any refunding of any repayment of a loan.
SEC. 203. MODIFICATION OF PART A OF TITLE II GRANTS AUTHORIZED.
The Secretary is authorized to approve modifications to the
requirements for Teacher Quality Enhancement Grants for States and
Partnerships under part A of title II of the Higher Education Act of
1965 (20 U.S.C. 1021 et seq.), at the request of the grantee--
(1) to assist States and local educational agencies to
recruit and retain highly qualified teachers in a school
district located in an area affected by a Gulf hurricane
disaster; and
(2) to assist institutions of higher education, located in
such area to recruit and retain faculty necessary to prepare
teachers and provide professional development.
SEC. 204. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR B OF TITLE III,
AND OTHER GRANTS.
The Secretary is authorized to modify the required and allowable
uses of funds under chapters 1 and 2 of subpart 2 of part A of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq., 1070a-21
et seq.), under part A or B of title III (20 U.S.C. 1057 et seq., 1060
et seq.), and under any other competitive grant program, at the request
of an affected institution or other grantee, with respect to affected
institutions and other grantees located in an area affected by a Gulf
hurricane disaster. The Secretary may not, under the authority of this
section, authorize any new construction, renovation, or improvement of
classrooms, libraries, laboratories, or other instructional facilities
that is not authorized under the institution's grant award, as in effect
on the date of enactment of this Act, under part A or B of title III of
such Act.
SEC. 205. PROFESSIONAL JUDGMENT.
A financial aid administrator shall be considered to be making an
adjustment in accordance with section 479A(a) of the Higher Education
Act of 1965 (20 U.S.C. 1087tt(a)) if the financial aid administrator
makes the adjustment with respect to the calculation of the expected
student or parent contribution (or both) for an affected student, or for
a student or a parent who resides or resided on August 29, 2005, or was
employed on August 29, 2005, in an area affected by a Gulf hurricane
disaster. The financial aid administrator shall adequately document the
need for the adjustment.
SEC. 206. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR
PELL GRANTS.
(a) In General.--The Secretary shall make special efforts, in
conjunction with State efforts, to notify affected students and if
applicable, their parents, who qualify for means-tested Federal benefit
programs, of their potential eligibility for a maximum Pell Grant, and
shall disseminate such informational materials as the Secretary deems
appropriate.
(b) Means-Tested Federal Benefit Program.--For the purpose of this
section, the term ``means-tested Federal benefit program'' means a
mandatory spending program of the Federal Government, other than a
program under the Higher Education Act of
[[Page 119 STAT. 2808]]
1965, in which eligibility for the program's benefits, or the amount of
such benefits, or both, are determined on the basis of income or
resources of the individual or family seeking the benefit, and may
include such programs as the supplemental security income program under
title XVI of the Social Security Act, the food stamp program under the
Food Stamp Act of 1977, the free and reduced price school lunch program
established under the Richard B. Russell National School Lunch Act, the
temporary assistance to needy families program established under part A
of title IV of the Social Security Act, and the women, infants, and
children program established under section 17 of the Child Nutrition Act
of 1966, and other programs identified by the Secretary.
SEC. 207. PROCEDURES.
(a) Regulatory Requirements Inapplicable.--Sections 482(c) and 492
of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a), section
437 of the General Education Provisions Act (20 U.S.C. 1232), and
section 553 of title 5, United States Code, shall not apply to this
subtitle.
(b) Notice of Waivers, Modifications, or Extensions.--
Notwithstanding section 437 of the General Education Provisions Act (20
U.S.C. 1232) and section 553 of title 5, United States Code, the
Secretary shall make publicly available the waivers, modifications, or
extensions granted under this subtitle.
(c) Case-by-Case Basis.--The Secretary is not required to exercise
any waiver or modification authority under this subtitle on a case-by-
case basis.
SEC. 208. TERMINATION OF AUTHORITY.
The authority of the Secretary to issue waivers or modifications
under this subtitle shall expire at the conclusion of the 2005-2006
academic year.
SEC. 209. DEFINITIONS.
For the purposes of this subtitle, the following terms have the
following meanings:
(1) Affected individual.--The term ``affected individual''
means an individual who has applied for or received student
financial assistance under title IV of the Higher Education Act
of 1965, and--
(A) who is an affected student; or
(B) whose primary place of employment or residency
was, as of August 29, 2005, in an area affected by a
Gulf hurricane disaster.
(2) Affected institution.--
(A) In general.--The term ``affected institution''
means an institution of higher education that--
(i) is located in an area affected by a Gulf
hurricane disaster; and
(ii) has temporarily ceased operations as a
consequence of a Gulf hurricane disaster, as
determined by the Secretary.
(B) Length of time.--In determining eligibility for
assistance under this subtitle, the Secretary, using
consistent, objective criteria, shall determine the time
period for which an institution of higher education is
an affected institution.
[[Page 119 STAT. 2809]]
(C) Special rule.--An organizational unit of an
affected institution that is not impacted by a Gulf
hurricane disaster shall not be considered as part of
such affected institution for purposes of receiving
assistance under this subtitle.
(3) Affected state.--The term ``affected State'' means the
State of Alabama, Florida, Louisiana, Mississippi, or Texas.
(4) Affected student.--The term ``affected student'' means
an individual who was enrolled or accepted for enrollment on
August 29, 2005, at an affected institution.
(5) Area affected by a gulf hurricane disaster.--The term
``area affected by a Gulf hurricane disaster'' means a county or
parish, in an affected State, that has been designated by the
Federal Emergency Management Agency for disaster assistance for
individuals and households as a result of Hurricane Katrina or
Hurricane Rita.
(6) Cancelled enrollment period.--The term ``cancelled
enrollment period'' means any period of enrollment at an
affected institution during the academic year 2005-2006, during
which students were unable to attend such institution.
(7) Gulf hurricane disaster.--The term ``Gulf hurricane
disaster'' means a major disaster that the President declared to
exist, in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, and that was
caused by Hurricane Katrina or Hurricane Rita.
(8) Institution of higher education.--The term ``institution
of higher education'' means--
(A) an institution covered by the definition of such
term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001); and
(B) an institution described in subparagraph (A) or
(B) of section 102(a)(1) of such Act (20 U.S.C.
1002(a)(1)(A), (B)).
(9) Qualified student loan.--The term ``qualified student
loan'' means any loan made, insured, or guaranteed under part B,
D, or E of title IV of the Higher Education Act of 1965, other
than a loan under section 428B of such title or a Federal Direct
Plus loan.
(10) Qualified parent loan.--The term ``qualified parent
loan'' means a loan made under section 428B of title IV of the
Higher Education Act of 1965 or a Federal Direct Plus loan.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Education.
Subtitle C--Education and Related Programs Hurricane Relief
SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT TO FACILITATE THE PROVISION OF
EDUCATIONAL SERVICES TO CHILDREN WITH DISABILITIES.
(a) Authority.--The Secretary of Education may enter into an
agreement described in subsection (b) with an eligible entity to extend
certain deadlines under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) related to providing special
[[Page 119 STAT. 2810]]
education and related services, including early intervention services,
to individuals adversely affected by a Gulf hurricane disaster.
(b) Terms of Agreements.--An agreement referred to in subsection (a)
is an agreement with an eligible entity made in accordance with
subsection (e) that may extend the applicable deadlines under one or
more of the following sections:
(1) Section 611(e)(3)(C)(ii) of such Act, by extending up to
an additional 60 days the 90 day deadline for developing a State
plan for the high cost fund.
(2) Section 612(a)(15)(C) of such Act, by extending up to an
additional 60 days the deadline for submission of the annual
report to the Secretary of Education and the public regarding
the progress of the State and of children with disabilities in
the State.
(3) Section 612(a)(16)(D) of such Act, by extending up to an
additional 60 days the deadline for making available reports
regarding the participation in assessments and the performance
on such assessments of children with disabilities.
(4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up
to an additional 30 days the 60 day deadline for the initial
evaluation to determine whether a child is a child with a
disability for purposes of the provision of special education
and related services to such child.
(5) Section 616(b)(1)(A) of such Act, by extending up to an
additional 60 days the deadline for finalization of the State
performance plan.
(6) Section 641(e)(1)(D) of such Act, by extending up to an
additional 60 days the deadline for submission to the Governor
of a State and the Secretary of Education of the report on the
status of early intervention programs for infants and toddlers
with disabilities and their families operated within the State.
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) as permitting the waiver of--
(A) any applicable Federal civil rights law;
(B) any student or family privacy protections,
including provisions requiring parental consent for
evaluations and services;
(C) any procedural safeguards required under section
615 or section 639 of the Individuals with Disabilities
Education Act; or
(D) any requirements not specified in subsection (b)
of this section; or
(2) as removing the obligation of the eligible entity to
provide a child with a disability or an infant or toddler with a
disability and their families--
(A) a free appropriate public education under part B
of the Individuals with Disabilities Education Act; or
(B) early intervention services under part C of such
Act.
(d) Duration of Agreement.--An agreement under this section shall
terminate at the conclusion of the 2005-2006 academic year.
(e) Request to Enter Into Agreement.--To enter into an agreement
under this section, an eligible entity shall submit a
[[Page 119 STAT. 2811]]
request to the Secretary of Education at such time, in such manner, and
containing such information as the Secretary may require.
SEC. 302. HEAD START AND CHILD CARE AND DEVELOPMENT BLOCK GRANT.
(a) Head Start.--
(1) Technical assistance, guidance, and resources.--From the
amount made available for Head Start in this Act, the Secretary
of Health and Human Services shall provide training and
technical assistance, guidance, and resources through the Region
4 and Region 6 offices of the Administration for Children and
Families (and may provide training and technical assistance,
guidance, and resources through other regional offices of the
Administration, at the request of such offices that administer
affected Head Start agencies and Early Head Start entities) to
Head Start agencies and Early Head Start entities in areas
affected by a Gulf hurricane disaster, and to affected Head
Start agencies and Early Head Start entities, to assist the
agencies and entities involved to address the health and
counseling needs of infants, toddlers, and young children
affected by a Gulf hurricane disaster. Such training and
technical assistance may be provided by contract or cooperative
agreement with qualified national, regional, or local providers.
(2) Waiver.--For such period up to September 30, 2006, and
to such extent as the Secretary considers appropriate, the
Secretary of Health and Human Services--
(A) may waive section 640(b) of the Head Start Act
for Head Start agencies located in an area affected by a
Gulf hurricane disaster, and other affected Head Start
agencies and Early Head Start agencies; and
(B) shall waive requirements of documentation for
individuals adversely affected by a Gulf hurricane
disaster who participate in a Head Start program or an
Early Head Start program funded under the Head Start
Act.
(b) Child Care and Development Block Grant.--
(1) Child care and development block grant act of 1990.--For
such period up to September 30, 2006, and to such extent as the
Secretary considers to be appropriate, the Secretary of Health
and Human Services may waive, for any affected State, and any
State serving significant numbers of individuals adversely
affected by a Gulf hurricane disaster, provisions of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.)--
(A) relating to Federal income limitations on
eligibility to receive child care services for which
assistance is provided under such Act;
(B) relating to work requirements applicable to
eligibility to receive child care services for which
assistance is provided under such Act;
(C) relating to limitations on the use of funds
under section 658G of the Child Care and Development
Block Grant Act of 1990;
(D) preventing children designated as evacuees from
receiving priority for child care services provided
under such Act, except that children residing in a State
and
[[Page 119 STAT. 2812]]
currently receiving services should not lose such
services to accommodate evacuee children; and
(E) relating to any non-Federal or capital
contribution required (including copayment or other cost
sharing by parents receiving child care assistance) to
match Federal funds provided under programs administered
by the Secretary of Health and Human Services;
(2) Technical assistance and guidance.--The Secretary may
provide assistance to States for the purpose of providing
training, technical assistance, and guidance to eligible child
care providers (as defined in section 658P of the Child Care and
Development Block Grant Act of 1990) who are licensed and
regulated, as applicable, by the States, to enable such
providers to provide child care services for children and
families described in paragraph (1). Such training and technical
assistance may be provided through intermediary organizations,
including those with demonstrated experience in providing
training and technical assistance to programs serving school-age
children up to age 13, involved in reinstituting child care
services on a broad scale in areas affected by a Gulf hurricane
disaster.
SEC. 303. DEFINITIONS.
(a) In General.--Unless otherwise specified in this subtitle, the
terms used in this subtitle have the meanings given the terms in section
9101 of the Elementary and Secondary Education Act of 1965.
(b) Additional Definitions.--For the purposes of this subtitle:
(1) Affected head start agencies and early head start
agencies.--The term ``affected Head Start Agencies and Early
Head Start Agencies'' means a Head Start agency receiving a
significant number of children from an area in which a Gulf
hurricane disaster has been declared.
(2) Affected state.--The term ``affected State'' means the
State of Alabama, Florida, Louisiana, Mississippi, or Texas.
(3) Area affected by a gulf hurricane disaster.--The term
``area affected by a Gulf hurricane disaster'' means a county or
parish, in an affected State, that has been designated by the
Federal Emergency Management Agency for disaster assistance for
individuals and households as a result of Hurricane Katrina or
Hurricane Rita.
(4) Child with a disability.--The term ``child with a
disability'' has the meaning given such term in section 602(3)
of the Individuals with Disabilities Education Act.
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency (as defined in
section 602(19) of the Individuals with Disabilities
Education Act) if such agency is located in a State or
in an area of a State with respect to which the
President has declared that a Gulf hurricane disaster
exists;
(B) a State educational agency (as defined in
section 602(32) of such Act) if such agency is located
in a State with respect to which the President has
declared that a Gulf hurricane disaster exists; or
(C) a State interagency coordinating council
established under section 641 of such Act if such
council is located
[[Page 119 STAT. 2813]]
in a State with respect to which the President has
declared that a Gulf hurricane disaster exists.
(6) Gulf hurricane disaster.--The term ``Gulf hurricane
disaster'' means a major disaster that the President declared to
exist, in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, and that was
caused by Hurricane Katrina or Hurricane Rita.
(7) Highly qualified.--The term ``highly qualified''--
(A) in the case of a special education teacher, has
the meaning given such term in section 602 of the
Individuals with Disabilities Education Act; and
(B) in the case of any other elementary, middle, or
secondary school teacher, has the meaning given such
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
(8) Individual adversely affected by a gulf hurricane
disaster.--The term ``individual adversely affected by a Gulf
hurricane disaster'' means an individual who, on August 29,
2005, was living, working, or attending school in an area in
which the President has declared to exist a Gulf hurricane
disaster.
(9) Infant or toddler with a disability.--The term ``infant
or toddler with a disability'' has the meaning given such term
in section 632(5) of the Individuals with Disabilities Education
Act.
TITLE V
GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
Sec. 5001. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 5002. <<NOTE: 1 USC 1 note.>> Except as expressly provided
otherwise, any reference to ``this Act'' contained in either division A
or division B shall be treated as referring only to the provisions of
that division.
Sec. 5003. <<NOTE: Effective date.>> Effective upon the enactment of
this Act, none of the funds appropriated or otherwise made available by
the 2001 Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public Law 107-38)
shall be transferred to or from the Emergency Response Fund.
Sec. 5004. Title I of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2006
(Public Law 109-97) is amended in the paragraph under the heading
``Cooperative State Research, Education, and Extension Service, Research
and Education Activities'' (109 Stat. 2126) by inserting ``, to remain
available until expended'' after ``for a veterinary medicine loan
repayment program pursuant to section 1415A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101 et
seq.), $500,000''.
Sec. 5005. Section 207 of division C of <<NOTE: 118 Stat.
2950.>> Public Law 108-447 is amended by inserting ``, and any effects
of inflation thereon,'' after the word ``increase''.
Sec. 5006. The matter under the heading ``Water and Related
Resources'' in <<NOTE: Ante, p. 2265.>> Public Law 109-103 is amended by
inserting before the period at the end the following: ``: Provided
further, That
[[Page 119 STAT. 2814]]
$10,000,000 of the funds appropriated under this heading shall be
deposited in the San Gabriel Basin Restoration Fund established by
section 110 of title I of appendix D of Public Law 106-554''.
Sec. 5007. The funds appropriated in Public Law 109-103 under the
heading ``Bureau of Reclamation, Water and Related Resources'' for the
Placer County, California Sub-Regional Wastewater Treatment Project are
hereby transferred to and merged with the amount appropriated in such
public law under the heading ``Corps of Engineers--Civil,
Construction'', and shall be used for the construction of such project
under the same terms and conditions that would have been applicable if
such funds had originally been appropriated to the Corps of Engineers.
Sec. 5008. <<NOTE: Ante, p. 2255.>> Section 118 of Public Law 109-
103 is amended by striking ``106-541'' and inserting ``106-53'' in lieu
thereof.
Sec. 5009. Public Law 109-103 is amended under the heading ``Corps
of Engineers--Civil, Investigations'', <<NOTE: Ante, p. 2247.>> by
striking ``Provided further, That using $8,000,000'' and all that
follows to the end of the paragraph, and inserting <<NOTE: Reports.>> in
lieu thereof, ``Provided further, That using $8,000,000 of the funds
provided herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to conduct a comprehensive hurricane protection
analysis and design at full federal expense to develop and present a
full range of flood control, coastal restoration, and hurricane
protection measures exclusive of normal policy considerations for South
Louisiana and the Secretary shall submit a preliminary technical report
for comprehensive Category 5 protection within 6 months of enactment of
this Act and a final technical report for Category 5 protection within
24 months of enactment of this Act: Provided further, That the Secretary
shall consider providing protection for a storm surge equivalent to a
Category 5 hurricane within the project area and may submit reports on
component areas of the larger protection program for authorization as
soon as practicable: Provided further, That the analysis shall be
conducted in close coordination with the State of Louisiana and its
appropriate agencies.''.
Sec. 5010. Funds made available under the heading ``Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration'' in Public Law 109-103 shall be available for the
operation, maintenance, and purchase, through transfer, exchange, or
sale, of one helicopter for replacement only.
Sec. 5011. (a) In addition to the amounts provided elsewhere in this
Act, $50,000,000 is hereby appropriated to the Department of Labor, to
remain available until expended, for payment to the New York State
Uninsured Employers Fund for reimbursement of claims related to the
September 11, 2001, terrorist attacks on the United States and for
reimbursement of claims related to the first response emergency services
personnel who were injured, were disabled, or died due to such terrorist
attacks.
(b) In addition to the amounts provided elsewhere in this Act,
$75,000,000 is hereby appropriated to the Centers for Disease Control
and Prevention, to remain available until expended, for purposes related
to the September 11, 2001, terrorist attacks on the United States. In
expending such funds, the Director of the Centers for Disease Control
and Prevention shall: (1) give first priority to existing programs that
administer baseline and follow-up screening, clinical examinations, or
long-term medical health monitoring, analysis, or treatment for
emergency services personnel or rescue and recovery personnel, as
coordinated by the Mount
[[Page 119 STAT. 2815]]
Sinai Center for Occupational and Environmental Medicine of New York
City, the New York City Fire Department's Bureau of Health Services and
Counseling Services Unit, the New York City Police Foundation's Project
COPE, the Police Organization Providing Peer Assistance of New York
City, and the New York City Department of Health and Mental Hygiene's
World Trade Center Health Registry; and (2) give secondary priority to
similar programs coordinated by other entities working with the State of
New York and New York City.
(c) Each amount appropriated in this section is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Sec. 5012. The Flexibility for Displaced Workers Act (Public Law
109-72) <<NOTE: Ante, p. 2013.>> is amended by striking ``Hurricane
Katrina'' each place it appears and inserting ``hurricanes in the Gulf
of Mexico in calendar year 2005''.
Sec. 5013. <<NOTE: 10 USC 2821 note.>> Section 124 of Public Law
109-114 is amended by inserting before the period at the end the
following: ``: Provided further, That nothing in this section precludes
the Secretary of a military department, after notifying the
congressional defense committees and waiting 21 days, from using funds
derived under section 2601, chapter 403, chapter 603, or chapter 903 of
title 10, United States Code, for the maintenance or repair of General
and Flag Officer Quarters at the military service academy under the
jurisdiction of that Secretary: <<NOTE: Reports. Deadline.>> Provided
further, That each Secretary of a military department shall provide an
annual report by February 15 to the congressional defense committees on
the amount of funds that were derived under section 2601, chapter 403,
chapter 603, or chapter 903 of title 10, United States Code in the
previous year and were obligated for the construction, improvement,
repair, or maintenance of any military facility or infrastructure''.
Sec. 5014. <<NOTE: Ante, p. 2381.>> Section 128 of Public Law 109-
114 is amended as follows--
(1) by inserting after ``support'' the following: ``a
continuing mission or function at that installation or''; and
(2) by inserting after the last period the following: ``This
section shall not apply to military construction projects, land
acquisition, or family housing projects for which the project is
vital to the national security or the protection of health,
safety, or environmental
quality: <<NOTE: Notification. Deadline.>> Provided, That the
Secretary of Defense shall notify the congressional defense
committees within seven days of a decision to carry out such a
military construction project.''.
Sec. 5015. The amount provided for ``Military Construction, Army''
in Public Law 109-114 is hereby reduced by $8,100,000 for the Special
Operations Free Fall Simulator at Yuma Proving Ground, Arizona.
The amount provided for ``Military Construction, Army'' in Public
Law 109-114 is hereby increased by $8,100,000 for the Upgrade Wastewater
Treatment Plant at Yuma Proving Ground, Arizona.
Sec. <<NOTE: Ante, p. 2395.>> 5016. The last paragraph of Public Law
109-114 is amended by inserting ``Military Construction,'' before
``Military Quality''.
[[Page 119 STAT. 2816]]
Sec. 5017. <<NOTE: Ante, p. 2336.>> (a) Section 613 of Public Law
109-108 is amended by striking ``$500,000 shall be for a grant to Warren
County, Virginia, for a community enhancement project;'' and inserting
``$250,000 shall be for a grant to Warren County, Virginia, for a
community enhancement project; $250,000 shall be for a grant to The ARC
of Loudoun County for land acquisition and construction;''.
(b) Section 619(a) <<NOTE: 118 Stat. 2916.>> of division B in Public
Law 108-447 is amended by striking ``$50,000 shall be available for a
grant for the Promesa Foundation in the Bronx, New York, to provide
community growth funding;'' and inserting ``$50,000 shall be available
for a grant to the Promesa Foundation to provide financial assistance to
New York area families and organizations under a youth sports and
recreational initiative;''.
(c) Section 621 of division <<NOTE: 118 Stat. 93.>> B in Public Law
108-199 is amended by striking ``$200,000 shall be available for a grant
for the Promesa Foundation in South Bronx, New York, to provide
community growth funding;'' and inserting ``$200,000 shall be available
for a grant to the Promesa Foundation to provide financial assistance to
New York area families and organizations under a youth sports and
recreational initiative;''.
(d) Section 625 of <<NOTE: 117 Stat. 103.>> division B in Public Law
108-7 is amended by striking ``$200,000 shall be available for a grant
for the Promesa Foundation in South Bronx, New York to provide community
growth funding;'' and inserting ``$200,000 shall be available for a
grant to the Promesa Foundation to provide financial assistance to New
York area families and organizations under a youth sports and
recreational initiative;''.
Sec. 5018. Public Law 109-108 is amended under the heading ``State
and Local Law Enforcement Assistance'' in subparagraph 4 by
striking <<NOTE: Ante, p. 2300.>> ``authorized by subpart 2 of part E,
of title I of the 1968 Act, notwithstanding the provisions of section
511 of said Act''.
(transfer of funds)
Sec. 5019. The unobligated and unexpended balances of the amount
appropriated under the heading ``United States-Canada Railroad
Commission'' by chapter 9 of title II of Public Law 107-20 shall be
transferred as a direct lump-sum payment to the University of Alaska.
Sec. 5020. The matter under the heading ``Federal Transit
Administration, capital investment grants'' in title I of division A of
Public Law <<NOTE: Ante, p. 2418.>> 109-115 is amended by striking
``Virginia, $26,000,000'' and inserting ``Virginia, $30,000,000''; by
striking ``Ohio, $24,770,000'' and inserting ``Ohio, $24,774,513''; and
by striking ``Metro, Pennsylvania, $2,000,000'' and inserting ``Metro,
Pennsylvania, $4,000,000''.
Sec. 5021. For purposes of compliance with section 205 of Public Law
109-115, a reduction in taxpayer service shall include, but not be
limited to, any reduction in available hours of telephone taxpayer
assistance on a daily, weekly and monthly basis below the levels in
existence during the month of October 2005.
Sec. 5022. The referenced statement of the managers under the
heading ``Community development fund'' in Public Law 108-447 is amended
with respect to item number 145 by striking ``Putnam County, Missouri''
and inserting ``Sullivan County, Missouri''.
[[Page 119 STAT. 2817]]
Sec. 5023. The statement of the managers correction referenced under
the second paragraph of the heading ``Community development fund'' in
title III of Public Law 109-115 (as in effect pursuant to H. Con. Res.
308, 109th Congress) is deemed to be amended--
(1) with respect to item number 65 by striking ``$125,000 to
Esperanza Mercado Project, California for the Esperanza
Community Maple-Mae Project;'' and inserting ``$125,000 to the
Esperanza Community Housing Corporation, Los Angeles, California
for the Mercado La Paloma project;'';
(2) with respect to item number 840 by striking ``$100,000
to Gwen's Girls, Inc. in Pittsburgh, Pennsylvania for
construction of a residential facility;'' and inserting
``$100,000 to the Bloomfield-Garfield Association in Pittsburgh,
Pennsylvania for acquisition and demolition;'';
(3) with respect to item number 411 by striking ``$200,000
to the City of Holyoke, Massachusetts for renovations of
facility for Solutions Development Corporation;'' and inserting
``$200,000 to Solutions Development Inc. of Holyoke,
Massachusetts for facility renovations;'';
(4) with respect to item number 314 by striking ``$225,000
to the City of Harvey, Illinois for demolition and redevelopment
of property to aid the community;'' and inserting ``$225,000 to
the Village of Riverdale, Illinois for planning, design,
acquisition, and demolition;'';
(5) with respect to item number 715 by striking ``39th'' and
inserting ``59th'';
(6) with respect to item number 26 by striking ``Center''
and inserting ``College'';
(7) with respect to item number 372 by striking ``Fairview,
Kansas'' and inserting ``Fairway, Kansas'';
(8) with respect to item number 584 by striking ``City of
Asheville, North Carolina for the renovation of the Asheville
Veterans Memorial Stadium'' and inserting ``UNC Asheville
Science and Multimedia Center, City of Asheville, North Carolina
for the construction of a new science and multi-media
building''; and
(9) with respect to item number 341 by striking ``Village of
Northfield, IL'' and inserting ``Northfield Park District of
Illinois''.
Sec. 5024. The referenced statement of the managers under the
heading ``Community development fund'' in title II of division I of
Public Law 108-447 is deemed to be amended with respect to item 571 by
striking ``$575,000 to the Metropolitan Development Association in
Syracuse, New York for the Essential New York Initiative'' and inserting
``$200,000 to the Monroe County Industrial Development Agency for
streetscape and infrastructure improvements to the Medley Center in the
Town of Irondequoit, New York; $90,000 to the City of Syracuse, New York
for facilities and equipment improvements for the Syracuse Food Bank;
$200,000 to the City of Syracuse, New York for renovations and
infrastructure improvements to the Lofts on Willow Urban Village
project; and, $85,000 to Cayuga County, New York for the CIVIC Heritage
Historical Society for the construction of a history center;''.
Sec. 5025. <<NOTE: Effective date.>> Effective upon the enactment of
this Act, none of the funds appropriated or otherwise made available by
the 2001 Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public Law
[[Page 119 STAT. 2818]]
107-38) shall be transferred to or from the Emergency Response Fund.
This division may be cited as the ``Emergency Supplemental
Appropriations Act to Address Hurricanes in the Gulf of Mexico and
Pandemic Influenza, 2006''.
DIVISION <<NOTE: Public Readiness and Emergency Preparedness Act. 42 USC
201 note.>> C--PUBLIC READINESS AND EMERGENCY PREPAREDNESS ACT
SEC. 1. SHORT TITLE.
This division may be cited as the ``Public Readiness and Emergency
Preparedness Act''.
SEC. 2. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC AND EPIDEMIC
PRODUCTS AND SECURITY COUNTERMEASURES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 319F-2 the following
section:
``SEC. 319F-3. <<NOTE: 42 USC 247d-6d.>> TARGETED LIABILITY PROTECTIONS
FOR PANDEMIC AND EPIDEMIC PRODUCTS AND SECURITY
COUNTERMEASURES.
``(a) Liability Protections.--
``(1) In general.--Subject to the other provisions of this
section, a covered person shall be immune from suit and
liability under Federal and State law with respect to all claims
for loss caused by, arising out of, relating to, or resulting
from the administration to or the use by an individual of a
covered countermeasure if a declaration under subsection (b) has
been issued with respect to such countermeasure.
``(2) Scope of claims for loss.--
``(A) Loss.--For purposes of this section, the term
`loss' means any type of loss, including--
``(i) death;
``(ii) physical, mental, or emotional injury,
illness, disability, or condition;
``(iii) fear of physical, mental, or emotional
injury, illness, disability, or condition,
including any need for medical monitoring; and
``(iv) loss of or damage to property,
including business interruption loss.
Each of clauses (i) through (iv) applies without regard
to the date of the occurrence, presentation, or
discovery of the loss described in the clause.
``(B) Scope.--The immunity under paragraph (1)
applies to any claim for loss that has a causal
relationship with the administration to or use by an
individual of a covered countermeasure, including a
causal relationship with the design, development,
clinical testing or investigation, manufacture,
labeling, distribution, formulation, packaging,
marketing, promotion, sale, purchase, donation,
dispensing, prescribing, administration, licensing, or
use of such countermeasure.
``(3) Certain conditions.--Subject to the other provisions
of this section, immunity under paragraph (1) with respect to a
covered countermeasure applies only if--
[[Page 119 STAT. 2819]]
``(A) the countermeasure was administered or used
during the effective period of the declaration that was
issued under subsection (b) with respect to the
countermeasure;
``(B) the countermeasure was administered or used
for the category or categories of diseases, health
conditions, or threats to health specified in the
declaration; and
``(C) in addition, in the case of a covered person
who is a program planner or qualified person with
respect to the administration or use of the
countermeasure, the countermeasure was administered to
or used by an individual who--
``(i) was in a population specified by the
declaration; and
``(ii) was at the time of administration
physically present in a geographic area specified
by the declaration or had a connection to such
area specified in the declaration.
``(4) Applicability of certain conditions.--With respect to
immunity under paragraph (1) and subject to the other provisions
of this section:
``(A) In the case of a covered person who is a
manufacturer or distributor of the covered
countermeasure involved, the immunity applies without
regard to whether such countermeasure was administered
to or used by an individual in accordance with the
conditions described in paragraph (3)(C).
``(B) In the case of a covered person who is a
program planner or qualified person with respect to the
administration or use of the covered countermeasure, the
scope of immunity includes circumstances in which the
countermeasure was administered to or used by an
individual in circumstances in which the covered person
reasonably could have believed that the countermeasure
was administered or used in accordance with the
conditions described in paragraph (3)(C).
``(5) Effect of distribution method.--The provisions of this
section apply to a covered countermeasure regardless of whether
such countermeasure is obtained by donation, commercial sale, or
any other means of distribution, except to the extent that,
under paragraph (2)(E) of subsection (b), the declaration under
such subsection provides that subsection (a) applies only to
covered countermeasures obtained through a particular means of
distribution.
``(6) Rebuttable presumption.--For purposes of paragraph
(1), there shall be a rebuttable presumption that any
administration or use, during the effective period of the
emergency declaration by the Secretary under subsection (b), of
a covered countermeasure shall have been for the category or
categories of diseases, health conditions, or threats to health
with respect to which such declaration was issued.
``(b) Declaration by Secretary.--
``(1) Authority to issue declaration.--Subject to paragraph
(2), if the Secretary makes a determination that a disease or
other health condition or other threat to health constitutes a
public health emergency, or that there is a credible risk
[[Page 119 STAT. 2820]]
that the disease, condition, or threat may in the future
constitute such an emergency, the Secretary may make a
declaration, through publication in the Federal Register,
recommending, under conditions as the Secretary may specify, the
manufacture, testing, development, distribution, administration,
or use of one or more covered countermeasures, and stating that
subsection (a) is in effect with respect to the activities so
recommended.
``(2) Contents.--In issuing a declaration under paragraph
(1), the Secretary shall identify, for each covered
countermeasure specified in the declaration--
``(A) the category or categories of diseases, health
conditions, or threats to health for which the Secretary
recommends the administration or use of the
countermeasure;
``(B) the period or periods during which, including
as modified by paragraph (3), subsection (a) is in
effect, which period or periods may be designated by
dates, or by milestones or other description of events,
including factors specified in paragraph (6);
``(C) the population or populations of individuals
for which subsection (a) is in effect with respect to
the administration or use of the countermeasure (which
may be a specification that such subsection applies
without geographic limitation to all individuals);
``(D) the geographic area or areas for which
subsection (a) is in effect with respect to the
administration or use of the countermeasure (which may
be a specification that such subsection applies without
geographic limitation), including, with respect to
individuals in the populations identified under
subparagraph (C), a specification, as determined
appropriate by the Secretary, of whether the declaration
applies only to individuals physically present in such
areas or whether in addition the declaration applies to
individuals who have a connection to such areas, which
connection is described in the declaration; and
``(E) whether subsection (a) is effective only to a
particular means of distribution as provided in
subsection (a)(5) for obtaining the countermeasure, and
if so, the particular means to which such subsection is
effective.
``(3) Effective period of declaration.--
``(A) Flexibility of period.--The Secretary may, in
describing periods under paragraph (2)(B), have
different periods for different covered persons to
address different logistical, practical or other
differences in responsibilities.
``(B) Additional time to be specified.--In each
declaration under paragraph (1), the Secretary, after
consulting, to the extent the Secretary deems
appropriate, with the manufacturer of the covered
countermeasure, shall also specify a date that is after
the ending date specified under paragraph (2)(B) and
that allows what the Secretary determines is--
``(i) a reasonable period for the manufacturer
to arrange for disposition of the covered
countermeasure, including the return of such
product to the manufacturer; and
[[Page 119 STAT. 2821]]
``(ii) a reasonable period for covered persons
to take such other actions as may be appropriate
to limit administration or use of the covered
countermeasure.
``(C) Additional period for certain strategic
national stockpile countermeasures.--With respect to a
covered countermeasure that is in the stockpile under
section 319F-2, if such countermeasure was the subject
of a declaration under paragraph (1) at the time that it
was obtained for the stockpile, the effective period of
such declaration shall include a period when the
countermeasure is administered or used pursuant to a
distribution or release from the stockpile.
``(4) Amendments to declaration.--The Secretary may through
publication in the Federal Register amend any portion of a
declaration under paragraph (1). Such an amendment shall not
retroactively limit the applicability of subsection (a) with
respect to the administration or use of the covered
countermeasure involved.
``(5) Certain disclosures.--In publishing a declaration
under paragraph (1) in the Federal Register, the Secretary is
not required to disclose any matter described in section 552(b)
of title 5, United States Code.
``(6) Factors to be considered.--In deciding whether and
under what circumstances or conditions to issue a declaration
under paragraph (1) with respect to a covered countermeasure,
the Secretary shall consider the desirability of encouraging the
design, development, clinical testing or investigation,
manufacture, labeling, distribution, formulation, packaging,
marketing, promotion, sale, purchase, donation, dispensing,
prescribing, administration, licensing, and use of such
countermeasure.
``(7) Judicial review.--No court of the United States, or of
any State, shall have subject matter jurisdiction to review,
whether by mandamus or otherwise, any action by the Secretary
under this subsection.
``(8) Preemption of state law.--During the effective period
of a declaration under subsection (b), or at any time with
respect to conduct undertaken in accordance with such
declaration, no State or political subdivision of a State may
establish, enforce, or continue in effect with respect to a
covered countermeasure any provision of law or legal requirement
that--
``(A) is different from, or is in conflict with, any
requirement applicable under this section; and
``(B) relates to the design, development, clinical
testing or investigation, formulation, manufacture,
distribution, sale, donation, purchase, marketing,
promotion, packaging, labeling, licensing, use, any
other aspect of safety or efficacy, or the prescribing,
dispensing, or administration by qualified persons of
the covered countermeasure, or to any matter included in
a requirement applicable to the covered countermeasure
under this section or any other provision of this Act,
or under the Federal Food, Drug, and Cosmetic Act.
``(9) Report to congress.--Within 30 days after making a
declaration under paragraph (1), the Secretary shall submit to
the appropriate committees of the Congress a report that
[[Page 119 STAT. 2822]]
provides an explanation of the reasons for issuing the
declaration and the reasons underlying the determinations of the
Secretary with respect to paragraph (2). Within 30 days after
making an amendment under paragraph (4), the Secretary shall
submit to such committees a report that provides the reasons
underlying the determination of the Secretary to make the
amendment.
``(c) Definition of Willful Misconduct.--
``(1) Definition.--
``(A) In general.--Except as the meaning of such
term is further restricted pursuant to paragraph (2),
the term `willful misconduct' shall, for purposes of
subsection (d), denote an act or omission that is
taken--
``(i) intentionally to achieve a wrongful
purpose;
``(ii) knowingly without legal or factual
justification; and
``(iii) in disregard of a known or obvious
risk that is so great as to make it highly
probable that the harm will outweigh the benefit.
``(B) Rule of construction.--The criterion stated in
subparagraph (A) shall be construed as establishing a
standard for liability that is more stringent than a
standard of negligence in any form or recklessness.
``(2) Authority to promulgate regulatory definition.--
``(A) In general.--The Secretary, in consultation
with the Attorney General, shall promulgate regulations,
which may be promulgated through interim final rules,
that further restrict the scope of actions or omissions
by a covered person that may qualify as `willful
misconduct' for purposes of subsection (d).
``(B) Factors to be considered.--In promulgating the
regulations under this paragraph, the Secretary, in
consultation with the Attorney General, shall consider
the need to define the scope of permissible civil
actions under subsection (d) in a way that will not
adversely affect the public health.
``(C) Temporal scope of regulations.--The
regulations under this paragraph may specify the
temporal effect that they shall be given for purposes of
subsection (d).
``(D) <<NOTE: Deadline.>> Initial rulemaking.--
Within 180 days after the enactment of the Public
Readiness and Emergency Preparedness Act, the Secretary,
in consultation with the Attorney General, shall
commence and complete an initial rulemaking process
under this paragraph.
``(3) Proof of willful misconduct.--In an action under
subsection (d), the plaintiff shall have the burden of proving
by clear and convincing evidence willful misconduct by each
covered person sued and that such willful misconduct caused
death or serious physical injury.
``(4) Defense for acts or omissions taken pursuant to
secretary's declaration.--Notwithstanding any other provision of
law, a program planner or qualified person shall not have
engaged in `willful misconduct' as a matter of law where such
program planner or qualified person acted consistent with
applicable directions, guidelines, or recommendations by the
Secretary regarding the administration or use of a covered
countermeasure that is specified in the declaration
[[Page 119 STAT. 2823]]
under subsection (b), provided either the Secretary, or a State
or local health authority, was provided with notice of
information regarding serious physical injury or death from the
administration or use of a covered countermeasure that is
material to the plaintiff's alleged loss within 7 days of the
actual discovery of such information by such program planner or
qualified person.
``(5) Exclusion for regulated activity of manufacturer or
distributor.--
``(A) In general.--If an act or omission by a
manufacturer or distributor with respect to a covered
countermeasure, which act or omission is alleged under
subsection (e)(3)(A) to constitute willful misconduct,
is subject to regulation by this Act or by the Federal
Food, Drug, and Cosmetic Act, such act or omission shall
not constitute `willful misconduct' for purposes of
subsection (d) if--
``(i) neither the Secretary nor the Attorney
General has initiated an enforcement action with
respect to such act or omission; or
``(ii) such an enforcement action has been
initiated and the action has been terminated or
finally resolved without a covered remedy.
Any action or proceeding under subsection (d) shall be
stayed during the pendency of such an enforcement
action.
``(B) Definitions.--For purposes of this paragraph,
the following terms have the following meanings:
``(i) Enforcement action.--The term
`enforcement action' means a criminal prosecution,
an action seeking an injunction, a seizure action,
a civil monetary proceeding based on willful
misconduct, a mandatory recall of a product
because voluntary recall was refused, a proceeding
to compel repair or replacement of a product, a
termination of an exemption under section 505(i)
or 520(g) of the Federal Food, Drug, and Cosmetic
Act, a debarment proceeding, an investigator
disqualification proceeding where an investigator
is an employee or agent of the manufacturer, a
revocation, based on willful misconduct, of an
authorization under section 564 of such Act, or a
suspension or withdrawal, based on willful
misconduct, of an approval or clearance under
chapter V of such Act or of a licensure under
section 351 of this Act.
``(ii) Covered remedy.--The term `covered
remedy' means an outcome--
``(I) that is a criminal conviction,
an injunction, or a condemnation, a
civil monetary payment, a product
recall, a repair or replacement of a
product, a termination of an exemption
under section 505(i) or 520(g) of the
Federal Food, Drug, and Cosmetic Act, a
debarment, an investigator
disqualification, a revocation of an
authorization under section 564 of such
Act, or a suspension or withdrawal of an
approval or clearance under chapter 5 of
such Act or of a licensure under section
351 of this Act; and
``(II) that results from a final
determination by a court or from a final
agency action.
[[Page 119 STAT. 2824]]
``(iii) Final.--The terms `final' and
`finally'--
``(I) with respect to a court
determination, or to a final resolution
of an enforcement action that is a court
determination, mean a judgment from
which an appeal of right cannot be taken
or a voluntary or stipulated dismissal;
and
``(II) with respect to an agency
action, or to a final resolution of an
enforcement action that is an agency
action, mean an order that is not
subject to further review within the
agency and that has not been reversed,
vacated, enjoined, or otherwise
nullified by a final court determination
or a voluntary or stipulated dismissal.
``(C) Rules of construction.--
``(i) In general.--Nothing in this paragraph
shall be construed--
``(I) to affect the interpretation
of any provision of the Federal Food,
Drug, and Cosmetic Act, of this Act, or
of any other applicable statute or
regulation; or
``(II) to impair, delay, alter, or
affect the authority, including the
enforcement discretion, of the United
States, of the Secretary, of the
Attorney General, or of any other
official with respect to any
administrative or court proceeding under
this Act, under the Federal Food, Drug,
and Cosmetic Act, under title 18 of the
United States Code, or under any other
applicable statute or regulation.
``(ii) Mandatory recalls.--A mandatory recall
called for in the declaration is not a Food and
Drug Administration enforcement action.
``(d) Exception to Immunity of Covered Persons.--
``(1) In general.--Subject to subsection (f), the sole
exception to the immunity from suit and liability of covered
persons set forth in subsection (a) shall be for an exclusive
Federal cause of action against a covered person for death or
serious physical injury proximately caused by willful
misconduct, as defined pursuant to subsection (c), by such
covered person. For purposes of section 2679(b)(2)(B) of title
28, United States Code, such a cause of action is not an action
brought for violation of a statute of the United States under
which an action against an individual is otherwise authorized.
``(2) Persons who can sue.--An action under this subsection
may be brought for wrongful death or serious physical injury by
any person who suffers such injury or by any representative of
such a person.
``(e) Procedures for Suit.--
``(1) <<NOTE: Records. Courts, U.S. District of
Columbia.>> Exclusive federal jurisdiction.--Any action under
subsection (d) shall be filed and maintained only in the United
States District Court for the District of Columbia.
``(2) Governing law.--The substantive law for decision in an
action under subsection (d) shall be derived from the law,
including choice of law principles, of the State in which the
alleged willful misconduct occurred, unless such law is
inconsistent with or preempted by Federal law, including
provisions of this section.
[[Page 119 STAT. 2825]]
``(3) Pleading with particularity.--In an action under
subsection (d), the complaint shall plead with particularity
each element of the plaintiff's claim, including--
``(A) each act or omission, by each covered person
sued, that is alleged to constitute willful misconduct
relating to the covered countermeasure administered to
or used by the person on whose behalf the complaint was
filed;
``(B) facts supporting the allegation that such
alleged willful misconduct proximately caused the injury
claimed; and
``(C) facts supporting the allegation that the
person on whose behalf the complaint was filed suffered
death or serious physical injury.
``(4) Verification, certification, and medical records.--
``(A) In general.--In an action under subsection
(d), the plaintiff shall verify the complaint in the
manner stated in subparagraph (B) and shall file with
the complaint the materials described in subparagraph
(C). A complaint that does not substantially comply with
subparagraphs (B) and (C) shall not be accepted for
filing and shall not stop the running of the statute of
limitations.
``(B) Verification requirement.--
``(i) In general.--The complaint shall include
a verification, made by affidavit of the plaintiff
under oath, stating that the pleading is true to
the knowledge of the deponent, except as to
matters specifically identified as being alleged
on information and belief, and that as to those
matters the plaintiff believes it to be true.
``(ii) Identification of matters alleged upon
information and belief.--Any matter that is not
specifically identified as being alleged upon the
information and belief of the plaintiff, shall be
regarded for all purposes, including a criminal
prosecution, as having been made upon the
knowledge of the plaintiff.
``(C) Materials required.--In an action under
subsection (d), the plaintiff shall file with the
complaint--
``(i) an affidavit, by a physician who did not
treat the person on whose behalf the complaint was
filed, certifying, and explaining the basis for
such physician's belief, that such person suffered
the serious physical injury or death alleged in
the complaint and that such injury or death was
proximately caused by the administration or use of
a covered countermeasure; and
``(ii) certified medical records documenting
such injury or death and such proximate causal
connection.
``(5) Three-judge court.--Any action under subsection (d)
shall be assigned initially to a panel of three judges. Such
panel shall have jurisdiction over such action for purposes of
considering motions to dismiss, motions for summary judgment,
and matters related thereto. If such panel has denied such
motions, or if the time for filing such motions has expired,
such panel shall refer the action to the chief judge for
assignment for further proceedings, including any trial. Section
1253 of title 28, United States Code, and paragraph (3) of
subsection
[[Page 119 STAT. 2826]]
(b) of section 2284 of title 28, United States Code, shall not
apply to actions under subsection (d).
``(6) Civil discovery.--
``(A) Timing.--In an action under subsection (d), no
discovery shall be allowed--
``(i) before each covered person sued has had
a reasonable opportunity to file a motion to
dismiss;
``(ii) in the event such a motion is filed,
before the court has ruled on such motion; and
``(iii) in the event a covered person files an
interlocutory appeal from the denial of such a
motion, before the court of appeals has ruled on
such appeal.
``(B) Standard.--Notwithstanding any other provision
of law, the court in an action under subsection (d)
shall permit discovery only with respect to matters
directly related to material issues contested in such
action, and the court shall compel a response to a
discovery request (including a request for admission, an
interrogatory, a request for production of documents, or
any other form of discovery request) under Rule 37,
Federal Rules of Civil Procedure, only if the court
finds that the requesting party needs the information
sought to prove or defend as to a material issue
contested in such action and that the likely benefits of
a response to such request equal or exceed the burden or
cost for the responding party of providing such
response.
``(7) Reduction in award of damages for collateral source
benefits.--
``(A) In general.--In an action under subsection
(d), the amount of an award of damages that would
otherwise be made to a plaintiff shall be reduced by the
amount of collateral source benefits to such plaintiff.
``(B) Provider of collateral source benefits not to
have lien or subrogation.--No provider of collateral
source benefits shall recover any amount against the
plaintiff or receive any lien or credit against the
plaintiff's recovery or be equitably or legally
subrogated to the right of the plaintiff in an action
under subsection (d).
``(C) Collateral source benefit defined.--For
purposes of this paragraph, the term `collateral source
benefit' means any amount paid or to be paid in the
future to or on behalf of the plaintiff, or any service,
product, or other benefit provided or to be provided in
the future to or on behalf of the plaintiff, as a result
of the injury or wrongful death, pursuant to--
``(i) any State or Federal health, sickness,
income-disability, accident, or workers'
compensation law;
``(ii) any health, sickness, income-
disability, or accident insurance that provides
health benefits or income-disability coverage;
``(iii) any contract or agreement of any
group, organization, partnership, or corporation
to provide, pay for, or reimburse the cost of
medical, hospital, dental, or income disability
benefits; or
``(iv) any other publicly or privately funded
program.
[[Page 119 STAT. 2827]]
``(8) Noneconomic damages.--In an action under subsection
(d), any noneconomic damages may be awarded only in an amount
directly proportional to the percentage of responsibility of a
defendant for the harm to the plaintiff. For purposes of this
paragraph, the term `noneconomic damages' means damages for
losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium, hedonic damages, injury to
reputation, and any other nonpecuniary losses.
``(9) Rule 11 sanctions.--Whenever a district court of the
United States determines that there has been a violation of Rule
11 of the Federal Rules of Civil Procedure in an action under
subsection (d), the court shall impose upon the attorney, law
firm, or parties that have violated Rule 11 or are responsible
for the violation, an appropriate sanction, which may include an
order to pay the other party or parties for the reasonable
expenses incurred as a direct result of the filing of the
pleading, motion, or other paper that is the subject of the
violation, including a reasonable attorney's fee. Such sanction
shall be sufficient to deter repetition of such conduct or
comparable conduct by others similarly situated, and to
compensate the party or parties injured by such conduct.
``(10) Interlocutory appeal.--The United States Court of
Appeals for the District of Columbia Circuit shall have
jurisdiction of an interlocutory appeal by a covered person
taken within 30 days of an order denying a motion to dismiss or
a motion for summary judgment based on an assertion of the
immunity from suit conferred by subsection (a) or based on an
assertion of the exclusion under subsection (c)(5).
``(f) Actions by and Against the United States.--Nothing in this
section shall be construed to abrogate or limit any right, remedy, or
authority that the United States or any agency thereof may possess under
any other provision of law or to waive sovereign immunity or to abrogate
or limit any defense or protection available to the United States or its
agencies, instrumentalities, officers, or employees under any other law,
including any provision of chapter 171 of title 28, United States Code
(relating to tort claims procedure).
``(g) Severability.--If any provision of this section, or the
application of such provision to any person or circumstance, is held to
be unconstitutional, the remainder of this section and the application
of such remainder to any person or circumstance shall not be affected
thereby.
``(h) Rule of Construction Concerning National Vaccine Injury
Compensation Program.--Nothing in this section, or any amendment made by
the Public Readiness and Emergency Preparedness Act, shall be construed
to affect the National Vaccine Injury Compensation Program under title
XXI of this Act.
``(i) Definitions.--In this section:
``(1) Covered countermeasure.--The term `covered
countermeasure' means--
``(A) a qualified pandemic or epidemic product (as
defined in paragraph (7));
``(B) a security countermeasure (as defined in
section 319F-2(c)(1)(B)); or
[[Page 119 STAT. 2828]]
``(C) a drug (as such term is defined in section
201(g)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(g)(1)), biological product (as such term
is defined by section 351(i) of this Act), or device (as
such term is defined by section 201(h) of the Federal
Food, Drug and Cosmetic Act (21 U.S.C. 321(h)) that is
authorized for emergency use in accordance with section
564 of the Federal Food, Drug, and Cosmetic Act.
``(2) Covered person.--The term `covered person', when used
with respect to the administration or use of a covered
countermeasure, means--
``(A) the United States; or
``(B) a person or entity that is--
``(i) a manufacturer of such countermeasure;
``(ii) a distributor of such countermeasure;
``(iii) a program planner of such
countermeasure;
``(iv) a qualified person who prescribed,
administered, or dispensed such countermeasure; or
``(v) an official, agent, or employee of a
person or entity described in clause (i), (ii),
(iii), or (iv).
``(3) Distributor.--The term `distributor' means a person or
entity engaged in the distribution of drugs, biologics, or
devices, including but not limited to manufacturers; repackers;
common carriers; contract carriers; air carriers; own-label
distributors; private-label distributors; jobbers; brokers;
warehouses, and wholesale drug warehouses; independent wholesale
drug traders; and retail pharmacies.
``(4) Manufacturer.--The term `manufacturer' includes--
``(A) a contractor or subcontractor of a
manufacturer;
``(B) a supplier or licenser of any product,
intellectual property, service, research tool, or
component or other article used in the design,
development, clinical testing, investigation, or
manufacturing of a covered countermeasure; and
``(C) any or all of the parents, subsidiaries,
affiliates, successors, and assigns of a manufacturer.
``(5) Person.--The term `person' includes an individual,
partnership, corporation, association, entity, or public or
private corporation, including a Federal, State, or local
government agency or department.
``(6) Program planner.--The term `program planner' means a
State or local government, including an Indian tribe, a person
employed by the State or local government, or other person who
supervised or administered a program with respect to the
administration, dispensing, distribution, provision, or use of a
security countermeasure or a qualified pandemic or epidemic
product, including a person who has established requirements,
provided policy guidance, or supplied technical or scientific
advice or assistance or provides a facility to administer or use
a covered countermeasure in accordance with a declaration under
subsection (b).
``(7) Qualified pandemic or epidemic product.--The term
`qualified pandemic or epidemic product' means a drug (as such
term is defined in section 201(g)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(g)(1)), biological product (as
such term is defined by section 351(i) of this Act), or
[[Page 119 STAT. 2829]]
device (as such term is defined by section 201(h) of the Federal
Food, Drug and Cosmetic Act (21 U.S.C. 321(h)) that is--
``(A)(i) a product manufactured, used, designed,
developed, modified, licensed, or procured--
``(I) to diagnose, mitigate, prevent, treat,
or cure a pandemic or epidemic; or
``(II) to limit the harm such pandemic or
epidemic might otherwise cause; or
``(ii) a product manufactured, used, designed,
developed, modified, licensed, or procured to diagnose,
mitigate, prevent, treat, or cure a serious or life-
threatening disease or condition caused by a product
described in clause (i); and
``(B)(i) approved or cleared under chapter V of the
Federal Food, Drug, and Cosmetic Act or licensed under
section 351 of this Act;
``(ii) the object of research for possible use as
described by subparagraph (A) and is the subject of an
exemption under section 505(i) or 520(g) of the Federal
Food, Drug, and Cosmetic Act; or
``(iii) authorized for emergency use in accordance
with section 564 of the Federal Food, Drug, and Cosmetic
Act.
``(8) Qualified person.--The term `qualified person', when
used with respect to the administration or use of a covered
countermeasure, means--
``(A) a licensed health professional or other
individual who is authorized to prescribe, administer,
or dispense such countermeasures under the law of the
State in which the countermeasure was prescribed,
administered, or dispensed; or
``(B) a person within a category of persons so
identified in a declaration by the Secretary under
subsection (b).
``(9) Security countermeasure.--The term `security
countermeasure' has the meaning given such term in section 319F-
2(c)(1)(B).
``(10) Serious physical injury.--The term `serious physical
injury' means an injury that--
``(A) is life threatening;
``(B) results in permanent impairment of a body
function or permanent damage to a body structure; or
``(C) necessitates medical or surgical intervention
to preclude permanent impairment of a body function or
permanent damage to a body structure.''.
SEC. 3. COVERED COUNTERMEASURE PROCESS.
Part B of title III of the Public Health Service Act is further
amended by inserting after section 319F-3 (as added by section 2) the
following new section:
``SEC. 319F-4. <<NOTE: 42 USC 247d-6e.>> COVERED COUNTERMEASURE PROCESS.
``(a) Establishment of Fund.--Upon the issuance by the Secretary of
a declaration under section 319F-3(b), there is hereby established in
the Treasury an emergency fund designated as the `Covered Countermeasure
Process Fund' for purposes of providing timely, uniform, and adequate
compensation to eligible individuals for covered injuries directly
caused by the administration or use of a covered countermeasure pursuant
to such declaration, which
[[Page 119 STAT. 2830]]
Fund shall consist of such amounts designated as emergency
appropriations under section 402 of H. Con. Res. 95 of the 109th
Congress, this emergency designation shall remain in effect through
October 1, 2006.
``(b) Payment of Compensation.--
``(1) In general.--If the Secretary issues a declaration
under 319F-3(b), the Secretary shall, after amounts have by law
been provided for the Fund under subsection (a), provide
compensation to an eligible individual for a covered injury
directly caused by the administration or use of a covered
countermeasure pursuant to such declaration.
``(2) Elements of compensation.--The compensation that shall
be provided pursuant to paragraph (1) shall have the same
elements, and be in the same amount, as is prescribed by
sections 264, 265, and 266 in the case of certain individuals
injured as a result of administration of certain countermeasures
against smallpox, except that section 266(a)(2)(B) shall not
apply.
``(3) Rule of construction.--Neither reasonable and
necessary medical benefits nor lifetime total benefits for lost
employment income due to permanent and total disability shall be
limited by section 266.
``(4) Determination of eligibility and compensation.--Except
as provided in this section, the procedures for determining, and
for reviewing a determination of, whether an individual is an
eligible individual, whether such individual has sustained a
covered injury, whether compensation may be available under this
section, and the amount of such compensation shall be those
stated in section 262 (other than in subsection (d)(2) of such
section), in regulations issued pursuant to that section, and in
such additional or alternate regulations as the Secretary may
promulgate for purposes of this section. In making
determinations under this section, other than those described in
paragraph (5)(A) as to the direct causation of a covered injury,
the Secretary may only make such determination based on
compelling, reliable, valid, medical and scientific evidence.
``(5) Covered countermeasure injury table.--
``(A) <<NOTE: Regulations.>> In general.--The
Secretary shall by regulation establish a table
identifying covered injuries that shall be presumed to
be directly caused by the administration or use of a
covered countermeasure and the time period in which the
first symptom or manifestation of onset of each such
adverse effect must manifest in order for such
presumption to apply. The Secretary may only identify
such covered injuries, for purpose of inclusion on the
table, where the Secretary determines, based on
compelling, reliable, valid, medical and scientific
evidence that administration or use of the covered
countermeasure directly caused such covered injury.
``(B) Amendments.--The provisions of section 263
(other than a provision of subsection (a)(2) of such
section that relates to accidental vaccinia inoculation)
shall apply to the table established under this section.
``(C) Judicial review.--No court of the United
States, or of any State, shall have subject matter
jurisdiction to
[[Page 119 STAT. 2831]]
review, whether by mandamus or otherwise, any action by
the Secretary under this paragraph.
``(6) Meanings of terms.--In applying sections 262, 263,
264, 265, and 266 for purposes of this section--
``(A) the terms `vaccine' and `smallpox vaccine'
shall be deemed to mean a covered countermeasure;
``(B) the terms `smallpox vaccine injury table' and
`table established under section 263' shall be deemed to
refer to the table established under paragraph (4); and
``(C) other terms used in those sections shall have
the meanings given to such terms by this section.
``(c) Voluntary Program.--The Secretary shall ensure that a State,
local, or Department of Health and Human Services plan to administer or
use a covered countermeasure is consistent with any declaration under
319F-3 and any applicable guidelines of the Centers for Disease Control
and Prevention and that potential participants are educated with respect
to contraindications, the voluntary nature of the program, and the
availability of potential benefits and compensation under this part.
``(d) Exhaustion; Exclusivity; Election.--
``(1) Exhaustion.--Subject to paragraph (5), a covered
individual may not bring a civil action under section 319F-3(d)
against a covered person (as such term is defined in section
319F-3(i)(2)) unless such individual has exhausted such remedies
as are available under subsection (a), except that if amounts
have not by law been provided for the Fund under subsection (a),
or if the Secretary fails to make a final determination on a
request for benefits or compensation filed in accordance with
the requirements of this section within 240 days after such
request was filed, the individual may seek any remedy that may
be available under section 319F-3(d).
``(2) Tolling of statute of limitations.--The time limit for
filing a civil action under section 319F-3(d) for an injury or
death shall be tolled during the pendency of a claim for
compensation under subsection (a).
``(3) Rule of construction.--This section shall not be
construed as superseding or otherwise affecting the application
of a requirement, under chapter 171 of title 28, United States
Code, to exhaust administrative remedies.
``(4) Exclusivity.--The remedy provided by subsection (a)
shall be exclusive of any other civil action or proceeding for
any claim or suit this section encompasses, except for a
proceeding under section 319F-3.
``(5) Election.--If under subsection (a) the Secretary
determines that a covered individual qualifies for compensation,
the individual has an election to accept the compensation or to
bring an action under section 319F-3(d). If such individual
elects to accept the compensation, the individual may not bring
such an action.
``(e) Definitions.--For purposes of this section, the following
terms shall have the following meanings:
``(1) Covered countermeasure.--The term `covered
countermeasure' has the meaning given such term in section 319F-
3.
``(2) Covered individual.--The term `covered individual',
with respect to administration or use of a covered
countermeasure pursuant to a declaration, means an individual--
[[Page 119 STAT. 2832]]
``(A) who is in a population specified in such
declaration, and with respect to whom the administration
or use of the covered countermeasure satisfies the other
specifications of such declaration; or
``(B) who uses the covered countermeasure, or to
whom the covered countermeasure is administered, in a
good faith belief that the individual is in the category
described by subparagraph (A).
``(3) Covered injury.--The term `covered injury' means
serious physical injury or death.
``(4) Declaration.--The term `declaration' means a
declaration under section 319F-3(b).
``(5) Eligible individual.--The term `eligible individual'
means an individual who is determined, in accordance with
subsection (b), to be a covered individual who sustains a
covered injury.''.
This Act may be cited as the ``Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006''.
Approved December 30, 2005.
LEGISLATIVE HISTORY--H.R. 2863:
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HOUSE REPORTS: Nos. 109-119 (Comm. on Appropriations) and 109-359
(Comm. of Conference).
SENATE REPORTS: No. 109-141 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 20, considered and passed House.
Sept. 29, 30, Oct. 3-7, considered and passed Senate,
amended.
Dec. 19, House agreed to conference report.
Dec. 21, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Dec. 30, Presidential statement.
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