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