[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4939 Engrossed Amendment Senate (EAS)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                           May 4, 2006.
    Resolved, That the bill from the House of Representatives (H.R. 
4939) entitled ``An Act making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2006, and for other purposes, namely:

                                TITLE I

            GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

    For an additional amount for ``Public Law 480 Title II Grants'', 
during the current fiscal year, not otherwise recoverable, and 
unrecovered prior years' costs, including interest thereon, under the 
Agricultural Trade Development and Assistance Act of 1954, for 
commodities supplied in connection with dispositions abroad under title 
II of said Act, $350,000,000, to remain available until expended: 
Provided, That from this amount, to the maximum extent possible, 
funding shall be used to support the previously approved fiscal year 
2006 programs under section 204(a)(2) of the Agricultural Trade 
Development and Assistance Act of 1954: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                            Legal Activities

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses'', $3,000,000, 
to remain available until September 30, 2007: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                     United States Marshals Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $1,500,000, 
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.

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$82,000,000, 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.

                    Drug Enforcement Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,000,000, 
to remain available until September 30, 2007: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $4,000,000, 
to remain available until September 30, 2007: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For an additional amount for ``Diplomatic and Consular Programs'', 
$1,452,600,000, to remain available until September 30, 2007: Provided, 
That of the funds available under this heading, not less than $250,000 
shall be made available for the establishment and adequate support, 
including staffing and travel, of the Office of the Presidential 
Special Envoy for Sudan, with a mandate that shall include pursuing, in 
conjunction with the African Union and other international actors, a 
sustainable peace settlement to end the genocide in Darfur, Sudan, 
assisting the parties to the Comprehensive Peace Agreement for Sudan 
with implementation of the Agreement, coordinating policy, making 
recommendations, and pursuing efforts related to conflict resolution to 
bring lasting stability to all areas of Sudan and the region, including 
northern Uganda and Chad, facilitating, in cooperation with the people 
of Darfur and the African Union, a dialogue within Darfur to promote 
conflict resolution and reconciliation at the grass roots level, and 
developing a common policy approach among international partners to 
address such issues: Provided further, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                      Office of Inspector General

                     (including transfer of funds)

    For an additional amount for ``Office of Inspector General'', 
$25,300,000, to remain available until September 30, 2007, of which 
$24,000,000 shall be transferred to the Special Inspector General for 
Iraq Reconstruction: 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.

               Educational and Cultural Exchange Programs

    For an additional amount for ``Educational and Cultural Exchange 
Programs'', $5,000,000, to remain available until expended: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                      International Organizations

        contributions for international peacekeeping activities

    For an additional amount for ``Contributions for International 
Peacekeeping Activities'', $129,800,000, to remain available until 
September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For an additional amount for ``International Broadcasting 
Operations'' for programs and activities promoting democracy in Iran, 
$30,250,000, 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.

                    GENERAL PROVISION--THIS CHAPTER

              diplomatic and consular programs--limitation

    Sec. 1201. Notwithstanding any other provision of this Act, the 
amount provided for ``Diplomatic and Consular Programs'' shall be 
$1,392,600,000.

                         authorization of funds

    Sec. 1202. Funds appropriated or made available by transfer in this 
chapter may be obligated and expended notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956, section 10 of Public 
Law 91-672 (22 U.S.C. 2412), section 504(a)(1) of the National Security 
Act of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236).
    Sec. 1203. Department of State and USAID Authorities. (a) Waiver of 
Annuity Limitations on Reemployed Foreign Service Annuitants.--Section 
824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is 
amended to read as follows:
    ``(g)(1) The Secretary of State may waive the application of 
subsections (a) through (d) on a case-by-case basis for an annuitant 
reemployed on a temporary basis, or grant authority to the head of an 
Executive agency to waive the application of subsections (a) through 
(d) on a case-by-case basis for an annuitant reemployed on a temporary 
basis--
            ``(A) if, and for so long as, such waiver is necessary due 
        to an emergency involving a direct threat to life or property 
        or other unusual circumstances; or
            ``(B) if the annuitant is employed in a position for which 
        there is exceptional difficulty in recruiting or retaining a 
        qualified employee.
    ``(2) The authority of the Secretary to waive the application of 
subsections (a) through (d) for an annuitant pursuant to subparagraph 
(B) of paragraph (1), or to grant authority to the head of an Executive 
agency to waive the application of such subsections to an annuitant 
under subparagraphs (A) or (B) of such paragraph, shall terminate on 
October 1, 2008. An annuitant reemployed pursuant to such authority 
prior to such termination date may be employed for a period ending not 
later than one year after such date.
    ``(3) The Secretary should prescribe procedures for the exercise of 
any authority under paragraph (1), including criteria for any exercise 
of authority and procedures for a delegation of authority.''.
    (b) Waiver of Annuity Limitations on Reemployed Civil Service 
Annuitants.--
            (1) Department of state.--Title I of the Department of 
        State Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) 
        is amended by adding at the end the following new section:

``SEC. 61. REEMPLOYMENT OF ANNUITANTS UNDER THE CIVIL SERVICE 
              RETIREMENT SYSTEM AND FEDERAL EMPLOYEES' RETIREMENT 
              SYSTEM.

    ``(a) Authority.--
            ``(1) In general.--The Secretary of State may waive the 
        application of the provisions of section 8344 or 8468 of title 
        5, United States Code, on a case-by-case basis for employment 
        of an annuitant in a position in the Department of State for 
        which there is exceptional difficulty in recruiting or 
        retaining a qualified employee, or when a temporary emergency 
        hiring need exists.
            ``(2) Termination of authority.--The authority of the 
        Secretary under paragraph (1) shall terminate on October 1, 
        2008. An annuitant reemployed pursuant to such authority prior 
        to such termination date may be employed for a period ending 
        not later than one year after such date.
    ``(b) Procedures.--The Secretary should prescribe procedures for 
the exercise of any authority under subsection (a), including criteria 
for any exercise of authority and procedures for a delegation of 
authority.
    ``(c) Annuitants Not Treated as Employees for Purposes of 
Retirement Benefits.--An employee for whom a waiver under this section 
is in effect shall not be considered an employee for purposes of 
subchapter III of chapter 83, or chapter 84 of title 5, United States 
Code.''.
            (2) United states agency for international development.--
        Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2385) is amended by adding at the end the following new 
        subsection:
    ``(j)(1)(A) The Administrator of the United States Agency for 
International Development may waive the application of the provisions 
of section 8344 or 8468 of title 5, United States Code, on a case-by-
case basis for employment of an annuitant in a position in the United 
States Agency for International Development for which there is 
exceptional difficulty in recruiting or retaining a qualified employee, 
or when a temporary emergency hiring need exists.
    ``(B) The authority of the Administrator under subparagraph (A) 
shall terminate on October 1, 2008. An annuitant reemployed pursuant to 
such authority prior to such termination date may be employed for a 
period ending not later than one year after such date.
    ``(2) The Administrator should prescribe procedures for the 
exercise of any authority under this subsection, including criteria for 
any exercise of authority and procedures for a delegation of authority.
    ``(3) An employee for whom a waiver under this section is in effect 
shall not be considered an employee for purposes of subchapter III of 
chapter 83, or chapter 84 of title 5, United States Code.''.
    (c) Report on Use of Annuity Limitation Waiver Authority.--Not 
later than 1 year after the date of the enactment of this Act, the 
Secretary of State shall submit to the Committee on Foreign Relations 
and the Committee on Homeland Security and Government Affairs of the 
Senate and the Committee on International Relations and the Committee 
on Government Reform of the House of Representatives a report on the 
exercise of the waiver authorities provided under section 824(g) of the 
Foreign Service Act of 1980 (22 U.S.C. 4064(g)), as amended by 
subsection (a), section 61 of the State Department Basic Authorities 
Act of 1956, as added by subsection (b)(1), and section 625(j) of the 
Foreign Assistance Act of 1961, as added by subsection (b)(2). The 
report shall include the number and type of positions that have been 
filled under such waiver authority, and the retirement date, former job 
title, and new job title of each annuitant reemployed under such 
authority.
    (d) Home Leave Provisions.--
            (1) Travel expenses for rest and recuperation travel.--
        Section 901(6) of the Foreign Service Act (22 U.S.C. 4081(6)) 
        is amended by striking ``unbroken by home leave'' each place it 
        appears.
            (2) Authority to require leaves of absence.--Section 903(a) 
        of the Foreign Service Act (22 U.S.C. 4083) is amended by 
        striking ``18 months'' and inserting ``12 months''.
    (e) Authority To Provide Accommodation and Subsistence to 
Individuals Serving in Iraq and Afghanistan.--The Secretary of State 
may provide during any fiscal year, with or without reimbursement, 
accommodation and subsistence to personnel in Iraq and Afghanistan for 
whom the Chief of Mission is responsible.

        prohibition on use of funds for certain purposes in iraq

    Sec. 1204. None of the funds made available by title I of this Act 
may be made available to establish permanent United States military 
bases in Iraq, or to exercise United States control over the oil 
infrastructure or oil resources of Iraq.

        prohibition on use of funds for certain purposes in iraq

    Sec. 1205. None of the funds made available by title I of this Act 
may be made available to establish permanent military bases in Iraq or 
to exercise control over the oil infrastructure or oil resources of 
Iraq.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$6,665,284,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,071,474,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$860,872,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,195,713,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$150,570,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$115,712,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$13,192,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$3,440,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$121,550,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $6,200,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$17,594,410,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$2,826,693,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,589,911,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $6,057,408,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,879,899,000, of which--
            (1) not to exceed $25,000,000 may be used for the Combatant 
        Commander Initiative Fund, to be used in support of Operation 
        Iraqi Freedom and Operation Enduring Freedom;
            (2) not to exceed $740,000,000, to remain available until 
        expended, may be used for payments to reimburse Pakistan, 
        Jordan, and other key cooperating nations, for logistical, 
        military, and other support provided, or to be provided, to 
        United States military operations, notwithstanding any other 
        provision of law: Provided, That such payments may be made in 
        such amounts as the Secretary of Defense, with the concurrence 
        of the Secretary of State, and in consultation with the 
        Director of the Office of Management and Budget, may determine, 
        in his discretion, based on documentation determined by the 
        Secretary of Defense to adequately account for the support 
        provided, and such determination is final and conclusive upon 
        the accounting officers of the United States, and 15 days 
        following notification to the appropriate congressional 
        committees: Provided further, That the Secretary of Defense 
        shall provide quarterly reports to the congressional defense 
        committees on the use of funds provided in this paragraph;
            (3) not to exceed $36,500,000 for Cooperative Threat 
        Reduction; and
            (4) $75,000,000 shall be transferred to the Coast Guard 
        ``Operating Expenses'' account:
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $100,100,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $236,509,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $87,875,000: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $18,563,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $178,600,000: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $30,400,000: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                    Afghanistan Security Forces Fund

                     (including transfer of funds)

    For the ``Afghanistan Security Forces Fund'', $1,908,133,000, to 
remain available until September 30, 2007: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Commander, 
Office of Security Cooperation--Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Afghanistan, including the 
provision of equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and funding: 
Provided further, That the authority to provide assistance under this 
section is in addition to any other authority to provide assistance to 
foreign nations: Provided further, That the Secretary of Defense may 
transfer such funds to appropriations for military personnel; operation 
and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; and defense 
working capital funds to accomplish the purposes provided herein: 
Provided further, That this transfer authority is in addition to any 
other transfer authority available to the Department of Defense: 
Provided further, That upon a determination that all or part of the 
funds so transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That contributions of funds for the 
purposes provided herein from any person, foreign government, or 
international organization may be credited to this Fund, and used for 
such purposes: Provided further, That the Secretary shall notify the 
congressional defense committees in writing upon the receipt and upon 
the transfer of any contribution, delineating the sources and amounts 
of the funds received and the specific use of such contributions: 
Provided further, That the Secretary of Defense shall, not fewer than 
five days prior to making transfers from this appropriation account, 
notify the congressional defense committees in writing of the details 
of any such transfer: Provided further, That the Secretary shall submit 
a report no later than 30 days after the end of each fiscal quarter to 
the congressional defense committees summarizing the details of the 
transfer of funds from this appropriation: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                       Iraq Security Forces Fund

                     (including transfer of funds)

    For the ``Iraq Security Forces Fund'', $3,703,000,000, to remain 
available until September 30, 2007: Provided, That such funds shall be 
available to the Secretary of Defense, notwithstanding any other 
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command--Iraq, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Iraq, including the provision of 
equipment, supplies, services, training, facility and infrastructure 
repair, renovation, and construction, and funding: Provided further, 
That the authority to provide assistance under this section is in 
addition to any other authority to provide assistance to foreign 
nations: Provided further, That the Secretary of Defense may transfer 
such funds to appropriations for military personnel; operation and 
maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; and defense 
working capital funds to accomplish the purposes provided herein: 
Provided further, That this transfer authority is in addition to any 
other transfer authority available to the Department of Defense: 
Provided further, That upon a determination that all or part of the 
funds so transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That contributions of funds for the 
purposes provided herein from any person, foreign government, or 
international organization may be credited to this Fund, and used for 
such purposes: Provided further, That the Secretary shall notify the 
congressional defense committees in writing upon the receipt and upon 
the transfer of any contribution, delineating the sources and amounts 
of the funds received and the specific use of such contributions: 
Provided further, That the Secretary of Defense shall, not fewer than 
five days prior to making transfers from this appropriation account, 
notify the congressional defense committees in writing of the details 
of any such transfer: Provided further, That the Secretary shall submit 
a report no later than 30 days after the end of each fiscal quarter to 
the congressional defense committees summarizing the details of the 
transfer of funds from this appropriation: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                           Iraq Freedom Fund

                     (including transfer of funds)

    For an additional amount for ``Iraq Freedom Fund'', $25,000,000, to 
remain available for transfer 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.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$1,958,089,000, to remain available until September 30, 2008: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the purpose of allowing 
the Director of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equipment, supplies, 
services, training, facilities, personnel and funds to assist United 
States forces in the defeat of improvised explosive devices: Provided 
further, That within 90 days of the enactment of this Act, a plan for 
the intended management and use of the Fund is provided to the 
congressional defense committees: Provided further, That the Secretary 
of Defense shall submit a report not later than 30 days after the end 
of each fiscal quarter to the congressional defense committees 
providing assessments of the evolving threats, individual service 
requirements to counter the threats, the current strategy for 
predeployment training of members of the Armed Forces on improvised 
explosive devices, and details on the execution of this Fund: Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for military personnel; operation and 
maintenance; procurement; research, development, test and evaluation; 
and defense working capital funds to accomplish the purpose provided 
herein: Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of Defense: 
Provided further, That upon determination that all or part of the funds 
so transferred from this appropriation are not necessary for the 
purpose provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the Secretary of Defense shall, 
not fewer than 5 days prior to making transfers from this 
appropriation, notify the congressional defense committees in writing 
of the details of any such transfer: Provided further, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$533,200,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$203,300,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $1,592,451,000, to remain available until 
September 30, 2008: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$829,679,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$6,286,145,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$412,169,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$63,351,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $327,126,000, to remain available until September 30, 
2008: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$140,144,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$2,576,467,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$679,515,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $29,047,000 to remain available until September 30, 2008: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$1,452,651,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$331,353,000, to remain available until September 30, 2008: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $54,700,000, to remain available until September 
30, 2007: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $124,845,000, to remain available until September 
30, 2007: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $382,630,000, to remain available until 
September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $148,551,000, to remain available until 
September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$516,700,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,153,562,000 for operation and maintenance: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

             Drug Interdiction and Counter-Drug Activities

                     (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities'', $154,596,000, to remain available until expended: 
Provided, That these funds may be used only for such activities related 
to Afghanistan and the Central Asia area: Provided further, That the 
Secretary of Defense may transfer such funds only to appropriations for 
military personnel; operation and maintenance; procurement; and 
research, development, test and evaluation: Provided further, That the 
funds transferred shall be merged with and be available for the same 
purposes and for the same time period as the appropriation to which 
transferred: Provided further, That the transfer authority provided in 
this paragraph is in addition to any other transfer authority available 
to the Department of Defense: Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                    Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$1,815,000: 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 INDEPENDENT AGENCY

               Intelligence Community Management Account

    For an additional amount for the ``Intelligence Community 
Management Account'', $158,875,000: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER

                       special transfer authority

                          (transfer of funds)

    Sec. 1301. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $2,000,000,000 of the funds made available to the 
Department of Defense in this chapter: Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
this authority: Provided further, That the transfer authority provided 
in this section is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That the 
authority in this section is subject to the same terms and conditions 
as the authority provided in section 8005 of the Department of Defense 
Appropriations Act, 2006, except for the fourth proviso: Provided 
further, That the amount made available by the transfer of funds in or 
pursuant to this section is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                       general transfer authority

                          (transfer of funds)

    Sec. 1302. Section 8005 of the Department of Defense Appropriations 
Act, 2006, (Public Law 109-148; 119 Stat. 2680), is amended by striking 
``$3,750,000,000'' and inserting ``$4,350,000,000'': Provided, That the 
amount made available by the transfer of funds in or pursuant to this 
section is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                      defense cooperation account

                          (transfer of funds)

    Sec. 1303. During fiscal year 2006 and from funds in the Defense 
Cooperation Account, the Secretary of Defense may transfer not to 
exceed $5,800,000 to such appropriations or funds of the Department of 
Defense as he shall determine for use consistent with the purposes for 
which such funds were contributed and accepted: Provided, That such 
amounts shall be available for the same time period as the 
appropriation to which transferred: Provided further, That the amount 
made available by the transfer of funds in or pursuant to this section 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                  united states contributions to nato

    Sec. 1304. Section 1005(c)(2) of the National Defense Authorization 
Act, Fiscal Year 2006 (Public Law 109-163) is amended by striking 
``$289,447,000'' and inserting ``$345,547,000''.

                        counter-drug activities

    Sec. 1305. (a) Authority To Provide Support.--Of the amount 
appropriated by this Act under the heading, ``Drug Interdiction and 
Counter-Drug Activities, Defense'', not to exceed $23,100,000 may be 
made available for support for counter-drug activities of the 
Governments of Afghanistan, Pakistan, and Kyrgyzstan: Provided, That 
such support shall be in addition to support provided for the counter-
drug activities of such Governments under any other provision of the 
law.
    (b) Types of Support.--
            (1) Except as specified in subsections (b)(2) and (b)(3) of 
        this section, the support that may be provided under the 
        authority in this section shall be limited to the types of 
        support specified in section 1033(c)(1) of the National Defense 
        Authorization Act for Fiscal Year 1998 (Public Law 105-85, as 
        amended by Public Law 106-398 and Public Law 108-136), and 
        conditions on the provision of support as contained in section 
        1033 shall apply for fiscal year 2006.
            (2) The Secretary of Defense may transfer vehicles, 
        aircraft, and detection, interception, monitoring and testing 
        equipment to said Governments for counter-drug activities.
            (3) For the Government of Afghanistan, the Secretary of 
        Defense may also provide individual and crew-served weapons, 
        and ammunition for counter-drug security forces.

                            advance billing

    Sec. 1306. Notwithstanding 10 U.S.C. 2208(l), the total amount of 
advance billings rendered or imposed for all working capital funds of 
the Department of Defense in fiscal year 2006 shall not exceed 
$1,200,000,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                 commander's emergency response program

    Sec. 1307. In addition to amounts authorized in section 1202(a) of 
Public Law 109-163, from funds made available in this chapter to the 
Department of Defense, not to exceed $423,000,000 may be used to fund 
the Commander's Emergency Response Program and for a similar program to 
assist the people of Afghanistan, to remain available until December 
31, 2007.

     supervision and administration costs of construction projects

    Sec. 1308. Supervision and administration costs associated with a 
construction project funded with Afghan Security Forces Fund or Iraq 
Security Forces Fund appropriations may be obligated at the time a 
construction contract is awarded: Provided, That for the purpose of 
this section, supervision and administration costs include all in-house 
Government costs.

                   prohibition of new start programs

    Sec. 1309. None of the funds provided in this chapter may be used 
to finance programs or activities denied by Congress in fiscal year 
2005 and 2006 appropriations to the Department of Defense or to 
initiate a procurement or research, development, test and evaluation 
new start program without prior written notification to the 
congressional defense committees.

            retroactive payment of additional death gratuity

    Sec. 1310. (a) Effective as of January 6, 2006, and as if included 
in the enactment of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163), subsection (d)(2) of section 1478 of 
title 10, United States Code, as added by section 664(b) of such Act 
(119 Stat. 3316), is amended by striking ``May 11, 2005'' and inserting 
``August 31, 2005''.
    (b) Availability of Funds.--Of the amounts appropriated or 
otherwise made available by this chapter for military personnel, an 
aggregate of $48,750,000 shall be available for the retroactive payment 
of death gratuity with respect to members of the Armed Forces as a 
result of the amendment made by subsection (a).

                           voting assistance

    Sec. 1311. (a) Congress recognizes the importance of ensuring that 
absent uniformed services voters, Department of Defense personnel, and 
their dependents have the opportunity to exercise their right to vote.
    (b) IVAS Ballot Request Program.--
            (1) The Interim Voting Assistance System (IVAS) Ballot 
        Request Program shall be continued with respect to all 
        Department of Defense personnel, and their families, covered by 
        the Uniformed and Overseas Citizens Absentee Voting Act (42 
        U.S.C. 1973ff et seq.).
            (2) Not later than 90 days after the date of the enactment 
        of this Act, the Secretary shall submit to the congressional 
        defense committees a report on the status of the program.
    (c) Funding.--Of the amounts provided by this Act, $5,820,000 shall 
be available for the program referred to in subsection (b).

nonreduction in pay while federal employee is performing active service 
              in the uniformed services or national guard

    Sec. 1312. (a) Short Title.--This section may be cited as the 
``Reservists Pay Security Act of 2006''.
    (b) In General.--Subchapter IV of chapter 55 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed 
              services or National Guard
    ``(a) An employee who is absent from a position of employment with 
the Federal Government in order to perform active duty in the uniformed 
services pursuant to a call or order to active duty under a provision 
of law referred to in section 101(a)(13)(B) of title 10 shall be 
entitled, while serving on active duty, to receive, for each pay period 
described in subsection (b), an amount equal to the amount by which--
            ``(1) the amount of basic pay which would otherwise have 
        been payable to such employee for such pay period if such 
        employee's civilian employment with the Government had not been 
        interrupted by that service, exceeds (if at all)
            ``(2) the amount of pay and allowances which (as determined 
        under subsection (d))--
                    ``(A) is payable to such employee for that service; 
                and
                    ``(B) is allocable to such pay period.
    ``(b)(1) Amounts under this section shall be payable with respect 
to each pay period (which would otherwise apply if the employee's 
civilian employment had not been interrupted)--
            ``(A) during which such employee is entitled to 
        reemployment rights under chapter 43 of title 38 with respect 
        to the position from which such employee is absent (as referred 
        to in subsection (a)); and
            ``(B) for which such employee does not otherwise receive 
        basic pay (including by taking any annual, military, or other 
        paid leave) to which such employee is entitled by virtue of 
        such employee's civilian employment with the Government.
    ``(2) For purposes of this section, the period during which an 
employee is entitled to reemployment rights under chapter 43 of title 
38--
            ``(A) shall be determined disregarding the provisions of 
        section 4312(d) of title 38; and
            ``(B) shall include any period of time specified in section 
        4312(e) of title 38 within which an employee may report or 
        apply for employment or reemployment following completion of 
        service on active duty to which called or ordered as described 
        in subsection (a).
    ``(c) Any amount payable under this section to an employee shall be 
paid--
            ``(1) by such employee's employing agency;
            ``(2) from the appropriation or fund which would be used to 
        pay the employee if such employee were in a pay status; and
            ``(3) to the extent practicable, at the same time and in 
        the same manner as would basic pay if such employee's civilian 
        employment had not been interrupted.
    ``(d) The Office of Personnel Management shall, in consultation 
with Secretary of Defense, prescribe any regulations necessary to carry 
out the preceding provisions of this section.
    ``(e)(1) The head of each agency referred to in section 
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe 
procedures to ensure that the rights under this section apply to the 
employees of such agency.
    ``(2) The Administrator of the Federal Aviation Administration 
shall, in consultation with the Office, prescribe procedures to ensure 
that the rights under this section apply to the employees of that 
agency.
    ``(f) For purposes of this section--
            ``(1) the terms `employee', `Federal Government', and 
        `uniformed services' have the same respective meanings as given 
        them in section 4303 of title 38;
            ``(2) the term `employing agency', as used with respect to 
        an employee entitled to any payments under this section, means 
        the agency or other entity of the Government (including an 
        agency referred to in section 2302(a)(2)(C)(ii)) with respect 
        to which such employee has reemployment rights under chapter 43 
        of title 38; and
            ``(3) the term `basic pay' includes any amount payable 
        under section 5304.''.
    (c) Clerical Amendment.--The table of sections for chapter 55 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
                            National Guard.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to pay periods (as described in section 5538(b) of 
title 5, United States Code, as amended by this section) beginning on 
or after the date of enactment of this Act.

 sense of senate on requests for funds for military operations in iraq 
        and afghanistan for fiscal years after fiscal year 2007

    Sec. 1313. (a) Findings.--The Senate makes the following findings:
            (1) Title IX of the Department of Defense Appropriations 
        Act, 2006 (division A of Public Law 109-148) appropriated 
        $50,000,000,000 for the cost of ongoing military operations 
        overseas in fiscal year 2006, although those funds were not 
        requested by the President.
            (2) The President on February 16, 2006, submitted to 
        Congress a request for supplemental appropriations in the 
        amount of $67,600,000,000 for ongoing military operations in 
        fiscal year 2006, none of which supplemental appropriations was 
        included in the concurrent resolution on the budget for fiscal 
        year 2006, as agreed to in the Senate on April 28, 2005.
            (3) The President on February 6, 2006, included a 
        $50,000,000,000 allowance for ongoing military operations in 
        fiscal year 2007, but did not formally request the funds or 
        provide any detail on how the allowance may be used.
            (4) The concurrent resolution on the budget for fiscal year 
        2007, as agreed to in the Senate on March 16, 2007, anticipates 
        as much as $86,300,000,000 in emergency spending in fiscal year 
        2007, indicating that the Senate expects to take up another 
        supplemental appropriations bill to fund ongoing military 
        operations during fiscal year 2007.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) any request for funds for a fiscal year after fiscal 
        year 2007 for ongoing military operations in Afghanistan and 
        Iraq should be included in the annual budget of the President 
        for such fiscal year as submitted to Congress under section 
        1105(a) of title 31, United States Code;
            (2) any request for funds for such a fiscal year for 
        ongoing military operations should provide an estimate of all 
        funds required in that fiscal year for such operations;
            (3) any request for funds for ongoing military operations 
        should include a detailed justification of the anticipated use 
        of such funds for such operations; and
            (4) any funds provided for ongoing military operations 
        overseas should be provided in appropriations Acts for such 
        fiscal year through appropriations to specific accounts set 
        forth in such appropriations Acts.
    Sec. 1314. (a) The amount appropriated by this chapter under the 
heading ``Operation and Maintenance, Defense-Wide'' and available for 
Cooperative Threat Reduction is increased by $8,000,000.
    (b) Of the amount appropriated by this chapter under the heading 
``Operation and Maintenance, Defense-Wide'' and available for 
Cooperative Threat Reduction, as increased by subsection (a), 
$44,500,000 shall be deposited in the Former Soviet Union Threat 
Reduction Account and shall remain available until September 30, 2008.
    (c) The amount made available under subsection (a) is designated as 
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

                     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'', $10,300,000, to remain available until September 30, 2007: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                         development assistance

    For an additional amount for ``Development Assistance'', 
$22,500,000, to remain available until September 30, 2007: Provided, 
That of the funds appropriated under this heading, $12,000,000 shall be 
made available for assistance for Guatemala for relief and 
reconstruction activities related to Hurricane Stan: Provided further, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

              international disaster and famine assistance

                     (including transfer of funds)

    For an additional amount for ``International Disaster and Famine 
Assistance'', $171,290,000, to remain available until expended, of 
which up to $80,000 may be transferred to and merged with ``Operating 
Expenses of the United States Agency for International Development'', 
for associated administrative costs: Provided, That the amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

   operating expenses of the united states agency for international 
                              development

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development'', $141,600,000, to remain 
available until September 30, 2007: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund

                     (including transfer of funds)

    For an additional amount for ``Economic Support Fund'', 
$1,757,500,000, to remain available until September 30, 2007, of which 
up to $11,000,000 may be used for the costs, as defined in section 502 
of the Congressional Budget Act of 1974, of modifying direct loans and 
guarantees for Afghanistan or otherwise of reducing any amounts owed to 
the United States or any agency of the United States by Afghanistan: 
Provided, That such amounts for the costs of modifying direct loans and 
guarantees shall not be considered ``assistance'' for the purposes of 
any provision of law limiting assistance to a country: Provided 
further, That the last proviso under the heading ``Economic Support 
Fund'' in title II of Public Law 109-102 and comparable provisions in 
prior Acts making appropriations for foreign operations, export 
financing, and related programs shall no longer be applicable to funds 
appropriated under such heading in this Act or any prior Act: Provided 
further, That of the funds available under this heading for assistance 
for Afghanistan, $5,000,000 shall be made available for agriculture and 
rural development programs in Afghanistan to be administered through a 
national consortium of agriculture colleges and land-grant 
universities: Provided further, That of the funds available under this 
heading for assistance for Iraq, not less than $75,000,000 shall be 
made available to the United States Agency for International 
Development for continued support for its Community Action Program in 
Iraq, of which not less than $10,000,000 shall be transferred to and 
merged with funds appropriated under the heading ``Iraq Relief and 
Reconstruction Fund'' in chapter 2 of title II of Public Law 108-106 
and shall be made available for the Marla Ruzicka Iraqi War Victims 
Fund: Provided further, That funds made available under the previous 
proviso shall be in addition to funds appropriated by this Act that are 
available to the United States Agency for International Development for 
Iraq: Provided further, That funds appropriated under this heading that 
are made available for police and judicial reform in Haiti shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                          DEPARTMENT OF STATE

                             Democracy Fund

    For an additional amount for ``Democracy Fund'', $39,750,000, of 
which $34,750,000 shall be made available for programs and activities 
promoting democracy in Iran and of which $5,000,000 shall be made 
available for election assistance in the Democratic Republic of the 
Congo, to remain available until September 30, 2007: Provided, That 
funds appropriated under this heading shall be made available 
notwithstanding any other provision of law, and those funds made 
available to promote democracy in Iran shall be administered by the 
Middle East Partnership Initiative: Provided further, That funds made 
available under this heading in this Act shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

          International Narcotics Control and Law Enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $107,700,000, to remain available until September 
30, 2008: Provided, That of the funds appropriated under this heading, 
not less than $3,300,000 shall be made available for assistance for the 
Peace and Justice Unit of the Colombian Fiscalia notwithstanding 
section 599E of Public Law 109-102: Provided further, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                    Migration and Refugee Assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$110,200,000, to remain available until September 30, 2007: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

     United States Emergency Refugee and Migration Assistance Fund

    For an additional amount for ``United States Emergency Refugee and 
Migration Assistance Fund'', $20,000,000, to remain available until 
September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                       DEPARTMENT OF THE TREASURY

               International Affairs Technical Assistance

    For an additional amount for ``International Affairs Technical 
Assistance'', $13,000,000, to remain available until September 30, 
2007: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                        Peacekeeping Operations

    For an additional amount for ``Peacekeeping Operations'', 
$181,200,000, to remain available until September 30, 2007: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                    GENERAL PROVISIONS--THIS CHAPTER

                  iraq relief and reconstruction fund

    Sec. 1401. Chapter 2 of title II of Public Law 108-106 (117 Stat. 
1225-1226), as amended by Public Law 108-309 (118 Stat. 1142-1143), is 
further amended under the heading ``Iraq Relief and Reconstruction 
Fund'' by--
            (1)(A) striking ``$5,090,000,000'' and inserting 
        ``$5,036,000,000'' for security and law enforcement;
            (B) striking ``$1,960,000,000'' and inserting 
        ``$2,349,800,000'' for justice, public safety infrastructure, 
        and civil society;
            (C) striking ``$4,455,000,000'' and inserting 
        ``$4,220,000,000'' for the electric sector;
            (D) striking ``$1,723,000,000'' and inserting 
        ``$1,735,600,000'' for oil infrastructure;
            (E) striking ``$2,361,000,000'' and inserting 
        ``$2,131,100,000'' for water resources and sanitation;
            (F) striking ``$500,000,000'' and inserting 
        ``$465,500,000'' for transportation and telecommunications;
            (G) striking ``$370,000,000'' and inserting 
        ``$333,700,000'' for roads, bridges, and construction;
            (H) striking ``$793,000,000'' and inserting 
        ``$739,000,000'' for health care;
            (I) striking ``$845,000,000'' and inserting 
        ``$805,300,000'' for private sector development; and
            (J) striking ``$342,000,000'' and inserting 
        ``$410,000,000'' for education, refugees, human rights, and 
        governance; and
            (2) inserting before the period the following: ``: Provided 
        further, That amounts provided under this heading shall remain 
        available for an additional 4 years from the date on which the 
        availability of such funds would otherwise have expired, if 
        such funds are initially obligated before the expiration of the 
        period of availability provided herein, except that after such 
        initial obligation any subsequent obligation may be made 
        without regard to the sectoral limitations set forth under this 
        heading, as amended''.

                          administrative costs

    Sec. 1402. To the extent not otherwise authorized, supervision and 
administrative costs of the Department of Defense associated with a 
construction project funded with the Iraq Relief and Reconstruction 
Fund may be obligated at the time a construction contract is awarded 
or, for pre-existing contracts, by September 30, 2006: Provided, That 
for the purposes of this section, supervision and administration costs 
include all in-house Government costs.

                         authorization of funds

    Sec. 1403. Funds appropriated or made available by transfer in this 
chapter may be obligated and expended notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956, section 10 of Public 
Law 91-672 (22 U.S.C. 2412), section 504(a)(1) of the National Security 
Act of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236).

                         palestinian authority

    Sec. 1404. Section 550 of Public Law 109-102 (119 Stat. 2217) is 
amended to read as follows:

       ``prohibition on assistance for the palestinian authority

    ``Sec. 550. (a) Prohibition on Assistance.--None of the funds 
appropriated by this Act or any prior Act making appropriations for 
foreign operations, export financing, and related programs, may be 
obligated or expended for assistance for the Palestinian Authority 
unless the Secretary of State determines, and so reports to the 
Committees on Appropriations, that the Palestinian Authority has--
            ``(1) publicly acknowledged Israel's right to exist as a 
        Jewish state;
            ``(2) renounced violence; and
            ``(3) accepted and is adhering to all previous diplomatic 
        Agreements and understandings with the United States 
        Government, the Government of Israel, and the international 
        community.
    ``(b) Waiver Authority.--(1) The President may waive subsection (a) 
with respect to the administrative and personal security costs of the 
Office of the President of the Palestinian Authority, for activities of 
the President of the Palestinian Authority to promote democracy and the 
rule of law, and with respect to independent agencies, if the President 
certifies and reports to the Committees on Appropriations that--
            ``(A) it is in the national security interest of the United 
        States to provide such assistance; and
            ``(B) the President of the Palestinian Authority, the 
        President's party, and independent agencies are not effectively 
        controlled by Hamas or any other foreign terrorist 
        organization.
    ``(2) Prior to exercising the authority provided in this 
subsection, the President shall consult with, and shall provide a 
written policy justification to, the Committees on Appropriations and 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate.
    ``(c) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations describing how the funds will be spent and the 
accounting procedures in place to ensure proper oversight and 
accountability.''.

                              (rescission)

    Sec. 1405. Of the funds appropriated under the heading ``Subsidy 
Appropriation'' for the Export-Import Bank of the United States that 
are available for tied-aid grants in title I of Public Law 107-115 and 
under such heading in prior Acts making appropriations for foreign 
operations, export financing, and related programs, $13,200,000 are 
rescinded.

authority to equalize allowances, benefits, and gratuities of personnel 
                on official duty in iraq and afghanistan

    Sec. 1406. (a) Findings.--Congress makes the following findings:
            (1) As part of the United States effort to bring democracy 
        and freedom to Iraq and Afghanistan, employees of a broad range 
        of Federal agencies are needed to serve in those countries, 
        furnishing expertise to their counterpart agencies in the 
        Government of Iraq and the Government of Afghanistan.
            (2) While the heads of a number of Federal agencies already 
        possess authority to provide to their personnel on official 
        duty abroad allowances, benefits, and death gratuities 
        comparable to those provided by the Secretary of State to 
        similarly-situated Foreign Service personnel on official duty 
        abroad, other agency heads do not possess such authority.
            (3) In order to assist the United States Government in 
        recruiting personnel to serve in Iraq and Afghanistan, and to 
        avoid inequities in allowances, benefits, and death gratuities 
        among similarly-situated United States Government civilian 
        personnel on official duty in these countries, it is essential 
        that the heads of all agencies that have personnel on official 
        duty in Iraq and Afghanistan have the same basic authority with 
        respect to allowances, benefits, and death gratuities for such 
        personnel.
    (b) In General.--During any fiscal year, the head of an agency may, 
in the agency head's discretion, provide to an individual employed by, 
or assigned or detailed to, such agency allowances, benefits, and 
gratuities comparable to those provided by the Secretary of State to 
members of the Foreign Service under section 413 and chapter 9 of title 
I of the Foreign Service Act of 1980 (22 U.S.C. 3973; 4081 et seq.), if 
such individual is on official duty in Iraq or Afghanistan.
    (c) Construction.--Nothing in this section shall be construed to 
impair or otherwise affect the authority of the head of an agency under 
any other provision of law.
    (d) Applicability of Certain Authorities.--Section 912(a) of the 
Internal Revenue Code of 1986 shall apply with respect to amounts 
received as allowances or otherwise under this section in the same 
manner as section 912 of the Internal Revenue Code of 1986 applies with 
respect to amounts received by members of the Foreign Service as 
allowances or otherwise under chapter 9 of title I of the Foreign 
Service Act of 1980.

                           democracy in iraq

    Sec. 1407. (a) Of the funds provided in this chapter for the 
Economic Support Fund, not less than $104,500,000 should be made 
available through the Bureau of Democracy, Human Rights, and Labor of 
the Department of State, in coordination with the United States Agency 
for International Development where appropriate, to United States 
nongovernmental organizations for the purpose of supporting democracy 
assistance programs in Iraq that promote the long term development of 
civil society, political parties, election processes, the rule of law, 
reconciliation activities, and parliament in that country: Provided, 
That the Secretary of State shall consult with the Committees on 
Appropriations prior to the initial obligation of funds made available 
under this section on the uses of such funds: Provided further, That of 
the funds made available under this heading, up to $8,500,000 should be 
made available for the United States Institute of Peace for programs in 
Iraq and Afghanistan.
    (b) The President shall include in each report submitted to 
Congress under the United States Policy in Iraq Act (section 1227 of 
Public Law 109-163; 50 U.S.C. 1541 note; 119 Stat. 3465) a report on 
the extent to which funds appropriated in this Act support a short-term 
and long-term strategy to promote and develop democracy in Iraq, 
including:
            (1) A description of the objectives of the Secretary of 
        State to promote and develop democracy at the national, 
        regional, and provincial levels in Iraq, including development 
        of civil society, political parties, and government 
        institutions.
            (2) The schedule to achieve such objectives.
            (3) The progress made toward achieving such objectives.
            (4) The principal official within the United States 
        Government responsible for coordinating and implementing 
        democracy funding for Iraq.

                              (rescission)

    Sec. 1408. Of the funds appropriated under the heading ``Economic 
Support Fund'' that are available for assistance for Egypt in Public 
Law 109-102 and under such heading in prior Acts making appropriations 
for foreign operations, export financing, and related programs, 
$47,000,000 are rescinded: Provided, That such amount shall be derived 
only from funds available for cash transfer assistance.

                               CHAPTER 5

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard

                           operating expenses

    For an additional amount for ``Operating Expenses'', $26,692,000: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                               CHAPTER 6

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Army

    For an additional amount for ``Military Construction, Army'', 
$214,344,000, to remain available until September 30, 2010: Provided, 
That such funds may be obligated and expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$28,200,000, to remain available until September 30, 2010: Provided, 
That such funds may be obligated or expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                  Military Construction, Defense-Wide

    For an additional amount for ``Military Construction, Defense-
Wide'', $35,200,000, to remain available until September 30, 2010: 
Provided, That such funds may be obligated or expended to carry out 
planning and design and military construction projects not otherwise 
authorized by law: Provided further, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                     DEPARTMENT OF VETERANS AFFAIRS

                     veterans health administration

                            medical services

    For an additional amount for ``Medical Services'' for necessary 
expenses for furnishing, as authorized by law, outpatient and inpatient 
care and treatment to beneficiaries of the Department of Veterans 
Affairs and veterans as described in paragraphs (1) through (8) of 
section 1705(a) of title 38, United States Code, including care and 
treatment in facilities not under the jurisdiction of the department 
and including medical supplies and equipment and salaries and expenses 
of healthcare employees hired under title 38, United States Code, and 
to aid State homes as authorized under section 1741 of title 38, United 
States Code, $430,000,000 plus reimbursements: Provided, That of the 
amount under this heading, $168,000,000 shall be available to address 
the needs of servicemembers in need of mental health care, including 
post-traumatic stress disorder: Provided further, That of the amount 
under this heading, $80,000,000 shall be available for the provision of 
readjustment counseling under section 1712A of title 38, United States 
Code (commonly referred to as ``Vet Centers''): Provided further, That 
of the amount under this heading $182,000,000 shall be available to 
meet current and pending care and treatment requirements: Provided 
further, That the amount under this heading shall remain available 
until expended: Provided further, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006: Provided further, That these amounts 
shall be available only to the extent that an official budget request 
for the entire amount is submitted to the Congress by the President 
that includes designation of the entire amount of the request as an 
emergency requirement.

                               CHAPTER 7

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $1,800,000, 
to remain available until September 30, 2007: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                                TITLE II

             FURTHER HURRICANE DISASTER RELIEF AND RECOVERY

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Executive Operations

                          working capital fund

    For an additional amount for ``Working Capital Fund'', $25,000,000, 
to remain available until expended, for necessary expenses related to 
the consequences of Hurricane Katrina and other hurricanes of the 2005 
season: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                    Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$445,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                     Agricultural Research Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$15,600,000, to remain available until expended, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes 
of the 2005 season: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities'', 
$20,000,000, to remain available until expended, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes 
of the 2005 season: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                          Farm Service Agency

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,000,000, 
to remain available until expended, for necessary expenses related to 
the consequences of Hurricane Katrina and other hurricanes of the 2005 
season: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                     emergency conservation program

    For an additional amount for the ``Emergency Conservation 
Program'', $32,547,000, 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 necessary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season: Provided, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                 Natural Resources Conservation Service

                 emergency watershed protection program

    For an additional amount for ``Emergency Watershed Protection 
Program'', $165,000,000, to remain available until expended, for 
emergency measures in disaster areas affected by Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That notwithstanding any 
other provision of law, the Secretary, acting through the Natural 
Resources Conservation Service, using funds made available under this 
heading may provide financial and technical assistance to remove and 
dispose of debris and animal carcasses that could adversely affect 
health and safety on non-Federal land in a hurricane-affected county: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                           Rural Development

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $1,000,000, 
to remain available until expended, for necessary expenses related to 
the consequences of Hurricane Katrina and other hurricanes of the 2005 
season for State Rural Development offices located in Mississippi and 
Louisiana: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                  rural community advancement program

    For an additional amount for community facilities grants authorized 
under section 381E(d)(1) of the Consolidated Farm and Rural Development 
Act, $150,000,000, to remain available until expended, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER

     natural resources conservation service--cost share requirement

    Sec. 2101. Notwithstanding any other provision of law, in carrying 
out the provisions of section 102 of chapter 1 of title I of division B 
of Public Law 109-148 (119 Stat. 2748-2749), the Secretary may provide 
financial and technical assistance up to 100 percent Federal share: 
Provided, That the amount provided under this section is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

      natural resources conservation service--vehicle disposition

    Sec. 2102. Notwithstanding any other provision of law, the Chief of 
the Natural Resources Conservation Service (NRCS) may enter into 
agreements with organizations or State or local units of government 
affected by Hurricane Katrina and other hurricanes of the 2005 season, 
that provide for NRCS to donate used vehicles to the organization or to 
the State or local unit of government.

                rural development--emergency authorities

    Sec. 2103. The Secretary of Agriculture may continue to use any of 
the authorities provided in section 105 of chapter 1 of title I of 
division B of Public Law 109-148 (119 Stat. 2749-2750), for a period 
not to exceed 24 additional months: Provided, That the amount provided 
under this section is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                          farm service agency

                          (transfer of funds)

    Sec. 2104. Of the funds appropriated in section 101(a) of chapter 1 
of title I of division B of Public Law 109-148 (119 Stat. 2747), to 
provide assistance under the emergency conservation program established 
under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 
et seq.), $38,000,000 are transferred to the National Oceanic and 
Atmospheric Administration in the Department of Commerce for activities 
involving oysters: Provided, That the amount transferred under this 
section is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

          farm service agency--emergency conservation program

    Sec. 2105. Section 101(b) of chapter 1 of title I of division B of 
Public Law 109-148 (119 Stat. 2747) is amended--
            (1) in the heading, by striking ``, Oyster,'';
            (2) in the matter preceding paragraph (1)--
                    (A) by striking ``, oyster,''; and
                    (B) by striking ``public and private oyster reefs 
                or'';
            (3) in paragraph (3), by adding ``and'' at the end;
            (4) by striking paragraph (4); and
            (5) by redesignating paragraph (5) as paragraph (4).

                    rural development--rural housing

    Sec. 2106. There is hereby appropriated, $35,408,000, to remain 
available until expended, for housing needs in the most impacted and 
distressed areas related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That the Secretary of 
Agriculture shall allocate funds provided under this section between 
the ``Rural Housing Insurance Fund Program Account'' and ``Rural 
Housing Assistance Grants'' program: Provided further, That the 
Secretary make this allocation and prioritizes the funding of projects 
with such funds within a State based on the priorities identified by 
the Governor of each State: Provided further, That the amount provided 
under this section is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                   wildlife habitat incentive program

    Sec. 2107. Funds made available for the wildlife habitat incentive 
program established under section 1240N of the Food Security Act of 
1985 (16 U.S.C. 3839bb-1) under section 211(b) of the Agricultural Risk 
Protection Act of 2000 (Public Law 106-224; 7 U.S.C. 1421 note) and 
section 820 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 (Public 
Law 106-387; 114 Stat. 1549A-59) shall remain available until expended 
to carry out obligations made for fiscal year 2001 and are not 
available for new obligations.

    small business relief from hurricane katrina and hurricane rita

    Sec. 2108. (a) Section 3(p)(1) of the Small Business Act (15 U.S.C. 
632(p)(1)) is amended--
            (1) in subparagraph (D), by striking ``or'';
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F) an area in which the President has declared a 
                major disaster (as that term is defined in section 102 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5122)) as a result of 
                Hurricane Katrina of August 2005 or Hurricane Rita of 
                September 2005.''.
    (b) Section 711(d) of the Small Business Competitive Demonstration 
Program Act of 1988 (15 U.S.C. 644 note) is amended--
            (1) by striking ``The Program'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        Program''; and
            (2) by adding at the end the following:
            ``(2) Exception.--The Program shall not apply to any 
        contract related to relief or reconstruction from Hurricane 
        Katrina of 2005 or Hurricane Rita of 2005.''.
    (c) The amendments made by subsections (a) and (b) shall be 
effective for the period beginning on the date of enactment of the Act 
and ending on October 1, 2008.

            accountability in hurricane recovery contracting

    Sec. 2109. None of the funds appropriated by this Act that are made 
available for relief and recovery efforts related to Hurricane Katrina 
and the other hurricanes of the 2005 season may be used by an executive 
agency to enter into any Federal contract exceeding $500,000 through 
the use of procedures other than competitive procedures as required by 
the Federal Acquisition Regulation and, as applicable, section 303(a) 
of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253(a)) or section 2304(a) of title 10, United States Code.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                    Office of the Inspector General

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $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.

                            Legal Activities

            salaries and expenses, general legal activities

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $3,200,000, to remain available 
until September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $6,500,000, to remain available 
until September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                       Office of Justice Programs

               state and local law enforcement assistance

    For an additional amount for ``State and Local Law Enforcement 
Assistance'' for necessary expenses, related to the direct or indirect 
consequences of Hurricane Katrina and other hurricanes of the 2005 
season, $10,000,000, to remain available until expended: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006: Provided further, That the Attorney General shall consult with 
the House and Senate Committees on Appropriations on the allocation of 
funds prior to obligation.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, 
$1,135,000,000, to remain available until September 30, 2007, pursuant 
to section 312(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act, section 308(d) of the Interjurisdictional Fisheries 
Act, and other authorities: Provided, That the amount provided under 
this heading is designated as 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 
of the total amount appropriated, $100,000,000 shall be for the 
National Marine Fisheries Service to provide technical assistance to 
States and industry for oyster bed and shrimp ground rehabilitation, 
debris removal and cleaning, and to prepare for spat fall by planting 
sufficient amounts of cultch: Provided further, That of the total 
amount appropriated, $20,000,000 shall be provided to utilize the 
National Oceanic and Atmospheric Administration's expertise to assist 
in rebuilding coastal communities, especially focusing on fisheries 
infrastructure, zoning to mitigate against future catastrophes and 
natural disasters, and building standards for coastal structures: 
Provided further, That of the total amount appropriated, $10,000,000 
shall be provided to coordinate and help implement planning efforts 
that will lead to capacity and effort reductions in Federal and State 
waters: Provided further, That of the total amount appropriated, 
$15,000,000 shall be provided to develop and implement a seafood 
promotion strategy for Gulf of Mexico fisheries: Provided further, That 
of the total amount appropriated, $15,000,000 shall be provided to 
institute job retraining programs for displaced fisheries workers into 
alternative occupations: Provided further, That of the total amount 
appropriated, $200,000,000 shall be provided to replace fishing gear 
damaged or lost in the hurricanes, and deploy advanced versions of 
turtle exclusion devices and by-catch reduction devices: Provided 
further, That of the total amount appropriated, $50,000,000 shall be 
provided to develop temporary marine services centers to cluster 
docking facilities, fuel, ice and provisions, offloading, processing 
and distribution and marine repair facilities for seafood industries: 
Provided further, That of the total amount appropriated, $300,000,000 
shall be provided for re-development of marinas, piers, docks, wharves 
and warehouses to support commercial and recreational fishing, and 
especially investments in public facilities supporting working 
waterfronts: Provided further, That of the total amount appropriated, 
$50,000,000 shall be provided for planning and support for fishing-
related marine industrial parks to cluster processing and marine 
support businesses in ways that increase access to key facilities and 
services, and enhance intermodal transportation of fishery products: 
Provided further, That of the total amount appropriated, $90,000,000 
shall be provided for replacement of private fisheries infrastructure 
other than vessels: Provided further, That of the total amount 
appropriated, $10,000,000 shall be provided to implement rules where 
appropriate, and purchase and provide one year of associated fees to 
equip the offshore shrimp and reef fish fishery with electronic vessel 
monitoring systems: Provided further, That of the total amount 
appropriated, $66,000,000 shall be provided for the fishery finance 
program loans under title XI of the Merchant Marine Act, 1936, (46 
U.S.C. App. 1271 et seq.) to satisfy loan obligations for loans used to 
make expenditures, guarantee or finance to repair, replace or restore 
fisheries infrastructure, vessels, facilities, or fish processing 
facilities home-ported or located within the declared fisheries 
disaster area: Provided further, That of the total amount appropriated, 
$14,000,000 shall be provided to develop and fund a cooperative 
research program to test various gears and to monitor the recovery of 
Gulf of Mexico fishery resources and fisheries: Provided further, That 
of the total amount appropriated, $100,000,000 shall be provided for 
direct assistance to fishers and seafood workers to undertake cleanup 
activities and begin repairing vessels and damaged facilities: Provided 
further, That of the total amount appropriated, $20,000,000 shall be 
provided to assist shellfishermen in New England's coastal communities 
who suffered severe economic impact from last year's toxic red tide 
outbreak: Provided further, That of the total amount appropriated, 
$25,000,000 shall be provided to employ fishers and vessel owners in 
marine debris and living marine resource assessment activities.

               procurement, acquisition and construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $32,000,000, 
to remain available until expended: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                                SCIENCE

             National Aeronautics and Space Administration

                        exploration capabilities

    For an additional amount for ``Exploration Capabilities'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $35,000,000 shall be for the 
Stennis Space Center, to remain available until expended: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                             RELATED AGENCY

                     Small Business Administration

                     disaster loans program account

                     (including transfers of funds)

    For an additional amount for the ``Disaster Loans Program Account'' 
for the cost of direct loans authorized by section 7(b) of the Small 
Business Act, $1,254,000,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That up to $190,000,000 may be transferred to 
and merged with ``Salaries and Expenses'' for administrative expenses 
to carry out the disaster loan program: Provided further, That none of 
the funds provided under this heading may be used for indirect 
administrative expenses: Provided further, That of the amount provided 
under this heading, up to $712,000,000 may be transferred to ``Federal 
Emergency Management Agency, Disaster Relief'' to reimburse in whole, 
or in part, that account for funds transferred to this account by 
Public Law 109-174: 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

         hurricane response plan for the 2006 hurricane season

    Sec. 2201. (a) In this section--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively;
            (2) the term ``Disaster Loan Program'' means the disaster 
        loan program authorized under section 7 of the Small Business 
        Act (15 U.S.C. 636);
            (3) the term ``major disaster'' has the meaning given the 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122);
            (4) the term ``small business concern'' has the meaning 
        given the term in section 3 of the Small Business Act (15 
        U.S.C. 632);
            (5) the term ``system'' means the Disaster Credit 
        Management System of the Administration; and
            (6) the term ``2006 Atlantic hurricane season'' means the 
        period beginning on June 1, 2006, and ending on November 30, 
        2006.
    (b) Not later than May 31, 2006, the Administrator shall submit to 
the Committee on Small Business and Entrepreneurship and the Committee 
on Appropriations of the Senate and the Committee on Small Business and 
the Committee on Appropriations of the House of Representatives a 
report on the status of the disaster response plan of the 
Administration for the 2006 Atlantic hurricane season.
    (c) The report required under subsection (b) shall include--
            (1) the plan of the Administrator for responding quickly 
        and efficiently after the occurrence of a major disaster during 
        the 2006 Atlantic hurricane season and subsequent major 
        disasters (including preparation and planning for disaster 
        response resources and staff, such as identifying loss 
        verifiers and technical assistance staff to deploy to potential 
        disaster areas in advance of chartable events such as 
        hurricanes);
            (2) a description of how the Administrator plans to 
        integrate and coordinate the response to a major disaster with 
        the staff and resources of the Federal Emergency Management 
        Agency (including details on where and when joint training 
        sessions are planned during the 2006 Atlantic hurricane 
        season);
            (3) a description of how the Administrator plans to 
        integrate and coordinate the response to a major disaster with 
        the technical assistance programs of the Administration 
        (including the small business development centers);
            (4) the contingency plans of the Administration, if any, 
        for handling increases in the volume of applications under the 
        Disaster Loan Program during the 2006 Atlantic hurricane season 
        (including detailed plans for using local banks, credit unions, 
        and businesses in an area in which the President declares a 
        major disaster or the hiring of additional loan processing and 
        loss verification staff);
            (5) any available or revised surge plans for the system 
        (including surge plans for loss verification, loan processing, 
        mailroom, customer service or call center operations, and a 
        continuity of operations plan);
            (6) information on the plans of the Administration, if any, 
        for upgrading the Disaster Loan Program application processing 
        system, including--
                    (A) the user capacity of the system; and
                    (B) the estimated cost for upgrading the software 
                and equipment to handle additional users;
            (7) the number of full-time equivalent employees and job 
        descriptions for the planning and disaster response staff of 
        the Administration;
            (8) information (including potential cost estimates) on 
        whether--
                    (A) the Administrator plans to hire full-time 
                planning staff during the 2006 Atlantic hurricane 
                season; and
                    (B) such full-time planner would be hired in the 
                Office of Disaster Assistance or in another office of 
                the Administration;
            (9) the inservice and preservice training procedures for 
        disaster response staff of the Administration;
            (10) information on the logistical support plans of the 
        Administration (including equipment and staffing needs, and 
        detailed information on how such plans will be scalable 
        depending on the size and scope of the major disaster);
            (11) information on the procurement procedures of the 
        Administration for acquiring equipment and staff, including--
                    (A) standard procurement procedures during 
                nondisaster periods;
                    (B) standard procurement procedures before and 
                after major disasters;
                    (C) whether the Administration meets the criteria 
                to be exempt from the normal General Services 
                Administration procurement process for its disaster 
                response; and
                    (D) whether any administrative or legislative 
                changes are needed to allow the Administration to be 
                exempt from the normal General Service Administration 
                procurement process in response to a disaster; and
            (12) a description of the findings and recommendations of 
        the Administrator, if any, based on a review of the response of 
        the Administration to Hurricane Katrina of 2005, Hurricane Rita 
        of 2005, and Hurricane Wilma of 2005.

            disaster loan program monthly accounting report

    Sec. 2202. (a) In this section--
            (1) the term ``applicable period'' means the period 
        beginning on the date on which the President declares a major 
        disaster and ending on the date that is 30 days after the later 
        of the closing date for applications for physical disaster 
        loans for such disaster and the closing date for applications 
        for economic injury disaster loans for such disaster; and
            (2) the term ``major disaster'' has the meaning given the 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
    (b) Not later than the fifth business day of each month during the 
applicable period for a major disaster, the Administrator of the Small 
Business Administration shall provide to the Committee on Small 
Business and Entrepreneurship and the Committee on Appropriations of 
the Senate and to the Committee on Small Business and the Committee on 
Appropriations of the House of Representatives a report on the 
operation of the disaster loan program authorized under section 7 of 
the Small Business Act (15 U.S.C. 636) for such disaster during the 
preceding month.
    (c) Each report under subsection (b) shall include--
            (1) the daily average lending volume, in number of loans 
        and dollars, and the percent by which each category has 
        increased or decreased since the previous report under 
        subsection (b);
            (2) the weekly average lending volume, in number of loans 
        and dollars, and the percent by which each category has 
        increased or decreased since the previous report under 
        subsection (b);
            (3) the amount of funding spent over the month for loans, 
        both in appropriations and program level, and the percent by 
        which each category has increased or decreased since the 
        previous report under subsection (b);
            (4) the amount of funding available for loans, both in 
        appropriations and program level, and the percent by which each 
        category has increased or decreased, noting the source of any 
        additional funding;
            (5) an estimate of how long the available funding for such 
        loans will last, based on the spending rate;
            (6) the amount of funding spent over the month for staff, 
        along with the number of staff, and the percent by which each 
        category has increased or decreased since the previous report 
        under subsection (b);
            (7) the amount of funding spent over the month for 
        administrative costs, and the percent by which such spending 
        has increased or decreased since the previous report under 
        subsection (b);
            (8) the amount of funding available for salaries and 
        expenses combined, and the percent by which such funding has 
        increased or decreased, noting the source of any additional 
        funding; and
            (9) an estimate of how long the available funding for 
        salaries and expenses will last, based on the spending rate.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$2,125,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$22,002,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$3,992,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$21,610,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$4,071,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$10,200,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$2,176,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$94,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$1,304,000, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $1,408,000, for necessary expenses related to the consequences 
of Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$29,913,000, to remain available until September 30, 2007, for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $37,359,000, to remain available until September 30, 2007, for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $12,755,000, to remain available until September 30, 2007, 
for necessary expenses related to the consequences of Hurricane Katrina 
and other hurricanes of the 2005 season: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $1,277,000, to remain available until September 30, 2007, 
for necessary expenses related to the consequences of Hurricane Katrina 
and other hurricanes of the 2005 season: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $42,307,000, to remain available until September 30, 
2007, for necessary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season: Provided, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                              PROCUREMENT

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$700,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$9,136,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$579,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $899,000, to remain available until September 30, 2008, 
for necessary expenses related to the consequences of Hurricane Katrina 
and other hurricanes of the 2005 season: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                   Shipbuilding and Conversion, Navy

    For an additional amount for ``Shipbuilding and Conversion, Navy'', 
$1,025,236,000, to remain available until September 30, 2010, for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, which shall be available for 
transfer within this account to replace destroyed or damaged equipment, 
prepare and recover naval vessels under contract; and provide for cost 
adjustments for naval vessels for which funds have been previously 
appropriated: Provided, That this transfer authority is in addition to 
any other transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers within this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$85,040,000, to remain available until September 30, 2008, for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$13,000,000, to remain available until September 30, 2008, for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$2,797,000, to remain available until September 30, 2008, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $12,000,000, to remain available until September 
30, 2007, for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $6,250,000, to remain available until 
September 30, 2007, for necessary expenses related to the consequences 
of Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $730,000, to remain available until 
September 30, 2007, for necessary expenses related to the consequences 
of Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$1,222,000, to remain available until September 30, 2006, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                     National Defense Sealift Fund

    For an additional amount for ``National Defense Sealift Fund'', 
$10,000,000, to remain available until expended, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes 
of the 2005 season: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                              TRUST FUNDS

   General Fund Payment, Surcharge Collections, Sales of Commissary 
                            Stores, Defense

    For an additional amount for ``General Fund Payment, Surcharge 
Collections, Sales of Commissary Stores, Defense'', $10,530,000, to 
remain available until September 30, 2010, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes 
of the 2005 season: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$33,881,000, to remain available until September 30, 2007, for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                    Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$326,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER

                       special transfer authority

                          (transfer of funds)

    Sec. 2301. Upon his determination that such action is necessary to 
ensure the appropriate allocation of funds provided to the Department 
of Defense in this chapter, the Secretary of Defense may transfer up to 
$75,000,000, of such funds 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 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.

                   prohibition of new start programs

    Sec. 2302. None of the funds provided in this chapter may be used 
to finance programs or activities denied by Congress in fiscal year 
2005 and 2006 appropriations to the Department of Defense or to 
initiate a procurement or research, development, test and evaluation 
new start program without prior written notification to the 
congressional defense committees.

                   navy shipbuilding cost adjustments

    Sec. 2303. (a) Amounts appropriated or otherwise made available by 
this Act, or by chapter 2 of title I of the Emergency Supplemental 
Appropriations Act to Address Hurricanes in the Gulf of Mexico and 
Pandemic Influenza, 2006 (division B of Public Law 109-148; 119 Stat. 
2757), under the heading ``Shipbuilding and Conversion, Navy'' may be 
obligated and expended to pay the costs of any business disruption 
incurred by a ship construction contractor with respect to facilities 
or businesses located in the Hurricane Katrina Disaster Area by reason 
of Hurricane Katrina.
    (b) Amounts received by a ship construction contractor under 
subsection (a) with respect to the costs of business disruption 
described in that subsection may not be treated as collateral insurance 
coverage or otherwise treated as payments which would reduce amounts 
otherwise payable to the contractor for such costs under any insurance 
or similar payer plan.
    (c) The Secretary of the Navy shall adjust any shipbuilding 
contract with a ship construction contractor described in subsection 
(a) in order to take into account the business disruption incurred by 
the contractor as described in that subsection.
    (d)(1) In the event a shipbuilding contractor receives payment 
(whether through insurance or similar payer plan) for costs described 
in subsection (a) for which the contractor has been paid amounts under 
that subsection, the contractor shall reimburse the United States for 
amounts paid under that subsection in the amount of the payment so 
received by the contractor.
    (2) Amounts received by the United States as reimbursement under 
paragraph (1) shall be credited to the account from which payment for 
the amounts reimbursed were made. Amounts credited to such account 
shall be merged with amounts in such account, and shall be available 
for the same purposes, and subject to the same conditions and 
limitations, as amounts in such account.
    (e) In this section, the term ``Hurricane Katrina Disaster Area'' 
has the meaning given that term in section 1400M(2) of the Internal 
Revenue Code of 1986.

                               CHAPTER 4

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                             investigations

    For an additional amount for ``Investigations'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $45,000,000, 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 using $20,000,000 of the 
funds provided herein, the Secretary of the Army, acting through the 
Chief of Engineers, is directed, at full Federal expense, to inventory 
all Federal and non-Federal flood and storm damage reduction projects; 
develop and test a methodology to assess the structural and operational 
integrity of such projects and the associated risks; and establish and 
maintain a database of such projects, which shall include information 
on the structural and operational integrity of the projects and the 
parties responsible for operation and maintenance of the projects 
included therein: Provided further, That $25,000,000 of the funds 
provided herein shall be used for Louisiana Coastal Area Restoration 
studies.
    For an additional amount for ``Investigations'' for flood hazard 
analyses and technical studies related to the consequences of Hurricane 
Katrina and other disasters, $2,500,000 to remain available until 
expended: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006: Provided further, That the Secretary of the Army 
acting through the Chief of Engineers is directed to use funds 
appropriated herein for disaster and other emergency needs, of which up 
to $1,000,000 is for Flood Plain Management Services for flood hazard 
and hydrologic investigations in flood prone areas of Hawaii; up to 
$1,250,000 is for the Delta Islands and Levee study in California; and 
$250,000 is for completion of the CALFED 180-day levee study: Provided 
further, That the amount shall be available for the studies identified 
above and only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement, is transmitted by the 
President to the Congress.

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $595,300,000, to remain available until 
expended, of which up to $100,000,000 may be used to reduce the risk of 
storm damage to the greater New Orleans metropolitan area, at full 
Federal expense, by restoring the surrounding wetlands through measures 
to begin to reverse wetland losses in areas affected by navigation, oil 
and gas, and other channels and through modification of the Caernarvon 
Freshwater Diversion structure or its operations; at least $495,300,000 
shall be used consistent with the cost-sharing provisions under which 
the projects were originally constructed to raise levee heights where 
necessary and otherwise enhance the existing Lake Pontchartrain and 
Vicinity project and the existing West Bank and Vicinity project to 
provide the levels of protection necessary to achieve the certification 
required for participation in the National Flood Insurance Program 
under the base flood elevations current at the time of this 
construction: Provided, That any project using funds appropriated 
herein shall be initiated only after non-Federal interests have entered 
into binding agreements with the Secretary of the Army to pay 100 
percent of the operation, maintenance, repair, replacement and 
rehabilitation costs of the project and to hold and save the United 
States free from damages due to the construction or operation and 
maintenance of the project, except for damages due to the fault or 
negligence of the United States or its contractors: Provided further, 
That Congress designates this amount as an emergency requirement for 
these specific purposes: 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.
    For an additional amount for ``Construction'' for necessary 
expenses related to other disasters, $39,000,000, 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 the Secretary of the Army 
acting through the Chief of Engineers is directed to use funds 
appropriated herein for disaster and other emergency needs, of which up 
to $7,100,000 is for South Sacramento Streams, California; up to 
$23,300,000 is for the Sacramento River Bank Protection, California; up 
to $5,100,000 is for American River (Common Features), California; up 
to $1,500,000 is for North Padre Island, Texas; and up to $2,000,000 
shall be provided at full Federal expense for the Hawaii water systems 
technical assistance program: Provided further, That the amount shall 
be available for the projects identified above and only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement, is transmitted by the President to the Congress.

                       operations and maintenance

    For an additional amount for ``Operations and Maintenance'' to 
dredge navigation channels and repair other Corps projects related to 
the consequences of Hurricane Katrina and other hurricanes of the 2005 
season, $3,200,000 to remain available until expended: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006: Provided further, That the Secretary of the Army acting through 
the Chief of Engineers is directed to use funds appropriated herein for 
dredging needs along the Texas gulf coast, of which up to $2,000,000 is 
for Freeport Harbor, Texas; and up to $1,200,000 is for Texas City, 
Texas: Provided further, That the amount shall be available only for 
the projects identified above and to the extent that an official budget 
request for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement, is 
transmitted by the President to the Congress.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses relating to the consequences 
of Hurricane Katrina and other hurricanes of the 2005 season, 
$3,299,000,000, to remain available until expended: Provided, That the 
Secretary of the Army is directed to use the funds appropriated under 
this heading to modify, at full Federal expense, authorized projects in 
southeast Louisiana to provide hurricane and storm damage reduction and 
flood damage reduction in the greater New Orleans and surrounding 
areas; of the funds appropriated under this heading, $200,000,000 shall 
be used for section 2401; $530,000,000 shall be used to modify the 17th 
Street, Orleans Avenue, and London Avenue drainage canals and install 
pumps and closure structures at or near the lakefront; $250,000,000 
shall be used for storm-proofing interior pump stations to ensure the 
operability of the stations during hurricanes, storms, and high water 
events; $170,000,000 shall be used for armoring critical elements of 
the New Orleans hurricane and storm damage reduction system; 
$350,000,000 shall be used to improve protection at the Inner Harbor 
Navigation Canal; $215,000,000 shall be used to replace or modify 
certain non-Federal levees in Plaquemines Parish to incorporate the 
levees into the existing New Orleans to Venice hurricane protection 
project; and $1,584,000,000 shall be used for reinforcing or replacing 
flood walls, as necessary, in the existing Lake Pontchartrain and 
vicinity project and the existing West Bank and vicinity project to 
improve the performance of the systems: Provided further, That any 
project using funds appropriated under this heading shall be initiated 
only after non-Federal interests have entered into binding agreements 
with the Secretary to pay 100 percent of the operation, maintenance, 
repair, replacement, and rehabilitation costs of the project and to 
hold and save the United States free from damages due to the 
construction or operation and maintenance of the project, except for 
damages due to the fault or negligence of the United States or its 
contractors: Provided further, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.
    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses relating to those hurricanes 
and other disasters, $17,500,000, to remain available until expended: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006: Provided further, That the Secretary, acting through the 
Chief of Engineers, is directed to use funds appropriated under this 
heading for the restoration of funds for hurricane-damaged projects in 
the State of Pennsylvania: Provided further, That the amount shall be 
available for the projects identified above and only to the extent that 
an official budget request for a specific dollar amount, including a 
designation of the entire amount of the request as an emergency 
requirement, is transmitted by the President to Congress.

                    GENERAL PROVISIONS--THIS CHAPTER

                      flood protection, louisiana

    Sec. 2401. (a) There shall be made available $200,000,000 for the 
Secretary of the Army (referred to in this section as the 
``Secretary'') to provide, at full Federal expense--
            (1) removal of the existing pumping stations on the 3 
        interior drainage canals in Jefferson and Orleans Parishes and 
        realignment of the drainage canals to direct interior flows to 
        the new permanent pump stations to be constructed at Lake 
        Pontchartrain;
            (2) repairs, replacements, modifications, and improvements 
        of non-Federal levees and associated protection measures--
                    (A) in areas of Terrebonne Parish; and
                    (B) on the east bank of the Mississippi River in 
                Plaquemines Parish, Louisiana; and
            (3) for armoring the hurricane and storm damage reduction 
        system in south Louisiana.
            (4) A project under this section shall be initiated only 
        after non-Federal interests have entered into binding 
        agreements with the Secretary to pay 100 percent of the 
        operation and maintenance costs of the project and to hold and 
        save the United States free from damages due to the 
        construction or operation and maintenance of the project, 
        except for damages due to the fault or negligence of the United 
        States or its contractors.
            (5) Not later than 60 days after the date of enactment of 
        this Act the Secretary in consultation with Plaquemines Parish 
        and the State of Louisiana shall submit to Congress a report 
        detailing a modified plan regarding levels of protection for 
        lower Plaquemines Parish, Louisiana, relating to hurricane 
        protection with a focus on--
                    (A) protecting densely populated areas;
                    (B) energy infrastructure;
                    (C) structural and nonstructural coastal barriers 
                and protection;
                    (D) port facilities; and
                    (E) the long-term maintenance and protection of the 
                deep draft navigation channel on the Mississippi River, 
                not including the Mississippi River-Gulf Outlet.
            (6) Not later than 30 days after the date of enactment of 
        this Act, the Secretary shall offer to enter into a contract 
        with the National Academies to provide to the Secretary a 
        report, by not later than 90 days after the date of enactment 
        of this Act, describing, for the period beginning on the date 
        on which the individual system components for hurricane and 
        storm damage reduction was constructed and ending on the date 
        on which the report is prepared, the difference between--
                    (A) the portion of the vertical depreciation of the 
                system that is attributable to design and construction 
                flaws, taking into consideration the settling of levees 
                and floodwalls or subsidence; and
                    (B) the portion of that depreciation that is 
                attributable to the application of new storm data that 
                may require a higher level of vertical protection in 
                order to comply with 100-year floodplain certification 
                and standard protect hurricane.
            (7) The Secretary of the Army, acting through the Chief of 
        Engineers, shall use $3,500,000 within the funds provided in 
        Sec. 2401(a) to develop a comprehensive plan, at full Federal 
        expense, to, at a minimum, deauthorize deep draft navigation on 
        the Mississippi River-Gulf Outlet established by Public Law 84-
        455 (70 Stat. 65, chapter 112) (referred to in this matter as 
        the ``Outlet''), extending from the Gulf of Mexico to the Gulf 
        Intracoastal Waterway, and address wetland losses attributable 
        to the Outlet, channel bank erosion, hurricane and storm 
        protection, saltwater intrusion, navigation, ecosystem 
        restoration, and related issues: Provided, That the plan shall 
        include recommended authorization modifications to the Outlet 
        regarding what, if any, navigation should continue, measures to 
        provide hurricane and storm protection, prevent saltwater 
        intrusion, and re-establish the storm buffering properties and 
        ecological integrity of the wetland damaged by construction and 
        operation of the Outlet, and complement restoration of coastal 
        Louisiana: Provided further, That the Secretary shall develop 
        the plan in consultation with the Parish of St. Bernard, 
        Louisiana, the State of Louisiana, the Secretary of the 
        Interior, the Secretary of Commerce, the Administrator of the 
        Environmental Protection Agency, and the National Academy of 
        Sciences: Provided further, That the Secretary shall seek 
        input, review, and comment from the public and the scientific 
        community for incorporation into the interim plan: Provided 
        further, That the Secretary shall ensure that an independent 
        panel of experts established by the National Academy of 
        Sciences reviews and provides written comments for 
        incorporation into the interim plan: Provided further, That, 
        not later than 6 months after the date of enactment of this 
        Act, the Secretary shall submit an interim report to Congress 
        comprising the plan, the written comments of the independent 
        panel of experts, and the written explanation of the Secretary 
        for any recommendation of the independent panel of experts not 
        adopted in the plan: Provided further, That the Secretary shall 
        refine the plan, if necessary, to be fully consistent, 
        integrated, and included in the final technical report to be 
        issued in December 2007 pursuant to the matter under the 
        heading ``investigations'' under the heading ``Corps of 
        Engineers--Civil'' of title I of the Energy and Water 
        Development Appropriations Act, 2006 (Public Law 109-103, 119 
        Stat. 2247; Public Law 109-148, 119 Stat. 2814): Provided 
        further, That the amount provided under this heading is 
        designated as an emergency requirement pursuant to section 402 
        of H. Con. Res. 95 (109th Congress), the concurrent resolution 
        on the budget for fiscal year 2006: Provided further, That for 
        the projects identified in the report on the Mississippi River-
        Gulf Outlet due by December 2007, required by this section, the 
        Secretary shall submit such reports to the Senate Environment 
        and Public Works Committee and House Transportation and 
        Infrastructure Committee: Provided further, That upon adoption 
        of a resolution authorizing the project by each committee, the 
        Secretary shall be authorized to construct such projects.
            (8) 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.
    Sec. 2402 Use of unexpended funds. (a) In general.--Notwithstanding 
any other provision of law, amounts made available to the State of 
Oklahoma or agencies or authorities therein (referred to in this 
section as the ``State'') before the date of enactment of this Act for 
general remediation activities being conducted in the vicinity of the 
Tar Creek Superfund Site in northeastern Oklahoma and in Ottawa County, 
Oklahoma, that remain unexpended as of the date of enactment of this 
Act are authorized to be used by the State to assist individuals and 
entities in removal from areas at risk or potential risk of damage 
caused by land subsidence as determined by the State.
            (b) Use of unexpended funds.--The use of unexpended funds 
        in accordance with subsection (a)--
    (1) shall not be subject to the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
seq.);
    (2) may include any general remediation activities described in 
section (a) determined to be appropriate by the State, including the 
buyout of 1 or more properties to facilitate a removal described in 
subsection (a).

                               CHAPTER 5

                    DEPARTMENT OF HOMELAND SECURITY

                     Customs and Border Protection

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $12,900,000: Provided, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $4,800,000, to remain available until 
expended: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                       United States Coast Guard

                           operating expenses

                     (including transfers of funds)

    For an additional amount for ``Operating Expenses'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $90,570,900, to remain available until 
September 30, 2007, of which up to $267,000 may be transferred to 
``Environmental Compliance and Restoration'' to be used for 
environmental cleanup and restoration of Coast Guard facilities in the 
Gulf of Mexico region; and of which up to $470,000 may be transferred 
to ``Research, Development, Test and Evaluation'' to be used for 
salvage and repair of research and development equipment and 
facilities: Provided, That the 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.

              acquisition, construction, and improvements

    For an additional amount for ``Acquisition, Construction, and 
Improvements'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, 
$191,844,000, to remain available until expended: Provided, That such 
amounts shall be available for major repair and reconstruction projects 
for facilities that were damaged and for damage to vessels currently 
under construction, for the replacement of damaged equipment, and for 
the reimbursement of delay, loss of efficiency, disruption, and related 
costs: Provided further, That amounts provided are also for 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.

                  Federal Emergency Management Agency

                 administrative and regional operations

    For an additional amount for ``Administrative and Regional 
Operations'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $71,800,000, 
to remain available until expended: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

            preparedness, mitigation, response, and recovery

    For an additional amount for ``Preparedness, Mitigation, Response, 
and Recovery'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $10,000,000, 
to remain available until expended: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                            disaster relief

    For an additional amount for ``Disaster Relief'' for necessary 
expenses under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), $10,400,000,000, to remain 
available until expended: Provided, That for States in which the 
President declared a major disaster (as that term is defined in section 
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122)) on September 24, 2005, as a result of Hurricane 
Rita, each county or parish eligible for individual and public 
assistance under such declaration in such States will be treated 
equally for purposes of cost-share adjustments under such Act, to 
account for the impact in those counties and parishes of Hurricanes 
Rita and Katrina: Provided further, That the amount provided under this 
heading is designated as 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 any charter 
school, as that term is defined in section 5210 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 722(i)), regardless of 
whether the facility of such charter school is privately or publicly 
owned, shall be considered for reimbursement for damages incurred to 
public schools due to the effects of Hurricane Katrina or Hurricane 
Rita: Provided further, That if the facility that houses the charter 
school is privately owned, then such facility shall reimburse FEMA for 
any improvements or repairs made to the facility that would not 
otherwise have been reimbursed by FEMA but for the existence of the 
charter school, if such charter school vacates such facility before the 
end of 5 years following completion of construction and approved 
inspection by a government entity, unless it is replaced by another 
charter school during that 5-year period.

            disaster assistance direct loan program account

    For an additional amount for ``Disaster Assistance Direct Loan 
Program Account'' for the cost of direct loans as authorized under 
section 417 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5184), $301,000,000, to be used to assist 
local governments affected by Hurricane Katrina and other hurricanes of 
the 2005 season in providing essential services, of which $1,000,000 is 
for administrative expenses to carry out the direct loan program: 
Provided, That such funds may be made to subsidize gross obligations 
for the principal amount of direct loans not to exceed $400,000,000: 
Provided further, That notwithstanding section 417(b) of such Act, the 
amount of any such loan issued pursuant to this section may exceed 
$5,000,000, and may be equal to not more than 50 percent of the annual 
operating budget of the local government in any case in which that 
local government has suffered a loss of 25 percent or more in tax 
revenues due to Hurricane Katrina or Hurricane Rita of 2005: Provided 
further, That notwithstanding section 417(c)(1) of such Act, such loans 
may not be canceled: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a): Provided further, That the amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER

                  federal emergency management agency

    Sec. 2501. The Federal Emergency Management Agency may provide 
funds to a State or local government or, as necessary, assume an 
existing agreement from such unit of government, to pay for utility 
costs resulting from the provision of temporary housing units to 
evacuees from Hurricane Katrina and other hurricanes of the 2005 season 
if the State or local government has previously arranged to pay for 
such utilities on behalf of the evacuees for the term of any leases, 
not to exceed 12 months, contracted by or prior to February 7, 2006: 
Provided, That the Federal share of the costs eligible to be paid shall 
be 100 percent.

                     national flood insurance fund

    Sec. 2502. (a) Title III of Public Law 109-90 (119 Stat. 2079) is 
amended under the heading ``National Flood Insurance Fund'' by striking 
in the proviso ``$30,000,000'' and inserting ``such sums as necessary, 
not to exceed $1,000,000,000,''.
    (b) The provisions of this section are designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                         housing pilot program

    Sec. 2503. Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall consider eligible under the 
Federal Emergency Management Agency Individual Assistance Program the 
costs sufficient for alternative housing pilot programs in the areas 
hardest hit by Hurricane Katrina and other hurricanes of the 2005 
season: Provided, That the Secretary of Homeland Security shall submit 
for approval a proposal and an expenditure plan for the alternative 
housing pilot program to the Committees on Appropriations of the Senate 
and House of Representatives within forty-five days from the date of 
enactment of this Act: Provided further, That no State shall host more 
than one alternative housing pilot program.

                               CHAPTER 6

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $132,400,000, to remain available until 
expended: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                         National Park Service

                       historic preservation fund

    For an additional amount for ``Historic Preservation Fund'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $83,000,000, to remain available 
until expended: Provided, That of the funds provided under this 
heading, $80,000,000 shall be provided to State historical preservation 
officers for grants for disaster relief in areas of Louisiana, 
Mississippi, and Alabama impacted by Hurricanes Katrina or Rita: 
Provided further, That grants shall be for the preservation, 
stabilization, rehabilitation, and repair of historic houses and 
designated ``Main Street'' commercial properties listed in or eligible 
for the National Register of Historic Places, for planning and 
technical assistance: Provided further, That grants shall only be 
available for areas that the President determines to be a major 
disaster under section 102(2) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122(2)) due to Hurricanes 
Katrina or Rita: Provided further, That individual grants shall not be 
subject to a non-Federal matching requirement: Provided further, That 
no more than 5 percent of funds provided under this heading for 
disaster relief grants may be used for administrative expenses: 
Provided further, That of the amount provided under this heading for 
disaster relief grants, $37,500,000 shall be for the State of 
Louisiana, $37,500,000 shall be for the State of Mississippi, and 
$5,000,000 shall be for the State of Alabama: Provided further, That 
the amounts provided under this heading are designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $55,400,000, to remain available until 
expended: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                    United States Geological Survey

                 surveys, investigations, and research

    For an additional amount for ``Surveys, Investigations, and 
Research'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season and for 
repayment of advances to other appropriation accounts from which funds 
were transferred for such purposes, $10,200,000, to remain available 
until expended: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                      Minerals Management Service

                royalty and offshore minerals management

    For an additional amount for ``Royalty and Offshore Minerals 
Management'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season and for 
repayment of advances to other appropriation accounts from which funds 
were transferred for such purposes, $15,000,000, to remain available 
until September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                    ENVIRONMENTAL PROTECTION AGENCY

                 Environmental Programs and Management

    For an additional amount for ``Environmental Programs and 
Management'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $6,000,000, 
to remain available until September 30, 2007: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                Leaking Underground Storage Tank Program

    For an additional amount for ``Leaking Underground Storage Tank 
Program'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $7,000,000, 
to remain available until September 30, 2007: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                         national forest system

    For an additional amount for the ``National Forest System'' for 
necessary expenses, $50,000,000, to remain available until expended: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                               CHAPTER 7

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For an additional amount for ``Training and Employment Services'', 
$32,500,000, to remain available until expended, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes 
of the 2005 season, for construction, rehabilitation, and acquisition 
of Job Corps centers as authorized by the Workforce Investment Act of 
1998: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                        Departmental Management

                      office of inspector general

    For an additional amount for ``Office of Inspector General'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $2,000,000, to remain available 
until September 30, 2007: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

    For an additional amount for ``Community Health Centers'', 
$6,000,000, to establish and purchase communication equipment including 
satellite phones for a communications network among departments of 
health, community health centers and major medical centers in States 
affected by Hurricane Katrina and other hurricanes of the 2005 season: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

               Centers for Disease Control and Prevention

                disease control, research, and training

    For an additional amount for ``Disease Control, Research, and 
Training'', $20,000,000, to remain available until expended, for 
mosquito and other pest abatement activities in States affected by 
Hurricane Katrina and other hurricanes of the 2005 season: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                        Office of the Secretary

                      office of inspector general

    For an additional amount for ``Office of Inspector General'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $2,669,846, 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 EDUCATION

                        Departmental Management

                    office of the inspector general

    For an additional amount for ``Office of the Inspector General'', 
$1,500,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                      hurricane education recovery

    For an additional amount under the heading ``Department of 
Education'' in Public Law 109-148 for carrying out section 107 of title 
IV, division B of that Act, $300,000,000, for necessary expenses 
related to the consequences of Hurricane Katrina and other hurricanes 
of the 2005 season: Provided, That an additional $350,000,000 shall be 
available to the Department of Education, until December 31, 2006, for 
part A of title V of the Elementary and Secondary Education Act of 1965 
(``ESEA'') for allocations to States for necessary expenses in the 
2006-2007 academic year related to the consequences of Hurricanes 
Katrina and Rita: Provided further, That, notwithstanding the allotment 
formula described in section 5111 of the ESEA, funds made available in 
the preceding proviso shall be allocated to each eligible State 
educational agency on the basis of its relative share of displaced 
students (as that term is defined in section 107(b)(1) of title IV of 
division B of Public Law 109-148) enrolled on October 1, 2006, provided 
that the number of displaced students enrolled in public and private 
elementary schools and secondary schools in the State is not less than 
1 percent of the total fourth quarter displaced student enrollment 
count of the 2005-2006 academic year: Provided further, That, 
notwithstanding the allocation formula described in section 5112 of the 
ESEA, each State educational agency shall make 100 percent of funds 
available under such proviso to local educational agencies on the basis 
of each local educational agency's relative share of displaced students 
on October 1, 2006: Provided further, That such local educational 
agencies shall use such funds in accordance with sections 5131 and 5142 
of the ESEA: 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.
    For the principal amount of direct loans, as authorized under 
section 2701 of title II of this Act, made not later than 60 days after 
the enactment of this Act for necessary expenses related to the 
consequences of Hurricane Katrina and other hurricanes of the 2005 
season, $300,000,000.
    For the cost of direct loans, including the cost of modifying loans 
as defined in section 502 of the Congressional Budget Act of 1974, 
$200,000,000, 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.
    Hereafter, the loan level established under this heading shall be 
considered an estimate, not a limitation.
    For an additional amount under part B of title VII of the Higher 
Education Act of 1965 for 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, $30,000,000 
for hurricane related 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.

                            RELATED AGENCIES

             Corporation for National and Community Service

      national and community service programs, operating expenses

                     (including transfer of funds)

    For an additional amount for the Corporation for National and 
Community Service (the ``Corporation'') for necessary expenses related 
to the consequences of Hurricane Katrina and other hurricanes of the 
2005 season, $20,000,000, to remain available until September 30, 2007: 
Provided, That the funds made available under this heading shall be 
available for the Civilian Community Corps authorized under subtitle E 
of title I of the National and Community Service Act of 1990 (the 
``Act'') (42 U.S.C. 12611 et seq.): Provided further, That the 
Corporation may transfer funds from the amount provided under the first 
proviso to the National Service Trust authorized under subtitle D of 
title I of the Act (42 U.S.C. 12601) upon determination that such 
transfer is necessary to support the activities of Civilian Community 
Corps participants and after notice is transmitted to Congress: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                     Social Security Administration

                      office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$277,000, to remain available until September 30, 2007, for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER

         department of education--hurricane education recovery

    Sec. 2701. (a) Authorization of Program.--The Secretary of 
Education shall establish an Education Relief Loan Program that 
includes amounts appropriated under chapter 7 of title II of this Act 
and provides from such amounts funds for long-term, low-interest direct 
loans to eligible postsecondary educational institutions for direct or 
indirect losses incurred on or after August 28, 2005, resulting from 
the impact of Hurricanes Katrina and Rita, and recovery initiatives of 
such institutions.
    (b) Eligibility.--In this section, the term ``eligible 
postsecondary educational institution'' means--
            (1) a public postsecondary educational institution that was 
        forced to suspend operations due to the impact of Hurricanes 
        Katrina and Rita and has not been able to reopen in existing 
        facilities or fully reopen to the levels that existed before 
        the impact of such hurricanes;
            (2) a private, nonprofit postsecondary educational 
        institution that was forced to suspend operations due to the 
        impact of such hurricanes and has not been able to reopen in 
        existing facilities or fully reopen to the levels that existed 
        before the impact of such hurricanes; or
            (3) a public or private school of medicine that was forced 
        to suspend operations due to the impact of such hurricanes and 
        has not been able to reopen in existing facilities or fully 
        reopen to the levels that existed before the impact of such 
        hurricanes.
    (c) Requirements For Assistance Due to Losses.--
            (1) In general.--An eligible postsecondary educational 
        institution that desires to receive assistance under this 
        section shall--
                    (A) submit a sworn financial statement and other 
                appropriate data, documentation, or other evidence 
                requested by the Secretary of Education that indicates 
                that the institution incurred losses resulting from the 
                impact of Hurricanes Katrina and Rita and the monetary 
                amount of such losses;
                    (B) demonstrate that the institution attempted to 
                minimize the cost of any losses by pursuing collateral 
                source compensation from the Federal Emergency 
                Management Agency, the Small Business Administration, 
                and insurance prior to seeking assistance under this 
                section; and
                    (C) demonstrate that the institution has not been 
                able to reopen in existing facilities or fully reopen 
                to the levels that existed before the impact of such 
                hurricanes.
            (2) No requirement that institution receive collateral 
        source compensation.--An eligible postsecondary educational 
        institution shall be eligible for a loan under this section 
        regardless of whether or not such institution received 
        collateral source compensation from the Federal Emergency 
        Management Agency, the Small Business Administration, or 
        insurance.
    (d) Use of Assistance.--Assistance received by an eligible 
postsecondary educational institution pursuant to this section may be 
used for--
            (1) direct and indirect construction cost and clean-up 
        resulting from Hurricanes Katrina and Rita;
            (2) faculty salaries and incentives for retaining faculty; 
        and
            (3) costs of lost tuition, revenue, and enrollment.
    (e) Audit.--The Secretary of Education and the Comptroller General 
of the United States may audit a statement submitted under subsection 
(c)(1)(A) and may request any information that the Secretary of 
Education and Comptroller General determine necessary to conduct such 
an audit.
    (f) Reduction in Assistance.--In calculating assistance to eligible 
postsecondary educational institutions under this section, the 
Secretary of Education shall calculate a figure that reduces from the 
monetary amount of losses incurred by such institution, only the amount 
of collateral source compensation the institution has already received 
from insurance, the Federal Emergency Management Agency, and the Small 
Business Administration.
    (g) Regulations.--Not later than 30 days after the date of 
enactment of this section, the Secretary of Education shall establish 
terms for the long-term, low-interest direct loan program and 
procedures for an application for assistance under this section and 
minimum requirements for the program and for receiving assistance under 
this section, including the following:
            (1) Forms to be used in submitting request for assistance.
            (2) Procedures to assist in filing and pursing assistance.
            (3) Loan repayment and interest rate procedures and 
        requirements, as specified by the Secretary of Education and in 
        accordance with the published rule of October 18, 2005 (44 
        C.F.R. 206.370-377), implementing the Community Disaster Loan 
        Act of 2005 (Public Law 109-88).

  historically black college and university capital financing program

    Sec. 2702. (a) In this section:
            (1) The term ``affected institution'' means an institution 
        of higher education that is--
                    (A) a part B institution, as such term is defined 
                in section 322 of the Higher Education Act of 1965 (20 
                U.S.C. 1061); and
                    (B) located in an area affected by a Gulf hurricane 
                disaster.
            (2) The terms ``area affected by a Gulf hurricane 
        disaster'' and ``Gulf hurricane disaster'' have the meanings 
        given such terms in section 209 of the Higher Education 
        Hurricane Relief Act of 2005 (Public Law 109-148, 119 Stat. 
        2809).
    (b) Notwithstanding any other provision of law (unless enacted with 
specific reference to this section), the Secretary of Education is 
authorized to waive or modify, as the Secretary determines is 
necessary, any statutory or regulatory provision related to 
historically Black college and university capital financing under part 
D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et 
seq.), in connection with a Gulf hurricane disaster, to ensure that--
            (1) the calculation of financing need under section 343 of 
        such Act (20 U.S.C. 1066b) for an affected institution is 
        modified to reflect any changes in the financial condition of 
        the institution as a result of the Gulf hurricane disaster; and
            (2) an affected institution that was not receiving 
        assistance under such part before the Gulf hurricane disaster 
        is eligible to apply for capital financing to assist in 
        institutional recovery from the Gulf hurricane disaster.
    (c)(1) Notwithstanding section 343(b)(1) or any other provision of 
title III of the Higher Education Act of 1965 (20 U.S.C. 1066b(b)(1), 
1051 et seq.), in carrying out section 343 of such Act, a designated 
bonding authority shall withhold not more than 1 percent for the cost 
of issuance from the proceeds of qualified bonds that are loaned to an 
affected institution.
    (2) Notwithstanding section 343(b)(3) or any other provision of 
title III of the Higher Education Act of 1965 (20 U.S.C. 1066b(b)(3), 
1051 et seq.), the interest rate charged for a loan issued under part D 
of title III of such Act, after the date of enactment of this Act and 
with respect to an affected institution, shall be a rate of 1 percent 
for the period of the loan.
    (3) Notwithstanding any other provision of title III of the Higher 
Education Act of 1965 (20 U.S.C. 1051 et seq.), the requirements of 
section 343(b)(8) and 343(c)(2) of such Act (20 U.S.C. 1066(b)(8)) 
shall not apply with respect to an affected institution receiving a 
loan under part D of title III of such Act (20 U.S.C. 1066 et seq.).
    (d) Notwithstanding any provision of title III of the Higher 
Education Act of 1965 (20 U.S.C. 1051 et seq.), or any regulation 
promulgated under such title, the Secretary of Education shall grant a 
deferment, for a period of not more than 3 years, to an affected 
institution who has received a loan under part D of title III of such 
Act (20 U.S.C. 1066 et seq.). During the deferment period granted under 
this subsection, the affected institution shall not be required to pay 
any periodic installment of principal required under the loan agreement 
for such loan, and interest on such loan shall not accrue for the 
period of the deferment.
    (e)(1) Except as provided in paragraph (2), the authority provided 
under this section to enter into, or modify or waive the terms of, a 
loan agreement or insurance agreement under part D of title III of the 
Higher Education Act of 1965 (20 U.S.C. 1066 et seq.), or to grant a 
loan deferment under subsection (d), shall terminate 1 year after the 
date of enactment of this Act.
    (2) Any provision of a loan agreement or insurance agreement 
modified or waived by the authority under this section shall remain so 
modified or waived for the duration of the period covered by the loan 
agreement or insurance agreement.
    (f) The amount provided in this section is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

             use of supplemental higher education act funds

    Sec. 2703. Funds available to the Mississippi Institutes of Higher 
Learning under the heading ``Department of Education'' in Public Law 
109-148 may be used to support activities authorized by part B of title 
VII of the Higher Education Act of 1965, as determined necessary by the 
Mississippi Institutes of Higher Learning: Provided, That the amount 
provided under this section is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                     SOCIAL SECURITY ADMINISTRATION

                          (transfer of funds)

    Sec. 2704. Of the funds made available under the heading ``Disaster 
Relief'' under the heading ``Federal Emergency Management Agency'' in 
chapter 5 of this title, $38,000,000 is hereby transferred to the 
Social Security Administration for necessary expenses and direct or 
indirect losses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season: Provided, That the amount 
transferred by this section is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 8

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Navy

    For an additional amount for ``Military Construction, Navy'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $44,770,000, to remain available 
until September 30, 2010: Provided, That such funds may be obligated 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'' 
for necessary expenses related to the consequences of Hurricane Katrina 
and other hurricanes of the 2005 season, $103,500,000, to remain 
available until September 30, 2010: 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'' for necessary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season, $210,071,000, to 
remain available until September 30, 2010: 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: Provided further, That the amount appropriated under this 
heading in the Emergency Supplemental Appropriations Act to Address 
Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (division 
B, Public Law 109-148) shall remain available until September 30, 2010.

               Military Construction, Air National Guard

    For an additional amount for ``Military Construction, Air National 
Guard'' for necessary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season, $5,800,000, to remain 
available until September 30, 2010: Provided, That such funds may be 
obligated 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

                    (including rescission of funds)

    For an additional amount for ``Military Construction, Naval 
Reserve'' for necessary expenses related to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, $24,270,000, 
to remain available until September 30, 2010: Provided, That such funds 
may be obligated 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: Provided further, That the amount appropriated under this 
heading in the Emergency Supplemental Appropriations Act to Address 
Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (division 
B, Public Law 109-148) shall remain available until September 30, 2010, 
except that, of such amount $49,530,000 are rescinded.

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration

                      construction, major projects

    For an additional amount for ``Construction, Major Projects'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $623,000,000, to remain available 
until expended: Provided, That of that amount, $12,000,000 may be 
available for environmental cleanup and removal of debris from 
Department of Veterans Affairs land in Gulfport, Mississippi: Provided 
further, That of that amount, $50,000,000 shall be available for any 
purpose for which funds in the `Construction, Major Projects' account 
are available under 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.

                             RELATED AGENCY

                      Armed Forces Retirement Home

                           major construction

    For an additional amount for ``Major Construction'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $176,000,000, to remain available until 
expended: Provided, That such funds may be obligated or expended for 
planning and design and construction projects not otherwise authorized 
by law: Provided further, That these funds shall be used for the 
planning and design and construction of a new Armed Forces Retirement 
Home in Gulfport, Mississippi: Provided further, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER

                         military construction

                         (waiver of limitation)

    Sec. 2801. The limitation of Federal contribution established under 
section 18236(b) of title 10 is hereby waived for projects appropriated 
in this chapter.

                     department of veterans affairs

              (including rescission and transfer of funds)

    Sec. 2802. (a) Of the amounts made available in chapter 7 of the 
title I of division B of Public Law 109-148, ``Department of Veterans 
Affairs'', ``Veterans Health Administration'', ``Medical Services'', 
$198,265,000 are hereby rescinded.
    (b) For an additional amount for ``Department of Veterans 
Affairs'', ``Veterans Health Administration'', ``Medical Services'', 
$198,265,000, to remain available until expended, for necessary 
expenses related to the consequences of hurricanes in the Gulf of 
Mexico in calendar year 2005.
    (c) The funds made available in subsection (b) may be transferred 
to the ``Department of Veterans Affairs'', ``Veterans Health 
Administration'', ``Medical Services'', ``Medical Administration'', 
``Medical Facilities'', ``Departmental Administration'', 
``Construction, Minor Projects'', and ``Information Technology 
Systems'' accounts as required.
    (d) Not less than 15 days prior to making any such transfer as 
authorized under subsection (c), the Department shall notify the 
Committees on Appropriations of both Houses of Congress.
    (e) This section is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                     department of veterans affairs

                             land transfer

    Sec. 2803. Notwithstanding any other provision of law, within six 
months of enactment of this Act, the Secretary of Veterans Affairs is 
authorized and directed to cleanup and transfer all land parcels of the 
Department's land in Gulfport, Mississippi to the city of Gulfport, 
Mississippi.

                     department of veterans affairs

               new orleans and biloxi medical facilities

    Sec. 2804. Notwithstanding any other provision of law, and within 
the amounts appropriated for this purpose, the Secretary of Veterans 
Affairs may obligate and expend funds from the ``Construction, Major 
Projects'' appropriation to purchase a site for and the new 
construction, restoration or replacement of the Department of Veterans 
Affairs Medical Centers, New Orleans, Louisiana; and Biloxi, 
Mississippi.

                      armed forces retirement home

                          (transfer of funds)

    Sec. 2805. The following unobligated balances shall be transferred 
to the Armed Forces Retirement Home ``Major Construction'' account, to 
remain available until expended, for the planning and design and 
construction of a new Armed Forces Retirement Home in Gulfport, 
Mississippi from amounts appropriated under the heading ``Armed Forces 
Retirement Home'' in chapter 7 of division B of Public Law 109-148 (119 
Stat. 2769), $45,000,000 provided for Armed Forces Retirement Home-
Gulfport; and unobligated balances of funds provided in fiscal years 
1998 through 2004 for construction and renovation of the physical 
plants at the United States Naval Home/Armed Forces Retirement Home-
Gulfport: Provided, That the Navy, acting through the Naval Facilities 
Engineering Command, shall be the agent for all matters with regard to 
the planning, design, construction, and contract administration related 
to the construction of the new Armed Forces Retirement Home: Provided 
further, That the amount provided or otherwise made available 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 9

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

    For an additional amount for ``Emergency relief program'' as 
authorized under 23 U.S.C. 125, $594,000,000, to remain available until 
expended, to be made available to carry out projects eligible for 
reimbursement under 23 U.S.C. 125 not otherwise funded in other 
Appropriations Acts and identified under ``Total Backlog'' in the 
Federal Highway Administration table entitled ``Emergency Relief 
Program Fund Requests--updated 03/28/06'' as well as projects eligible 
for reimbursement resulting from 2006 flooding in the State of Hawaii: 
Provided, That notwithstanding 23 U.S.C. 120(e), 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 eligible projects cited in the first sentence 
of this paragraph may be used for other projects authorized under 23 
U.S.C. 125: Provided further, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.

                     Federal Transit Administration

             emergency assistance for public transportation

    For grants to State or local governmental entities directly 
affected by Hurricane Katrina for expenses related to emergency 
response and recovery of public transportation equipment, facilities 
and services, as determined by the Secretary of Transportation, 
$200,000,000, to remain available until expended: Provided, That for 
recipients of assistance under chapter 53 of title 49, United States 
Code, directly affected by Hurricane Katrina, the Secretary may waive 
the Federal matching share requirements for Federal transit assistance 
programs under such chapter, including the Federal matching share 
requirements contained in existing Federal assistance grant agreements: 
Provided further, That the Secretary may allow such recipients to use 
such assistance for operating assistance, notwithstanding the terms and 
conditions contained in existing Federal assistance grant agreements: 
Provided further, That the Secretary may waive any other Federal 
transit assistance grant requirements under such chapter or sections 
3037 and 3038 of the Federal Transit Act of 1998, including those 
requirements contained in existing Federal assistance grant agreements 
to facilitate emergency response and recovery of public transportation 
equipment, facilities and services by such recipients: Provided 
further, That the authority of the Secretary hereunder shall expire two 
years after the date of enactment of this section, unless determined 
otherwise by the Secretary for a compelling need: 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.

                    Federal Railroad Administration

            capital grants for rail line relocation projects

    Notwithstanding any other provision of law, to enable the Secretary 
of Transportation to make a grant under 49 U.S.C. 20154, for the 
purpose of facilitating the relocation of a rail line that was 
destroyed or received significant damage as the result of Hurricane 
Katrina and other hurricanes of the 2005 season, $700,000,000, to 
remain available until expended: Provided, That relocating a 
significant portion of the rail traffic from a rail line destroyed or 
damaged to an existing rail corridor or corridors inland, and thus less 
vulnerable to damage by future hurricanes, and which permits the 
abandonment and alternative use of significant portions of the right-
of-way of the rail line destroyed or damaged in 2005, shall be a 
permissible relocation of said rail line pursuant to 49 U.S.C. 20154: 
Provided further, That paragraphs (2), (3), and (4) of subsection (c) 
of section 20154 and subsection (d) of section 20154 shall not apply in 
the consideration of an application or award of a grant under this 
provision: 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.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                     tenant-based rental assistance

    For an additional amount for ``Tenant-Based Rental Assistance'' for 
tenant-based and project-based assistance for households within the 
area declared a major disaster under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) related to 
the consequences of Hurricane Katrina and other hurricanes of the 2005 
season, $202,000,000, to remain available until September 30, 2007, of 
which not to exceed $5,000,000 is for the administrative and related 
information technology costs of the Department of Housing and Urban 
Development: Provided, That such households shall be limited to those 
identified under this heading in division B, Public Law 109-148 and to 
those which, prior to Hurricane Katrina or Rita, received assistance 
under section 236 or under section 221(d)(3) pursuant to section 
221(d)(5) of the National Housing Act, or section 101 of the Housing 
and Urban Development Act of 1965: Provided further, That, except as 
otherwise provided, such funds shall be subject to the terms and 
conditions of amounts provided under this heading in division B, Public 
Law 109-148, except that section 8(o)(7)(A) of the United States 
Housing Act of 1937 shall not apply to funds under such heading and 
under this heading: Provided further, That no less than $100,000,000 
shall be made available as project-based assistance used to support the 
reconstruction, rebuilding, and repair of assisted housing that 
suffered the consequences of Hurricane Katrina and other hurricanes of 
the 2005 season or new structures supported under the low income tax 
credit program: Provided further, That previously assisted HUD project-
based housing and residents of such housing shall be accorded a 
preference in the use of such project-based assistance, except that 
such funds shall be made available for 4,500 project-based vouchers for 
supportive housing units for persons with disabilities, as that term is 
defined in section 422(2) of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11382(2)), elderly families, or previously homeless 
individuals and families: Provided further, That the limitation 
contained in section 8(o)(13)(B) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(o)(13)(B)) shall not apply to such funds: 
Provided further, That, notwithstanding any other provision of law, 
after providing a first right of return to all households in the St. 
Bernard, Orleans, Plaquemines, Jefferson, and St. Tammany Parishes 
eligible for project-based housing assistance under this heading and 
under this heading in division B, Public Law 109-148, owners may then 
offer remaining available dwelling units to city and parish employees 
from those parishes for a period of not to exceed 12 months: 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.

                   Community Planning and Development

                       community development fund

                     (including transfer of funds)

    For an additional amount for the ``Community development fund'', 
for necessary expenses related to disaster relief, long-term recovery, 
and restoration of infrastructure in the most impacted and distressed 
areas related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season 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 and other hurricanes of the 2005 
season, $5,200,000,000, to remain available until expended, for 
activities authorized under title I of the Housing and Community 
Development Act of 1974 (Public Law 93-383): Provided, That funds 
provided under this heading shall be administered through an entity or 
entities designated by the Governor of each State: Provided further, 
That such funds may not be used for activities reimbursable by or for 
which funds are made available by the Federal Emergency Management 
Agency, the Small Business Administration, or the Army Corps of 
Engineers: Provided further, That funds allocated under this heading 
shall not adversely affect the amount of any formula assistance 
received by a State under this heading: Provided further, That each 
State may use up to five percent of its allocation for administrative 
costs: Provided further, That not less than $1,000,000,000 from funds 
made available on a pro-rata basis according to the allocation made to 
each State under this heading shall be used for repair, rehabilitation, 
and reconstruction (including demolition, site clearance and 
remediation) of the affordable rental housing stock (including public 
and other HUD-assisted housing) in the impacted areas: Provided 
further, That as long as $5,200,000,000 is provided under this heading 
no State shall be allocated less than 3.5 percent of the amount 
provided under this heading: Provided further, That in administering 
the funds under this heading, the Secretary of Housing and Urban 
Development may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers 
in connection with the obligation by the Secretary or the use by the 
recipient of these funds or guarantees (except for requirements related 
to fair housing, nondiscrimination, labor standards, and the 
environment), upon a request by the State that such waiver is required 
to facilitate the use of such funds or guarantees, and a finding by the 
Secretary that such waiver would not be inconsistent with the overall 
purpose of the statute: Provided further, That the Secretary may waive 
the requirement that activities benefit persons of low and moderate 
income, except that at least 50 percent of the funds made available 
under this heading must benefit primarily persons of low and moderate 
income unless the Secretary otherwise makes a finding of compelling 
need: Provided further, That the Secretary shall publish in the Federal 
Register any waiver of any statute or regulation that the Secretary 
administers pursuant to title I of the Housing and Community 
Development Act of 1974 no later than 5 days before the effective date 
of such waiver: Provided further, That every waiver made by the 
Secretary must be reconsidered according to the three previous provisos 
on the two-year anniversary of the day the Secretary published the 
waiver in the Federal Register: Provided further, That prior to the 
obligation of funds each State shall submit a plan to the Secretary 
detailing the proposed use of all funds, including criteria for 
eligibility and how the use of these funds will address long-term 
recovery and restoration of infrastructure: Provided further, That 
prior to the obligation of funds to each State, the Secretary shall 
ensure that such plan gives priority to infrastructure development and 
rehabilitation and the rehabilitation and reconstruction of the 
affordable rental housing stock including public and other HUD-assisted 
housing: Provided further, That each State will report quarterly to the 
Committees on Appropriations on all awards and uses of funds made 
available under this heading, including specifically identifying all 
awards of sole-source contracts and the rationale for making the award 
on a sole-source basis: Provided further, That the Secretary shall 
notify the Committees on Appropriations on any proposed allocation of 
any funds and any related waivers made pursuant to these provisions 
under this heading no later than 5 days before such waiver is made: 
Provided further, That the Secretary shall establish procedures to 
prevent recipients from receiving any duplication of benefits and 
report quarterly to the Committees on Appropriations with regard to all 
steps taken to prevent fraud and abuse of funds made available under 
this heading including duplication of benefits: Provided further, That 
of the amounts made available under this heading, the Secretary shall 
transfer $12,000,000 to the Office of Inspector General for costs 
associated with oversight: Provided further, That none of the funds 
provided under this heading may be used by a State or locality as a 
matching requirement, share, or contribution for any other Federal 
program: Provided further, That the amounts provided under this heading 
are designated as an emergency requirement pursuant to section 402 of 
H. Con. Res. 95 (109th Congress), the concurrent resolution on the 
budget for fiscal year 2006.

                          INDEPENDENT AGENCIES

                     Election Assistance Commission

                          election assistance

    For purposes of making discretionary payments to States affected by 
Hurricane Katrina and other hurricanes during the 2005 season to 
restore and replace supplies, materials, records, equipment, and 
technology used in the administration of Federal elections and to 
ensure the full participation of individuals displaced by such 
hurricanes, $30,000,000: Provided, That any such funds shall be used in 
a manner that is consistent with title III of the Help America Vote Act 
of 2002: 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 Services Administration

                         federal buildings fund

    For an additional amount for the ``Federal Buildings Fund'' for 
necessary expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $37,000,000, from the General Fund 
and to remain available until expended: Provided, That notwithstanding 
40 U.S.C. 3307, the Administrator of General Services is authorized to 
proceed with repairs and alterations for affected buildings: Provided 
further, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                               TITLE III

               EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``Emergency Agricultural Disaster 
Assistance Act of 2006''.

SEC. 3002. DEFINITIONS.

    In this title:
            (1) Additional coverage.--The term ``additional coverage'' 
        has the meaning given the term in section 502(b)(1) of the 
        Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
            (2) Disaster county.--The term ``disaster county'' means--
                    (A) a county included in the geographic area 
                covered by a natural disaster declaration; and
                    (B) each county contiguous to a county described in 
                subparagraph (A).
            (3) Hurricane-affected county.--The term ``hurricane-
        affected county'' means--
                    (A) a county included in the geographic area 
                covered by a natural disaster declaration related to 
                Hurricane Katrina, Hurricane Rita, Hurricane Wilma, or 
                a related condition; and
                    (B) each county contiguous to a county described in 
                subparagraph (A).
            (4) Insurable commodity.--The term ``insurable commodity'' 
        means an agricultural commodity (excluding livestock) for which 
        the producers on a farm are eligible to obtain a policy or plan 
        of insurance under the Federal Crop Insurance Act (7 U.S.C. 
        1501 et seq.).
            (5) Livestock.--The term ``livestock'' includes--
                    (A) cattle (including dairy cattle);
                    (B) bison;
                    (C) sheep;
                    (D) swine; and
                    (E) other livestock, as determined by the 
                Secretary.
            (6) Natural disaster declaration.--The term ``natural 
        disaster declaration'' means--
                    (A) a natural disaster declared by the Secretary--
                            (i) during calendar year 2005 under section 
                        321(a) of the Consolidated Farm and Rural 
                        Development Act (7 U.S.C. 1961(a)); or
                            (ii) during calendar year 2006 under that 
                        section, but for which a request was pending as 
                        of the date of enactment of this Act; or
                    (B) a major disaster or emergency designated by the 
                President--
                            (i) during calendar year 2005 under the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5121 et 
                        seq.); or
                            (ii) during calendar year 2006 under that 
                        Act, but for which a request was pending as of 
                        the date of enactment of this Act.
            (7) Noninsurable commodity.--The term ``noninsurable 
        commodity'' means a crop for which the producers on a farm are 
        eligible to obtain assistance under section 196 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

               Subtitle A--Agricultural Production Losses

SEC. 3011. CROP DISASTER ASSISTANCE.

    (a) In General.--The Secretary shall use such sums as are necessary 
of funds of the Commodity Credit Corporation to make emergency 
financial assistance authorized under this section available to 
producers on a farm that have incurred qualifying losses described in 
subsection (c).
    (b) Administration.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall make assistance available under this section in 
        the same manner as provided under section 815 of the 
        Agriculture, Rural Development, Food and Drug Administration 
        and Related Agencies Appropriations Act, 2001 (Public Law 106-
        387; 114 Stat. 1549A-55), including using the same loss 
        thresholds for quantity and economic losses as were used in 
        administering that section, except that the payment rate shall 
        be 50 percent of the established price, instead of 65 percent.
            (2) Loss thresholds for quality losses.--In the case of a 
        payment for quality loss for a crop under subsection (c)(2), 
        the loss thresholds for quality loss for the crop shall be 
        determined under subsection (d).
    (c) Qualifying Losses.--Assistance under this section shall be made 
available to producers on farms, other than producers of sugar cane and 
sugar beets, that incurred qualifying quantity or quality losses for--
            (1) the 2005 crop due to damaging weather or any related 
        condition (including losses due to crop diseases, insects, and 
        delayed harvest), as determined by the Secretary; and
            (2) the 2006 crop due to flooding in California and Hawaii 
        that occurred prior to the date of enactment of this Act and 
        for which a petition for a disaster designation has been filed 
        with the Secretary not later than that date.
    (d) Quality Losses.--
            (1) In general.--Subject to paragraph (3), the amount of a 
        payment made to producers on a farm for a quality loss for a 
        crop under subsection (c)(2) shall be equal to the amount 
        obtained by multiplying--
                    (A) 65 percent of the payment quantity determined 
                under paragraph (2); by
                    (B) 50 percent of the payment rate determined under 
                paragraph (3).
            (2) Payment quantity.--For the purpose of paragraph (1)(A), 
        the payment quantity for quality losses for a crop of a 
        commodity on a farm shall equal the lesser of--
                    (A) the actual production of the crop affected by a 
                quality loss of the commodity on the farm; or
                    (B) the quantity of expected production of the crop 
                affected by a quality loss of the commodity on the 
                farm, using the formula used by the Secretary to 
                determine quantity losses for the crop of the commodity 
                under subsection (c)(1).
            (3) Payment rate.--For the purpose of paragraph (1)(B) and 
        in accordance with paragraphs (5) and (6), the payment rate for 
        quality losses for a crop of a commodity on a farm shall be 
        equal to the difference between--
                    (A) the per unit market value that the units of the 
                crop affected by the quality loss would have had if the 
                crop had not suffered a quality loss; and
                    (B) the per unit market value of the units of the 
                crop affected by the quality loss.
            (4) Eligibility.--For producers on a farm to be eligible to 
        obtain a payment for a quality loss for a crop under subsection 
        (c)(2), the amount obtained by multiplying the per unit loss 
        determined under paragraph (1) by the number of units affected 
        by the quality loss shall be at least 25 percent of the value 
        that all affected production of the crop would have had if the 
        crop had not suffered a quality loss.
            (5) Marketing contracts.--In the case of any production of 
        a commodity that is sold pursuant to 1 or more marketing 
        contracts (regardless of whether the contract is entered into 
        by the producers on the farm before or after harvest) and for 
        which appropriate documentation exists, the quantity designated 
        in the contracts shall be eligible for quality loss assistance 
        based on the 1 or more prices specified in the contracts.
            (6) Other production.--For any additional production of a 
        commodity for which a marketing contract does not exist or for 
        which production continues to be owned by the producer, quality 
        losses shall be based on the average local market discounts for 
        reduced quality, as determined by the appropriate State 
        committee of the Farm Service Agency.
            (7) Quality adjustments and discounts.--The appropriate 
        State committee of the Farm Service Agency shall identify the 
        appropriate quality adjustment and discount factors to be 
        considered in carrying out this subsection, including--
                    (A) the average local discounts actually applied to 
                a crop; and
                    (B) the discount schedules applied to loans made by 
                the Farm Service Agency or crop insurance coverage 
                under the Federal Crop Insurance Act (7 U.S.C. 1501 et 
                seq.).
            (8) Eligible production.--The Secretary shall carry out 
        this subsection in a fair and equitable manner for all eligible 
        production, including the production of fruits and vegetables, 
        other specialty crops, and field crops.
    (e) Eligibility for Assistance.--
            (1) In general.--Except as provided in paragraph (2), the 
        producers on a farm shall not be eligible for assistance under 
        this section with respect to losses to an insurable commodity 
        or noninsurable commodity if the producers on the farm--
                    (A) in the case of an insurable commodity, did not 
                obtain a policy or plan of insurance for the insurable 
                commodity under the Federal Crop Insurance Act (7 
                U.S.C. 1501 et seq.) for the crop incurring the losses;
                    (B) in the case of a noninsurable commodity, did 
                not file the required paperwork, and pay the 
                administrative fee by the applicable State filing 
                deadline, for the noninsurable commodity under section 
                196 of the Federal Agriculture Improvement and Reform 
                Act of 1996 (7 U.S.C. 7333) for the crop incurring the 
                losses;
                    (C) had average adjusted gross income (as defined 
                by section 1001D(a) of the Food Security Act of 1985 (7 
                U.S.C. 1308-3a(a)), of greater than $2,500,000 in 2004; 
                or
                    (D) were not in compliance with highly erodible 
                land conservation and wetland conservation provisions.
            (2) Contract waiver.--The Secretary may waive paragraph (1) 
        with respect to the producers on a farm if the producers enter 
        into a contract with the Secretary under which the producers 
        agree--
                    (A) in the case of an insurable commodity, to 
                obtain a policy or plan of insurance under the Federal 
                Crop Insurance Act (7 U.S.C. 1501 et seq.) providing 
                additional coverage for the insurable commodity for 
                each of the next 2 crops, at a coverage level that 
                provides--
                            (i) not less than 65 percent of the actual 
                        production history for the crop produced on the 
                        farm; and
                            (ii) 100 percent of the expected market 
                        price or a comparable coverage (as determined 
                        by the Federal Crop Insurance Corporation); and
                    (B) in the case of a noninsurable commodity, to 
                file the required paperwork and pay the administrative 
                fee by the applicable State filing deadline, for the 
                noninsurable commodity for each of the next 2 crops 
                under section 196 of the Federal Agriculture 
                Improvement and Reform Act of 1996 (7 U.S.C. 7333).
            (3) Effect of violation.--In the event of the violation of 
        a contract under paragraph (2) by a producer, the producer 
        shall reimburse the Secretary for the full amount of the 
        assistance provided to the producer under this section.
    (f) Timing.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall make payments to producers on a farm for a crop under 
        this section not later than 60 days after the date the 
        producers on the farm submit to the Secretary a completed 
        application for the payments.
            (2) Interest.--If the Secretary does not make payments to 
        the producers on a farm by the date described in paragraph (1), 
        the Secretary shall pay to the producers on a farm interest on 
        the payments at a rate equal to the current (as of the sign-up 
        deadline established by the Secretary) market yield on 
        outstanding, marketable obligations of the United States with 
        maturities of 30 years.

SEC. 3012. LIVESTOCK ASSISTANCE.

    (a) Livestock Compensation Program.--
            (1) Use of commodity credit corporation funds.--Effective 
        beginning on the date of enactment of this Act, the Secretary 
        shall use funds of the Commodity Credit Corporation to carry 
        out the 2002 Livestock Compensation Program announced by the 
        Secretary on October 10, 2002 (67 Fed. Reg. 63070), to provide 
        compensation for livestock losses during calendar years 2005 
        and 2006 for losses that occurred prior to the date of 
        enactment of this Act (including wildfire disaster losses in 
        the State of Texas and other States) due to a disaster, as 
        determined by the Secretary, except that the payment rate shall 
        be 75 percent of the payment rate established for the 2002 
        Livestock Compensation Program.
            (2) Eligible applicants.--In carrying out the program 
        described in paragraph (1), the Secretary shall provide 
        assistance to any applicant that--
                    (A)(i) conducts a livestock operation that is 
                located in a disaster county, including any applicant 
                conducting a livestock operation with eligible 
                livestock (within the meaning of the livestock 
                assistance program under section 101(b) of division B 
                of Public Law 108-324 (118 Stat. 1234)); or
                    (ii) produces an animal described in section 
                10806(a)(1) of the Farm Security and Rural Investment 
                Act of 2002 (21 U.S.C. 321d(a)(1)); and
                    (B) meets all other eligibility requirements 
                established by the Secretary for the program.
            (3) Mitigation.--In determining the eligibility for or 
        amount of payments for which a producer is eligible under the 
        livestock compensation program, the Secretary shall not 
        penalize a producer that takes actions (recognizing disaster 
        conditions) that reduce the average number of livestock the 
        producer owned for grazing during the production year for which 
        assistance is being provided.
            (4) Limitation.--The Secretary shall ensure, to the maximum 
        extent practicable, that no producer on a farm receives 
        duplicative payments under this subsection and another Federal 
        program with respect to any loss.
    (b) Livestock Indemnity Payments.--
            (1) In general.--The Secretary shall use such sums as are 
        necessary of funds of the Commodity Credit Corporation to make 
        livestock indemnity payments to producers on farms that have 
        incurred livestock losses during calendar years 2005 and 2006 
        for losses that occurred prior to the date of enactment of this 
        Act (including wildfire disaster losses in the State of Texas 
        and other States) due to a disaster, as determined by the 
        Secretary, including losses due to hurricanes, floods, anthrax, 
        and wildfires.
            (2) Payment rates.--Indemnity payments to a producer on a 
        farm under paragraph (1) shall be made at a rate of not less 
        than 30 percent of the market value of the applicable livestock 
        on the day before the date of death of the livestock, as 
        determined by the Secretary.
    (c) Livestock Indemnity Program for Contract Growers.--
            (1) In general.--Subject to subsection (d), the Secretary 
        shall use funds of the Commodity Credit Corporation to 
        establish a program to assist poultry producers in hurricane-
        affected counties that suffered income losses.
            (2) Terms and conditions.--The program established under 
        paragraph (1) shall contain similar terms and conditions as the 
        terms and conditions used for the livestock indemnity program 
        for contract growers described in subpart E of chapter XIV of 
        title 7, Code of Federal Regulations (as in effect on January 
        1, 2002).
    (d) Ewe Lamb Replacement and Retention.--
            (1) In general.--The Secretary shall use $15,000,000 of 
        funds of the Commodity Credit Corporation to make payments 
        under the Ewe Lamb Replacement and Retention Payment Program 
        under part 784 of title 7, Code of Federal Regulations (or a 
        successor regulation) for each qualifying ewe lamb retained or 
        purchased during the period beginning on January 1, 2006, and 
        ending on December 31, 2006.
            (2) Ineligibility for other assistance.--A producer that 
        receives assistance under this subsection shall not be eligible 
        to receive assistance under subsection (a).
    (e) Limit on Amount of Assistance.--The Secretary shall ensure, to 
the maximum extent practicable, that no producer on a farm receives 
duplicative payments under this section and any other Federal program 
for the same loss.

SEC. 3013. FLOODED CROP AND GRAZING LAND.

    (a) In General.--The Secretary shall compensate eligible owners of 
flooded crop and grazing land in--
            (1) the Devils Lake basin; and
            (2) the McHugh, Lake Laretta, and Rose Lake closed drainage 
        areas of the State of North Dakota.
    (b) Eligibility.--
            (1) In general.--To be eligible to receive compensation 
        under this section, an owner shall own land described in 
        subsection (a) that, during the 2 crop years preceding receipt 
        of compensation, was rendered incapable of use for the 
        production of an agricultural commodity or for grazing purposes 
        (in a manner consistent with the historical use of the land) as 
        the result of flooding, as determined by the Secretary.
            (2) Inclusions.--Land described in paragraph (1) shall 
        include--
                    (A) land that has been flooded;
                    (B) land that has been rendered inaccessible due to 
                flooding; and
                    (C) a reasonable buffer strip adjoining the flooded 
                land, as determined by the Secretary.
            (3) Administration.--The Secretary may establish--
                    (A) reasonable minimum acreage levels for 
                individual parcels of land for which owners may receive 
                compensation under this section; and
                    (B) the location and area of adjoining flooded land 
                for which owners may receive compensation under this 
                section.
    (c) Sign-Up.--The Secretary shall establish a sign-up program for 
eligible owners to apply for compensation from the Secretary under this 
section.
    (d) Compensation Payments.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        rate of an annual compensation payment under this section shall 
        be equal to 90 percent of the average annual per acre rental 
        payment rate (at the time of entry into the contract) for 
        comparable crop or grazing land that has not been flooded and 
        remains in production in the county where the flooded land is 
        located, as determined by the Secretary.
            (2) Reduction.--An annual compensation payment under this 
        section shall be reduced by the amount of any conservation 
        program rental payments or Federal agricultural commodity 
        program payments received by the owner for the land during any 
        crop year for which compensation is received under this 
        section.
            (3) Exclusion.--During any year in which an owner receives 
        compensation for flooded land under this section, the owner 
        shall not be eligible to participate in or receive benefits for 
        the flooded land under--
                    (A) the Federal crop insurance program established 
                under the Federal Crop Insurance Act (7 U.S.C. 1501 et 
                seq.);
                    (B) the noninsured crop assistance program 
                established under section 196 of the Federal 
                Agriculture Improvement and Reform Act of 1996 (7 
                U.S.C. 7333); or
                    (C) any Federal agricultural crop disaster 
                assistance program.
    (e) Relationship to Agricultural Commodity Programs.--The 
Secretary, by regulation, shall provide for the preservation of 
cropland base, allotment history, and payment yields applicable to land 
described in subsection (a) that was rendered incapable of use for the 
production of an agricultural commodity or for grazing purposes as the 
result of flooding.
    (f) Use of Land.--
            (1) In general.--An owner that receives compensation under 
        this section for flooded land shall take such actions as are 
        necessary to not degrade any wildlife habitat on the land that 
        has naturally developed as a result of the flooding.
            (2) Recreational activities.--To encourage owners that 
        receive compensation for flooded land to allow public access to 
        and use of the land for recreational activities, as determined 
        by the Secretary, the Secretary may--
                    (A) offer an eligible owner additional 
                compensation; and
                    (B) provide compensation for additional acreage 
                under this section.
    (g) Funding.--
            (1) In general.--The Secretary shall use $6,000,000 of 
        funds of the Commodity Credit Corporation to carry out this 
        section.
            (2) Pro-rated payments.--In a case in which the amount made 
        available under paragraph (1) for a fiscal year is insufficient 
        to compensate all eligible owners under this section, the 
        Secretary shall pro-rate payments for that fiscal year on a per 
        acre basis.

SEC. 3014. SUGARCANE AND SUGAR BEET DISASTER ASSISTANCE.

    (a) Florida.--The Secretary of Agriculture shall use $120,000,000 
of funds of the Commodity Credit Corporation to make payments to 
processors in Florida that are eligible to obtain a loan under section 
156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 
U.S.C. 7272(a)) to compensate first processors and producers for crop 
and other losses in hurricane-affected counties that are related to 
hurricanes, tropical storms, excessive rains, floods, and wind in 
Florida during calendar year 2005, by an agreement on the same terms 
and conditions, to the maximum extent practicable, as the payments made 
under section 102 of the Emergency Supplemental Appropriations for 
Hurricane Disasters Assistance Act of 2005 (Public Law 108-324; 118 
Stat. 1235), including that the 2005 base production of each harvesting 
unit shall be determined using the same base year crop production 
history that was used pursuant to the agreement under that section.
    (b) Louisiana.--
            (1) Compensation for losses.--The Secretary shall use the 
        funds, facilities, and authorities of the Commodity Credit 
        Corporation to make $120,000,000 in payments to first 
        processors of sugarcane that operate in a disaster county in 
        Louisiana, or obtain sugarcane from a disaster county in 
        Louisiana, and that are eligible to obtain a loan under section 
        156(a) of the Federal Agriculture Improvement and Reform Act of 
        1996 (7 U.S.C. 7272(a)), to compensate the producers and first 
        processors for crop and other losses due to Hurricane Katrina, 
        Hurricane Rita, or related conditions.
            (2) Administration.--Assistance under this subsection shall 
        be--
                    (A) shared by an affected first processor with 
                affected producers that provide commodities to the 
                processor in a manner that reflects contracts entered 
                into between the processor and the producers, except 
                with respect to a portion of the amount of total 
                assistance described under paragraph (1) necessary to 
                compensate affected producers for individual losses 
                experienced by the producers, including losses due to 
                saltwater intrusion, flooding, wind damage, or 
                increased planting, replanting, or harvesting costs, 
                which shall be transferred by the first processor to 
                the affected producers without regard to contractual 
                share arrangements; and
                    (B) made available under such terms and conditions 
                as the Secretary determines are necessary to carry out 
                this subsection.
            (3) Loss determination.--In carrying out this subsection, 
        the Secretary shall use the same base year to determine crop 
        loss that was elected by a producer to determine crop loss in 
        carrying out the hurricane assistance program under section 207 
        of the Agricultural Assistance Act of 2003 (Public Law 108-7; 
        117 Stat. 543).
    (c) Funding.--The Secretary shall use $40,000,000 of funds of the 
Commodity Credit Corporation to provide assistance to sugar beet 
producers that suffered production losses (including quality losses) 
for the 2005 crop year.
    (d) Requirement.--The Secretary shall make payments under 
subsection (c) in the same manner as payments were made under section 
208 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 
Stat. 544), including using the same indemnity benefits as were used in 
carrying out that section.
    (e) Texas.--The Secretary shall use $400,000 of funds of the 
Commodity Credit Corporation to assist sugarcane growers in Texas by 
making a payment in that amount to the Rio Grande Valley Sugar Growers, 
a farmer-owned cooperative sugarcane processor in that State, for 
additional demurrage costs at the Port of Baton Rouge and additional 
storage and transportation costs of raw sugar resulting from hurricanes 
during calendar year 2005, excessive rains, floods, wind, and other 
related conditions.
    (f) Hawaii.--The Secretary shall use $6,000,000 of funds of the 
Commodity Credit Corporation to assist sugarcane growers in Hawaii by 
making a payment in that amount to an agricultural transportation 
cooperative in Hawaii, the members of which are eligible to receive 
marketing assistance loans and loan deficiency payments made available 
under subtitle B of title I of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 7931 et seq.).
    (g) Limit on Amount of Assistance.--The Secretary shall ensure, to 
the maximum extent practicable, that no producer on a farm receives 
duplicative payments under this section and any other Federal program 
for the same loss.

SEC. 3015. SPECIALTY CROPS AND NURSERY CROPS.

    (a) In General.--The Secretary shall use funds of the Commodity 
Credit Corporation to provide assistance to producers of specialty 
crops and nursery crops in hurricane-affected counties.
    (b) Administration.--
            (1) In general.--Assistance required by subsection (a) 
        shall be carried out by the Secretary under the same terms and 
        conditions as the special disaster relief programs carried out 
        for producers that suffered from crop damage and tree losses, 
        and carried out related cleanup, in certain areas of Florida 
        due to Hurricanes Charley, Frances, and Jeanne during August 
        and September 2004, as described in the notice of program 
        implementation relating to Florida citrus, fruit, vegetable, 
        and nursery crop disaster programs (69 Fed. Reg. 63134 (October 
        29, 2004)).
            (2) Loss of records.--Due to the complete destruction of 
        the business records of many producers, the Secretary shall use 
        the best available information in determining eligibility, 
        determining losses, and calculating payment amounts under this 
        section.
    (c) Limit on Amount of Assistance.--The Secretary shall ensure, to 
the maximum extent practicable, that no producer on a farm receives 
duplicative payments under this section and any other Federal program 
for the same loss.

SEC. 3016. DAIRY ASSISTANCE.

    The Secretary shall use $25,000,000 of the funds of the Commodity 
Credit Corporation to make payments to dairy producers for dairy 
production losses and dairy spoilage losses in hurricane-affected 
counties.

SEC. 3017. COTTONSEED.

    (a) Distribution of Funds.--The Secretary shall provide disaster 
assistance under subsection (c) under the same terms and conditions as 
assistance provided under section 206 of the Agricultural Assistance 
Act of 2003 (Public Law 108-7; 117 Stat. 543), except that assistance 
shall be--
            (1) distributed to producers and first handlers of 
        cottonseed; and
            (2) based on cottonseed production during the most recent 
        year for which a disaster payment specifically for cottonseed 
        was not authorized.
    (b) Cottonseed Assistance.--The Secretary shall use $15,000,000 of 
the funds of the Commodity Credit Corporation to provide assistance to 
producers and first-handlers of the 2005 crop of cottonseed in 
hurricane-affected counties.

SEC. 3018. REDUCTION IN PAYMENTS.

    The amount of any payment for which a producer is eligible under 
this subtitle shall be reduced by any amount received by the producer 
for the same loss or any similar loss under--
            (1) the Department of Defense, Emergency Supplemental 
        Appropriations to Address Hurricanes in the Gulf of Mexico, and 
        Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat. 
        2680); or
            (2) an agricultural disaster assistance provision contained 
        in the announcement of the Secretary on January 26, 2006.

 Subtitle B--Supplemental Nutrition and Agricultural Economic Disaster 
                               Assistance

SEC. 3021. REPLENISHMENT OF SECTION 32.

    (a) Definition of Specialty Crop.--In this section:
            (1) In general.--The term ``specialty crop'' means any 
        agricultural crop.
            (2) Exception.--The term ``specialty crop'' does not 
        include--
                    (A) wheat;
                    (B) feed grains;
                    (C) oilseeds;
                    (D) cotton;
                    (E) rice; or
                    (F) peanuts.
    (b) Base State Grants.--
            (1) In general.--The Secretary shall use $25,500,000 of 
        funds of the Commodity Credit Corporation to make grants to the 
        several States, the District of Columbia, and the Commonwealth 
        of Puerto Rico to be used to support activities that promote 
        agriculture.
            (2) Amounts.--The amount of the grants shall be--
                    (A) $500,000 to each of the several States; and
                    (B) $250,000 to each of the Commonwealth of Puerto 
                Rico and the District of Columbia.
    (c) Grants for Value of Production.--The Secretary shall use 
$74,500,000 of funds of the Commodity Credit Corporation to make a 
grant to each of the several States in an amount equal to the product 
obtained by multiplying--
            (1) the share of the State of the total value of specialty 
        crop, livestock, and dairy production of the United States for 
        the 2004 crop year, as determined by the Secretary; by
            (2) $74,500,000.
    (d) Special Crop and Livestock Priority.--As a condition on the 
receipt of a grant under this section, a State shall agree to give 
priority to the support of specialty crops and livestock in the use of 
the grant funds.
    (e) Use of Funds.--A State may use funds from a grant awarded under 
this section--
            (1) to supplement State food bank programs or other 
        nutrition assistance programs;
            (2) to promote the purchase, sale, or consumption of 
        agricultural products;
            (3) to provide economic assistance to agricultural 
        producers, giving a priority to the support of specialty crops 
        and livestock; or
            (4) for other purposes as determined by the Secretary.

SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

    The Secretary shall make a supplemental economic loss payment to 
any producer on a farm that received a direct payment for crop year 
2005 under title I of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 7901 et seq.) at a rate equal to the product obtained by 
multiplying--
            (1) 30 percent of the direct payment rate in effect for the 
        program crop of the farmer;
            (2) 85 percent of the program crop base of the farmer; and
            (3) the program payment yield for each program crop of the 
        farmer.

SEC. 3023. REDUCTION IN PAYMENTS.

    The amount of any payment for which a producer is eligible under 
this subtitle shall be reduced by any amount received by the producer 
for the same loss or any similar loss under--
            (1) the Department of Defense, Emergency Supplemental 
        Appropriations to Address Hurricanes in the Gulf of Mexico, and 
        Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat. 
        2680); or
            (2) an agricultural disaster assistance provision contained 
        in the announcement of the Secretary on January 26, 2006.

                          Subtitle C--Forestry

SEC. 3031. TREE ASSISTANCE PROGRAM.

    (a) Definition of Tree.--In this section, the term ``tree'' 
includes a tree (including a Christmas tree, ornamental tree, nursery 
tree, and potted tree), bush (including a shrub), and vine.
    (b) Program.--Except as otherwise provided in this section, the 
Secretary shall use such sums as are necessary of the funds of the 
Commodity Credit Corporation to provide assistance under the tree 
assistance program established under sections 10201 through 10203 of 
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et 
seq.) to--
            (1) producers who suffered tree losses in hurricane-
        affected counties; and
            (2) fruit and tree nut producers in hurricane-affected 
        counties for site preparation, replacement, rehabilitation, and 
        pruning.
    (c) Costs.--Funds made available under this section shall also be 
made available to cover costs associated with tree pruning, tree 
rehabilitation, and other appropriate tree-related activities as 
determined by the Secretary.
    (d) Limit on Amount of Assistance.--The Secretary shall ensure, to 
the maximum extent practicable, that no producer on a farm receives 
duplicative payments under this section and any other Federal program 
for the same loss.

                        Subtitle D--Conservation

SEC. 3041. NATURAL RESOURCES CONSERVATION SERVICE.

    (a) Authority To Clear Debris and Animal Carcasses.--
Notwithstanding any other provision of law, the Secretary, acting 
through the Natural Resources Conservation Service, using funds made 
available for the emergency watershed protection program established 
under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 
2203), 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.
    (b) Authority To Use Certain Practices.--Notwithstanding any other 
provision of law, the Secretary, acting through the Natural Resources 
Conservation Service, may use direct check-writing practices and 
electronic transfers to provide financial and technical assistance 
under the emergency watershed protection program established under 
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) in 
a hurricane-affected county.

SEC. 3042. EMERGENCY WATERSHED PROTECTION PROGRAM.

    The Secretary shall use an additional $108,500,000 of funds of the 
Commodity Credit Corporation to carry out emergency measures identified 
by the Chief of the Natural Resources Conservation Service as of the 
date of enactment of this Act through the emergency watershed 
protection program established under section 403 of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2203).

SEC. 3043. EMERGENCY CONSERVATION PROGRAM.

    The Secretary shall use an additional $17,000,000 of funds of the 
Commodity Credit Corporation to carry out emergency measures identified 
by the Administrator of the Farm Service Agency as of the date of 
enactment of this Act through the emergency conservation program 
established under title IV of the Agricultural Credit Act of 1978 (16 
U.S.C. 2201 et seq.).

                    Subtitle E--Farm Service Agency

SEC. 3051. FUNDING FOR ADDITIONAL PERSONNEL.

    The Secretary shall use $23,000,000 of funds of the Commodity 
Credit Corporation to hire additional County Farm Service Agency 
personnel--
            (1) to expedite the implementation of, and delivery under, 
        the agricultural disaster and economic assistance programs 
        under this title; and
            (2) as the Secretary determines to be necessary to carry 
        out other agriculture and disaster assistance programs.

                       Subtitle F--Miscellaneous

SEC. 3061. AUTHORITY TO PROVIDE IMMUNIZATIONS.

    Notwithstanding any other provision of law, the Secretary of 
Defense may provide immunizations to employees of the Department of 
Agriculture involved in direct recovery work in a hurricane-affected 
county.

SEC. 3062. WAIVER OF CERTAIN PROVISIONS.

    Notwithstanding any other provision of law, the Secretary may 
provide assistance in a hurricane-affected county under the emergency 
conservation program established under title IV of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2201 et seq.) without regard to subtitle 
C of title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et 
seq.).

SEC. 3063. FUNDING.

    The Secretary shall use the funds, facilities, and authorities of 
the Commodity Credit Corporation to carry out this title, to remain 
available until expended.

SEC. 3064. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this title.
    (b) Procedure.--The promulgation of the regulations and 
administration of this title shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.

                   Subtitle G--Emergency Designation

SEC. 3071. EMERGENCY DESIGNATION.

    The amounts provided under this title are designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                                TITLE IV

                      DROUGHT EMERGENCY ASSISTANCE

SEC. 4001. CORPS OF ENGINEERS.

    In addition to any other funds made available by this Act, there is 
appropriated for ``Department of Defense-Civil, Department of the Army, 
Corps of Engineer-Civil, Flood Control and Coastal Emergencies'', as 
authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), 
$5,000,000, to remain available until expended, to be used by the 
Secretary of the Army, acting through the Chief of Engineers, for 
emergency drought assistance.

SEC. 4002. BUREAU OF RECLAMATION.

    In addition to any other funds made available by this Act, there is 
appropriated for ``Department of the Interior, Bureau of Reclamation, 
Water and Related Resources'', $7,500,000, to remain available until 
expended, for drought emergency assistance.

SEC. 4003. EMERGENCY DESIGNATION.

    The amounts provided under this title are designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                                TITLE V

                       PORT SECURITY ENHANCEMENTS

                     CUSTOMS AND BORDER PROTECTION

                         Salaries And Expenses

    For an additional amount for ``Salaries and Expenses'', 
$266,050,000, to remain available until expended.

                       UNITED STATES COAST GUARD

                           Operating Expenses

    For an additional amount for ``Operating Expenses'', $23,000,000, 
to remain available until expended.

                    OFFICE FOR DOMESTIC PREPAREDNESS

                        State and Local Programs

    For an additional amount for ``State and Local Programs'', 
$227,000,000: Provided, That the entire amount shall be for port 
security grants pursuant to the purposes of 46 United States Code 70107 
(a) through (h), which shall be awarded based on risk and threat 
notwithstanding subsection (a), for eligible costs as defined in 
subsections (b)(2)-(4).

                         SCIENCE AND TECHNOLOGY

           Research, Development, Acquisition, and Operations

    For an additional amount for ``Research, Development, Acquisition, 
and Operations'' for the Domestic Nuclear Detection Office, 
$132,000,000, to remain available until expended for the purchase and 
deployment of radiation portal monitors for United States seaports.

                                TITLE VI

                              PANDEMIC FLU

                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 international activities and activities in foreign countries, 
preparedness planning, enhancing the pandemic influenza regulatory 
science base, accelerating pandemic influenza disease surveillance, 
developing registries to monitor influenza vaccine distribution and 
use, supporting pandemic influenza research, clinical trials and 
clinical trials infrastructure, and the development and purchase of 
vaccines, antivirals, and necessary medical supplies, $2,300,000,000, 
to remain available until expended: Provided, That $300,000,000 shall 
be for upgrading State and local capacity, $50,000,000 shall be for 
laboratory capacity and research at the Centers for Disease Control and 
Prevention, $5,000,000 shall be for the Smithsonian Institution to 
carry out domestic disease surveillance, and at least $200,000,000 
shall be for the Centers for Disease Control and Prevention to carry 
out global and domestic disease surveillance, laboratory capacity and 
research, laboratory diagnostics, risk communication, rapid response 
and quarantine: Provided further, That products purchased with these 
funds may, at the discretion of the Secretary, be deposited in the 
Strategic National Stockpile: Provided further, That notwithstanding 
section 496(b) of the Public Health Service Act, funds may be used for 
the construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccines and other biologicals, where 
the Secretary finds such a contract necessary to secure sufficient 
supplies of such vaccines or biologicals: Provided further, That the 
Secretary may negotiate a contract with a vendor under which a State 
may place an order with the vendor for antivirals; may reimburse a 
State for a portion of the price paid by the State pursuant to such an 
order; and may use amounts made available herein for such 
reimbursement: Provided further, That funds appropriated herein and not 
specifically designated under this heading may be transferred to other 
appropriation accounts of the Department of Health and Human Services, 
as determined by the Secretary to be appropriate, to be used for the 
purposes specified in this sentence: Provided further, That the amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

       funding for pandemic influenza vaccine injury compensation

    Sec. 6001. For an additional amount to the ``Public Health and 
Social Services Emergency Fund'' to compensate individuals harmed by 
pandemic influenza vaccines, $289,000,000: Provided, That the amounts 
provided for under this section shall be designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).

                       TITLE VII--BORDER SECURITY

       EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR BORDER SECURITY

                    Department of Homeland Security

            office of the secretary and executive management

    For an additional amount for the ``Office of the Secretary and 
Executive Management'' to provide funds for the Office of Policy, 
$2,000,000: Provided, That the entire amount is solely for a contract 
with an independent non-Federal entity to conduct a needs assessment 
for comprehensive border security: Provided further, That the entire 
amount is designated as 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 chief information officer

    For an additional amount for the ``Office of the Chief Information 
Officer'' to replace and upgrade law enforcement communications, 
$50,000,000, to remain available until expended: Provided, That the 
entire amount is designated as 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 visitor and immigration status indicator technology

    For an additional amount for ``United States Visitor and 
Immigration Status Indicator Technology'' to accelerate biometric 
database integration and conversion to 10-print enrollment, 
$60,000,000, to remain available until expended: Provided, That none of 
the additional appropriations made available under this heading may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for the expenditure 
of such funds: Provided further, That the entire amount is designated 
as an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                     Customs and Border Protection

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$180,000,000, of which $80,000,000 is for border patrol vehicle 
replacement and $100,000,000 is for sensor and surveillance technology: 
Provided, That none of the additional appropriations made available 
under this heading may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure of these funds: Provided further, 
That the entire amount is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

 air and marine interdiction, operations, maintenance, and procurement

    For an additional amount for ``Air and Marine Interdiction, 
Operations, Maintenance, and Procurement'' to replace air assets and 
upgrade air operations facilities, $790,000,000, to remain available 
until expended, of which $40,000,000 is for helicopter replacement and 
$750,000,000 is for recapitalization of air assets: Provided, That none 
of the additional appropriations made available under this heading may 
be obligated until the Committees on Appropriations of the Senate and 
the House of Representatives receive and approve an expenditure plan 
for the complete recapitalization of Customs and Border Protection air 
assets and facilities: Provided further, That the entire amount is 
designated as 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'', $120,000,000, to 
remain available until expended: Provided, That none of the additional 
appropriations made available under this heading may be obligated until 
the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure for these 
funds: Provided further, That the entire amount is designated as 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 replace 
vehicles, $80,000,000: Provided, That the entire amount is designated 
as 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

               acquisition, construction and improvements

    For an additional amount for ``Acquisition, Construction, and 
Improvements'' for acquisition, construction, renovation, and 
improvement of vessels, aircraft, and equipment, $600,000,000, to 
remain available until expended: Provided, That the entire amount is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                Federal Law Enforcement Training Center

     acquisition, construction, improvements, and related expenses

    For an additional amount for ``Acquisition, Construction, 
Improvements, and Related Expenses'' for construction of the language 
training facility referenced in the Master Plan and information 
technology infrastructure improvements, $18,000,000, to remain 
available until expended: Provided, That the entire amount is 
designated as 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 TITLE

                          reduction in funding

    Sec. 7001. The aggregate amount provided by chapter 3 of title I of 
this Act and chapter 3 of title II of this Act may not exceed 
$67,062,188,000.

                       TITLE VIII--OTHER MATTERS

                           LEGISLATIVE BRANCH

                        ARCHITECT OF THE CAPITOL

                          Capitol Power Plant

    For an additional amount for ``Capitol Power Plant'', $27,600,000, 
to remain available until September 30, 2011: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                        noaa payment limitation

    Sec. 8001. Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available in title II, chapter 
2 of this Act, for the National Oceanic and Atmospheric Administration 
under the heading ``Operations, Research, and Facilities'' may be 
available for the National Marine Fisheries Service to implement 
seafood promotion strategies, and the amount made available under such 
heading is reduced by $15,000,000.

                                TITLE IX

              GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

                         availability of funds

    Sec. 9001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

                       office of justice programs

               state and local law enforcement assistance

                        administrative provision

    Sec. 9002. Of the amount made available by the Department of 
Justice Appropriations Act, 2006 under the heading ``Community Oriented 
Policing Services'' (Public Law 109-108, 199 Stat. 2302), for Paul 
Coverdell Forensic Sciences Improvement Grants under part BB of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3797 et seq.), $1,500,000 shall be available to the Attorney General, 
without regard to such part BB, for the study on forensic science 
described in House Report 109-272 to accompany Public Law 109-108.

             national aeronautics and space administration

                  science, aeronautics and exploration

                        administrative provision

    Sec. 9003. The referenced statement of the managers in House Report 
109-272, Making Appropriations for Science, the Departments of State, 
Justice, and Commerce, and Related Agencies for the Fiscal Year Ending 
September 30, 2006, and for other purposes, under this heading is 
deemed to be amended with respect to amounts made available under the 
heading ``Science, Aeronautics and Exploration'' for the Mitchell 
Institute by striking ``educational purposes'' and inserting ``the 
science and engineering education endowment''.

                     small business administration

                        administrative provision

    Sec. 9004. Section 613 of the Science, State, Justice, Commerce, 
and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 
Stat. 2338) is amended by striking ``Clark County Department of 
Aviation, Las Vegas,'' and inserting ``University of Nevada Las 
Vegas,''.

                        intelligence activities

    Sec. 9005. Funds appropriated in this Act, or made available by the 
transfer of funds in or pursuant to this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).

                 office of economic adjustment--defense

    Sec. 9006. Sec. 8044 of Public Law 109-148 (119 Stat. 2708) is 
amended as follows: After ``Defense,'' and before ``acting'' insert, 
``notwithstanding any other provision of law,''.

         investigations, louisiana hurricane study cost sharing

    Sec. 9007. The $12,000,000 provided in division B, chapter 3 of 
title I, Investigations, of Public Law 109-148 (119 Stat. 2761) for the 
Louisiana hurricane protection study shall be at full Federal expense.

                   mississippi rivers and tributaries

    Sec. 9008. Chapter 3, under division B of title I of Public Law 
109-148 (119 Stat. 2762) under the heading ``Flood Control, Mississippi 
River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, 
Mississippi, Missouri, and Tennessee'' is modified by inserting the 
following before the period: ``: Provided further, That the Corps is 
directed to expedite and accelerate completion of any study or any 
unconstructed portion of the Mississippi River and Tributaries project 
for the flood and storm damage reduction projects in the south 
Louisiana area'': Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                     mississippi river-gulf outlet

    Sec. 9009. Chapter 3, under division B of title I of Public Law 
109-148 (119 Stat. 2762) under the heading ``Operations and 
Maintenance'' is modified by inserting the following before the last 
proviso: ``: Provided further, That $75,000,000 of the funds provided 
herein shall be used for the repair, construction or provision of 
measures or structures necessary to protect, restore or increase 
wetlands, to prevent saltwater intrusion or storm surge'': Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                            shore protection

    Sec. 9010. Section 227 of Public Law 104-303 is modified as 
follows:
            (1) Section 5(a) is amended by striking ``6'', and 
        inserting ``7'' in lieu thereof.
            (2) Section 5(e)(2) is amended by striking ``$21,000,000'', 
        and inserting ``$25,000,000'' in lieu thereof.

        reclamation states emergency drought relief act of 1991

    Sec. 9011. (a) Section 104(c) of the Reclamation States Emergency 
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking 
``September 30, 2005'' and inserting ``September 30, 2010'' in lieu 
thereof.
    (b) Section 301 of the Reclamation States Emergency Drought Relief 
Act of 1991 (43 U.S.C. 2241) is amended by striking ``fiscal years 
1992, 1993, 1994, 1995, 1996, 1999, 2000, 2001, 2002, 2003, and 2004'' 
and inserting ``the period of fiscal years 2006 through 2010'' in lieu 
thereof.

                         reprogramming of funds

    Sec. 9012. None of the funds made available before, on, or after 
the date of enactment of this Act in an appropriations Act may be 
expended to prevent or limit any reprogramming of funds for a project 
to be carried out by the Corps of Engineers using funds appropriated in 
any Act making appropriations for energy and water development, based 
on whether the project was included by the President in the budget 
transmitted under section 1105(a) of title 31, United States Code, or 
is otherwise proposed by the President or considered part of the budget 
by the Office of Management and Budget, if the project received funds 
in an Act making appropriations for energy and water development or any 
other appropriations Act making additional funds available for energy 
and water development.

                       bonneville power authority

    Sec. 9013. None of the funds made available under this or any other 
Act shall be used during fiscal year 2006 or previous to April 1, 2007 
to make, or plan or prepare to make, any payment on bonds issued by the 
Administrator of the Bonneville Power Administration (referred in this 
section as the ``Administrator'') or for an appropriated Federal 
Columbia River Power System investment, if the payment is both--
            (1) greater, during any fiscal year, than the payments 
        calculated in the rate hearing of the Administrator to be made 
        during that fiscal year using the repayment method used to 
        establish the rates of the Administrator as in effect on 
        February 6, 2006; and
            (2) based or conditioned on the actual or expected net 
        secondary power sales receipts of the Administrator.

                    department of homeland security

                    (including rescission of funds)

    Sec. 9014. (a) Rescission.--Of the funds available for ``Screening 
Coordination and Operations'', $3,960,000 are rescinded.
    (b) Supplemental Appropriations.--For an additional amount for the 
``Office of the Secretary and Executive Management'', $3,960,000.

           department of the interior--u.s. geological survey

    Sec. 9015. For an additional amount for ``Department of the 
Interior, United States Geological Survey, Surveys, Investigations, and 
Research'', $500,000, to remain available until expended, for 
assistance with assessments of critical reservoirs and dams, including 
the monitoring of dam structures: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

               surface mining control and reclamation act

    Sec. 9016. Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
``June 30, 2006'' and inserting ``September 30, 2007''.

                department of labor--office of job corps

    Sec. 9017. Notwithstanding section 102 of the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2006 (Public Law 109-149), none of the funds made 
available under this Act or under the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2006, shall be expended for any activity that--
            (1) is related to carrying out Order 09-2006 of the 
        Secretary of Labor; or
            (2) transfers the Office of Job Corps but does not 
        establish the Office of Job Corps as a single office within the 
        Office of the Secretary that retains all staff, functions and 
        authorities related to carrying out subtitle C of title I of 
        the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.).

                    department of labor--mine safety

    Sec. 9018. For an additional amount for ``Department of Labor, Mine 
Safety and Health Administration, Salaries and Expenses'', $25,600,000 
for the inspection of coal mines: Provided, That progress reports on 
hiring shall be submitted to the House and Senate Committees on 
Appropriations on a quarterly basis, with the first report due June 15, 
2006: Provided further, That the amounts provided under this heading 
shall remain available until September 30, 2007: Provided further, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2006.

                centers for disease control--mine safety

    Sec. 9019. For an additional amount for ``Department of Health and 
Human Services, Centers for Disease Control and Prevention, Disease 
Control, Research and Training'', to carry out section 501 of the 
Federal Mine Safety and Health Act of 1977, $10,000,000 for research to 
develop mine safety technology including grants and contracts: 
Provided, That progress reports on technology development shall be 
submitted to the House and Senate Committees on Appropriations on a 
quarterly basis, with the first report due June 15, 2006: Provided 
further, That the amounts provided under this heading shall remain 
available until September 30, 2007: Provided further, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006: Provided 
further, That unexpended balances for Health Resources and Services 
Administration grant number 7C6HF03601-01-00, appropriated in Public 
Law 106-554, shall remain available until expended.

                       railroad retirement board

    Sec. 9020. Public Law 109-149 (119 Stat. 2876) under the heading 
``Railroad Retirement Board, Dual Benefits Payments Account'' is 
amended by striking ``proportional to the amount by which the product 
of recipients and the average benefit received exceeds $97,000,000'' 
and inserting ``to the amount by which the product of recipients and 
the average benefit received exceeds the amount available for payment 
of vested dual benefits'' in lieu thereof.

                 head start regulations effective date

    Sec. 9021. Section 224 of Public Law 109-149 (119 Stat. 2862) is 
amended by striking ``June'' and inserting ``December'' in lieu 
thereof.

                 employment and training administration

    Sec. 9022. None of the funds appropriated in Public Law 109-149 
under the heading Employment and Training Administration shall be used 
to pay the compensation of an individual, either as direct costs or any 
proration as an indirect cost, at a rate in excess of Executive Level 
II. Where Employment and Training Administration funds appropriated in 
Public Law 109-149 are used for compensation of an individual, the 
total Federal funding that may go to compensation of that individual 
shall not exceed a rate in excess of Executive Level II. States may 
establish a lower limit of total compensation for those receiving 
compensation from Employment and Training Administration funding 
employed in that State, taking into account factors including the 
relative cost-of-living in the State, the compensation levels for 
comparable State or local government employees, and the size of the 
organizations that administer Federal programs involved including 
Employment and Training Administration programs.

                         military construction

                             authorization

    Sec. 9023. Section 2401 of the Military Construction Authorization 
Act for Fiscal Year 2006 (Public Law 109-163) is amended by striking 
after ``Augusta'', ``$61,466,000'' and inserting in lieu thereof 
``$340,854,000''. This project may be incrementally funded. Funds 
appropriated in Public Law 109-114 for this project shall be available 
to fund the first increment.

                         military construction

                             authorization

    Sec. 9024. Section 2401 of the Military Construction Authorization 
Act for Fiscal Year 2006 (Public Law 109-163) is amended by striking 
after ``Kunia'', ``$305,000,000'' and inserting in lieu thereof 
``$350,490,000''. The project may be incrementally funded. Funds 
appropriated in Public Laws 108-7, 108-87, and 109-114 for this project 
shall be available to fund the first increment.

                         military construction

                             authorization

    Sec. 9025. Section 2846 of the Military Construction Authorization 
Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 
1320), as amended by section 2865 of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 118 Stat. 2149) is further amended by striking ``840 acres'' and 
inserting ``1,540 acres''.

                        detail authority for dot

    Sec. 9026. Section 171 of Public Law 109-115 (119 Stat. 2426) is 
amended by inserting before the period at the end of the following ``: 
Provided, That the Department's Office of Intelligence, Security, and 
Emergency Response may assess and enter into reimbursable agreements 
with the modal administrations for services necessary to carry out 
emergency preparedness or emergency response activities, as determined 
by the Secretary of Transportation: Provided further, That 
notwithstanding any other provision of law, the Secretary is authorized 
to detail modal administration employees to the Office of Intelligence, 
Security, and Emergency Response without reimbursement and for fixed 
periods of time, as determined by the Secretary, only insofar as 
necessary to carry out emergency preparedness or emergency response 
activities: Provided further, That the Department shall transmit to the 
Committees on Appropriations of the Senate and of the House of 
Representatives a quarterly report that provides information describing 
any reimbursable agreements or personnel details carried out in 
accordance with this section''.

                        emergency highway funds

    Sec. 9027. Under the heading ``Department of Transportation, 
Federal Highway Administration, Emergency Relief Program'' in Public 
Law 109-148 (119 Stat. 2778), strike ``$629,000,000'' and insert 
``$803,000,000''.

              limitation on certain transportation actions

    Sec. 9028. None of the funds made available by this or any other 
Act may be used to issue or implement a decision on the Notice of 
Proposed Rulemaking (70 Fed. Reg. 67389) that proposes to change the 
Department's long-standing interpretation of ``actual control'' of an 
airline for purposes of section 40102(a)(15) of title 49, United States 
Code, issue any final rule, or make any fitness determination under 
section 41102 of that title that would change the Department of 
Transportation's long-standing interpretation concerning what 
constitutes ``actual control'' of an airline for purposes of section 
40102(a)(15) of such title, or to submit a final rule to the Congress 
under chapter 8 of title 5, United States Code, that would change that 
interpretation.

          doj and treasury funding for intelligence activities

    Sec. 9029. (a) Funds appropriated for intelligence activities, or 
made available by the transfer of funds, by this Act, by Public Law 
109-108 for the Department of Justice, or by Public Law 109-115 for the 
Department of the Treasury, are deemed to be specifically authorized by 
the Congress for purposes of section 504 of the National Security Act 
of 1947, as amended, (50 U.S.C. 414) during fiscal year 2006 until the 
enactment of the Intelligence Authorization Act for Fiscal Year 2006.
    (b) Subsection (a) shall be effective:
            (1) with respect to funds appropriated, or made available 
        by the transfer of funds, by this Act, upon the enactment of 
        this Act;
            (2) with respect to funds appropriated, or made available 
        by the transfer of funds, by Public Law 109-108 for the 
        Department of Justice, as if enacted on the date of enactment 
        of Public Law 109-108; and
            (3) with respect to funds appropriated, or made available 
        by the transfer of funds, by Public Law 109-115 for the 
        Department of the Treasury, as if enacted on the date of 
        enactment of Public Law 109-115.

                      funding for treasury travel

    Sec. 9030. The first sentence under the heading ``Department of the 
Treasury, Departmental Offices, Salaries and Expenses'' in title II of 
division A of Public Law 109-115 (119 Stat. 2432) is amended by 
inserting after ``travel expenses'' the words ``(except for travel 
performed by officials in the Office of Terrorism and Financial 
Intelligence and the Office of International Affairs)''.

              economic development initiatives corrections

    Sec. 9031. (a) The referenced statement of the managers under the 
heading ``Community Development Fund'' in Public Law 108-199 is amended 
with respect to item number 380 by striking ``for construction of a new 
facility'' and inserting ``to upgrade an existing facility''.
    (b) The referenced statement of the managers under the heading 
``Community Development Fund'' in Public Law 108-199 is amended with 
respect to item number 188 by striking ``for the renovation of the 
historic Coca-Cola building'' and inserting ``for the construction or 
development of a driver's license facility''.
    (c) The referenced statement of the managers under the heading 
``Community Development Fund'' in Public Law 109-115 is amended with 
respect to item number 532 by striking ``Mark Twain Neighborhood 
Association'' and inserting ``Mark Twain Community Alliance''.

                        gsa transfer of property

    Sec. 9032. Notwithstanding any other provision of law, the 
Administrator of General Services may convey, without consideration 
ownership and jurisdiction (custody, accountability and control) to the 
City of Crosby, North Dakota real property as described: Lots 9, 10, 
11, 12, 13, and 14, Eastlawn Addition to Crosby, Divide County, North 
Dakota.

     satellite alert facility, cape canaveral air station, florida

    Sec. 9033. The amount appropriated by the Military Quality of Life 
and Veterans Affairs Appropriations Act, 2006 (Public Law 109-114) for 
the Air Force for military construction that remains available for the 
Satellite Processing Operations Support Facility at Cape Canaveral Air 
Station, Florida, shall be made available instead solely for the 
Satellite Alert Facility at Cape Canaveral Air Station, Florida.

  comprehensive review on procedures of the department of defense on 
                            mortuary affairs

    Sec. 9034. (a) Report.--As soon as practicable after the completion 
of the comprehensive review of the procedures of the Department of 
Defense on mortuary affairs, the Secretary of Defense shall submit to 
the congressional defense committees a report on the review.
    (b) Additional Elements.--In conducting the comprehensive review 
described in subsection (a), the Secretary shall also address, in 
addition to any other matters covered by the review, the following:
            (1) The utilization of additional or increased 
        refrigeration (including icing) in combat theaters in order to 
        enhance preservation of remains.
            (2) The relocation of refrigeration assets further forward 
        in the field.
            (3) Specific time standards for the movement of remains 
        from combat units.
            (4) The forward location of autopsy and embalming 
        operations.
            (5) Any other matters that the Secretary considers 
        appropriate in order to speed the return of remains to the 
        United States in a non-decomposed state.
    (c) Additional Element of Policy on Casualty Assistance to 
Survivors of Military Decedents.--Section 562(b) of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3267; 10 U.S.C. 1475 note) is amended by adding at the end the 
following new paragraph:
            ``(12) The process by which the Department of Defense, upon 
        request, briefs survivors of military decedents on the cause 
        of, and any investigation into, the death of such military 
        decedents and on the disposition and transportation of the 
        remains of such decedents, which process shall--
                    ``(A) provide for the provision of such briefings 
                by fully qualified Department personnel;
                    ``(B) ensure briefings take place as soon as 
                possible after death and updates are provided in a 
                timely manner when new information becomes available;
                    ``(C) ensure that--
                            ``(i) such briefings and updates relate the 
                        most complete and accurate information 
                        available at the time of such briefings or 
                        updates, as the case may be; and
                            ``(ii) incomplete or unverified information 
                        is identified as such during the course of such 
                        briefings or updates; and
                    ``(D) include procedures by which such survivors 
                shall, upon request, receive updates or supplemental 
                information on such briefings or updates from qualified 
                Department personnel.''.

                              segal award

    Sec. 9035. Any national service educational award described in 
subtitle D of title I of the National and Community Service Act of 1990 
(42 U.S.C. 12601 et seq.), made with funds appropriated to, funds 
transferred to, or interest accumulated in the National Service Trust, 
shall be known as a ``Segal award''.

                    environmental protection agency

    Sec. 9036. For an additional amount for ``Environmental Programs 
and Management'', $1,000,000, to remain available until expended, for 
assistance relating to assessments and monitoring of waters in the 
State of Hawaii; Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                  rickenbacker airport, columbus, ohio

    Sec. 9037. The project numbered 4651 in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (119 Stat. 1434) is amended by striking ``Grading, paving'' 
and all that follows through ``Airport'' and inserting ``Grading, 
paving, roads, and the transfer of rail-to-truck for the intermodal 
facility at Rickenbacker Airport, Columbus, Ohio''.

                      fox point hurricane barrier

    Sec. 9038. The Secretary of the Army, acting through the Chief of 
Engineers, for use in upgrading the electro-mechanical control system 
of the Fox Point hurricane barrier in Providence, Rhode Island, 
$1,055,000, to remain available until expended, from within available 
funds of ``Operations and Maintenance'' under the heading ``Corps of 
Engineers--Civil'' of title I of the Energy and Water Development Act, 
2006 (Public Law 109-103).

         fox point hurricane barrier, providence, rhode island

    Sec. 9039. (a) In this section:
            (1) The term ``Barrier'' means the Fox Point Hurricane 
        Barrier, Providence, Rhode Island.
            (2) The term ``City'' means the city of Providence, Rhode 
        Island.
            (3) The term ``Secretary'' means the Secretary of the Army, 
        acting through the Chief of Engineers.
    (b) Not later than 2 years after the date of enactment of this Act, 
the Secretary shall assume responsibility for the annual operation and 
maintenance of the Barrier.
    (c)(1) The City, in coordination with the Secretary, shall identify 
any land and structures required for the continued operation and 
maintenance, repair, replacement, rehabilitation, and structural 
integrity of the Barrier.
    (2) The City shall convey to the Secretary, by quitclaim deed and 
without consideration, all rights, title, and interests of the City in 
and to the land and structures identified under paragraph (1).
    (d) There are authorized to be appropriated to the Secretary such 
funds as are necessary for each fiscal year to operate and maintain the 
Barrier (including repair, replacement, and rehabilitation).

                           contract authority

    Sec. 9040. (a) Section 1940 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (Public Law 
109-59; 119 Stat. 1511) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively; and
                    (C) by striking ``$10,000,000'' each place that it 
                appears and inserting ``$12,500,000''; and
            (2) by adding at the end the following:
    ``(c) Contract Authority.--Except as otherwise provided in this 
section, funds authorized to be appropriated under this section shall 
be available for obligation in the same manner as if the funds were 
apportioned under chapter 1 of title 23, United States Code.''.
    (b) Of the unobligated balances of funds apportioned to each State 
under chapter 1 of title 23, United States Code, $50,000,000 is 
rescinded.

                       sign repair or replacement

    Sec. 9041. Notwithstanding part 750 of title 23, Code of Federal 
Regulations (or a successor regulation), if permitted by State law, a 
nonconforming sign that is or has been damaged, destroyed, abandoned, 
or discontinued as a result of a hurricane that is determined to be an 
act of God (as defined by State law) may be repaired, replaced, or 
reconstructed if the replacement sign has the same dimensions as the 
original sign, and said sign is located within a State found within 
Federal Emergency Management Agency Region IV or VI. The provisions of 
this section shall cease to be in effect thirty-six months following 
the date of enactment of this Act.

    chicago sanitary and ship canal demonstration barrier, illinois

    Sec. 9042. (a) In General.--Of the unobligated balances available 
for ``Operation and Maintenance'' under the heading ``Corps of 
Engineers--Civil'' of title I of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2250), $400,000 
shall be made available for fiscal year 2006 for the maintenance of the 
Chicago Sanitary and Ship Canal Demonstration Barrier, Illinois, which 
was constructed under section 1202(i)(3) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(i)(3)).
    This Act may be cited as the ``Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006''.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                               H. R. 4939

_______________________________________________________________________

                               AMENDMENT