[109th Congress Public Law 234]
[From the U.S. Government Printing Office]
[DOCID: f:publ234.109]
[[Page 417]]
EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON
TERROR, AND HURRICANE RECOVERY, 2006
[[Page 120 STAT. 418]]
Public Law 109-234
109th Congress
An Act
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes. <<NOTE: June 15,
2006 - [H.R. 4939]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 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, and for
other purposes, namely:
TITLE I
GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
public law 480 title ii grants
For an additional amount for ``Public Law 480 Title II Grants'',
during the current fiscal year, not otherwise recoverable, and
unrecovered prior years' costs, including interest thereon, under the
Agricultural Trade Development and Assistance Act of 1954, for
commodities supplied in connection with dispositions abroad under title
II of said Act, $350,000,000, to remain available until expended:
Provided, That from this amount, to the maximum extent possible, funding
shall be used to support the previously approved fiscal year 2006
programs under section 204(a)(2) of the Agricultural Trade Development
and Assistance Act of 1954: Provided further, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 419]]
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$6,587,473,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,321,474,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$840,872,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,155,713,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$140,570,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$110,712,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$10,627,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant
[[Page 120 STAT. 420]]
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$1,940,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$111,550,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $1,200,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$17,744,410,000: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$2,696,693,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,639,911,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $5,576,257,000: Provided, That the amount provided under this
heading is designated as an emergency requirement
[[Page 120 STAT. 421]]
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,830,677,000, of which--
(1) not to exceed $25,000,000 may be used for the Combatant
Commander Initiative Fund, to be used in support of Operation
Iraqi Freedom and Operation Enduring Freedom;
(2) not to exceed $5,000,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of Defense, and payments may be made
on his certificate of necessity for confidential military
purposes;
(3) not to exceed $740,000,000, to remain available until
expended, may be used for payments to reimburse Pakistan,
Jordan, and other key cooperating nations, for logistical,
military, and other support provided, or to be provided, to
United States military operations, notwithstanding any other
provision of law:
Provided, <<NOTE: Notification. Deadline.>> That such payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation determined
by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive
upon the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, <<NOTE: Reports.>> That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided in
this paragraph; and
(4) up to $75,000,000 shall be transferred to the Coast
Guard ``Operating Expenses'' account:
Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $100,100,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $78,509,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
[[Page 120 STAT. 422]]
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $87,875,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $18,563,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $178,600,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $30,400,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Former Soviet Union Threat Reduction Account
For an additional amount for ``Former Soviet Union Threat Reduction
Account'', $44,500,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Afghanistan Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Afghanistan Security Forces Fund'', $1,908,133,000, to
remain available until September 30, 2007: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Office of Security Cooperation--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the provision
of equipment, supplies, services, training, facility and infrastructure
repair, renovation, and construction, and funding: Provided further,
That the authority to provide assistance under this heading is in
addition to any other authority to provide assistance to foreign
nations: Provided further, That the Secretary of Defense may transfer
such funds to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test
[[Page 120 STAT. 423]]
and evaluation; and defense working capital funds to accomplish the
purposes provided herein: Provided further, That this transfer authority
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a determination that
all or part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That
contributions of funds for the purposes provided herein from any person,
foreign government, or international organization may be credited to
this Fund, and used for such purposes: Provided
further, <<NOTE: Notification.>> That the Secretary shall notify the
congressional defense committees in writing upon the receipt and upon
the transfer of any contribution delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided
further, <<NOTE: Deadline. Notification.>> That the Secretary of Defense
shall, not fewer than five days prior to making transfers from this
appropriation account, notify the congressional defense committees in
writing of the details of any such transfer: Provided
further, <<NOTE: Reports. Deadline.>> That the Secretary shall submit a
report no later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the transfer
of funds from this appropriation: Provided further, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Iraq Security Forces Fund'', $3,007,000,000, to remain
available until September 30, 2007: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command--Iraq, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq, including the provision of equipment,
supplies, services, training, facility and infrastructure repair,
renovation, and construction, and funding: Provided further, That the
authority to provide assistance under this heading is in addition to any
other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds to
appropriations for military personnel; operation and maintenance;
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purposes provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That upon a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That contributions of funds for the purposes provided herein from any
person, foreign government, or international organization may be
credited to this Fund, and used for such purposes: Provided
further, <<NOTE: Notification.>> That the Secretary shall notify the
congressional defense committees in writing upon the receipt and upon
the transfer of any contribution delineating the sources and
[[Page 120 STAT. 424]]
amounts of the funds received and the specific use of such
contributions: Provided further, <<NOTE: Deadline. Notification.>> That
the Secretary of Defense shall, not fewer than five days prior to making
transfers from this appropriation account, notify the congressional
defense committees in writing of the details of any such transfer:
Provided further, <<NOTE: Reports. Deadline.>> That the Secretary shall
submit a report no later than 30 days after the end of each fiscal
quarter to the congressional defense committees summarizing the details
of the transfer of funds from this appropriation: Provided further, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Joint Improvised Explosive Device Defeat Fund
(Including Transfer of Funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$1,958,089,000, to remain available until September 30, 2008: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, <<NOTE: Deadline.>> That within 60 days of the enactment of
this Act, a plan for the intended management and use of the Fund is
provided to the congressional
defense <<NOTE: Reports. Deadline.>> committees: Provided further, That
the Secretary of Defense shall submit a report not later than 30 days
after the end of each fiscal quarter to the congressional defense
committees providing assessments of the evolving threats, individual
service requirements to counter the threats, the current strategy for
predeployment training of members of the Armed Forces on improvised
explosive devices, and details on the execution of this Fund: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That upon determination that all or part of the funds
so transferred from this appropriation are not necessary for the purpose
provided herein, such amounts may be transferred back to this
appropriation: Provided further, <<NOTE: Notification. Deadline.>> That
the Secretary of Defense shall, not fewer than 5 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer: Provided
further, That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 425]]
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$345,000,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$203,300,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,767,451,000, to remain available until
September 30, 2008: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$829,679,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$5,819,645,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$516,869,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 426]]
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$55,200,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $323,256,000, to remain available until September 30,
2008: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$54,640,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$2,577,467,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$674,815,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $29,047,000, to remain available until September 30, 2008:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$1,500,591,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated
[[Page 120 STAT. 427]]
as an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$331,353,000, to remain available until September 30, 2008: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $54,700,000, to remain available until September 30,
2007: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $124,845,000, to remain available until September
30, 2007: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $382,630,000, to remain available until
September 30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $148,551,000, to remain available until
September 30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$516,700,000: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to
[[Page 120 STAT. 428]]
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,153,562,000 for operation and maintenance: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $150,470,000, to remain available until expended:
Provided, That these funds may be used only for such activities related
to Afghanistan and the Central Asia area: Provided further, That the
Secretary of Defense may transfer such funds only to appropriations for
military personnel; operation and maintenance; procurement; and
research, development, test and evaluation: Provided further, That the
funds transferred shall be merged with and be available for the same
purposes and for the same time period as the appropriation to which
transferred: Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority available
to the Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$5,000,000, to remain available until September 30, 2007: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for the ``Intelligence Community Management
Account'', $158,875,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
[[Page 120 STAT. 429]]
GENERAL PROVISIONS--THIS CHAPTER
(Transfer of Funds)
Sec. 1201. Upon his determination that such action is necessary in
the national interest, the Secretary of Defense may transfer between
appropriations up to $2,000,000,000 of the funds made available to the
Department of Defense <<NOTE: Notification.>> in this chapter: Provided,
That the Secretary shall notify the Congress promptly of each transfer
made pursuant to this authority: Provided further, That the transfer
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense: Provided further, That
the authority in this section is subject to the same terms and
conditions as the authority provided in section 8005 of the Department
of Defense Appropriations Act, 2006, except for the fourth proviso.
(Transfer of Funds)
Sec. 1202. Section 8005 of the Department of Defense Appropriations
Act, 2006, (Public Law 109-148; <<NOTE: 119 Stat. 2697.>> 119 Stat.
2680), is amended by striking ``$3,750,000,000'' and inserting
``$5,000,000,000'': Provided, That funds previously transferred among
appropriations under the authority of section 8005 of Public Law 109-148
pursuant to reprogramming action 06-13PA may be restored to their source
appropriations accounts: Provided further, That transfers made pursuant
to reprogramming action 06-13PA and transfers back under this section
shall not be taken into account for purposes of the limitation on the
amount of funds that may be transferred under section 8005: Provided
further, That the amount made available by the transfer of funds in or
pursuant to this section is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
(Transfer of Funds)
Sec. 1203. During fiscal year 2006 and from funds in the Defense
Cooperation Account, the Secretary of Defense may transfer not to exceed
$5,800,000 to such appropriations or funds of the Department of Defense
as he shall determine for use consistent with the purposes for which
such funds were contributed and accepted: Provided, That such amounts
shall be available for the same time period as the appropriation to
which transferred: Provided further, That the amount made available by
the transfer of funds in or pursuant to this section is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Sec. 1204. Section 1005(c)(2) of the National Defense Authorization
Act, Fiscal Year 2006 (Public Law 109-163) <<NOTE: 119 Stat. 3421.>> is
amended by striking ``$289,447,000'' and inserting ``$345,547,000''.
Sec. 1205. (a) Authority to Provide Support.--Of the amount
appropriated by this Act under the heading, ``Drug Interdiction and
Counter-Drug Activities, Defense'', not to exceed $22,200,000 may be
made available for support for counter-drug activities of the
Governments of Afghanistan and Pakistan: Provided, That such support
shall be in addition to support provided
[[Page 120 STAT. 430]]
for the counter-drug activities of such Governments under any other
provision of the law.
(b) Types of Support.--
(1) <<NOTE: Applicability.>> Except as specified in
subsections (b)(2) and (b)(3) of this section, the support that
may be provided under the authority in this section shall be
limited to the types of support specified in section 1033(c)(1)
of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85, as amended by Public Law 106-398 and Public
Law 108-136), and conditions on the provision of support as
contained in section 1033 shall apply for fiscal year 2006.
(2) The Secretary of Defense may transfer vehicles,
aircraft, and detection, interception, monitoring and testing
equipment to said Governments for counter-drug activities.
(3) For the Government of Afghanistan, the Secretary of
Defense may also provide individual and crew-served weapons, and
ammunition for counter-drug security forces.
Sec. 1206. <<NOTE: 10 USC 2208 note.>> Notwithstanding 10 U.S.C.
2208(l), the total amount of advance billings rendered or imposed for
all working capital funds of the Department of Defense in fiscal year
2006 shall not exceed $1,200,000,000: Provided, That the amounts made
available pursuant to this section are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Sec. 1207. In addition to amounts authorized in section 1202(a) of
Public Law 109-163, from funds made available in this chapter to the
Department of Defense, not to exceed $423,000,000 may be used to fund
the Commander's Emergency Response Program and for a similar program to
assist the people of Afghanistan, to remain available until December 31,
2007.
Sec. 1208. Supervision and administration costs associated with a
construction project funded with ``Afghanistan Security Forces Fund'' or
``Iraq Security Forces Fund'' appropriations may be obligated at the
time a construction contract is awarded: Provided, That for the purpose
of this section, supervision and administration costs include all in-
house Government costs.
Sec. 1209. None of the funds provided in this chapter may be used to
finance programs or activities denied by Congress in fiscal year 2005
and 2006 appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new start
program without prior written notification to the congressional defense
committees.
Sec. 1210. <<NOTE: Effective date.>> Effective as of January 6,
2006, and as if included in the enactment of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163), subsection
(d)(2) of section 1478 of title 10, United States Code, as added by
section 664(b) of such Act (119 Stat. 3316), <<NOTE: 10 USC 1478 and
note.>> is amended by striking ``May 11, 2005'' and inserting ``August
31, 2005''.
(rescissions)
Sec. 1211. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Missile Procurement, Air Force, 2006/2008'', $80,000,000;
``Other Procurement, Air Force, 2005/2007'', $39,400,000.
Sec. 1212. (a) Sense of Congress.--Congress recognizes the
importance of ensuring that absent uniformed services voters,
[[Page 120 STAT. 431]]
Department of Defense personnel, and their dependents have the
opportunity to exercise their right to vote.
(b) IVAS Ballot Request Program.--
(1) The Interim Voting Assistance System (IVAS) Ballot
Request Program shall be continued with respect to all absent
uniformed services voters, Department of Defense personnel, and
dependents covered by the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) with the
objective to further improve ballot request procedures and
voting assistance with respect to such persons.
(2) <<NOTE: Deadline. Reports.>> Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report on the status of the program referred to in paragraph
(1), including an accounting of the utilization of funds
available for the program under subsection (c).
(c) Funding.--Of the amounts provided by this chapter, $2,500,000
shall be available for the program referred to in subsection (b).
Sec. 1213. (a) Findings.--The Senate makes the following findings:
(1) Title IX of the Department of Defense Appropriations
Act, 2006 (division A of Public Law 109-148) appropriated
$50,000,000,000 for the cost of ongoing military operations
overseas in fiscal year 2006, although those funds were not
requested by the President.
(2) The President on February 16, 2006, submitted to
Congress a request for supplemental appropriations in the amount
of $67,600,000,000 for ongoing military operations in fiscal
year 2006, none of which supplemental appropriations was
included in the concurrent resolution on the budget for fiscal
year 2006, as agreed to in the Senate on April 28, 2005.
(3) The President on February 6, 2006, included a
$50,000,000,000 allowance for ongoing military operations in
fiscal year 2007, but did not formally request the funds or
provide any detail on how the allowance may be used.
(4) The concurrent resolution on the budget for fiscal year
2007, as agreed to in the Senate on March 16, 2007, anticipates
as much as $86,300,000,000 in emergency spending in fiscal year
2007, indicating that the Senate expects to take up another
supplemental appropriations bill to fund ongoing military
operations during fiscal year 2007.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) any request for funds for a fiscal year after fiscal
year 2007 for ongoing military operations in Afghanistan and
Iraq should be included in the annual budget of the President
for such fiscal year as submitted to Congress under section
1105(a) of title 31, United States Code;
(2) any request for funds for such a fiscal year for ongoing
military operations should provide an estimate of all funds
required in that fiscal year for such operations;
(3) any request for funds for ongoing military operations
should include a detailed justification of the anticipated use
of such funds for such operations; and
(4) any funds provided for ongoing military operations
overseas should be provided in appropriations Acts for such
fiscal
[[Page 120 STAT. 432]]
year through appropriations to specific accounts set forth in
such appropriations Acts.
CHAPTER 3
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
Child Survival and Health Programs Fund
For an additional amount for ``Child Survival and Health Programs
Fund'', $7,800,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
Development Assistance
For an additional amount for ``Development Assistance'',
$16,500,000, to remain available until September 30, 2007: Provided,
That of the funds appropriated under this heading, $6,000,000 shall be
made available for assistance for Guatemala for relief and
reconstruction activities related to Hurricane Stan: Provided further,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
International Disaster and Famine Assistance
(Including Transfer of Funds)
For an additional amount for ``International Disaster and Famine
Assistance'', $161,300,000, to remain available until expended, of which
up to $80,000 may be transferred to and merged with ``Operating Expenses
of the United States Agency for International Development'', for
associated administrative costs: Provided, That the amounts provided
under this heading are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operating Expenses of the United States Agency for International
Development
For an additional amount for ``Operating Expenses of the United
States Agency for International Development'', $101,000,000, to remain
available until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 433]]
OTHER BILATERAL ECONOMIC ASSISTANCE
Economic Support Fund
(Including Transfer of Funds)
For an additional amount for ``Economic Support Fund'',
$1,686,000,000, to remain available until September 30, 2007, of which
up to $11,000,000 may be used for the costs, as defined in section 502
of the Congressional Budget Act of 1974, of modifying direct loans and
guarantees for Afghanistan or otherwise of reducing any amounts owed to
the United States or any agency of the United States by Afghanistan:
Provided, That such amounts for the costs of modifying direct loans and
guarantees shall not be considered ``assistance'' for the purposes of
any provision of law limiting assistance to a country: Provided further,
That the last proviso under the heading ``Economic Support Fund'' in
title II of Public Law 109-102 and comparable provisions in prior Acts
making appropriations for foreign operations, export financing, and
related programs shall no longer be applicable to funds appropriated
under such heading in this Act or any prior Act: Provided further, That
of the funds available under this heading for assistance for
Afghanistan, $5,000,000 shall be made available for agriculture and
rural development programs in Afghanistan to be administered through a
national consortium of agriculture colleges and land-grant universities:
Provided further, That of the funds available under this heading for
assistance for Iraq, not less than $50,000,000 shall be made available
to the United States Agency for International Development for continued
support for its Community Action Program in Iraq, of which not less than
$5,000,000 shall be transferred to and merged with funds appropriated
under the heading ``Iraq Relief and Reconstruction Fund'' in chapter 2
of title II of Public Law 108-106 and shall be made available for the
Marla Ruzicka Iraqi War Victims Fund: Provided further, That of the
funds made available under this heading for assistance for Iraq, not
less than $50,000,000 shall be made available for programs and
activities to promote democracy, the rule of law and reconciliation:
Provided further, <<NOTE: Notification.>> That funds appropriated under
this heading that are made available for police and judicial reform in
Haiti shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the amounts
provided under this heading are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF STATE
Democracy Fund
For an additional amount for ``Democracy Fund'', $22,500,000, of
which $20,000,000 shall be made available for programs and activities
promoting democracy in Iran and of which $2,500,000 shall be made
available for assistance for the Democratic Republic of the Congo, to
remain available until September 30, 2007: Provided, That funds
appropriated under this heading shall be made available notwithstanding
any other provision of law, and those funds made available to promote
democracy in Iran shall be
[[Page 120 STAT. 434]]
administered by the Middle East Partnership Initiative, in consultation
with the Bureau of Democracy, Human Rights, and Labor of the Department
of State: Provided further, <<NOTE: Notification.>> That funds made
available under this heading in this Act shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
International Narcotics Control and Law Enforcement
(including transfer of funds)
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $107,700,000, to remain available until September 30,
2008: Provided, That of the funds appropriated under this heading, not
less than $3,300,000 shall be made available for assistance for the
Peace and Justice Unit of the Colombian Fiscalia notwithstanding section
599E of Public Law 109-102: Provided further, That of the funds
appropriated under this heading, up to $13,000,000 is available for
procurement of a maritime patrol aircraft for the Colombian Navy and may
be transferred to and merged with funds previously appropriated to the
``Foreign Military Financing Program'' to finance such procurement:
Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee Assistance'',
$75,700,000, to remain available until September 30, 2007: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF THE TREASURY
International Affairs Technical Assistance
For an additional amount for ``International Affairs Technical
Assistance'', $13,000,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$178,000,000, to remain available until September 30, 2007: Provided,
That the amount provided under this heading is designated
[[Page 120 STAT. 435]]
as an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1301. Funds appropriated or made available by transfer in this
chapter may be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956 and section 10 of Public
Law 91-672 (22 U.S.C. 2412).
Sec. 1302. (a) Notwithstanding any other provision of law, amounts
under the heading ``Iraq Relief and Reconstruction Fund'' in title II of
Public Law 108-106 shall remain available for one additional year from
the date on which the availability of funds would otherwise have
expired, if such funds are initially obligated before the expiration of
the period of availability provided herein: Provided, <<NOTE: Expiration
date. 22 USC 2151 note.>> That notwithstanding section 2207(d) of Public
Law 108-106, requirements of section 2207 of Public Law 108-106 shall
expire on October 1, 2008.
(b) Chapter 2 of title II of Public Law 108-106 (117 Stat. 1225-
1226), as amended by Public Law 108-309 (118 Stat. 1142-1143), is
further amended under the heading ``Iraq Relief and Reconstruction
Fund'' by--
(1) striking ``$5,090,000,000'' and inserting
``$5,036,000,000'' for security and law enforcement;
(2) striking ``$1,960,000,000'' and inserting
``$2,349,800,000'' for justice, public safety infrastructure,
and civil society;
(3) striking ``$4,455,000,000'' and inserting
``$4,220,000,000'' for the electric sector;
(4) striking ``$1,723,000,000'' and inserting
``$1,735,600,000'' for oil infrastructure;
(5) striking ``$2,361,000,000'' and inserting
``$2,131,100,000'' for water resources and sanitation;
(6) striking ``$500,000,000'' and inserting ``$465,500,000''
for transportation and telecommunications;
(7) striking ``$370,000,000'' and inserting ``$333,700,000''
for roads, bridges, and construction;
(8) striking ``$793,000,000'' and inserting ``$739,000,000''
for health care;
(9) striking ``$845,000,000'' and inserting ``$805,300,000''
for private sector development; and
(10) striking ``$342,000,000'' and inserting
``$410,000,000'' for education, refugees, human rights, and
governance.
Sec. 1303. Of the funds made available for Coalition Solidarity
Initiative under the heading ``Peacekeeping Operations'' in chapter 2 of
title II of division A of Public Law 109-13, $7,000,000 is rescinded.
Sec. 1304. (a) Section 550 of Public Law 109-102 (119 Stat. 2217) is
amended to read as follows:
``Prohibition on Assistance for the Palestinian Authority
``Sec. 550. (a) Prohibition on Assistance.--None of the funds
appropriated by this Act or any prior Act making appropriations for
foreign operations, export financing, and related programs, may be
obligated or expended for assistance for the Palestinian Authority
unless the Secretary of State determines, and so reports to the
Committees on Appropriations, that the Palestinian Authority has
[[Page 120 STAT. 436]]
complied with the standards contained in the Quartet's January 30, 2006
Statement on the Situation in the Middle East that ``a future
Palestinian government must be committed to nonviolence, recognition of
Israel, and acceptance of previous agreements and obligations, including
the Roadmap''.
``(b) <<NOTE: President.>> Waiver Authority.--
``(1) The President may waive subsection (a) with respect to
the administrative and personal security costs of the Office of
the President of the Palestinian Authority, for activities of
the President of the Palestinian Authority to promote democracy,
peaceful resolution of the Israeli-Palestinian conflict, and the
rule of law, and with respect to independent agencies, if the
President certifies and reports to the Committees on
Appropriations that--
``(A) it is in the national security interest of the
United States to provide such assistance;
``(B) as the case may be, the President of the
Palestinian Authority, the President's party, and
independent agencies and any members thereof, are not
members of, appointed by, or effectively controlled by
Hamas or any other foreign terrorist organization; and
``(C) assistance provided under the authority of
this subsection will not be transferred or retransferred
to any member of Hamas or other foreign terrorist
organization or to any entity effectively controlled by
Hamas or other foreign terrorist organization.
``(2) <<NOTE: Deadline.>> Not less than 15 days prior to
exercising the authority provided in this subsection, the
President shall consult with, and shall provide a written policy
justification to, the Committees on Appropriations of the House
of Representatives and the Senate and the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(c) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations describing how the funds will be spent and the
accounting procedures in place to ensure proper oversight and
accountability.''.
(b) <<NOTE: Effective date. Reports.>> Effective on the date of
enactment of this Act, none of the funds appropriated under the heading
``Economic Support Fund'' in Public Law 109-102 (119 Stat. 2217) or any
prior Act making appropriations for foreign operations, export financing
and related programs may be obligated for assistance for the West Bank
and Gaza until the Secretary of State consults with the Committees on
Appropriations, submits a revised plan for such assistance to the
Committees on Appropriations, and determines and reports to the
Committees on Appropriations that appropriate procedures and safeguards
exist to ensure that United States assistance is not provided to or
through any individual, private or government entity, or educational
institution, that the Secretary knows or has reason to believe
advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity.
Sec. 1305. Of the funds appropriated under the heading ``Subsidy
Appropriation'' for the Export-Import Bank of the United States that are
available for tied-aid grants in title I of Public Law 107-115 and under
such heading in prior Acts making appropriations
[[Page 120 STAT. 437]]
for foreign operations, export financing, and related programs,
$37,000,000 are rescinded.
Sec. 1306. To the extent not otherwise authorized, supervision and
administrative costs of the Department of Defense associated with a
construction project funded with the Iraq Relief and Reconstruction Fund
may be obligated at the time a construction contract is awarded or, for
pre-existing contracts, by September 30, 2006: Provided, That for the
purposes of this section, supervision and administration costs include
all in-house Government costs.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
United States Coast Guard
OPERATING EXPENSES
For an additional amount for ``Operating Expenses'', $26,692,000:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
CHAPTER 5
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$187,100,000, to remain available until September 30, 2007: Provided,
That such funds may be obligated and expended to carry out planning and
design and military construction projects not otherwise authorized by
law: Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006: Provided further, That $50,000,000 of the funds
provided under this heading may not be obligated or expended until after
that date on which the Secretary of Defense submits a detailed plan for
Counter IED/Urban Bypass Roads, Iraq, to the Committees on
Appropriations of the House of Representatives and Senate.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$27,700,000, to remain available until September 30, 2007: Provided,
That such funds may be obligated and expended to carry out planning and
design and military construction projects not otherwise authorized by
law: Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[[Page 120 STAT. 438]]
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $20,600,000, to remain available until September 30, 2007:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects not otherwise
authorized by law: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
CHAPTER 6
DEPARTMENT OF JUSTICE
Legal Activities
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $3,000,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
United States Marshals Service
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $1,000,000,
to remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'', $85,700,000,
to remain available until <<NOTE: Certification.>> September 30, 2007:
Provided, That no funding provided under this heading shall be available
for obligation for a new or enhanced information technology program
unless the Deputy Attorney General and the investment review board
certify to the Committees on Appropriations that the information
technology program has appropriate program management and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice and Federal
Bureau of Investigation: Provided further, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 439]]
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'', $14,200,000,
to remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $4,000,000,
to remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$1,383,625,000, to remain available until September 30, 2007: Provided,
That of the funds available under this heading, not less than $250,000
shall be made available for the establishment and adequate support,
including staffing and travel, of the Office of the Presidential Special
Envoy for Sudan: Provided further, That of the amount made available
under this heading, $1,000,000 shall be available for transfer to the
United States Institute of Peace: Provided further, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
OFFICE OF INSPECTOR GENERAL
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$25,300,000, to remain available until September 30, 2007, of which
$24,000,000 shall be transferred to the Special Inspector General for
Iraq Reconstruction for reconstruction oversight: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 440]]
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ``Educational and Cultural Exchange
Programs'', $5,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
International Organizations
Contributions for International Peacekeeping Activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $129,800,000, to remain available until
September 30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
RELATED AGENCY
Broadcasting Board of Governors
International Broadcasting Operations
For an additional amount for ``International Broadcasting
Operations'' for programs and activities promoting democracy in Iran,
$10,274,000, to remain available until expended: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ``Broadcasting Capital Improvements'',
$25,826,000, to support programming to Iran, to remain available until
expended: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1601. Funds appropriated or made available in this chapter for
the Broadcasting Board of Governors and the Department of State may be
obligated and expended notwithstanding section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236), and section 504(a)(1) of the National Security Act of 1947.
Sec. 1602. (a) Waiver of Annuity Limitations on Reemployed Foreign
Service Annuitants.--Section 824(g) of the Foreign Service Act of 1980
(22 U.S.C. 4064(g)) is amended to read as follows:
``(g)(1) To facilitate the assignment of persons to Iraq and
Afghanistan or to posts vacated by members of the Service assigned to
Iraq and Afghanistan, the Secretary of State may waive the
[[Page 120 STAT. 441]]
application of subsections (a) through (d) on a case-by-case basis for
an annuitant reemployed on a temporary basis, or grant authority to the
head of an Executive agency to waive the application of subsections (a)
through (d) on a case-by-case basis for an annuitant reemployed on a
temporary basis--
``(A) if, and for so long as, such waiver is necessary due
to an emergency involving a direct threat to life or property or
other unusual circumstances; or
``(B) if the annuitant is employed in a position for which
there is exceptional difficulty in recruiting or retaining a
qualified employee.
``(2) <<NOTE: Termination date.>> The authority of the Secretary to
waive the application of subsections (a) through (d) for an annuitant
pursuant to subparagraph (B) of paragraph (1), or to grant authority to
the head of an Executive agency to waive the application of such
subsections to an annuitant under subparagraphs (A) or (B) of such
paragraph, shall terminate on October 1, 2008. An annuitant reemployed
pursuant to such authority prior to such termination date may be
employed for a period ending not later than one year after such date.
``(3) The Secretary should prescribe procedures for the exercise of
any authority under paragraph (1), including criteria for any exercise
of authority and procedures for a delegation of authority.''.
(b) Waiver of Annuity Limitations on Reemployed Civil Service
Annuitants.--
(1) Department of state.--Title I of the Department of State
Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is
amended by adding at the end the following new section:
``SEC. 61. <<NOTE: 22 USC 2733.>> REEMPLOYMENT OF ANNUITANTS UNDER THE
CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES'
RETIREMENT SYSTEM.
``(a) Authority.--
``(1) In general.--To facilitate the assignment of persons
to Iraq and Afghanistan or to posts vacated by members of the
Service assigned to Iraq and Afghanistan, the Secretary of State
may waive the application of the provisions of section 8344 or
8468 of title 5, United States Code, on a case-by-case basis for
employment of an annuitant in a position in the Department of
State for which there is exceptional difficulty in recruiting or
retaining a qualified employee, or when a temporary emergency
hiring need exists.
``(2) Termination of authority.--The authority of the
Secretary under paragraph (1) shall terminate on October 1,
2008. An annuitant reemployed pursuant to such authority prior
to such termination date may be employed for a period ending not
later than one year after such date.
``(b) Procedures.--The Secretary should prescribe procedures for the
exercise of any authority under subsection (a), including criteria for
any exercise of authority and procedures for a delegation of authority.
``(c) Annuitants Not Treated as Employees for Purposes of Retirement
Benefits.--An employee for whom a waiver under this section is in effect
shall not be considered an employee for purposes of subchapter III of
chapter 83, or chapter 84 of title 5, United States Code.''.
[[Page 120 STAT. 442]]
(2) United states agency for international development.--
Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C.
2385) is amended by adding at the end the following new
subsection:
``(j)(1)(A) To facilitate the assignment of persons to Iraq and
Afghanistan or to posts vacated by members of the Service assigned to
Iraq and Afghanistan, the Administrator of the United States Agency for
International Development may waive the application of the provisions of
section 8344 or 8468 of title 5, United States Code, on a case-by-case
basis for employment of an annuitant in a position in the United States
Agency for International Development for which there is exceptional
difficulty in recruiting or retaining a qualified employee, or when a
temporary emergency hiring need exists.
``(B) <<NOTE: Termination date.>> The authority of the Administrator
under subparagraph (A) shall terminate on October 1, 2008. An annuitant
reemployed pursuant to such authority prior to such termination date may
be employed for a period ending not later than one year after such date.
``(2) The Administrator should prescribe procedures for the exercise
of any authority under this subsection, including criteria for any
exercise of authority and procedures for a delegation of authority.
``(3) An employee for whom a waiver under this section is in effect
shall not be considered an employee for purposes of subchapter III of
chapter 83, or chapter 84 of title 5, United States Code.''.
(c) Report on Use of Annuity Limitation Waiver Authority.--Not later
than 1 year after the date of the enactment of this Act, the Secretary
of State shall submit to the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on Homeland Security and
Government Affairs of the Senate and the Committee on International
Relations, the Committee on Appropriations, and the Committee on
Government Reform of the House of Representatives a report on the
exercise of the waiver authorities provided under section 824(g) of the
Foreign Service Act of 1980 (22 U.S.C. 4064(g)), as amended by
subsection (a), section 61 of the State Department Basic Authorities Act
of 1956, as added by subsection (b)(1), and section 625(j) of the
Foreign Assistance Act of 1961, as added by subsection (b)(2). The
report shall include the number and type of positions that have been
filled under such waiver authority, and the retirement date, former job
title, and new job title of each annuitant reemployed under such
authority.
(d) Home Leave Provisions.--
(1) Travel expenses for rest and recuperation travel.--
Section 901(6) of the Foreign Service Act (22 U.S.C. 4081(6)) is
amended by striking ``unbroken by home leave'' each place it
appears.
(2) Authority to require leaves of absence.--Section 903(a)
of the Foreign Service Act (22 U.S.C. 4083) is amended by
striking ``18 months'' and inserting ``12 months''.
(e) <<NOTE: 22 USC 2703 note.>> Authority To Provide Accommodation
and Subsistence to Individuals Serving in Iraq and Afghanistan.--The
Secretary of State may provide during any fiscal year, with or without
reimbursement, accommodation and subsistence to personnel in Iraq and
Afghanistan for whom the Chief of Mission is responsible.
[[Page 120 STAT. 443]]
Sec. 1603. (a) In General.--During fiscal years 2006, 2007, and
2008, the head of an agency may, in the agency head's discretion,
provide to an individual employed by, or assigned or detailed to, such
agency allowances, benefits, and gratuities comparable to those provided
by the Secretary of State to members of the Foreign Service under
section 413 and chapter 9 of title I of the Foreign Service Act of 1980
(22 U.S.C. 3973; 4081 et seq.), if such individual is on official duty
in Iraq or Afghanistan.
(b) Construction.--Nothing in this section shall be construed to
impair or otherwise affect the authority of the head of an agency under
any other provision of law.
(c) Applicability of Certain Authorities.--Section 912(a) of the
Internal Revenue Code of 1986 shall apply with respect to amounts
received as allowances or otherwise under this section in the same
manner as section 912 of the Internal Revenue Code of 1986 applies with
respect to amounts received by members of the Foreign Service as
allowances or otherwise under chapter 9 of title I of the Foreign
Service Act of 1980.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $1,800,000,
to remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
TITLE II
FURTHER HURRICANE DISASTER RELIEF AND RECOVERY
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Executive Operations
WORKING CAPITAL FUND
For an additional amount for ``Working Capital Fund'', $25,000,000,
to remain available until September 30, 2007, for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[[Page 120 STAT. 444]]
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$445,000, to remain available until September 30, 2007, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Agricultural Research Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'', $10,000,000,
to remain available until expended, for necessary expenses related to
the consequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
BUILDINGS AND FACILITIES
For an additional amount for ``Buildings and Facilities'',
$20,000,000, to remain available until expended, for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Natural Resources Conservation Service
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for ``Emergency Watershed Protection
Program'', $50,955,000, to remain available until expended, for
emergency measures in disaster areas affected by Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That notwithstanding any
other provision of law, the Secretary, acting through the Natural
Resources Conservation Service, using funds made available under this
heading may provide financial and technical assistance to remove and
dispose of debris and animal carcasses that could adversely affect
health and safety on non-Federal land in a hurricane-affected county:
Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Rural Development
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'', $1,000,000,
to remain available until expended, for necessary expenses related to
the consequences of Hurricane Katrina and other hurricanes of the 2005
season for State Rural Development
[[Page 120 STAT. 445]]
offices located in Mississippi and Louisiana: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for the cost of community facilities direct
loans, loan guarantees, and grants described in section 381E(d)(1) of
the Consolidated Farm and Rural Development Act, $25,000,000, to remain
available until expended, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That not to exceed $5,000,000 shall be available for
direct and guaranteed loans: Provided further, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
(including transfer of funds)
Sec. 2101. Notwithstanding subsection (b) of section 102 of title I
of division B of Public Law 109-148 (119 Stat. 2748), the Secretary of
Agriculture may provide financial and technical assistance in carrying
out such section in an amount up to 100 percent Federal share, as
provided in regulations implementing the emergency watershed protection
program: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Sec. 2102. Notwithstanding any other provision of law, the Chief of
the Natural Resources Conservation Service may enter into agreements to
donate up to 20 used vehicles currently on loan to organizations or
State or local units of government affected by Hurricane Katrina and
other hurricanes of the 2005 season.
Sec. 2103. The Secretary of Agriculture may continue to use any of
the authorities provided in section 105 of chapter 1 of title I of
division B of Public Law 109-148 (119 Stat. 2749-2750), for a period not
to exceed 18 additional months: Provided, That the authority provided in
subsection (a)(7) of such section may allow funds made available under
the Community Facility Grant program to be approved without regard to
income limits for purposes related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season for structures
designated by a State or local governmental entity as an emergency
shelter: Provided further, That the amount provided under this section
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Sec. 2104. Of the funds appropriated in section 101(a) of chapter 1
of title I of division B of Public Law 109-148 (119 Stat. 2747), to
provide assistance under the emergency conservation program established
under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et
seq.), $38,000,000 are transferred to the National Oceanic and
Atmospheric Administration in the
[[Page 120 STAT. 446]]
Department of Commerce for activities involving oysters: Provided, That
the amount transferred under this section is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Sec. 2105. Section 101(b) of chapter 1 of title I of division B of
Public Law 109-148 (119 Stat. 2747) is amended--
(1) in the heading, by striking ``, Oyster,'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``, oyster,''; and
(B) by striking ``public and private oyster reefs
or'';
(3) in paragraph (3), by adding ``and'' at the end;
(4) by striking paragraph (4); and
(5) by redesignating paragraph (5) as paragraph (4).
Sec. 2106. Funds made available for the wildlife habitat incentive
program established under section 1240N of the Food Security Act of 1985
(16 U.S.C. 3839bb-1) under section 211(b) of the Agricultural Risk
Protection Act of 2000 (Public Law 106-224; 7 U.S.C. 1421 note) and
section 820 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (Public
Law 106-387; 114 Stat. 1549A-59) shall remain available until expended
to carry out obligations made for fiscal year 2001 and are not available
for new obligations.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,125,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$22,002,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$3,992,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section
[[Page 120 STAT. 447]]
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$21,610,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$4,071,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$10,200,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$2,176,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$94,000, for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$1,304,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading
[[Page 120 STAT. 448]]
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $1,408,000, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$29,913,000, to remain available until September 30, 2007, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $37,359,000, to remain available until September 30, 2007, for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $12,755,000, to remain available until September 30, 2007,
for necessary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $1,277,000, to remain available until September 30, 2007, for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con.
[[Page 120 STAT. 449]]
Res. 95 (109th Congress), the concurrent resolution on the budget for
fiscal year 2006.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $42,307,000, to remain available until September 30,
2007, for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
PROCUREMENT
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$700,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$9,136,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$579,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $899,000, to remain available until September 30, 2008,
for necessary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 450]]
Shipbuilding and Conversion, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Shipbuilding and Conversion, Navy'',
$775,236,000, to remain available until September 30, 2010, for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, which shall be available for
transfer within this account to replace destroyed or damaged equipment;
prepare and recover naval vessels under contract; and provide for cost
adjustments for naval vessels for which funds have been previously
appropriated: Provided, That this transfer authority is in addition to
any other transfer authority available to the Department of Defense:
Provided further, <<NOTE: Deadline. Notification.>> That the Secretary
of Defense shall, not fewer than 15 days prior to making transfers
within this appropriation, notify the congressional defense committees
in writing of the details of any such transfer: Provided further, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$85,040,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$13,000,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$2,797,000, to remain available until September 30, 2008, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 451]]
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $12,000,000, to remain available until September 30,
2007, for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $6,250,000, to remain available until September
30, 2007, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $730,000, to remain available until
September 30, 2007, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$1,222,000, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift Fund'',
$10,000,000, to remain available until expended, for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[[Page 120 STAT. 452]]
TRUST FUNDS
General Fund Payment, Surcharge Collections, Sales of Commissary Stores,
Defense
For an additional amount for ``General Fund Payment, Surcharge
Collections, Sales of Commissary Stores, Defense'', $10,530,000, to
remain available until September 30, 2010, for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$33,881,000, to remain available until September 30, 2007, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$326,000, to remain available until September 30, 2007, for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
(Transfer of Funds)
Sec. 2201. Upon his determination that such action is necessary to
ensure the appropriate allocation of funds provided to the Department of
Defense in this chapter and in chapter 2, title I of this Act, the
Secretary of Defense may transfer up to $150,000,000 between
appropriations made available for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and revolving and management <<NOTE: Notification.>> funds: Provided,
That the Secretary shall notify the Congress promptly of each transfer
made pursuant to this authority: Provided further, That the transfer
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense.
Sec. 2202. None of the funds provided in this chapter may be used to
finance programs or activities denied by Congress in fiscal year 2005
and 2006 appropriations to the Department of Defense or to initiate a
procurement or research, development,
[[Page 120 STAT. 453]]
test and evaluation new start program without prior written notification
to the congressional defense committees.
Sec. 2203. Notwithstanding any other provision of law, of the
amounts appropriated or otherwise made available under the heading
``Shipbuilding and Conversion, Navy'' in chapter 2 of title II of this
Act, or under said heading in chapter 2 of title I of the Emergency
Supplemental Appropriations Act to Address Hurricanes in the Gulf of
Mexico and Pandemic Influenza, 2006 (division B of Public Law 109-148;
119 Stat. 2757), not less than $140,000,000 shall be made available for
infrastructure improvements at Gulf Coast shipyards that have existing
Navy shipbuilding contracts and that were damaged by Hurricane Katrina
in calendar year 2005.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $3,300,000, to remain available until
expended: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, utilizing $3,300,000 of the funds
provided herein shall develop a comprehensive plan, at full Federal
expense, to deauthorize deep draft navigation on the Mississippi River-
Gulf Outlet, Louisiana, extending from the Gulf of Mexico to the Gulf
Intracoastal Waterway: Provided
further, <<NOTE: Deadline. Reports.>> That, not later than 6 months
after the date of enactment of this Act, the Secretary shall submit an
interim report to Congress comprising the plan: Provided further, That
the Secretary shall refine the plan, if necessary, to be fully
consistent, integrated, and included in the final report to be issued in
December 2007 for the Louisiana Coastal Protection and Restoration Plan:
Provided further, <<NOTE: Deadline. Reports.>> the Secretary shall
provide to the Congress a report, by not later than 90 days after the
date of enactment of this Act, describing, for the period beginning on
the date on which the individual system components for hurricane and
storm damage reduction were constructed and ending on the date on which
the report is prepared, the difference between the vertical settlement
of the system that is attributable to the settling of levees and
floodwalls or subsidence versus the vertical grade deficiencies that are
attributable to new storm data that may require a higher level of
vertical protection in order to comply with 100-year floodplain
certification and standard project hurricane.
[[Page 120 STAT. 454]]
CONSTRUCTION
For an additional amount for ``Construction'' for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season, $549,400,000, to remain available until expended, of
which up to $20,200,000 may be used to reduce the risk of storm damage
to the greater New Orleans metropolitan area, at full Federal expense,
by restoring the surrounding wetlands through measures to begin to
reverse wetland losses in areas affected by navigation, oil and gas, and
other channels and through modification of the Caernarvon Freshwater
Diversion structure or its operations; at least $495,300,000 shall be
used consistent with the cost-sharing provisions under which the
projects were originally constructed to raise levee heights where
necessary and otherwise enhance the existing Lake Pontchartrain and
Vicinity project and the existing West Bank and Vicinity project to
provide the levels of protection necessary to achieve the certification
required for participation in the National Flood Insurance Program under
the base flood elevations current at the time of this construction:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006: Provided further, That $1,500,000 shall be for the North
Padre Island, Texas project: Provided further, That $30,400,000 is
available for flood control work in the Sacramento, California, Area:
Provided further, That $2,000,000 shall be provided at full Federal
expense for the Hawaii Water Systems Technical Assistance Program.
OPERATIONS AND MAINTENANCE
For an additional amount for ``Operations and Maintenance'' to
dredge navigation channels and repair other Corps projects related to
the consequences of Hurricane Katrina and other hurricanes of the 2005
season, $3,200,000 to remain available until expended: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein for dredging
needs along the Texas Gulf Coast.
FLOOD CONTROL AND COASTAL EMERGENCIES
(including rescission of funds)
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to the consequences of
Hurricane Katrina and other hurricanes, $3,145,024,000, to remain
available until expended: Provided, That the Secretary of the Army is
directed to use the funds appropriated under this heading to modify, at
full Federal expense, authorized projects in southeast Louisiana to
provide hurricane and storm damage reduction and flood damage reduction
in the greater New Orleans and surrounding areas; $530,000,000 shall be
used to
[[Page 120 STAT. 455]]
modify the 17th Street, Orleans Avenue, and London Avenue drainage
canals and install pumps and closure structures at or near the
lakefront; $250,000,000 shall be used for storm-proofing interior pump
stations to ensure the operability of the stations during hurricanes,
storms, and high water events; $170,000,000 shall be used for armoring
critical elements of the New Orleans hurricane and storm damage
reduction system; $350,000,000 shall be used to improve protection at
the Inner Harbor Navigation Canal; $215,000,000 shall be used to replace
or modify certain non-Federal levees in Plaquemines Parish to
incorporate the levees into the existing New Orleans to Venice hurricane
protection project; $1,584,000,000 shall be used for reinforcing or
replacing flood walls, as necessary, in the existing Lake Pontchartrain
and Vicinity project and the existing West Bank and Vicinity project to
improve the performance of the systems; $30,024,000 for repairs,
replacements, modifications and improvements of non-Federal levees and
associated protection measures in Terrebonne Parish at full Federal
expense: Provided further, That $16,000,000 is provided for the
restoration of funds for hurricane-damaged projects in the State of
Pennsylvania: Provided further, <<NOTE: Contracts.>> That any project
using funds appropriated under this heading shall be initiated only
after non-Federal interests have entered into binding agreements with
the Secretary requiring the non-Federal interests to pay 100 percent of
the operation, maintenance, repair, replacement, and rehabilitation
costs of the project and to hold and save the United States free from
damages due to the construction or operation and maintenance of the
project, except for damages due to the fault or negligence of the United
States or its contractors: Provided further, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Of the funds provided under this heading in chapter 3 of division B
of Public Law 109-148, $15,000,000 are rescinded.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for ``Water and Related Resources'',
$9,000,000, to remain available until expended for Drought Emergency
Assistance: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
GENERAL PROVISION--THIS CHAPTER
Sec. 2301. Use of Unexpended Funds. (a) In General.--Notwithstanding
any other provision of law, amounts made available to the State of
Oklahoma or agencies or authorities therein (referred to in this section
as the ``State'') before the date of enactment of this Act for general
remediation activities being conducted in the vicinity of the Tar Creek
Superfund Site in northeastern Oklahoma and in Ottawa County, Oklahoma,
that remain unexpended as of the date of enactment of this Act are
authorized
[[Page 120 STAT. 456]]
to be used by the State to assist individuals and entities in relocation
from areas at risk or potential risk of damage caused by land subsidence
as determined by the State.
(b) Use of Unexpended Funds.--The use of unexpended funds in
accordance with subsection (a)--
(1) shall not be subject to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.); and
(2) may include any general remediation activities described
in section (a) determined to be appropriate by the State,
including the buyout of 1 or more properties to facilitate a
relocation described in subsection (a).
Sec. 2302. (a) The $12,000,000 provided in division B, chapter 3 of
title I, Investigations, of Public Law 109-148 (119 Stat. 2761) for the
Louisiana hurricane protection study shall be at full Federal expense.
(b) Of the $12,000,000 provided in division B, chapter 3 of title I,
Investigations, of Public Law 109-148 (119 Stat. 2761) for the Louisiana
hurricane protection study, $5,000,000 shall be available for
expenditure prior to the effective date of the enactment of a State law
establishing a single State or quasi-State entity to act as local
sponsor for construction, operation and maintenance of all of the
hurricane, storm damage reduction and flood control projects in the
greater New Orleans and southeast Louisiana area.
Sec. 2303. Chapter 3, under division B of title I of Public Law 109-
148 (119 Stat. 2762) under the heading ``Flood Control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana,
Mississippi, Missouri, and Tennessee'' is modified by inserting the
following before the period: ``: Provided further, That the Corps is
directed to expedite and accelerate completion of any study or any
unconstructed portion of the Mississippi River and Tributaries project
for the flood and storm damage reduction projects in the south Louisiana
area'': Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Sec. 2304. Chapter 3, under division B of title I of Public Law 109-
148 (119 Stat. 2762) under the heading ``Operations and Maintenance'' is
modified by inserting the following before the last proviso: ``:
Provided further, That $75,000,000 of the funds provided herein shall be
used for the repair, construction or provision of measures or structures
necessary to protect, restore or increase wetlands, to prevent saltwater
intrusion or storm surge'': Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Sec. 2305. Section 227 of Public Law 104-303 is modified as follows:
(1) Section 5(a) is amended by striking ``6'', and inserting
``7'' in lieu thereof.
(2) Section 5(e)(2) is amended by striking ``$21,000,000'',
and inserting ``$25,000,000'' in lieu thereof.
Sec. 2306. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking
``September 30, 2005'' and inserting ``September 30, 2010'' in lieu
thereof.
[[Page 120 STAT. 457]]
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) is amended by striking ``fiscal years 1992,
1993, 1994, 1995, 1996, 1999, 2000, 2001, 2002, 2003, and 2004'' and
inserting ``the period of fiscal years 2006 through 2010'' in lieu
thereof.
Sec. 2307. <<NOTE: 33 USC 2293a.>> None of the funds made available
before, on, or after the date of enactment of this Act in an
appropriations Act may be expended to prevent or limit any reprogramming
of funds for a project to be carried out by the Corps of Engineers using
funds appropriated in any Act making appropriations for energy and water
development, based on whether the project was included by the President
in the budget transmitted under section 1105(a) of title 31, United
States Code, or is otherwise proposed by the President or considered
part of the budget by the Office of Management and Budget, if the
project received funds in an Act making appropriations for energy and
water development or any other appropriations Act making additional
funds available for energy and water development.
Sec. 2308. None of the funds made available under this or any other
Act shall be used during fiscal year 2006 or previous to April 1, 2007,
to make, or plan or prepare to make, any payment on bonds issued by the
Administrator of the Bonneville Power Administration (referred in this
section as the ``Administrator'') or for an appropriated Federal
Columbia River Power System investment, if the payment is both--
(1) greater, during any fiscal year, than the payments
calculated in the rate hearing of the Administrator to be made
during that fiscal year using the repayment method used to
establish the rates of the Administrator as in effect on
February 6, 2006; and
(2) based or conditioned on the actual or expected net
secondary power sales receipts of the Administrator.
Sec. 2309. Section 1202 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990, as amended (110 Stat. 4085, 4091; 16
U.S.C. 4722(i)(3)(C)), is amended by deleting ``, to carry out this
paragraph, $750,000'', and inserting the following in lieu thereof:
``such sums as are necessary to carry out the dispersal barrier
demonstration project directed by this paragraph''.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
Office of Inspector General
For an additional amount for ``Office of Inspector General'' for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $2,000,000, to remain available
until September 30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
[[Page 120 STAT. 458]]
Customs and Border Protection
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $12,900,000: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
CONSTRUCTION
For an additional amount for ``Construction'' for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season, $4,800,000, to remain available until expended:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
United States Coast Guard
OPERATING EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Operating Expenses'' for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $88,970,000, to remain available until
September 30, 2007, of which up to $267,000 may be transferred to
``Environmental Compliance and Restoration'' to be used for
environmental cleanup and restoration of Coast Guard facilities in the
Gulf of Mexico region; and of which up to $470,000 may be transferred to
``Research, Development, Test, and Evaluation'' to be used for salvage
and repair of research and development equipment and facilities:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ``Acquisition, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $191,730,000,
to remain available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Federal Emergency Management Agency
ADMINISTRATIVE AND REGIONAL OPERATIONS
For an additional amount for ``Administrative and Regional
Operations'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
[[Page 120 STAT. 459]]
$71,800,000, to remain available until expended: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY
For an additional amount for ``Preparedness, Mitigation, Response,
and Recovery'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $10,000,000,
to remain available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
DISASTER RELIEF
For an additional amount for ``Disaster Relief'' for necessary
expenses under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), $6,000,000,000, to remain
available until expended: Provided, That for States in which the
President declared a major disaster (as that term is defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122)) on September 24, 2005, as a result of Hurricane
Rita, each county or parish eligible for individual and public
assistance under such declaration in such States will be treated equally
for purposes of cost-share adjustments under such Act, to account for
the impact in those counties and parishes of Hurricanes Rita and
Katrina: Provided further, <<NOTE: Deadline.>> That the Secretary of
Homeland Security shall submit for approval a proposal and an
expenditure plan for housing, including the alternative housing pilot
programs under section 2403 of this Act, to the Committees on
Appropriations of the Senate and House of Representatives within forty-
five days from the date of enactment of this Act: Provided further, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For an additional amount for ``Disaster Assistance Direct Loan
Program Account'' for the cost of direct loans as authorized under
section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184), $279,800,000, to be used to assist
local governments affected by Hurricane Katrina and other hurricanes of
the 2005 season in providing essential services, of which $1,000,000 is
for administrative expenses to carry out the direct loan program:
Provided, That such funds may be made to subsidize gross obligations for
the principal amount of direct loans not to exceed $371,733,000:
Provided further, That notwithstanding section 417(b) of such Act, the
amount of any such loan issued pursuant to this section may exceed
$5,000,000, and may be equal to not more than 50 percent of the annual
operating budget of the local government in any case in which that local
government has suffered a loss of 25 percent or more in tax revenues due
to Hurricane
[[Page 120 STAT. 460]]
Katrina or Hurricane Rita: Provided further, That notwithstanding
section 417(c)(1) of such Act, such loans may not be canceled: Provided
further, That the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2401. The Federal Emergency Management Agency may provide funds
to a State or local government or, as necessary, assume an existing
agreement from such unit of government, to pay for utility costs
resulting from the provision of temporary housing units to evacuees from
Hurricane Katrina and other hurricanes of the 2005 season if the State
or local government has previously arranged to pay for such utilities on
behalf of the evacuees for the term of any leases, not to exceed 12
months, contracted by or prior to February 7, 2006: Provided, That the
Federal share of the costs eligible to be paid shall be 100 percent.
Sec. 2402. (a) Title III of Public Law 109-90 (119 Stat. 2079) is
amended under the heading ``National Flood Insurance Fund'' by striking
in the proviso ``$30,000,000'' and inserting ``such sums as necessary''.
(b) The provisions of this section are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Sec. 2403. Notwithstanding any other provision of law, the Secretary
of Homeland Security shall consider eligible under the Federal Emergency
Management Agency Individual Assistance Program the costs sufficient for
alternative housing pilot programs in the areas hardest hit by Hurricane
Katrina and other hurricanes of the 2005 season.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
CONSTRUCTION
For an additional amount for ``Construction'' for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season and for repayment of advances to projects from which
funds were transferred for such purposes, $132,400,000, to remain
available until expended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
[[Page 120 STAT. 461]]
National Park Service
HISTORIC PRESERVATION FUND
For an additional amount for the ``Historic Preservation Fund'' for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $43,000,000, to remain available
until September 30, 2007: Provided, <<NOTE: Grants.>> That of the funds
provided under this heading, $40,000,000 shall be provided to State
Historic Preservation Officers, after consultation with the National
Park Service, for grants for disaster relief in areas of Louisiana,
Mississippi, and Alabama impacted by Hurricanes Katrina or Rita:
Provided further, That grants shall be for the preservation,
stabilization, rehabilitation, and repair of historic properties listed
in or eligible for the National Register of Historic Places, for
planning and technical assistance: Provided further, That preference
shall be given to grants based upon, but not limited to, properties
located within National Heritage Areas, owner-occupied houses, and an
ability to spend the funds expeditiously: Provided further, That grants
shall only be available for areas that the President determines to be a
major disaster under section 102(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) due to
Hurricanes Katrina or Rita: Provided further, That individual grants
shall not be subject to a non-Federal matching requirement: Provided
further, That no more than 5 percent of funds provided under this
heading for disaster relief grants may be used for administrative
expenses: Provided further, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
CONSTRUCTION
For an additional amount for ``Construction'' for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season, $55,400,000, to remain available until expended:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
(including transfers of funds)
For an additional amount for ``Surveys, Investigations, and
Research'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season and for
repayment of advances to other appropriation accounts from which funds
were transferred for such purposes, $10,200,000, to remain available
until expended: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[[Page 120 STAT. 462]]
Minerals Management Service
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
(including transfers of funds)
For an additional amount for ``Royalty and Offshore Minerals
Management'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season and for
repayment of advances to other appropriation accounts from which funds
were transferred for such purposes, $15,000,000, to remain available
until September 30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
ENVIRONMENTAL PROTECTION AGENCY
Environmental Programs and Management
For an additional amount for ``Environmental Programs and
Management'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $6,000,000,
to remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Leaking Underground Storage Tank Program
For an additional amount for the ``Leaking Underground Storage Tank
Program'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $7,000,000,
to remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF AGRICULTURE
Forest Service
NATIONAL FOREST SYSTEM
For an additional amount for the ``National Forest System'' for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $20,000,000, to remain available
until expended: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[[Page 120 STAT. 463]]
CHAPTER 6
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Services
For an additional amount for ``Training and Employment Services'',
$16,000,000, to remain available until expended, for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season, for construction, rehabilitation, and acquisition of
Job Corps centers as authorized by the Workforce Investment Act of 1998:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For an additional amount for ``Community Health Centers'',
$4,000,000, to remain available until expended, to purchase and operate
communications equipment including satellite phones for a communications
network among departments of health, community health centers and major
medical centers in States affected by Hurricane Katrina and other
hurricanes of the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for ``Disease Control, Research, and
Training'', $8,000,000, to remain available until expended, for mosquito
and other pest abatement activities in States affected by Hurricane
Katrina and other hurricanes of the 2005 season: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF EDUCATION
Hurricane Education Recovery
For an additional amount under the heading ``Department of
Education'' in Public Law 109-148 for carrying out section 107 of title
IV, division B of that Act, $235,000,000, for necessary expenses related
to the consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount
[[Page 120 STAT. 464]]
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
For an additional amount under part B of title VII of the Higher
Education Act of 1965 (``HEA'') for institutions of higher education (as
defined in section 102 of that Act) that are located in an area in which
a major disaster was declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act related
to hurricanes in the Gulf of Mexico in calendar year 2005, $50,000,000:
Provided, That such funds shall be available to the Secretary of
Education only for payments to help defray the expenses (which may
include lost revenue, reimbursement for expenses already incurred, and
construction) incurred by such institutions of higher education that
were forced to close, relocate or significantly curtail their activities
as a result of damage directly caused by such hurricanes: Provided
further, That such payments shall be made in accordance with criteria
established by the Secretary and made publicly available without regard
to section 437 of the General Education Provisions Act, section 553 of
title 5, United States Code, or part B of title VII of the HEA: Provided
further, That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
RELATED AGENCIES
Corporation for National and Community Service
NATIONAL AND COMMUNITY SERVICE PROGRAMS, OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the Corporation for National and
Community Service (the ``Corporation'') for necessary expenses related
to the consequences of Hurricane Katrina and other hurricanes of the
2005 season, $10,000,000, to remain available until September 30, 2007:
Provided, That the funds made available under this heading shall be
available for the Civilian Community Corps authorized under subtitle E
of title I of the National and Community Service Act of 1990 (the
``Act'') (42 U.S.C. 12611 et seq.): Provided further, That the
Corporation may transfer funds from the amount provided under the first
proviso to the National Service Trust authorized under subtitle D of
title I of the Act (42 U.S.C. 12601) upon determination that such
transfer is necessary to support the activities of Civilian Community
Corps participants and after notice is transmitted to Congress: Provided
further, That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2601. (a) In this section:
(1) The term ``affected institution'' means an institution
of higher education that is--
[[Page 120 STAT. 465]]
(A) a part B institution, as such term is defined in
section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061);
(B) located in an area affected by a Gulf hurricane
disaster; and
(C) able to demonstrate that the institution--
(i) incurred physical damage resulting from
the impact of Hurricane Katrina or Rita;
(ii) has pursued collateral source
compensation from insurance, the Federal Emergency
Management Agency, or the Small Business
Administration, as appropriate; and
(iii) has not been able to fully reopen in
existing facilities or fully reopen to the levels
that existed before the impact of such hurricane
due to physical damage to the institution.
(2) The terms ``area affected by a Gulf hurricane disaster''
and ``Gulf hurricane disaster'' have the meanings given such
terms in section 209 of the Higher Education Hurricane Relief
Act of 2005 (Public Law 109-148, 119 Stat. 2809).
(b) Notwithstanding any other provision of law (unless enacted with
specific reference to this section), the Secretary of Education is
authorized to waive or modify, as the Secretary determines is necessary,
any statutory or regulatory provision related to historically Black
college and university capital financing under part D of title III of
the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.), in connection
with a Gulf hurricane disaster, to ensure that--
(1) the calculation of financing need under section 343 of
such Act (20 U.S.C. 1066b) for an affected institution is
modified to reflect any changes in the financial condition of
the institution as a result of the Gulf hurricane disaster; and
(2) an affected institution that was not receiving
assistance under such part before the Gulf hurricane disaster is
eligible to apply for capital financing to assist in
institutional recovery from the Gulf hurricane disaster.
(c)(1) Notwithstanding section 343(b)(1) or any other provision of
title III of the Higher Education Act of 1965 (20 U.S.C. 1066b(b)(1),
1051 et seq.), in carrying out section 343 of such Act, a designated
bonding authority shall withhold not more than 1 percent for the cost of
issuance from the proceeds of qualified bonds that are loaned to an
affected institution.
(2) Notwithstanding section 343(b)(3) or any other provision of
title III of the Higher Education Act of 1965 (20 U.S.C. 1066b(b)(3),
1051 et seq.), the Secretary shall pay any interest above 1 percent
charged for a loan issued under part D of title III of such Act, after
the date of enactment of this Act and with respect to an affected
institution, such that the affected institution pays interest at a rate
no higher than 1 percent.
(3) Notwithstanding any other provision of title III of the Higher
Education Act of 1965 (20 U.S.C. 1051 et seq.), the requirements of
section 343(b)(8) and 343(c)(2) of such Act (20 U.S.C. 1066(b)(8)) shall
not apply with respect to an affected institution receiving a loan under
part D of title III of such Act (20 U.S.C. 1066 et seq.).
(d) <<NOTE: Deferment period.>> Notwithstanding any provision of
title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.),
or any regulation
[[Page 120 STAT. 466]]
promulgated under such title, the Secretary of Education shall grant a
deferment, for a period of not more than 3 years, to an affected
institution that has received a loan under part D of title III of such
Act (20 U.S.C. 1066 et seq.). During the deferment period granted under
this subsection, the affected institution shall not be required to pay
any periodic installment of principal required under the loan agreement
for such loan, and interest on such loan shall not accrue for the period
of the deferment. During the deferment period, the Secretary shall make
principal and interest payments otherwise due under the loan agreement.
At the closing of the loan, terms shall be set under which the affected
institution shall be required to repay the Secretary for the payments of
principal made by the Secretary during the deferment, on a schedule that
begins upon repayment to the lender in full on the loan agreement.
(e)(1) <<NOTE: Termination date.>> Except as provided in paragraph
(2), the authority provided under this section to enter into, or modify
or waive the terms of, a loan agreement or insurance agreement under
part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066
et seq.), or to grant a loan deferment under subsection (d), shall
terminate 1 year after the date of enactment of this Act.
(2) Any provision of a loan agreement or insurance agreement
modified or waived by the authority under this section shall remain so
modified or waived for the duration of the period covered by the loan
agreement or insurance agreement.
(f) The amount provided in this section is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Sec. 2602. <<NOTE: Deadline.>> Notwithstanding sections 107(f) and
110 of title IV (commonly known as the ``Hurricane Education Recovery
Act'') of division B of the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat. 2680),
the Secretary of Education may extend the period during which a State
educational agency or local educational agency may obligate funds
received under section 107 of that title to a date no later than
September 30, 2006, except that such funds shall be used only for
expenses incurred during the 2005-2006 school year, as required by
section 107 of that title.
Sec. 2603. Funds available to the Mississippi Institutes of Higher
Learning under the heading ``Department of Education'' in Public Law
109-148 may be used to support activities authorized by part B of title
VII of the Higher Education Act of 1965, as determined necessary by the
Mississippi Institutes of Higher Learning: Provided, That the amount
provided under this section is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
(Transfer of funds)
Sec. 2604. Of the funds made available under the heading ``Disaster
Relief'' under the heading ``Federal Emergency Management Agency'' in
chapter 4 of this title, $38,000,000 is hereby transferred to the Social
Security Administration for necessary expenses and direct or indirect
losses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season:
[[Page 120 STAT. 467]]
Provided, That the amount transferred by this section is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
CHAPTER 7
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $44,770,000,
to remain available until September 30, 2010: Provided, That such funds
may be obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law: Provided
further, That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
for necessary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season, $97,300,000, to remain
available until September 30, 2010: Provided, That such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law: Provided further,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Military Construction, Army National Guard
(including rescission of funds)
For an additional amount for ``Military Construction, Army National
Guard'', for necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $330,071,000, to remain
available until September 30, 2010: Provided, That such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law: Provided further,
That of the amount provided under this heading in chapter 7 of title I
of division B of Public Law 109-148 (119 Stat. 2770), $120,000,000 are
rescinded: Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Military Construction, Air National Guard
For an additional amount for ``Military Construction, Air National
Guard'', for necessary expenses related to the consequences
[[Page 120 STAT. 468]]
of Hurricane Katrina and other hurricanes of the 2005 season,
$5,800,000, to remain available until September 30, 2010: Provided, That
such funds may be obligated and expended to carry out planning and
design and military construction projects not otherwise authorized by
law: Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Military Construction, Navy Reserve
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ``Military Construction, Navy
Reserve'', for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $24,270,000,
to remain available until September 30, 2010: Provided, That such funds
may be obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law: Provided
further, That the amount provided under the heading ``Military
Construction, Naval Reserve'' in chapter 7 of title I of division B of
Public Law 109-148 (119 Stat. 2771) shall remain available until
September 30, 2010, except that, of such amount $49,530,000 are
rescinded: Provided further, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
Construction, Major Projects
For an additional amount for ``Construction, Major Projects'', for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $585,919,000, to remain available
until expended: Provided, That $35,919,000 shall be available for
environmental cleanup and removal of debris from the Department of
Veterans Affairs land in Gulfport, Mississippi, and for any authorized
purpose under this heading: Provided further, That the amounts provided
under this heading are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
RELATED AGENCY
Armed Forces Retirement Home
Major Construction
For an additional amount for ``Major Construction'', for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $176,000,000, to remain available until
expended: Provided, That, notwithstanding any other provision of law,
such funds shall be obligated and expended for the planning and design
and construction of a new Armed Forces
[[Page 120 STAT. 469]]
Retirement Home in Gulfport, Mississippi: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2701. The limitation of Federal contribution established under
section 18236(b) of title 10 is hereby waived for projects appropriated
in this chapter.
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
Sec. 2702. (a) Of the amounts made available in chapter 7 of title I
of division B of Public Law 109-148, Department of Veterans Affairs,
``Medical Services'', $198,265,000 are hereby rescinded.
(b) For an additional amount for Department of Veterans Affairs,
``Medical Services'', $198,265,000, to remain available until September
30, 2007, for necessary expenses related to the consequences of Hurrican
Katrina and other hurricanes of the 2005 season.
(c) The funds made available in subsection (b) may be transferred to
the Department of Veterans Affairs, ``Medical Services'', ``Medical
Administration'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'' accounts as required.
(d) <<NOTE: Deadline. Notification.>> Not less than 15 days prior to
making any such transfer as authorized under subsection (c), the
Department shall notify the Committees on Appropriations of both Houses
of Congress.
(e) This section is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Sec. 2703. <<NOTE: Deadline. Mississippi.>> Notwithstanding any
other provision of law, within six months of enactment of this Act, the
Secretary of Veterans Affairs is authorized and directed to clean up and
transfer all land parcels of the Department's land in Gulfport,
Mississippi, to the city of Gulfport, Mississippi.
(TRANSFER OF FUNDS)
Sec. 2704. The following unobligated balances shall be transferred
to the Armed Forces Retirement Home ``Major Construction'' account, to
remain available until expended, for the planning and design and
construction of a new Armed Forces Retirement Home in Gulfport,
Mississippi, from amounts appropriated under the heading ``Armed Forces
Retirement Home'' in chapter 7 of division B of Public Law 109-148 (119
Stat. 2769), $45,000,000 provided for Armed Forces Retirement Home-
Gulfport; and unobligated balances of funds provided in fiscal years
1998 through 2004 for construction and renovation of the physical plants
at the United States Naval Home/Armed Forces Retirement Home-Gulfport:
Provided, That the General Services Administration, in consultation with
the Naval Facilities Engineering Command and the management of the Armed
Forces Retirement Home, shall be the agent for all matters with regard
to the planning, design, construction, and contract administration
related to the construction of the new
[[Page 120 STAT. 470]]
Armed Forces Retirement Home in Gulfport, Mississippi: Provided further,
That the amounts provided or otherwise made available under this section
are designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
CHAPTER 8
DEPARTMENT OF JUSTICE
Legal Activities
Salaries and Expenses, General Legal Activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $2,000,000,
to remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Salaries and Expenses, United States Attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $6,500,000,
to remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $118,000,000,
to remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Procurement, Acquisition and Construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season, $32,000,000,
to remain available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 471]]
SCIENCE
National Aeronautics and Space Administration
Exploration Capabilities
For an additional amount for ``Exploration Capabilities'' for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $35,000,000 shall be for the
Stennis Space Center and Michoud Assembly Facility, to remain available
until expended: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
RELATED AGENCIES
Small Business Administration
Disaster Loans Program Account
(Including Transfer of Funds)
For an additional amount for the ``Disaster Loans Program Account''
for the cost of direct loans authorized by section 7(b) of the Small
Business Act, $542,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That up to $190,000,000 may be transferred to
and merged with ``Salaries and Expenses'' for administrative expenses to
carry out the disaster loan program: Provided further, That none of the
funds provided under this heading may be used for indirect
administrative expenses: Provided further, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 9
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
For an additional amount for ``Emergency Relief Program'' as
authorized under 23 U.S.C. 125, $702,362,500, to remain available until
expended, for expenses identified under ``Formal Requests'' in the
Federal Highway Administration table entitled ``Emergency Relief Program
Fund Requests--updated 06/06/06'' with the exception of such expenses
addressed in other provisions of this Act making amendments to Public
Law 109-148 and expenses otherwise funded in other Appropriations Acts:
Provided, That notwithstanding 23 U.S.C. 125(d)(1), the Secretary of
Transportation may obligate more than $100,000,000 for such projects in
a State in a fiscal year, to respond to damage caused by Hurricane
Dennis
[[Page 120 STAT. 472]]
and the 2004-2005 winter storms in the State of California: Provided
further, That any amounts in excess of those necessary for emergency
expenses relating to the eligible projects cited in the first sentence
of this paragraph may be used for other projects authorized under 23
U.S.C. 125: Provided further, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
(highway trust fund)
(rescission)
Of the unobligated balances of funds apportioned to each State under
chapter 1 of title 23, United States Code, $702,362,500 are rescinded:
Provided, That such rescission shall not apply to the funds distributed
in accordance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as in effect
prior to the date of enactment of Public Law 109-59, the first sentence
of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23 U.S.C. 163 as in
effect prior to the enactment of Public Law 109-59.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
COMMUNITY DEVELOPMENT FUND
(including transfer of funds)
For an additional amount for the ``Community development fund'', for
necessary expenses related to disaster relief, long-term recovery, and
restoration of infrastructure in the most impacted and distressed areas
related to the consequences of Hurricanes Katrina, Rita, or Wilma in
States for which the President declared a major disaster under title IV
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), $5,200,000,000, to remain available until
expended, for activities authorized under title I of the Housing and
Community Development Act of 1974 (Public Law 93-383): Provided, That
funds provided under this heading shall be administered through an
entity or entities designated by the Governor of each State: Provided
further, That such funds may not be used for activities reimbursable by
or for which funds are made available by the Federal Emergency
Management Agency or the Army Corps of Engineers: Provided further, That
funds allocated under this heading shall not adversely affect the amount
of any formula assistance received by a State under this heading:
Provided further, That each State may use up to five percent of its
allocation for administrative costs: Provided further, That not less
than $1,000,000,000 from funds made available on a pro-rata basis
according to the allocation made to each State under this heading shall
be used for repair, rehabilitation, and reconstruction (including
demolition, site clearance and remediation) of the affordable rental
housing stock (including public and other HUD-assisted housing) in the
impacted areas: Provided further, That no State shall receive more than
$4,200,000,000: Provided further, That in administering the funds under
this heading, the Secretary of Housing and Urban Development may waive,
or specify
[[Page 120 STAT. 473]]
alternative requirements for, any provision of any statute or regulation
that the Secretary administers in connection with the obligation by the
Secretary or the use by the recipient of these funds or guarantees
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a request by the State that
such waiver is required to facilitate the use of such funds or
guarantees, and a finding by the Secretary that such waiver would not be
inconsistent with the overall purpose of the statute: Provided further,
That the Secretary may waive the requirement that activities benefit
persons of low and moderate income, except that at least 50 percent of
the funds made available under this heading must benefit primarily
persons of low and moderate income unless the Secretary otherwise makes
a finding of compelling need: Provided further, <<NOTE: Federal
Register, publication. Deadline.>> That the Secretary shall publish in
the Federal Register any waiver of any statute or regulation that the
Secretary administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than 5 days before the effective date
of such waiver: Provided further, That every waiver made by the
Secretary must be reconsidered according to the three previous provisos
on the two-year anniversary of the day the Secretary published the
waiver in the Federal Register: Provided further, That prior to the
obligation of funds each State shall submit a plan to the Secretary
detailing the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure: Provided further, That prior
to the obligation of funds to each State, the Secretary shall ensure
that such plan gives priority to infrastructure development and
rehabilitation and the rehabilitation and reconstruction of the
affordable rental housing stock including public and other HUD-assisted
housing: Provided further, That each <<NOTE: Reports. Contracts.>> 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. Deadline.>> That the Secretary shall
notify the Committees on Appropriations on any proposed allocation of
any funds and any related waivers made pursuant to these provisions
under this heading no later than 5 days before such waiver is made:
Provided further, <<NOTE: Procedures. Reports. Fraud.>> That the
Secretary shall establish procedures to prevent recipients from
receiving any duplication of benefits and report quarterly to the
Committees on Appropriations with regard to all steps taken to prevent
fraud and abuse of funds made available under this heading including
duplication of benefits: Provided further, That of the amounts made
available under this heading, $12,000,000 shall be transferred to
``Management and Administration, Salaries and Expenses'', of which
$7,000,000 is for the administrative costs, including IT costs, of the
KDHAP/DVP voucher program; $9,000,000 shall be transferred to the Office
of Inspector General; and $6,000,000 shall be transferred to HUD's
Working Capital Fund: Provided further, That none of the funds provided
under this heading may be used by a State or locality as a matching
requirement, share, or contribution for any other Federal program:
Provided further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[[Page 120 STAT. 474]]
INDEPENDENT AGENCY
General Services Administration
FEDERAL BUILDINGS FUND
For an additional amount for the ``Federal Buildings Fund'' for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $37,000,000, from the General Fund
and to remain available until expended: Provided, That notwithstanding
40 U.S.C. 3307, the Administrator of General Services is authorized to
proceed with repairs and alterations for affected buildings: Provided
further, That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
TITLE III--EMERGENCY <<NOTE: Emergency Agricultural Disaster Assistance
Act of 2006.>> AGRICULTURAL DISASTER ASSISTANCE
SEC. 3001. <<NOTE: 16 USC 3801 note.>> SHORT TITLE.
This title may be cited as the ``Emergency Agricultural Disaster
Assistance Act of 2006''.
SEC. 3002. DEFINITIONS.
In this title:
(1) Hurricane-affected county.--The term ``hurricane-
affected county'' means--
(A) a county included in the geographic area covered
by a natural disaster declaration related to Hurricane
Katrina, Hurricane Ophelia, Hurricane Rita, Hurricane
Wilma, or a related condition; and
(B) each county contiguous to a county described in
subparagraph (A).
(2) Natural disaster declaration.--The term ``natural
disaster declaration'' means--
(A) a natural disaster declared by the Secretary--
(i) during calendar year 2005 under section
321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)); or
(ii) during calendar year 2006 under that
section, but for which a request was pending as of
December 31, 2005; or
(B) a major disaster or emergency designated by the
President--
(i) during calendar year 2005 under the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); or
(ii) during calendar year 2006 under that Act,
but for which a request was pending as of December
31, 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
[[Page 120 STAT. 475]]
Subtitle A--Crop and Livestock Assistance
SEC. 3011. SUGAR AND SUGARCANE DISASTER ASSISTANCE.
(a) Florida.--The Secretary of Agriculture shall use $40,000,000 of
funds of the Commodity Credit Corporation to make payments to processors
in Florida that are eligible to obtain a loan under section 156(a) of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(a)) to compensate first processors and producers for crop and other
losses in hurricane-affected counties that are related to hurricanes,
tropical storms, excessive rains, floods, and wind in Florida during
calendar year 2005, by an agreement on the same terms and conditions, to
the maximum extent practicable, as the payments made under section 102
of the Emergency Supplemental Appropriations for Hurricane Disasters
Assistance Act of 2005 (Public Law 108-324; 118 Stat. 1235), including
that the 2005 base production of each harvesting unit shall be
determined using the same base year crop production history that was
used pursuant to the agreement under that section.
(b) Louisiana.--
(1) Compensation for losses.--The Secretary shall use
$40,000,000 of the funds of the Commodity Credit Corporation to
make assistance available to first processors of sugarcane that
operate in a hurricane-affected county, or obtain sugarcane from
a hurricane-affected county, and that are eligible to obtain a
loan under section 156(a) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272(a)), in the form of
monetary payments or commodities in the inventory of the
Commodity Credit Corporation derived from carrying out that
section, to compensate producers and first processors for crop
and other losses due to Hurricane Katrina, Hurricane Rita, or
related conditions.
(2) Administration.--Assistance under this subsection shall
be--
(A) shared by an affected first processor with
affected producers that provide commodities to the
processor in a manner that reflects contracts entered
into between the processor and the producers, except
with respect to a portion of the amount of total
assistance provided under paragraph (1) necessary to
compensate affected producers for individual losses
experienced by the producers, including losses due to
saltwater intrusion, flooding, wind damage, or increased
planting, replanting, or harvesting costs, which shall
be transferred by the first processor to the affected
producers without regard to contractual share
arrangements; and
(B) made available under such terms and conditions
as the Secretary determines are necessary to carry out
this subsection.
(3) Form of assistance.--In carrying out this subsection,
the Secretary shall--
(A) convey to the first processor commodities in the
inventory of the Commodity Credit Corporation derived
from carrying out section 156(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(a));
(B) make monetary payments to the first processor;
or
[[Page 120 STAT. 476]]
(C) take any combination of actions described in
paragraphs (1) and (2), using commodities or monetary
payments.
(4) Loss determination.--In carrying out this subsection,
the Secretary shall use the same base year to determine crop
loss that was elected by a producer to determine crop loss in
carrying out the hurricane assistance program under section 207
of the Agricultural Assistance Act of 2003 (Public Law 108-7;
117 Stat. 543).
(5) Limitation.--The Secretary shall provide assistance
under this subsection only in a State described in section
359f(c)(1)(A) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359ff(c)(1)(A)).
(c) Texas.--The Secretary shall use $400,000 of funds of the
Commodity Credit Corporation to assist sugarcane growers in Texas by
making a payment in that amount to a farmer-owned cooperative sugarcane
processor in that State, for costs of demurrage, storage, and
transportation resulting from hurricanes, excessive rains, floods, wind,
and other related conditions during calendar year 2005.
SEC. 3012. LIVESTOCK ASSISTANCE.
(a) Livestock Compensation Program.--
(1) Use of <<NOTE: Effective date.>> commodity credit
corporation funds.--Effective beginning on the date of enactment
of this Act, the Secretary shall use $95,000,000 of funds of the
Commodity Credit Corporation to provide assistance under the
same terms and conditions as assistance provided under section
203 of the Agricultural Assistance Act of 2003 (Public Law 108-
7; 117 Stat. 539).
(2) Eligible applicants.--Subject to subsection (d), in
providing assistance under paragraph (1), the Secretary shall
provide assistance to any applicant that--
(A) produces poultry, swine, sheep, beef, equine,
buffalo, beefalo, dairy, goats, or an animal described
in section 10806(a)(1) of the Farm Security and Rural
Investment Act of 2002 (21 U.S.C. 321d(a)(1));
(B) conducts an agricultural operation that is
physically located in a hurricane-affected county; and
(C) meets all other eligibility requirements
established by the Secretary.
(b) Livestock Indemnity Program.--
(1) In general.--Effective <<NOTE: Effective
date.>> beginning on the date of enactment of this Act, the
Secretary shall use $30,000,000 of funds of the Commodity Credit
Corporation to carry out a program under the same terms and
conditions as the Livestock Indemnity Program authorized under
title III of Public Law 105-18 (111 Stat. 170).
(2) Eligible applicants.--Subject to subsection (d), in
carrying out the Program, the Secretary shall provide assistance
to any applicant that--
(A) produces poultry, swine, sheep, eggs, beef,
equine, buffalo, beefalo, dairy, goats, crawfish, or an
animal described in section 10806(a)(1) of the Farm
Security and Rural Investment Act of 2002 (21 U.S.C.
321d(a)(1));
(B) conducts an agricultural operation that is
physically located in a hurricane-affected county; and
[[Page 120 STAT. 477]]
(C) meets all other eligibility requirements
established by the Secretary for the Program.
(c) Livestock Indemnity Program for Contract Growers.--
(1) In general.--Subject to subsection (d), the Secretary
shall use funds of the Commodity Credit Corporation to establish
a program to assist poultry and egg producers in hurricane-
affected counties that suffered income losses.
(2) Terms and conditions.--The program established under
paragraph (1) shall contain similar terms and conditions as the
terms and conditions used for the livestock indemnity program
for contract growers described in subpart E of chapter XIV of
title 7, Code of Federal Regulations (as in effect on January 1,
2002).
(d) Limit on Amount of Assistance.--The Secretary shall ensure, to
the maximum extent practicable, that no producer on a farm receives
duplicative payments under this section and any other Federal program
for the same loss.
SEC. 3013. SPECIALTY CROPS AND NURSERY CROPS.
(a) In General.--The Secretary shall use $95,000,000 of funds of the
Commodity Credit Corporation to provide assistance to producers of
specialty crops and nursery crops in hurricane-affected counties.
(b) Administration.--
(1) In general.--Assistance required by subsection (a) shall
be carried out by the Secretary under the same terms and
conditions as the special disaster relief programs carried out
for producers that suffered from crop damage and tree losses,
and carried out related cleanup, in certain areas of Florida due
to Hurricanes Charley, Frances, and Jeanne during August and
September 2004, as described in the notice of program
implementation relating to Florida citrus, fruit, vegetable, and
nursery crop disaster programs (69 Fed. Reg. 63134 (October 29,
2004)), with vegetable losses treated as citrus losses for
purposes of that program.
(2) Loss of records.--Due to the complete destruction of the
business records of many producers, the Secretary shall use the
best available information in determining eligibility,
determining losses, and calculating payment amounts under this
section.
(c) Limit on Amount of Assistance.--The Secretary shall ensure, to
the maximum extent practicable, that no producer on a farm receives
duplicative payments under this section and any other Federal program
for the same loss.
SEC. 3014. DAIRY ASSISTANCE.
The Secretary shall use $17,000,000 of the funds of the Commodity
Credit Corporation to make payments to dairy producers for dairy
production losses and dairy spoilage losses in hurricane-affected
counties.
SEC. 3015. COTTONSEED.
(a) In General.--The Secretary shall use $15,000,000 of the funds of
the Commodity Credit Corporation to provide assistance to producers and
first-handlers of the 2005 crop of cottonseed in hurricane-affected
counties.
(b) Distribution of Funds.--The Secretary shall provide disaster
assistance under subsection (a) under the same terms and
[[Page 120 STAT. 478]]
conditions as assistance provided under section 206 of the Agricultural
Assistance Act of 2003 (Public Law 108-7; 117 Stat. 543), except that
assistance shall be--
(1) distributed to producers and first handlers of
cottonseed; and
(2) based on cottonseed production during the most recent
year for which a disaster payment specifically for cottonseed
was not authorized.
Subtitle B--Forestry
SEC. 3021. TREE ASSISTANCE PROGRAM.
(a) Definition of Tree.--In this section, the term ``tree'' includes
a tree (including a Christmas tree, ornamental tree, nursery tree, and
potted tree), bush (including a shrub), and vine.
(b) Program.--Except as otherwise provided in this section, the
Secretary shall use such sums of funds of the Commodity Credit
Corporation to provide assistance under the tree assistance program
established under sections 10201 through 10203 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to--
(1) producers who suffered tree losses in hurricane-affected
counties; and
(2) fruit and tree nut producers in hurricane-affected
counties for site preparation, replacement, rehabilitation, and
pruning.
(c) Costs.--Funds made available under this section shall also be
made available to cover costs associated with tree pruning, tree
rehabilitation, and other appropriate tree-related activities as
determined by the Secretary.
(d) Limit on Amount of Assistance.--The Secretary shall ensure, to
the maximum extent practicable, that no producer on a farm receives
duplicative payments under this section and any other Federal program
for the same loss.
SEC. 3022. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.
Section 1231(k)(3)(G) of the Food Security Act of 1985 (16 U.S.C.
3831(k)(3)(G)) is amended by striking ``$404,100,000'' and inserting
``$504,100,000''.
Sec. 3023. When evaluating an offer to enroll private nonindustrial
forest land into the emergency forestry conservation reserve program, as
authorized by section 1231(k) of the Food Security Act of 1985 (16
U.S.C. 3831(k)), the Secretary of Agriculture shall accord equal weight
to, and not distinguish between, private nonindustrial forest lands
comprised of softwood or hardwood trees for the purpose of determining
whether the private nonindustrial forest land of the landowner satisfies
criteria used to evaluate the offer, including, but not limited to, soil
erosion prevention, water quality improvement, wildlife habitat
restoration, and mitigation of economic loss.
[[Page 120 STAT. 479]]
Subtitle C--Miscellaneous
SEC. 3031. ADMINISTRATIVE COSTS.
The Secretary may use not more than $9,600,000 of funds of the
Commodity Credit Corporation to cover administrative costs incurred by
the Farm Service Agency directly related to carrying out this title.
SEC. 3032. AQUACULTURE PRODUCER GRANTS.
Grants to assist aquaculture producers announced by the Secretary on
May 10, 2006 (71 Fed. Reg. 27188; relating to 2005 section 32 hurricane
disaster programs) shall be provided for industry recovery in a manner
consistent with the announcement or under the same terms and conditions
as assistance provided under section 203(a)(2)(B) of the Agricultural
Assistance Act of 2003 (Public Law 108-7; 117 Stat. 540).
SEC. 3033. EMERGENCY DESIGNATION.
Amounts made available by the transfer of funds in or pursuant to
this title are designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
SEC. 3034. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this title.
(b) Procedure.--The promulgation of the regulations and
administration of this title shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.
TITLE IV
PANDEMIC FLU
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'' to prepare for and respond to an influenza pandemic,
including international activities and activities in foreign countries,
preparedness planning, enhancing the pandemic influenza regulatory
science base, accelerating pandemic influenza
[[Page 120 STAT. 480]]
disease surveillance, developing registries to monitor influenza vaccine
distribution and use, supporting pandemic influenza research, clinical
trials and clinical trials infrastructure, and the development and
purchase of vaccines, antivirals, and necessary medical supplies,
$2,300,000,000, to remain available until expended: Provided, That
$30,000,000 shall be transferred to and merged with funds appropriated
under the heading ``Child Survival and Health Programs Fund'' in chapter
3 of title II of division B, of Public Law 109-148 for activities
related to international surveillance, planning, preparedness, and
response to the avian influenza virus: Provided further, That
$250,000,000 shall be for upgrading State and local capacity, and at
least $200,000,000 shall be for the Centers for Disease Control and
Prevention to carry out global and domestic disease surveillance,
laboratory capacity and research, laboratory diagnostics, risk
communication, rapid response and quarantine: Provided further, That
products purchased with these funds may, at the discretion of the
Secretary, be deposited in the Strategic National Stockpile: Provided
further, That notwithstanding section 496(b) of the Public Health
Service Act, funds may be used for the construction or renovation of
privately owned facilities for the production of pandemic influenza
vaccines and other biologicals, where the Secretary finds such a
contract necessary to secure sufficient supplies of such vaccines or
biologicals: Provided further, That the Secretary may negotiate a
contract with a vendor under which a State may place an order with the
vendor for antivirals; may reimburse a State for a portion of the price
paid by the State pursuant to such an order; and may use amounts made
available herein for such reimbursement: Provided further, That funds
appropriated herein and not specifically designated under this heading
may be transferred to other appropriation accounts of the Department of
Health and Human Services, as determined by the Secretary to be
appropriate, to be used for the purposes specified in this sentence:
Provided further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
TITLE V
BORDER SECURITY
CHAPTER 1
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $708,000,000 for emergency National Guard support to the
Department of Homeland Security, including operating surveillance
systems, analyzing intelligence, installing fences and vehicle barriers,
building patrol roads, and providing training, to remain available until
September 30, 2007: Provided, That the Secretary of Defense may transfer
these funds to appropriations
[[Page 120 STAT. 481]]
for military personnel, operation and maintenance, and procurement to be
available for the same purposes as the appropriation or fund to which
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all or part of
the funds so transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred back to
this appropriation, to be merged with and made available for the same
purposes and for the time period provided under
this <<NOTE: Deadline. Notification.>> heading: Provided further, That
the Secretary of Defense shall, not more than five days after making
transfers from this appropriation, notify the congressional defense
committees in writing of any such transfer.
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$410,000,000, to remain available until September 30, 2007: Provided,
That the entire amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
For an additional amount for ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'', $95,000,000, to remain
available until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CONSTRUCTION
For an additional amount for ``Construction'', $300,000,000, to
remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Immigration and Customs Enforcement
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$327,000,000, to remain available until September 30, 2007: Provided,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
[[Page 120 STAT. 482]]
Preparedness
Office for Domestic Preparedness
STATE AND LOCAL PROGRAMS
For an additional amount for ``State and Local Programs'', for
discretionary grants as determined by the Secretary, $15,000,000, to
remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Federal Law Enforcement Training Center
acquisition, construction, improvements, and related expenses
For an additional amount for ``Acquisition, Construction,
Improvements, and Related Expenses'', $25,000,000, to remain available
until September 30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
CHAPTER 3
DEPARTMENT OF JUSTICE
General Administration
Administrative Review and Appeals
For an additional amount for ``Administrative Review and Appeals'',
$9,000,000, to remain available until September 30, 2007: Provided, That
the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Legal Activities
Salaries and Expenses, General Legal Activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $9,000,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
Salaries and Expenses, United States Attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $2,000,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
[[Page 120 STAT. 483]]
TITLE VI
LEGISLATIVE BRANCH
ARCHITECT OF THE CAPITOL
Capitol Power Plant
For an additional amount for ``Capitol Power Plant'', $27,600,000,
to remain available until September 30, 2011: Provided, That the amount
provided under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
TITLE VII
GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
availability of funds
Sec. 7001. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 7002. Funds appropriated in this Act, or made available by the
transfer of funds in or pursuant to this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 7003. Section 8044 of Public Law 109-148 (119 Stat. 2708) is
amended as follows: After ``Defense,'' and before ``acting'' insert,
``notwithstanding any other provision of law,''.
Sec. 7004. (a) Of the unobligated balances made available pursuant
to section 504 of Public Law 108-334, $20,000,000 are rescinded.
(b) For an additional amount for ``United States Secret Service,
Salaries and Expenses'', $20,000,000, to remain available until
September 30, 2007.
Sec. 7005. (a) Of the funds available for ``Screening Coordination
and Operations'', $3,960,000 are rescinded.
(b) For an additional amount for the ``Office of the Secretary and
Executive Management'', $3,960,000.
Sec. 7006. Public Law 109-90 is amended by striking section
528. <<NOTE: 119 Stat 2086.>>
Sec. 7007. Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
``June 30, 2006'' and inserting ``September 30, 2007''.
Sec. 7008. For an additional amount for ``Department of Labor, Mine
Safety and Health Administration, Salaries and Expenses'', $25,600,000
for the enforcement of mine safety law with respect to coal mines,
including the training and equipping of inspectors:
Provided, <<NOTE: Reports. Deadline.>> That progress reports on hiring
shall be submitted to the House and Senate Committees on Appropriations
and the Committee on Health, Education, Labor and Pensions of the Senate
and the Committee on Education and the Workforce of the House on a
quarterly basis, with the first report due July 15, 2006: Provided
further, That the amount provided under this heading shall remain
available until September 30, 2007: Provided further,
[[Page 120 STAT. 484]]
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Sec. 7009. Unexpended balances for Health Resources and Services
Administration grant number 7C6HF03601-01-00, appropriated in Public Law
106-554, shall remain available until September 30, 2009.
Sec. 7010. For an additional amount for ``Department of Health and
Human Services, Centers for Disease Control and Prevention, Disease
Control, Research and Training'', to carry out section 501 of the
Federal Mine Safety and Health Act of 1977, $10,000,000 for research to
develop mine safety technology:
Provided, <<NOTE: Reports. Deadline.>> That progress reports on
technology development shall be submitted to the House and Senate
Committees on Appropriations and the Committee on Health, Education,
Labor and Pensions of the Senate and the Committee on Education and the
Workforce of the House on a quarterly basis, with the first report due
July 15, 2006: Provided further, That the amount provided under this
heading shall remain available until September 30, 2007: Provided
further, That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Sec. 7011. Public Law 109-149 (119 Stat. 2876) under the heading
``Railroad Retirement Board, Dual Benefits Payments Account'' is amended
by striking ``to the amount by which the product of recipients and the
average benefit received exceeds $97,000,000'' and inserting ``to the
amount by which the product of recipients and the average benefit
received exceeds the amount available for payment of vested dual
benefits'' in lieu thereof.
Sec. 7012. Section 224 of Public Law 109-149 (119 Stat. 2862) is
amended by striking ``June'' and inserting ``December'' in lieu thereof.
Sec. 7013. None of the funds appropriated in Public Law 109-149 or
prior Acts under the heading ``Employment and Training Administration''
that are available for expenditure on or after the date of enactment of
this section shall be used by a recipient or subrecipient of such funds
to pay the salary and bonuses of an individual, either as direct costs
or indirect costs, at a rate in excess of Executive Level II, except as
provided for under section 101 of Public Law 109-149. This limitation
shall not apply to vendors providing goods and services as defined in
OMB Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
Sec. 7014. <<NOTE: Awards. 42 USC 12601 note.>> Any national service
educational award described in subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et seq.), made with funds
appropriated to, funds transferred to, or interest accumulated in the
National Service Trust, shall hereafter be known as a ``Segal AmeriCorps
Education Award''.
[[Page 120 STAT. 485]]
Sec. 7015. (a) Repeal of Single Holder Rule.--Section 428C(b)(1)(A)
of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)(A)) is
amended by striking ``and (i)'' and all that follows through ``so
selected for consolidation)''.
(b) Effective Date.--The <<NOTE: 20 USC 1078-3 note.>> amendment
made by subsection (a) shall apply with respect to any loan made under
section 428C of the Higher Education Act of 1965 (20 U.S.C. 1078-3) for
which the application is received by an eligible lender on or after the
date of enactment of this Act.
(c) Consolidation Into Direct Lending.--Section 428C(b)(5) of the
Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(5)) is amended by
striking ``Direct loans.--'' and all that follows through ``Such direct
consolidation loan'' and inserting the following: ``Direct loans.--In
the event that a borrower is unable to obtain a consolidation loan from
a lender with an agreement under subsection (a)(1), or is unable to
obtain a consolidation loan with income-sensitive repayment terms
acceptable to the borrower from such a lender, the Secretary shall offer
any such borrower who applies for it, a Federal Direct Consolidation
loan. Such direct consolidation loan''.
(d) Repeal.--Section 8009(a) of the Higher Education Reconciliation
Act of 2005 (Public Law 109-171, 120 Stat. 164) <<NOTE: 20 USC 1078-
3.>> is amended by striking paragraph (2).
Sec. 7016. Section 2401 of the Military Construction Authorization
Act for Fiscal Year 2006 (Public Law 109-163) <<NOTE: 119 Stat.
3496.>> is amended by striking after ``Augusta'', ``$61,466,000'' and
inserting in lieu thereof ``$340,854,000''. This project may be
incrementally funded. Funds appropriated in Public Law 109-114 for this
project shall be available to fund the first increment.
Sec. 7017. Section 2401 of the Military Construction Authorization
Act for Fiscal Year 2006 (Public Law 109-163) is amended by striking
after ``Kunia'', ``$305,000,000'' and inserting in lieu thereof
``$350,490,000''. The project may be incrementally funded. Funds
appropriated in Public Laws 108-7, 108-87, and 109-114 for this project
shall be available to fund the first increment.
Sec. 7018. Section 2403(b) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public Law 109-
163) is <<NOTE: 119 Stat. 3500.>> amended in paragraph (2) by striking
``$12,500,000'' and inserting ``$291,888,000'', and in paragraph (3) by
striking ``$256,034,000'' and inserting ``$301,524,000''.
Sec. 7019. Section 2846 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1320), as amended by section 2865 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 118 Stat. 2149) is further amended by striking ``840 acres'' and
inserting ``1,540 acres''.
Sec. 7020. Of the amount made available by the Department of Justice
Appropriations Act, 2006 under the heading ``Community Oriented Policing
Services'' (Public Law 109-108, 199 Stat. 2302), for Paul Coverdell
Forensic Sciences Improvement Grants under part BB of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797 et
seq.), $1,500,000 shall be available to the Attorney General, without
regard to such part BB, for the study on forensic science described in
House Report 109-272 to accompany Public Law 109-108.
[[Page 120 STAT. 486]]
Sec. 7021. The referenced statement of the managers in House Report
109-272, Making Appropriations for Science, the Departments of State,
Justice, and Commerce, and Related Agencies for the Fiscal Year Ending
September 30, 2006, and for other purposes, under this heading is deemed
to be amended with respect to amounts made available under the heading
``Science, Aeronautics and Exploration'' for the Mitchell Institute by
striking ``educational purposes'' and inserting ``the science and
engineering education endowment''.
Sec. 7022. Section 613 of the Science, State, Justice, Commerce, and
Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat.
2336) is amended--
(1) by inserting after ``$500,000 shall be available for the
Iowa Department of Economic Development for the Entrepreneurial
Venture Assistance Project'' the following: ``(including the
ability to make subgrants or loans for such project)''; and
(2) by striking ``Clark County Department of Aviation, Las
Vegas,'' and inserting ``University of Nevada Las Vegas,''.
Sec. 7023. Under the heading ``Department of Transportation, Federal
Highway Administration, Emergency Relief Program'' in Public Law 109-148
(119 Stat. 2778), strike ``$629,000,000'' and insert ``$803,000,000''.
Sec. 7024. Notwithstanding 49 U.S.C. 5336, any funds remaining
available under Federal Transit Administration grant numbers NY-03-345-
00, NY-03-0325-00, NY-03-0405, NY-90-X398-00, NY-90-X373-00, NY-90-X418-
00, NY-90-X465-00 together with an amount not to exceed $19,200,000 in
urbanized area formula funds that were allocated by the New York
Metropolitan Transportation Council to the New York City Department of
Transportation as a designated recipient under 49 U.S.C. 5307 may be
made available to the New York Metropolitan Transportation Authority for
eligible capital projects authorized under 49 U.S.C. 5307 and 5309.
Sec. 7025. For recipients of assistance under chapter 53 of title
49, United States Code, directly affected by Hurricane Katrina, the
Secretary may waive the Federal matching share requirements for Federal
transit assistance programs under such chapter, including the Federal
matching share requirements contained in existing Federal assistance
grant agreements: Provided, That the Secretary may allow such recipients
to use such assistance for operating assistance, notwithstanding the
terms and conditions contained in existing Federal
assistance <<NOTE: Expiration date.>> grant agreements: Provided
further, That the authority of the Secretary hereunder shall expire two
years after the date of enactment of this section, unless determined
otherwise by the Secretary for a compelling need.
Sec. 7026. The first sentence under the heading ``Department of the
Treasury, Departmental Offices, Salaries and Expenses'' in title II of
division A of Public Law 109-115 (119 Stat. 2432) is amended by
inserting after ``travel expenses'' the words ``(except for travel
performed by officials in the Office of Terrorism and Financial
Intelligence and the Office of International Affairs)''.
Sec. 7027. (a) Funds appropriated for intelligence activities, or
made available by the transfer of funds, by this Act, by Public Law 109-
108 for the Department of Justice, or by Public Law 109-115 for the
Department of the Treasury, are deemed to be specifically authorized by
the Congress for purposes of section 504 of the National Security Act of
1947, as amended, (50 U.S.C. 414)
[[Page 120 STAT. 487]]
during fiscal year 2006 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2006.
(b) <<NOTE: Effective date.>> Subsection (a) shall be effective:
(1) with respect to funds appropriated, or made available by
the transfer of funds, by this Act, upon the enactment of this
Act;
(2) with respect to funds appropriated, or made available by
the transfer of funds, by Public Law 109-108 for the Department
of Justice, as if enacted on the date of enactment of Public Law
109-108; and
(3) with respect to funds appropriated, or made available by
the transfer of funds, by Public Law 109-115 for the Department
of the Treasury, as if enacted on the date of enactment of
Public Law 109-115.
Sec. 7028. (a) The matter under the heading ``Tenant-Based Rental
Assistance'' in chapter 9 of title I of division B of Public Law 109-
148 <<NOTE: 119 Stat. 2779.>> is amended--
(1) in the first proviso, by striking ``or the Stewart B.
McKinney Homeless Assistance Act (Public Law 100-77)'' and
inserting ``the McKinney-Vento Homeless Assistance Act, section
221(d)(3), 221(d)(5), or 236 of the National Housing Act, or
section 101 of the Housing and Urban Development Act of 1965'';
and
(2) in the second proviso, by inserting ``, except that
paragraph (7)(A) of such section shall not apply'' after
``1937''.
(b) The provisions of this section are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Sec. 7029. The Department of Housing and Urban Development
Appropriations Act, 2006 (Public Law 109-115) is amended in designated
paragraph (5) under the heading ``Tenant-based Rental Assistance''--
<<NOTE: 119 Stat. 2441.>>
(1) by striking ``$10,000,000'' and inserting
``$25,000,000''; and
(2) by striking ``$1,240,000,000'' and inserting
``$1,225,000,000''.
Sec. 7030. (a) The second paragraph under the heading ``Community
Development Fund'' in title III of division A of Public Law 109-
115 <<NOTE: 119 Stat. 2447.>> is amended by striking ``statement of
managers accompanying this Act'' and inserting ``statement of managers
correction for H.R. 3058 relating to the Economic Development Initiative
submitted to the House of Representatives by the Chairman of the
Committee on Appropriations of the House on November 18, 2005, and
printed in the House section of the Congressional Record on such date''.
(b) Section 5023 of title V of division B of Public Law 109-
148 <<NOTE: 119 Stat. 2817.>> is amended by striking ``in title III of
Public Law 109-115 (as in effect pursuant to H. Con. Res. 308, 109th
Congress)'' and inserting ``in title III of division A of Public Law
109-115''.
(c) <<NOTE: Applicability.>> Each amendment made by this section
shall apply as if included in the amended public law on the date of its
enactment.
Sec. 7031. The referenced statement of the managers under the
heading ``Community Development Fund'' in title II, division G of Public
Law 108-199 is deemed to be amended--
[[Page 120 STAT. 488]]
(1) with respect to item number 402, by striking ``in Kansas
City, Missouri'' and inserting ``in the Kansas City Metropolitan
Statistical Area (MSA)'';
(2) with respect to item number 329 by striking ``for
purchase of the D.C. Metropolitan Police Boys and Girls Club
facility'' and inserting ``for renovation of Boys and Girls
Clubs of Greater Washington Clubhouse #2, Clubhouse #4,
Clubhouse #10, Clubhouse #11, and Clubhouse #14 in the District
of Columbia'';
(3) with respect to item number 188 by striking ``the City
of Macon for construction of the historic Coca-Cola building''
and inserting ``Wesleyan College in Macon, Georgia for facility
renovation, build out, and construction'';
(4) with respect to item number 830 by striking
``construction'' and inserting ``purchase, renovation, build out
and upgrade'';
(5) with respect to item number 380 by striking ``for
construction of a new facility'' and inserting ``to upgrade an
existing facility'';
(6) with respect to item number 348 by striking ``land
acquisition'' and inserting ``the construction and renovation of
the Holyoke Community College Enrollment Center''; and
(7) with respect to item number 602 by striking ``to the J.
Frank Troy Senior Center in Toledo, Ohio for renovation and
construction'' and inserting ``, including $100,000 to the
Northwest Ohio Area Office on Aging for construction of the
Jerusalem Township Senior Center and Food Pantry; and $100,000
to Aurora Gonzales Resource Center, Toledo, Ohio, for renovation
and build out of a facility''.
Sec. 7032. The referenced statement of the managers under the
heading ``Community Development Fund'' in title II, division I of Public
Law 108-447 is deemed to be amended--
(1) with respect to item number 838 by striking ``City of
Canby, Minnesota'' and inserting ``Western Five Community
Development Corporation.'';
(2) with respect to item number 912 by striking
``renovations to the Broadway Market'' and inserting ``the
demolition and redevelopment of properties in the Broadway-
Fillmore Corridor, Buffalo, New York'';
(3) with respect to item number 631 by striking
``contruction'' and inserting ``acquisition'';
(4) with respect to item number 536 by striking ``an
economic development planning study'' and inserting ``the Main
Street Revitalization Project'';
(5) with respect to item number 444, by striking ``City of
St. Petersburg, Florida for facilities construction and
renovation for the Mid-Pinellas Science Center'' and inserting
``St. Petersburg College, City of Seminole, Florida for the
development of Science and Nature Park at St. Petersburg
College'';
(6) with respect to item 260 by inserting after renovations
``and for property renovation at 754 Broad Street for the Family
Center emergency shelter for families and children''; and
(7) with respect to item number 136, by striking
``renovation of the Fire House in Brookhaven, Mississippi'' and
inserting ``the restoration of the historic City Hall in
Brookhaven, Mississippi''.
[[Page 120 STAT. 489]]
Sec. 7033. The statement of managers correction referenced in the
second paragraph under the heading ``Community Development Fund'' in
title III, division A of Public Law 109-115 is deemed to be amended--
(1) with respect to item number 793 by striking ``for street
infrastructure and parking facility improvements'' and inserting
``to purchase and demolish blighted property, develop detailed
design/construction drawings, and to begin site preparation for
new infill housing lots'';
(2) with respect to item number 1114 by striking ``West
Virginia Technical College'' and inserting ``West Virginia
University Institute of Technology Community and Technical
College'';
(3) with respect to item number 849, by striking ``Mahonoy
City, Pennsylvania for improvements to West Market Street'' and
inserting ``Mahanoy City, Pennsylvania for improvements to
Centre Street'';
(4) with respect to item number 740 by striking
``infrastructure improvements in Central Plaza Park'' and
inserting ``the demolition and redevelopment of properties in
the Broadway-Fillmore Corridor, Buffalo, New York'';
(5) with respect to item number 374 by striking ``Day Care''
and inserting ``Senior Citizens'';
(6) with respect to item number 714, by striking
``construction of a senior center;'' and inserting ``renovation
and build out of a multipurpose center;'';
(7) with respect to item number 850, by striking ``City of
Lancaster, Pennsylvania'' and inserting ``in Pennsylvania'';
(8) with respect to item number 925, by striking ``Greenwood
Partnership Alliance, South Carolina for the renovation of the
Old Federal Courthouse'' and inserting ``City of Greenwood,
South Carolina for the Emerald Triangle Project''; and
(9) with respect to item number 615 by inserting ``and UND
Technology Transfer and Commercialization Center'' before the
semicolon.
Sec. 7034. Notwithstanding any other provision of law, the
Administrator of General Services may convey, without consideration
ownership and jurisdiction (custody, accountability and control) to the
City of Crosby, North Dakota real property as described: Lots 9, 10, 11,
12, 13, and 14, Eastlawn Addition to Crosby, Divide County, North
Dakota.
Sec. 7035. 2007 Discretionary Limits. (a) In General.--For the
purposes of section 302(a) of the Congressional Budget Act of 1974, the
allocations of the appropriate levels of budget totals for the Committee
on Appropriations of the Senate for fiscal year 2007 shall be--
(1) $872,778,000,000 in total new budget authority for
general purposes discretionary; and
(2) $577,241,000,000 in total new budget authority for
mandatory;
until a concurrent resolution on the budget for fiscal year 2007 is
agreed to by the Senate and the House of Representatives pursuant to
section 301 of the Congressional Budget Act of 1974.
(b) Adjustments and Limits.--The <<NOTE: Applicability.>> limits and
adjustments provided in section 402 of S. Con. Res. 83 (109th Congress),
as
[[Page 120 STAT. 490]]
passed the Senate, for fiscal year 2007 shall apply to subsection (a).
(c) Application.--The section 302(a) allocations in subsection (a)
shall be deemed to be allocations set forth in the joint explanatory
statement of managers accompanying the concurrent resolution on the
budget for fiscal year 2007, as though adopted by Congress, for all
purposes under titles III and IV of the Congressional Budget Act of
1974. Section 302(a)(4) of the Congressional Budget Act of 1974 shall
not apply to this section.
(d) Exceptions.--The following provisions of H. Con. Res. 95 (109th
Congress) shall not apply in the Senate--
(1) Section 404; and
(2) <<NOTE: Effective date.>> until January 3, 2007, section
403(b)(2).
(e) Effective Date.--This section shall take effect on the date of
enactment of this Act.
This Act may be cited as the ``Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Hurricane Recovery,
2006''.
Approved June 15, 2006.
LEGISLATIVE HISTORY--H.R. 4939:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 109-388 (Comm. on Appropriations) and 109-494
(Comm. of Conference).
SENATE REPORTS: No. 109-230 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Mar. 15, 16, considered and passed House.
Apr. 25-27, May 1-4, considered and passed Senate, amended.
June 12, House considered conference report.
June 13, House agreed to conference report. Senate
considered conference report.
June 14, 15, Senate considered and agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
June 15, Presidential statement.
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