[Congressional Record Volume 152, Number 46 (Tuesday, April 25, 2006)]
[Senate]
[Pages S3444-S3476]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2006
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of H.R. 4939, for debate only, until 2:15 p.m.
The clerk will state the bill by title.
The bill clerk read as follows:
A bill (H.R. 4939), making emergency supplemental
appropriations for the fiscal year ending September 30, 2006,
and for other purposes.
The Senate proceeded to consider the bill, which was reported by the
Committee on Appropriations, with an amendment.
[Omit the part shown in black brackets and insert the part shown in
italic.]
H.R. 4939
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2006, and for other purposes,
namely:
[TITLE I--GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS
[CHAPTER 1
[DEPARTMENT OF AGRICULTURE
[FOREIGN AGRICULTURAL SERVICE
[Public Law 480 Title II Grants
[For an additional expenses 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 the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[CHAPTER 2
[DEPARTMENT OF DEFENSE
[DEPARTMENT OF DEFENSE--MILITARY
[MILITARY PERSONNEL
[Military Personnel, Army
[For an additional amount for ``Military Personnel, Army'',
$6,506,223,000: 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'',
$1,061,724,000: 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'', $834,122,000: 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'', $1,145,363,000: 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'',
$166,070,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[Reserve Personnel, Navy
[For an additional amount for ``Reserve Personnel, Navy'',
$110,412,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[Reserve Personnel, Marine Corps
[For an additional amount for ``Reserve Personnel, Marine
Corps'', $10,327,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[Reserve Personnel, Air Force
[For an additional amount for ``Reserve Personnel, Air
Force'', $1,940,000: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[National Guard Personnel, Army
[For an additional amount for ``National Guard Personnel,
Army'', $96,000,000: 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.
[National Guard Personnel, Air Force
[For an additional amount for ``National Guard Personnel,
Air Force'', $1,200,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[OPERATION AND MAINTENANCE
[Operation and Maintenance, Army
[For an additional amount for ``Operation and Maintenance,
Army'', $18,380,310,000: 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
[(including transfer of funds)
[For an additional amount for ``Operation and Maintenance,
Navy'', $2,793,600,000: Provided, That up to $75,020,000
shall be available for the Department of Homeland Security,
``United States Coast Guard, Operating Expenses'': Provided
further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Operation and Maintenance, Marine Corps
[For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,722,911,000: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
[Operation and Maintenance, Air Force
[For an additional amount for ``Operation and Maintenance,
Air Force'', $5,328,869,000: 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
[For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $3,259,929,000, 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 $10,000,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of Defense, and payments may be
made on his certificate of necessity for confidential
military purposes;
[(3) not to exceed $1,200,000,000 to remain available until
expended, may be used for payments to reimburse Pakistan,
Jordan, and other key cooperating nations, for logistical,
military, and other support provided, or to be provided, to
United States military operations, notwithstanding any other
provision of law: Provided, That such payments may be made in
such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately account
for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph; and
[(4) not to exceed $44,500,000 for Cooperative Threat
Reduction:
[Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[Operation and Maintenance, Army Reserve
[For an additional amount for ``Operation and Maintenance,
Army Reserve'', $100,100,000: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
[Operation and Maintenance, Navy Reserve
[For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $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.
[[Page S3445]]
[Operation and Maintenance, Marine Corps Reserve
[For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $55,675,000: 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'',
$1,851,833,000, to remain available until September 30, 2007:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Commander, Office of Security
Cooperation--Afghanistan, or the Secretary's designee, to
provide assistance, with the concurrence of the Secretary of
State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That the Secretary of
Defense may transfer such funds to appropriations for
military personnel; operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purposes provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government,
or international organization may be credited to this Fund,
and used for such purposes: Provided further, That the
Secretary shall notify the congressional defense committees
in writing upon the receipt and upon the transfer of any
contribution delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than
five days prior to making transfers from this appropriation
account, notify the congressional defense committees in
writing of the details of any such transfer: Provided
further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of
the transfer of funds from this appropriation: Provided
further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Iraq Security Forces Fund
[(INCLUDING TRANSFER OF FUNDS)
[For the ``Iraq Security Forces Fund'', $3,007,000,000, to
remain available until September 30, 2007: Provided, That
such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose
of allowing the Commander, Multi-National Security Transition
Command--Iraq, or the Secretary's designee, to provide
assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq, including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such
funds to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purposes
provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That upon a determination that all or part of the funds so
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That
contributions of funds for the purposes provided herein from
any person, foreign government, or international organization
may be credited to this Fund, and used for such purposes:
Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt
and upon the transfer of any contribution delineating the
sources and amounts of the funds received and the specific
use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than five days prior to
making transfers from this appropriation account, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[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'', $1,983,351,000, 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, 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'',
$7,528,657,000, 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'', $293,980,000, 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'', $90,800,000, 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'', $330,996,000, 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'',
$111,719,000, 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'', $3,260,582,000, to remain available until September
30, 2008: Provided, That the amount provided under this
[[Page S3446]]
heading is designated as 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'', $663,595,000, 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'', $1,489,192,000, 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'', $424,177,000, 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'', $126,845,000, 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'', $305,110,000, 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'', $145,921,000, 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'', $502,700,000: 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 (reduced by $20,000,000) (increased by
$20,000,000) for operation and maintenance: Provided, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[Drug Interdiction and Counter-Drug Activities, Defense
[(INCLUDING TRANSFER OF FUNDS)
[For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $156,800,000, 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'', $6,120,000, to remain available until September
30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[RELATED AGENCIES
[Intelligence Community Management Account
[For an additional amount for the ``Intelligence Community
Management Account'', $158,875,000: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
[GENERAL PROVISIONS--THIS CHAPTER
[(TRANSFER OF FUNDS)
[Sec. 1201. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $2,000,000,000 of
the funds made available to the Department of Defense in this
chapter: Provided, That the Secretary shall notify the
Congress promptly of each transfer made pursuant to this
authority: Provided further, That the transfer authority
provided in this section is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the authority in this section is subject to the
same terms and conditions as the authority provided in
section 8005 of the Department of Defense Appropriations Act,
2006, except for the fourth proviso.
[Sec. 1202. (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 $40,000,000 may be made available for support for
counter-drug activities of the Governments of Afghanistan and
Pakistan: Provided, That such support shall be in addition to
support provided for the counter-drug activities of such
Governments under any other provision of the law.
[(b) Types of Support.--(1) Except as specified in
subsections (b)(2) and (b)(3) of this section, the support
that may be provided under the authority in this section
shall be limited to the types of support specified in section
1033(c)(1) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85, as amended by Public Law
106-398 and Public Law 108-136), and conditions on the
provision of support as contained in such 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 such Governments for counter-drug activities.
[(3) For the Government of Afghanistan, the Secretary of
Defense may also provide individual and crew-served weapons,
and ammunition for counter-drug security forces.
[Sec. 1203. 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 $1,500,000,000: Provided, That the
amounts made available pursuant to this section are
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Sec. 1204. In addition to amounts authorized in section
1202(a) of Public Law 109-163, from funds made available in
this chapter to the Department of Defense, not to exceed
$423,000,000 may be used to fund the Commander's Emergency
Response Program and for a similar program to assist the
people of Afghanistan, to remain available until December 31,
2007.
[Sec. 1205. Supervision and administration costs associated
with a construction project funded with ``Afghanistan
Security Forces Fund'' or ``Iraq Security Forces Fund''
appropriations may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
[Sec. 1206. 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.
[[Page S3447]]
[CHAPTER 3
[BILATERAL ECONOMIC ASSISTANCE
[Funds Appropriated to the President
[UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
[CHILD SURVIVAL AND HEALTH PROGRAMS FUND
[For an additional amount for ``Child Survival and Health
Programs Fund'', $5,300,000, 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'',
$10,500,000, 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.
[INTERNATIONAL DISASTER FAMINE ASSISTANCE
[For an additional amount for ``International Disaster and
Famine Assistance'', $136,290,000, to remain 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.
[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'',
$61,600,000, 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
[For an additional amount for ``Economic Support Fund'',
$1,584,500,000 (reduced by $10,000,000) (increased by
$10,000,000), 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
[DEMOCRACY FUND
[For an additional amount for ``Democracy Fund'',
$10,000,000 for the advancement of democracy in Iran, 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.
[INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[For an additional amount for ``International Narcotics
Control and Law Enforcement'', $107,700,000 (reduced by
$26,300,000) (increased by $26,300,000), 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.
[MIGRATION AND REFUGEE ASSISTANCE
[For an additional amount for ``Migration and Refugee
Assistance'', $51,200,000, 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.
[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'',
$123,000,000 (increased by $50,000,000), to remain available
until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[GENERAL PROVISIONS--THIS CHAPTER
[(including transfer and rescission of funds)
[Sec. 1301. Funds appropriated or made available by
transfer in this chapter may be obligated and expended
notwithstanding section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236).
[Sec. 1302. Of the funds made available under the heading
``Iraq Relief and Reconstruction Fund'' in chapter 2 of title
II of Public Law 108-106, $185,500,000 is hereby transferred
to and merged with the appropriation for ``Economic Support
Fund'' contained in this Act: 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.
[(rescission of funds)
[Sec. 1303. Of the funds made available for Coalition
Solidarity Initiative under the heading ``Peacekeeping
Operations'' in chapter 2 of title II of division A of Public
Law 109-13, $17,000,000 is rescinded.
[Sec. 1304. Notwithstanding any other provision of law,
amounts under the heading ``Iraq Relief and Reconstruction
Fund'' in title II of Public Law 108-106 shall remain
available for one additional year from the date on which the
availability of funds would otherwise have expired, if such
funds are initially obligated before the expiration of the
period of availability provided herein: Provided, That,
notwithstanding section 2207(d) of Public Law 108-106,
requirements of section 2207 of Public Law 108-106 shall
expire on October 1, 2008.
[CHAPTER 4
[DEPARTMENT OF HOMELAND SECURITY
[United States Coast Guard
[OPERATING EXPENSES
[For an additional amount for ``Operating Expenses'',
$26,692,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[CHAPTER 5
[DEPARTMENT OF DEFENSE
[MILITARY CONSTRUCTION
[Military Construction, Army
[For an additional amount for ``Military Construction,
Army'', $287,100,000, to remain available until September 30,
2007: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006: Provided further, That none of the
funds provided under this heading may be obligated or
expended until after that date on which the Secretary of
Defense submits an updated master plan for overseas military
infrastructure to the Committees on Appropriations of the
House of Representatives and Senate: Provided further, That,
subject to the preceding proviso, $60,000,000 of the funds
provided under this heading may not be obligated or expended
until after that date on which the Secretary of Defense
submits a detailed plan for Counter IED/Urban Bypass Roads,
Iraq, to the Committees on Appropriations of the House of
Representatives and Senate.
[Military Construction, Air Force
[For an additional amount for ``Military Construction, Air
Force'', $35,600,000, to remain available until September 30,
2007: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006: Provided further, That none of the
funds provided under this heading may be obligated or
expended until after that date on which the Secretary of
Defense submits an updated master plan for overseas military
infrastructure to the Committees on Appropriations of the
House of Representatives and Senate.
[GENERAL PROVISION--THIS CHAPTER
[Sec. 1501. The matter under the heading ``Veterans Health
Administration--Medical Services'' in chapter 7 of title I of
division B of Public Law 109-148 is amended by inserting
after ``calendar year 2005'' the following: ``and for
unanticipated costs related to the Global War on Terror'':
Provided, That 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.
[CHAPTER 6
[DEPARTMENT OF JUSTICE
[Legal Activities
[SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
[For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $3,000,000: Provided, That the
amount provided under this heading is designated as 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'',
$99,000,000, to remain available until September 30, 2007:
Provided, That no funding provided in this Act shall be
available for obligation for a new or enhanced information
technology program unless the Deputy Attorney General and the
investment review board certify to the Committees on
Appropriations that the information technology program has
appropriate
[[Page S3448]]
program management and contractor oversight mechanisms in
place, and that the program is compatible with the enterprise
architecture of the Department of Justice and Federal Bureau
of Investigation: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[Drug Enforcement Administration
[SALARIES AND EXPENSES
[For an additional amount for ``Salaries and Expenses'',
$5,000,000 (increased by $9,200,000), to remain available
until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[Bureau of Alcohol, Tobacco, Firearms and Explosives
[SALARIES AND EXPENSES
[For an additional amount for ``Salaries and Expenses'',
$4,100,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[DEPARTMENT OF STATE AND RELATED AGENCY
[DEPARTMENT OF STATE
[Administration of Foreign Affairs
[DIPLOMATIC AND CONSULAR PROGRAMS
[(including transfer of funds)
[For an additional amount for ``Diplomatic and Consular
Programs'', $1,380,500,000, to remain available until
September 30, 2007: Provided, That of the amount made
available under this heading, $1,326,000 shall be available
for transfer to the United States Institute of Peace:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant 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
2007, of which $24,000,000 shall be transferred to the
Special Inspector General for Iraq Reconstruction for
reconstruction oversight: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant 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
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[International Organizations
[CONTRIBUTIONS TO 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 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'', $7,600,000, to remain available until expended:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant section 402
of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[BROADCASTING CAPITAL IMPROVEMENTS
[For an additional amount for ``Broadcasting Capital
Improvements'', $28,500,000, to remain available until
expended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[GENERAL PROVISION--THIS CHAPTER
[Sec. 1601. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 15 of
the State Department Basic Authorities Act of 1956, section
313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of
the National Security Act of 1947.
[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'' for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $25,000,000,
to remain available until September 30, 2007: Provided, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[Agricultural Research Service
[Buildings AND FACILITIES
[For an additional amount for ``Agricultural Research
Service, Buildings and Facilities'' for necessary expenses
related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $20,000,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[Natural Resources Conservation Service
[Emergency Watershed Protection Program
[For an additional amount for ``Emergency Watershed
Protection Program'' $10,000,000, to remain available until
September 30, 2008, for the purchase of easements on
floodplain lands in disaster areas 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.
[CHAPTER 2
[DEPARTMENT OF DEFENSE
[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
[[Page S3449]]
the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[Reserve Personnel, Air Force
[For an additional amount for ``Reserve Personnel, Air
Force'', $94,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[National Guard Personnel, Army
[For an additional amount for ``National Guard Personnel,
Army'', $1,304,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[National Guard Personnel, Air Force
[For an additional amount for ``National Guard Personnel,
Air Force'', $1,408,000, for necessary expenses related to
the consequences of Hurricane Katrina and other hurricanes of
the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[OPERATION AND MAINTENANCE
[Operation and Maintenance, Navy
[For an additional amount for ``Operation and Maintenance,
Navy'', $29,913,000, to remain available until September 30,
2007, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Operation and Maintenance, Air Force
[For an additional amount for ``Operation and Maintenance,
Air Force'', $37,359,000, to remain available until September
30, 2007, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Operation and Maintenance, Navy Reserve
[For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $12,755,000, to remain available until
September 30, 2007, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[Operation and Maintenance, Air Force Reserve
[For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $1,277,000, to remain available until
September 30, 2007, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[Operation and Maintenance, Army National Guard
[For an additional amount for ``Operation and Maintenance,
Army National Guard'', $42,307,000, to remain available until
September 30, 2007, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[PROCUREMENT
[Procurement of Ammunition, Army
[For an additional amount for ``Procurement of Ammunition,
Army'', $700,000, to remain available until September 30,
2008, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Other Procurement, Army
[For an additional amount for ``Other Procurement, Army'',
$9,136,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
[Aircraft Procurement, Navy
[For an additional amount for ``Aircraft Procurement,
Navy'', $579,000, to remain available until September 30,
2008, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Procurement of Ammunition, Navy and Marine Corps
[For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $899,000, to remain available until
September 30, 2008, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[Shipbuilding and Conversion, Navy
[(INCLUDING TRANSFER OF FUNDS)
[For an additional amount for ``Shipbuilding and
Conversion, Navy'', $775,236,000 to remain available until
September 30, 2010, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, which shall be available for transfer within
this account to replace destroyed or damaged equipment;
prepare and recover naval vessels under contract; and provide
for cost adjustments for naval vessels for which funds have
been previously appropriated: Provided, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to making transfers within this appropriation, notify
the congressional defense committees in writing of the
details of any such transfer: Provided further, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[Other Procurement, Navy
[For an additional amount for ``Other Procurement, Navy'',
$85,040,000, to remain available until September 30, 2008,
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Aircraft Procurement, Air Force
[For an additional amount for ``Aircraft Procurement, Air
Force'', $13,000,000, to remain available until September 30,
2008, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Procurement, Defense-Wide
[For an additional amount for ``Procurement, Defense-
Wide'', $2,797,000 (increased by $2,000,000), 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.
[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-
[[Page S3450]]
Wide'', $730,000, to remain available until September 30,
2007, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[REVOLVING AND MANAGEMENT FUNDS
[Defense Working Capital Funds
[For an additional amount for ``Defense Working Capital
Funds'', $1,222,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[National Defense Sealift Fund
[For an additional amount for ``National Defense Sealift
Fund'', $10,000,000, to remain available until expended, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
[TRUST FUNDS
[General Fund Payment, Surcharge Collections, Sales of Commissary
Stores, Defense
[For an additional amount for ``General Fund Payment,
Surcharge Collections, Sales of Commissary Stores, Defense'',
$10,530,000, to remain available until September 30, 2010,
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[OTHER DEPARTMENT OF DEFENSE PROGRAMS
[Defense Health Program
[For an additional amount for ``Defense Health Program'',
$33,881,000, to remain available until September 30, 2007,
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[GENERAL PROVISION--THIS CHAPTER
[Sec. 2201. 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.
[CHAPTER 3
[DEPARTMENT OF DEFENSE--CIVIL
[DEPARTMENT OF THE ARMY
[Corps of Engineers--Civil
[CONSTRUCTION
[For additional amounts for ``Construction'' to reduce the
risk of storm damage to the greater New Orleans metropolitan
area by restoring the surrounding wetlands, $100,000,000, to
remain available until expended: Provided, That such sums
shall be subject to authorization: Provided further, That the
Chief of Engineers, acting through the Assistant Secretary of
the Army for Civil Works, shall provide, at a minimum, a
monthly report to the House and Senate Committees on
Appropriations detailing the allocation and obligation of
these funds, beginning not later than July 30, 2006: Provided
further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[FLOOD CONTROL AND COASTAL EMERGENCIES
[For additional amounts for ``Flood Control and Coastal
Emergencies'', as authorized by section of the Flood Control
Act of August 18, 1941, as amended (33 U.S.C. 701n), for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season,
$1,360,000,000, to remain available until expended: Provided,
That such sums shall be subject to authorization: Provided
further, That the Chief of Engineers, acting through the
Assistant Secretary of the Army for Civil Works, shall
provide, at a minimum, a monthly report to the House and
Senate Committees on Appropriations detailing the allocation
and obligation of these funds, beginning not later than July
30, 2006: Provided further, That none of the funds provided
herein shall be available until the 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 projects:
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 4
[DEPARTMENT OF HOMELAND SECURITY
[Office of Inspector General
[(including transfers of funds)
[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, $13,500,000,
to remain available until September 30, 2007: Provided, That
these amounts shall be transferred to the Offices of
Inspector General of the Departments of Agriculture, Defense,
Education, Health and Human Services, Housing and Urban
Development, Justice, Labor and Transportation, and the
Environmental Protection Agency, the General Services
Administration, and the Social Security Administration to
carry out necessary audits and investigations of funding and
programs undertaken by the respective agencies for response
and recovery from the 2005 Gulf Coast hurricanes: 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.
[Customs and Border Protection
[SALARIES AND EXPENSES
[For an additional amount for `Salaries and Expenses' to
provide for the relocation of personnel and equipment related
to the New Orleans laboratory facility and for the repair and
replacement of critical equipment and property damaged or
caused by 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'' to rebuild
and repair structures damaged by 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 transfer 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, $14,300,000,
to remain available until September 30, 2007, of which up to
$267,000 may be transferred to ``Environmental Compliance and
Restoration'' to be used for environmental cleanup and
restoration of Coast Guard facilities; and of which up to
$500,000 may be transferred to ``Research, Development, Test,
and Evaluation'' to be used for salvage and repair of
research and development equipment and facilities: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
[ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[For an additional amount for ``Acquisition, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $80,755,000, to remain available until expended:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[Federal Emergency Management Agency
[ADMINISTRATIVE AND REGIONAL OPERATIONS
[For an additional amount for ``Administrative and Regional
Operations'' for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $70,000,000, 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.
[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: Provided, That the amount provided
under this heading is designated as 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.),
$9,550,000,000 (reduced by $2,000,000), to remain available
until expended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[[Page S3451]]
[DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
[(INCLUDING TRANSFER OF FUNDS)
[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), $151,000,000, to be used to assist local governments
that were 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 used to
subsidize gross obligations for the principal amount of
direct loans not to exceed $200,000,000: 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: 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 of the amount
provided in this chapter under the heading Disaster Relief'',
up to $150,000,000 may be transferred to and merged with the
funds provided under this heading, to be used to subsidize
gross obligations for the principal amount of direct loans
not to exceed $200,000,000: Provided further, That the
amounts provided or transferred under this heading are
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[GENERAL PROVISIONS--THIS CHAPTER
[Sec. 2401. The Federal Emergency Management Agency may
provide funds to a State or local government or, as
necessary, assume an existing agreement from such unit of
government, to pay for utility costs resulting from the
provision of temporary housing units to evacuees from
Hurricanes Katrina and Rita 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,
notwithstanding section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174): Provided, That the Federal share of the costs eligible
to be paid shall be 100 percent.
[Sec. 2402. (a) Title III of Public Law 109-90 is amended
under the heading ``National Flood Insurance Fund'' by
striking ``$30,000,000 for interest on Treasury borrowings''
and inserting ``such sums as necessary for interest on
Treasury borrowings''.
[(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.
[CHAPTER 5
[DEPARTMENT OF THE INTERIOR
[United States Fish and Wildlife Service
[CONSTRUCTION
[For an additional amount for ``Construction'' for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season and for
repayment of advances to other appropriation accounts from
which funds were transferred for such purposes, $132,400,000,
to remain available until expended: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
[National Park Service
[HISTORIC PRESERVATION FUND
[For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$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.
[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 the ``Leaking Underground
Storage Tank Program'' for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $7,000,000, to remain available until September
30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[DEPARTMENT OF AGRICULTURE
[Forest Service
[NATIONAL FOREST SYSTEM
[For an additional amount for the ``National Forest
System'' for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
$20,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
[CHAPTER 6
[DEPARTMENT OF DEFENSE
[MILITARY CONSTRUCTION
[Military Construction, Navy and Marine Corps
[For an additional amount for ``Military Construction, Navy
and Marine Corps'', for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $28,880,000 (increased by $15,890,000), to
remain available until September 30, 2010: Provided, That
notwithstanding any other provision of law, 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, 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,
$57,300,000 (increased by $40,000,000), to remain available
until September 30, 2010: Provided, That notwithstanding any
other provision of law, 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, Army National Guard
[For an additional amount for ``Military Construction, Army
National Guard'', for necessary expenses related to
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $67,800,000, to remain available until September
30, 2010: Provided, That notwithstanding any other provision
of law, 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 in the chapter 7 of title
I of division B of Public Law 109-148 (119 Stat. 2770) shall
remain available until September 30, 2010: 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.
[Military Construction, Air National Guard
[For an additional amount for ``Military Construction, Air
National Guard'', for necessary expenses related to
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $5,800,000, to remain available until September
30, 2010: Provided, That notwithstanding any other provision
of law,
[[Page S3452]]
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, Navy Reserve
[(INCLUDING RESCISSION OF FUNDS)
[For an additional amount for ``Military Construction, Navy
Reserve'', for necessary expenses related to consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$24,270,000, to remain available until September 30, 2010:
Provided, That notwithstanding any other provision of law,
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 the heading ``Military Construction, Naval Reserve'' in
chapter 7 of title I of division B of Public Law 109-148 (119
Stat. 2771) shall remain available until September 30, 2010,
except that, of such amount $49,530,000 are rescinded:
Provided further, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[DEPARTMENT OF VETERANS AFFAIRS
[Departmental Administration
[CONSTRUCTION, MAJOR PROJECTS
[(including transfer of funds)
[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, $550,000,000, to remain available until
expended: Provided, That the foregoing amount shall only be
available upon enactment, by June 30, 2006, of authority
under section 8104 of title 38, United States Code: Provided
further, That up to $275,000,000 of the amount provided under
this heading may (at any time after the enactment of this Act
and without regard to the preceding proviso) be transferred
by the Secretary of Veterans Affairs to the ``Medical
Services'' account, to be available only for unanticipated
costs related to the Global War on Terror: Provided further,
That the Secretary of Veterans Affairs shall, not fewer than
15 days prior to making a transfer under the authority in the
preceding proviso, notify the Committees on Appropriations of
the Senate and House of Representatives in writing of the
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.
[CHAPTER 7
[DEPARTMENT OF JUSTICE
[Legal Activities
[SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
[For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $2,000,000, to remain available
until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
[For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $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.
[DEPARTMENT OF COMMERCE
[National Oceanic and Atmospheric Administration
[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, $11,800,000, 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.
[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,
$30,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
[RELATED AGENCIES
[Small Business Administration
[DISASTER LOANS PROGRAM ACCOUNT
[(INCLUDING TRANSFERS OF FUNDS)
[For an additional amount for ``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, of the amount provided under
this heading, up to $190,000,000 may be transferred to and
merged with appropriations for ``Small Business
Administration, 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,
$712,000,000 is hereby transferred to ``Federal Emergency
Management Agency, Disaster Relief'' to reimburse that
account for funds transferred to this account by Public Law
109-174: Provided further, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
[CHAPTER 8
[DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Community Planning and Development
[COMMUNITY DEVELOPMENT FUND
[(INCLUDING TRANSFER OF FUNDS)
[For an additional amount for the ``Community development
fund'', for necessary expenses related to disaster relief,
long-term recovery, and restoration of infrastructure in the
most impacted and distressed areas related to the
consequences of hurricanes in the Gulf of Mexico in 2005 in
States for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in
conjunction with Hurricane Katrina, Rita, or Wilma,
$4,200,000,000, 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 made available under this heading shall
be distributed to address the most critical recovery
requirements notwithstanding funding limitations under this
heading in title I of division B of Public Law 109-148:
Provided further, That funds provided under this heading
shall be administered through an entity or entities
designated by the Governor of each State: Provided further,
That such funds may not be used for activities reimbursable
by or for which funds are made available by the Federal
Emergency Management Agency or the Army Corps of Engineers:
Provided further, That funds allocated under this heading
shall not adversely affect the amount of any formula
assistance received by a State under this heading: Provided
further, That each State may use up to five percent of its
allocation for administrative costs: Provided further, That
not less than $1,000,000,000 from funds made available 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 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, as modified:
Provided further, That the Secretary may waive the
requirement that activities benefit persons of low and
moderate income, except that at least 50 percent of the funds
made available under this heading must benefit primarily
persons of low and moderate income unless the Secretary
otherwise makes a finding of compelling need: Provided
further, That the Secretary shall publish in the Federal
Register any waiver of any statute or regulation that the
Secretary administers pursuant to title I of the Housing and
Community Development Act of 1974 no later than 5 days before
the effective date of such waiver: Provided further, That
every waiver made by the Secretary must be reconsidered
according to the three previous provisos on the two-year
anniversary of the day the Secretary published the waiver in
the Federal Register: Provided further, That prior to the
obligation of funds each State shall submit a plan to the
Secretary detailing the proposed use of all funds, including
criteria for eligibility and how the use of these funds will
address long-term recovery and restoration of infrastructure:
Provided further, That 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
[[Page S3453]]
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 may transfer a
total of up to $15,000,000 to the Office of Inspector General
and ``Management and Administration, Salaries and Expenses''
for costs associated with administration and 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 AGENCY
[General Services Administration
[FEDERAL BUILDINGS FUND
[For an additional amount for ``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 he amount provided under this heading
is designated as 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--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
[Sec. 3001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
[Sec. 3002. Notwithstanding subsection (b) of section 102
of title I of division B of Public Law 109-148 (119 Stat.
2748), the Secretary of Agriculture may provide financial and
technical assistance in carrying out such section in an
amount up to 100 percent Federal share, as provided in
regulations implementing the emergency watershed protection
program: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
[Sec. 3003. Funds appropriated pursuant to 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).
[(including rescission of funds)
[Sec. 3004. (a) Rescission.--Of the unobligated balances
available for ``Immigration and Customs Enforcement--
Automation Modernization'', $43,620,000 are rescinded.
[(b) Appropriation.--For an additional amount for ``United
States Secret Service--Salaries and Expenses'' for critical
investigative and protective operations, $43,620,000:
Provided, That none of the funds appropriated in this section
or under the heading United States Secret Service ``Salaries
and Expenses'' in any other Act may be used to support the
position of the Chief Financial Officer until the Committees
on Appropriations receive: (1) a comprehensive workload re-
balancing report that includes funding and position
requirements for current investigative and protective
operations; (2) a comprehensive analysis of the methodology
used to estimate current workloads and develop annual
operating budgets; and (3) a budget formulation model for
National Special Security Events: Provided further, That none
of the funds appropriated in this section may be obligated
until the Committees on Appropriations receive a revised
Program, Project and Activity schedule based on current
investigative and protective workload requirements, including
a comprehensive analysis of the methodology used to estimate
those requirements.
[Sec. 3005. (a) The matter under the heading ``Tenant-Based
Rental Assistance'' in chapter 9 of title I of division B of
Public Law 109-148 is amended--
[(1) in the first proviso, by striking ``or the Stewart B.
McKinney Homeless Assistance Act (Public Law 100-77)'' and
inserting ``the McKinney-Vento Homeless Assistance Act,
section 221(d)(3), 221(d)(5), or 236 of the National Housing
Act, or section 101 of the Housing and Urban Development Act
of 1965''; and
[(2) in the second proviso, by inserting ``, except that
paragraph (7)(A) of such section shall not apply'' after
``1937''.
[(b) The provisions of this section are designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
[Sec. 3006. Notwithstanding 49 U.S.C. 5336, any funds
remaining available under Federal Transit Administration
grant numbers NY-03-345-00, NY-03-0325-00, NY-03-0405, NY-90-
X398-00, NY-90-X373-00, NY-90-X418-00, NY-90-X465-00 together
with an amount not to exceed $19,200,000 in urbanized area
formula funds that were allocated by the New York
Metropolitan Transportation Council to the New York City
Department of Transportation as a designated recipient under
49 U.S.C. 5307 may be made available to the New York
Metropolitan Transportation Authority for eligible capital
projects authorized under 49 U.S.C. 5307 and 5309.
[Sec. 3007. The referenced statement of the managers under
the heading ``Community Development Fund'' in title II of
division I of Public Law 108-447 is deemed to be amended--
[(1) with respect to item number 536, by striking ``an
economic development planning study'' and inserting ``the
Main Street Revitalization Project''; and
[(2) with respect to item number 444, by striking ``City of
St. Petersburg, Florida for facilities construction and
renovation for the Mid-Pinellas Science Center'' and
inserting ``St. Petersburg College, City of Seminole, Florida
for the development of a Science and Nature Park at St.
Petersburg College''.
[Sec. 3008. (a) The second paragraph under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is amended by striking ``statement of
managers accompanying this Act'' and inserting ``statement of
managers correction for H.R. 3058 relating to the Economic
Development Initiative submitted to the House of
Representatives by the Chairman of the Committee on
Appropriations of the House on November 18, 2005, and printed
in the House section of the Congressional Record on such
date''.
[(b) Section 5023 of title V of division B of Public Law
109-148 is amended by striking ``in title III of Public Law
109-115 (as in effect pursuant to H. Con. Res. 308, 109th
Congress)'' and inserting ``in title III of division A of
Public Law 109-115''.
[(c) Each amendment made by this section shall apply as if
included in the amended public law on the date of its
enactment.
[Sec. 3009. The statement of managers correction referenced
in the second paragraph under the heading ``Community
Development Fund'' in title III of division A of Public Law
109-115 is deemed to be amended--
[(1) with respect to item number 714, by striking
``construction of a senior center;'' and inserting
``renovation and buildout of a multipurpose center;'';
[(2) with respect to item number 850, by striking ``City of
Lancaster, Pennsylvania'' and inserting ``in Pennsylvania'';
and
[(3) with respect to item number 925, by striking
``Greenwood Partnership Alliance, South Carolina for the
renovation of Old Federal Courthouse;'' and inserting ``City
of Greenwood, South Carolina for the Emerald Triangle
Project;''.
[Sec. 3010. Section 9001 of the Deficit Reduction Act of
2005 is amended--
[(1) in subsection (a), by striking ``for a 1-time only
obligation and expenditure'';
[(2) in subsection (a)(2)--
[(A) by striking ``for fiscal year 2007''; and
[(B) by inserting before the period at the end the
following: ``, to remain available until September 30,
2007''; and
[(3) by striking subsection (b) and inserting the
following:
[``(b) Emergency Designation.--The amount provided under
subsection (a)(2) is designated as 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. 3011. (a) None of the funds made available in this
Act or any other Act may be used to take any action under
section 721 of the Defense Production Act of 1950 (50 U.S.C.
App. 2170) or any other provision of law to approve or
otherwise allow the acquisition of any leases, contracts,
rights, or other obligations of P&O Ports by Dubai Ports
World or any other legal entity affiliated with or controlled
by Dubai Ports World.
[(b) Notwithstanding any other provision of law or any
prior action or decision by or on behalf of the President
under section 721 of the Defense Production Act of 1950 (50
U.S.C. App. 2170), the acquisition of any leases, contracts,
rights, or other obligations of P&O Ports by Dubai Ports
World or any other legal entity affiliated with or controlled
by Dubai Ports World is hereby prohibited and shall have no
effect.
[(c) The limitation in subsection (a) and the prohibition
in subsection (b) apply with respect to the acquisition of
any leases, contracts, rights, or other obligations on or
after January 1, 2006.
[(d) In this section:
[(1) The term ``P&O Ports'' means P&O Ports, North America,
a United States subsidiary of the Peninsular and Oriental
Steam Navigation Company, a company that is a national of the
United Kingdom.
[(2) The term ``Dubai Ports World'' means Dubai Ports
World, a company that is partly owned and controlled by the
Government of the United Arab Emirates.
[Sec. 3012. (a) None of the funds appropriated in Public
Law 109-102 or any prior Act making appropriations for
foreign operations, export financing and related programs may
be obligated or expended for assistance to the Palestinian
Authority or a successor entity until the Secretary of State
certifies to the Committees on Appropriations that such
entity has demonstrated its commitment to the principles of
nonviolence, the recognition of Israel, and the
[[Page S3454]]
acceptance of previous agreements and obligations, including
the Roadmap.
[(b) None of the funds appropriated under the heading
``Economic Support Fund'' in Public Law 109-102 or any prior
Act making appropriations for foreign operations, export
financing and related programs may be obligated or expended
for assistance to the West Bank and Gaza until the Secretary
of State reviews the current assistance program, consults
with the Committees on Appropriations, and submits a revised
plan for such assistance: Provided, That such plan shall be
submitted not later than April 30, 2006, and shall contain
specific and appropriate steps to ensure that United States
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity.
[Sec. 3013. None of the funds made available by this Act
may be used to prohibit registered and legal, but displaced,
residents of the Gulf Coast region from the right to legally
vote in any officially designated election of the Gulf Coast
region.
[Sec. 3014. None of the funds made available in this Act
may be used by the Government of the United States to enter
into a basing rights agreement between the United States and
Iraq.
[This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006''.]
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2006, and for other purposes, namely:
TITLE I
GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
public law 480 title ii grants
For an additional amount for ``Public Law 480 Title II
Grants'', during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $350,000,000, to remain available until expended:
Provided, That from this amount, to the maximum extent
possible, funding shall be used to support the previously
approved fiscal year 2006 programs under section 204(a)(2) of
the Agricultural Trade Development and Assistance Act of
1954: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
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 the amount provided under
this heading is designated as 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'', $69,800,000, 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
Authorization of Funds
Sec. 1201. 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).
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.
[[Page S3455]]
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
[[Page S3456]]
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 U.S. 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, 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.
[[Page S3457]]
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.
U.S. 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).
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'',
$10,500,000, 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.
International Disaster and Famine Assistance
(Including Transfer of Funds)
For an additional amount for ``International Disaster and
Famine Assistance'', $136,290,000,
[[Page S3458]]
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, for programs and activities promoting democracy
in Iran, 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
shall be administered by the Middle East Partnership
Initiative: 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 the amount
provided under this heading is designated as 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. 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.''.
(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.
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.
[[Page S3459]]
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.
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
[[Page S3460]]
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.
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, $10,000,000 shall be provided to equip
federally permitted fishing vessels with electronic logbooks
to record haul-by-haul catch data: Provided further, That of
the total amount appropriated, $20,000,000 shall be provided
for one percent coverage of the shrimp and reef fish
fisheries with at-sea observer coverage to document catch,
by-catch and profitability of these fisheries, for three
years: Provided further, That of the total amount
appropriated, $50,000,000 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 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.
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.
[[Page S3461]]
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.
[[Page S3462]]
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 flood
hazard analyses and technical studies related to the
consequences of Hurricane Katrina and other disasters,
$3,750,000, to remain available until expended: Provided,
That $3,750,000 of the amount shall be available 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: Provided further, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
Construction
For an additional amount for ``Construction'' to reduce the
risk of storm damage to the greater New Orleans metropolitan
area 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, $122,850,000, to remain available until
expended: Provided, That these funds shall not be subject to
any non-Federal cost-sharing requirement: 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
$22,850,000 of the amount shall be available 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: Provided further, That $2,000,000
of the amount provided in the previous proviso shall be
provided at full Federal expense for the Hawaii water systems
technical assistance program.
OPERATIONS AND MAINTENANCE
For an additional amount for ``Operations and Maintenance''
to dredge navigation channels and repair other Corps projects
related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $4,700,000, to remain
available until expended: Provided, That $4,700,000 shall be
available only to the extent an official budget request, that
includes designation of the $4,700,000 as an emergency
requirement is transmitted by the President to the 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.
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Flood
Control Act of August 18, 1941, as amended (33 U.S.C. 701n),
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005
[[Page S3463]]
season, $2,001,500,000, to remain available until expended:
Provided, That the Secretary of the Army is directed to use
the funds appropriated herein to modify, at full Federal
expense, authorized projects in southeast Louisiana to
provide hurricane and storm damage reduction and flood damage
reduction in greater New Orleans and surrounding areas, of
which $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 their operability 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; and
$60,000,000 shall be used for incorporation of certain non-
Federal levees in Plaquemines Parish into the existing
Federal levee system: Provided further, That any project
using funds appropriated herein 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 $641,500,000 of the amount shall be available
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: Provided
further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 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.),
$10,600,000,000, 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 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: 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, notwithstanding section 408 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174): 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
[[Page S3464]]
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 related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$20,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
CHAPTER 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 expended, for carrying out the
purposes of section 107 of title IV, division B of Public Law
109-148, for displaced students, as defined in section
107(b)(1) of that Act, enrolled prior to October 1, 2006:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
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
[[Page S3465]]
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.
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
[[Page S3466]]
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, $62,000,000 shall be for the disposal,
environmental cleanup and debris removal of the Department of
Veterans Affairs' land 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.
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 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,
[[Page S3467]]
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, and may include new structures supported under
the low income tax credit program: Provided further, That all
previously assisted HUD project-based housing shall be
accorded a preference in the use of this project-based
assistance: 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 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 AGENCY
General Services Administration
FEDERAL BUILDINGS FUND
For an additional amount for the ``Federal Buildings Fund''
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$37,000,000, from the General Fund and to remain available
until expended: Provided, That notwithstanding 40 U.S.C.
3307, the Administrator of General Services is authorized to
proceed with repairs and alterations for affected buildings:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
TITLE III
EMERGENCY AGRICULTURAL DISASTER ASSISTANCE
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Emergency Agricultural
Disaster Assistance Act of 2006''.
SEC. 3002. DEFINITIONS.
In this title:
(1) 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--
[[Page S3468]]
(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--
[[Page S3469]]
(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
[[Page S3470]]
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.
[[Page S3471]]
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, and at least $200,000,000
shall be for the Centers for Disease Control and Prevention
to carry out global and domestic disease surveillance,
laboratory capacity and research, laboratory diagnostics,
risk communication, rapid response and quarantine: Provided
further, That products purchased with these funds may, at the
discretion of the Secretary, be deposited in the Strategic
National Stockpile: Provided further, That notwithstanding
section 496(b) of the Public Health Service Act, funds may be
used for the construction or renovation of privately owned
facilities for the production of pandemic influenza vaccines
and other biologicals, where the Secretary finds such a
contract necessary to secure sufficient supplies of such
vaccines or biologicals: Provided further, That the Secretary
may negotiate a contract with a vendor under which a State
may place an order with the vendor for antivirals; may
reimburse a State for a portion of the price paid by the
State pursuant to such an order; and may use amounts made
available herein for such reimbursement: Provided further,
That funds appropriated herein and not specifically
designated under this heading may be transferred to other
appropriation accounts of the Department of Health and Human
Services, as determined by the Secretary to be appropriate,
to be used for the purposes specified in this sentence:
Provided further, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
TITLE VII
GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
availability of funds
Sec. 7001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
OFFICE OF JUSTICE PROGRAMS
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
ADMINISTRATIVE PROVISION
Sec. 7002. 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. 7003. 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. 7004. 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. 7005. 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. 7006. 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. 7007. 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. 7008. 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.
[[Page S3472]]
Mississippi River-Gulf Outlet
Sec. 7009. 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. 7010. 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. 7011. (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. 7012. 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. 7013. 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. 7014. (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. 7015. 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. 7016. 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. 7017. 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. 7018. 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. 7019. 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.
railroad retirement board
Sec. 7020. 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. 7021. Section 224 of Public Law 109-149 (119 Stat.
2862) is amended by striking ``June'' and inserting
``December'' in lieu thereof.
MILITARY CONSTRUCTION
AUTHORIZATION
Sec. 7022. 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. 7023. 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. 7024. 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. 7025. 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. 7026. 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. 7027. 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. 7028. (a) Funds appropriated for intelligence
activities, or made available by the
[[Page S3473]]
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. 7029. 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. 7030. (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. 7031. 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.
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006''.
Mr. GREGG. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. COCHRAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. COCHRAN. Mr. President, it is my pleasure and honor to describe
for the Senate the supplemental appropriations bill that has been
reported by our committee. The President has requested supplemental
appropriations for this fiscal year, which the committee has reviewed.
The House has passed a bill reporting and referring to the Senate this
bill that is described as an emergency. The funds are needed primarily
for the global war on terror, which is included in title I of the bill.
The total committee substitute would provide $106,474,107,000 in
supplemental appropriations for this fiscal year, 2006. It is above the
President's request by $14,253,522,000. It is also above the House-
passed bill, and we have broken this down and presented it to the
Senate in titles.
The first title provides money primarily for defense-related
activities, as I said, to carry out the global war on terror. It
provides funding for ongoing operations and reconstruction efforts in
Iraq and Afghanistan.
In title II, we have included funds above the President's request for
recovery from the damages caused by the hurricanes in the Gulf of
Mexico in 2005. The President requested $19.7 billion for this purpose.
The committee, in consideration of amendments offered by Senators
during the markup session, approved an additional $7.4 billion for this
purpose. So the total of title II is $27,126,662,000.
Title III reflects the provision of an amendment that was offered in
committee by Senators Dorgan of North Dakota and Burns of Montana
relating to agricultural disaster assistance for farmers and ranchers
in States that are affected either by the hurricanes of 2005 or
drought, flood, wildfires, and other natural disasters that have
occurred. That amendment provides exactly $3,944 million for emergency
agricultural disaster assistance.
Title IV reflects an amendment that was approved by the committee for
emergency drought assistance, more broadly defined, and is an amendment
offered by the Senator from New Mexico, Mr. Domenici, and agreed to by
the committee, with $12,500,000 for that purpose.
Title V is an appropriation of $648,050,000 for port security
enhancements. This was requested by--and the committee approved the
request--the distinguished Senator from West Virginia, Mr. Byrd.
Title VI includes funds for influenza pandemic preparation and
response activities. The administration asked for this amendment. It
was included by the committee. It provides $2,300 million for that
purpose.
Title VII is the part of the bill that has general provisions and
technical provisions.
Overall, the bill can be described as having two major points of
focus. First, it provides needed funding for our military to continue
to carry out operations overseas. It also includes the commitment to
rebuild the gulf coast to permit inhabitants there to recover from the
devastation caused by Hurricanes Katrina and Rita.
It is my opinion--and I think this reflects the action taken by our
committee--that it is critical that these funds be provided
expeditiously, and we need the cooperation and support of all Senators
to accomplish this goal. The committee recommendation has been
available to Senators for several weeks. I hope we can consider
amendments in an orderly fashion, that they can be brought up as early
as possible so they can be considered without prolonged and unnecessary
delay.
I have to say that the individual subcommittee chairmen worked hard
to identify the needs in the areas under their jurisdiction. Those who
serve as ranking minority members of the subcommittees have had
opportunities to participate. It has been a bipartisan effort made by
our committee to bring to the bill a recommended appropriation amount
that would serve our national security interests as well as our
economic interests and other problems that were caused by natural
disasters.
At the appropriate time, I will move that the committee substitute be
adopted and be treated as original text for the purpose of further
amendments. I have to say at this point that the work of this committee
reflects bipartisan cooperation and mutual respect between the Members
on both sides of the aisle. It carries out a tradition that I believe
has been one of the hallmarks of the activity of the Senate. It has
reflected credit, therefore, on the Senate.
I hope Members will understand that we are not addressing issues on
the basis of partisanship but on the basis of need to address problems
that confront our country and those which were unanticipated when the
President submitted his initial budget request for this fiscal year. We
have had other events that have caused us to have to proceed to adopt
emergency appropriations bills, and here again that is something we
have to deal with. We are presenting this bill as a good-faith effort
to meet the needs of the country as we see them and as requested by the
President.
I am happy to yield to my friend, the distinguished Senator from West
Virginia, Mr. Byrd, who has provided very important assistance to me
personally and, through his service in the Senate, to the work of this
committee for a long time. We appreciate his valuable assistance. All
members of the committee have worked to be sure that this is a good
bill and deserves the support of the Senate. I think it does.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from West Virginia is recognized.
Mr. BYRD. Mr. President, I thank the truly distinguished and able
chairman of the Senate Appropriations Committee, Mr. Cochran, for all
of his hard work on this bill. He is so diligent, so fair, so
honorable. I am proud to serve with him. Mississippi is so well
represented in the Senate by this man. As a matter of great pride, I
call him my friend, my colleague, my chairman.
The President has asked the Congress to approve over $92 billion of
emergency spending, including $72.5 billion
[[Page S3474]]
for the wars in Iraq and Afghanistan and $19.8 billion for the Federal
response to the terrible hurricanes that struck the Gulf States in
August and September of 2005.
When the committee opened its hearings on the supplemental on March
7, I stated my belief that it is our duty to scrutinize the President's
request not only for what is in the bill but also for what is not in
the bill. I said to the distinguished chairman and to Senator Landrieu
and others that I would help them in every way I could in responding to
the terrible storms that hit their States.
My State of West Virginia is often hit by floods and other damaging
disasters, such as the recent accidents in West Virginia's coal mines.
I am very sensitive to the ability of our Federal Government to prepare
for and respond to disasters promptly and with competence, which is
what our citizens need and what our citizens deserve. Sadly, many of
our Federal agencies are no longer up to these fundamental tasks.
Mr. President, the chairman of the committee has taken the bull by
the horns. Under his leadership, the recommendations of the committee
fill in some of the gaps in the administration's request for funds
required to respond to the hurricanes.
The committee added approximately $7.4 billion to the President's
budget request--that is not chickenfeed--$7.4 billion added to the
President's budget request for Federal programs to respond to these
disasters.
I have to also note that the chairman of the committee included at my
request--he would probably have done it, anyhow; perhaps I made it a
little easier--and the request of others an amount of $35.6 million for
improved mine safety and health programs. In the wake of 18 coal mining
deaths in the State of West Virginia this year and another 16 mining
deaths in other States this year, it is imperative that the Congress
act immediately to ensure that an adequate number of safety inspectors
will be provided for our Nation's mines and to expedite the
introduction of critical safety equipment.
It is simply, absolutely, positively inexcusable that our miners have
oxygen canisters that last only 1 hour--1 hour--when miners may be
trapped underground for several days, or that the miners may not have
emergency communications equipment. Think of that. Miners may not have
emergency communications equipment that can reach the surface in the
event of an extended rescue effort. I tell you, this is something to
talk about.
The chairman has my genuine appreciation for including these funds in
the committee-reported bill. I also thank Senator Specter, Senator
Harkin, and Senator Rockefeller for their support of the initiative.
By the way, Senator Rockefeller is recuperating from a very serious
operation. He may not get back in the harness here until June. I was
talking with him a couple of days ago. He probably won't get back until
June. John D. Rockefeller, my colleague from West Virginia.
The bill before the Senate also includes a provision to extend the
abandoned mine land authority through fiscal year 2007. The AML program
and combined benefits fund are very important programs that are needed
by retired coal miners, by their families, and by coalfields
communities throughout the country. I thank Chairman Cochran. I thank
Senator Specter and Senator Domenici for supporting this effort.
The supplemental appropriations bill includes $67.8 billion for the
Department of Defense to prosecute the wars in Iraq and Afghanistan.
Upon passage of this legislation, the total amount appropriated for the
war in Iraq, including the cost of reconstruction, will be $320
billion. Mr. President, that is $320 for every minute since Jesus
Christ was born 2,000 years ago. That is a lot of money. Man, think of
that.
That is a staggering figure, but what is even more unbelievable is
that the monthly cost of the war in Iraq has been steadily, steadily,
steadily escalating. In May 2004, the Defense Department reported to
the Armed Services Committee that the cost of operations in Iraq was
averaging $4 billion per month. The Congressional Research Service
reported this month that during fiscal year 2005, the cost of the war
in Iraq had escalated to $5.6 billion per month. The Congressional
Research Service estimates that the cost of operations in Iraq during
the current fiscal year will grow to $6.8 billion per month.
I ask the Chair, can you comprehend how much money that is, $6.8
billion? That is $6.80 for every minute since Jesus Christ was born.
Contemplate that.
The American people ought to be asking how on Earth has the monthly
cost of the war in Iraq grown by 70 percent just in 2 years. Isn't
there any way to control the cost of the war while making sure that our
troops continue to get the support they need?
The truth is that the administration is out of control when it comes
to asking for emergency spending. According to a Congressional Budget
Office report, the White House has requested $515 billion in emergency
spending between 2001 and 2006. That is more than 3\1/2\ times the
combined total of all--all, a-l-l--all of the emergency spending bills
in the previous 10 years.
Say that again. Did you hear me? More than 3\1/2\ times the combined
total of all of the emergency spending bills in the previous 10 years.
The President refuses to include in his annual budget request a
realistic estimate of the cost of the wars. As a result, there is
virtually no debate about how our country is going to pay for these
massive bills. And what is more, these emergency spending requests mean
that Congress has only a limited opportunity to scrutinize the
administration's spending proposals. As a result, nobody--nobody--seems
to be minding the store when it comes to controlling the escalating
cost of the wars in Iraq and Afghanistan.
I tell you, I was in favor of fighting the war in Afghanistan, but I
was not in favor of going into Iraq. No, man. No.
The failure of the President to heed the repeated calls by the
Senate--by the Senate, that is this body--to budget for the wars in
Iraq and Afghanistan has resulted in more unnecessary spending that is
hidden--hidden--from public view.
For example, the President requested $8.3 billion in military
procurement to replace wornout or battle-damaged equipment, but this is
essentially forward funding of replacement equipment that should be
bought using funds in the regular appropriations bill. Since we do not
need to buy the same equipment twice, future Defense spending bills
need not appropriate procurement funds that have already been approved
in previously enacted emergency appropriations bills.
This forward funding of military procurement accounts should then
mean savings in the regular Defense appropriations bill. But when will
these savings appear?
With the approval of this bill, the Department of Defense budget for
fiscal year 2006 is $534 billion, an increase of 74 percent over fiscal
year 2001. Congress has rubberstamped much of this increase without
indepth budget justification.
Until the President begins to include a real estimate of the cost of
the wars in his annual budget, American taxpayers will continue to see
billions more dollars spent without any true measure of accountability.
That is why I will again offer an amendment to the supplemental
appropriations bill that calls for the President to budget for the cost
of the wars in Iraq and Afghanistan.
The Senate has given its strong support to this amendment four
times--four times--and the President continues to look the other way,
continues to disregard this direction by the Senate. The Senate must
insist on a long overdue and responsible step of budgeting for the cost
of the war.
I am also very disappointed that the White House limited the
supplemental request to the cost of the wars in Iraq and Afghanistan
and in response to Hurricanes Katrina, Rita, and Wilma. As the Senate
debates immigration and border security, it is rather astonishing,
wouldn't you think, that no funding was included for border security.
Nor were any funds included for port security. Dubai Ports World is now
operating terminals at six of our major ports.
The ``layered defense''--if I may put quotation marks around those
two words--the ``layered defense'' that the
[[Page S3475]]
administration claims is protecting our ports is, in fact, paper thin--
paper thin. It is just that thin.
Nor did the President seek any supplemental funding for preparing for
or preventing the outbreak of the avian flu or to help our farmers who
have been devastated by drought and by the hurricanes.
The Appropriations Committee, under the chairmanship of Senator
Cochran, has wisely approved funding for port security, wisely approved
funding for the avian flu, wisely approved funding for drought relief,
and I hope that border security funding will be approved this week on
the floor.
I challenge the White House--it is easy to be brave from a distance;
I am quite a ways up the avenue from the White House--I challenge the
White House--come on--I challenge the White House to get serious about
these issues. These are also emergencies. The White House should be
leading rather than opposing efforts to improve border security and
port security, and it should be preparing for the avian flu and helping
our farmers.
The administration has a huge credibility gap when it comes to
homeland security. There is a continuing drumbeat that another
terrorist attack may occur or is even likely. The President, in his
State of the Union Address, told the American people:
The enemy has not lost the desire or capability to attack
us.
That is true. One look at the budget reveals an odd complacency. The
administration's speech writers and his policy writers seem to be
living in different worlds.
In response to the administration's decision to allow Dubai Ports
World to operate terminals in six major U.S. ports, it is asserted by
the administration that it has a robust, layered security system for
our ports. And yet for the second straight year, the White House
proposes to eliminate the Port Security Grant Program. Of the $816
million the Congress has appropriated since September 11 for port
security, only $46 million was requested by the President. There is
nothing ``robust'' about that.
How serious are we about port security, when the President, the Vice
President, the Secretary of Defense, and the Secretary of Homeland
Security don't even know about the decision to sell the operation of
six U.S. ports to a State-owned foreign company?
How serious are we about port security when Customs and Border
Protection inspects only 5 percent of the 11 million containers that
come into the country each year?
How serious are we when the Coast Guard Deepwater budget for
replacing its ships, planes, and helicopters will not be completed
until 2026?
The administration has not requested one thin dime for port security
in this $92 billion supplemental.
The committee-reported bill includes my amendment to provide $648
million to fill critical gaps in our paper-thin port security program.
The bill now provides resources for more radiation portal monitors,
more container inspections, more port inspections, and would fund port
security grants at the levels anticipated in the Collins-Lieberman and
Stevens-Inouye port security authorization bills.
The American people--our people, your people--yes, our people, the
American people--expect more than just a paper-thin--you can almost see
through that--the American people expect more than just a paper-thin
security plan for our ports. The bill, as reported by the Senate
Appropriations Committee, begins--and Senator Cochran, the chairman of
that committee, can take a lot of credit--begins to address this paper-
thin port security program by including a total of $648 million to fill
critical gaps in our port security program. I thank Senators Dan
Inouye, Herb Kohl, and Tom Harkin for their support of my initiative in
committee. Whose initiative? Mine, my initiative. Dizzy Dean says it is
all right to brag if you have done it. Well, I have done it.
The White House should step to the plate and support this effort.
While the committee-reported bill has made some progress to address
the gaps in the Nation's port security defenses, it virtually ignores
border security. The Senate has recently been debating immigration and
border security legislation to authorize a whole host of items intended
to secure our borders. The legislation would authorize the hiring of
additional Border Patrol agents. It would authorize the hiring of
additional immigration enforcement agents and detention officers. It
would authorize border surveillance, technology, and unmanned aerial
vehicles, and fences.
I am very concerned--very concerned--about lax border security. In
fact, together with our colleague, Senator Larry Craig, and with the
support of my Homeland Security Subcommittee chairman, Senator Judd
Gregg, I led the effort in the Senate last year to appropriate hard
dollars to begin to put real teeth--see these teeth? These are real
teeth. They are just 88 years old. These are real teeth. Well, that is
what we did. We put real teeth in our border security agenda. We did
not merely authorize the hiring of more Border Patrol agents; we
appropriated hard dollars to hire 500 more Border Patrol agents, as
well as more immigration enforcement agents and detention officers.
Don't you feel better about that? I do. I can sleep a little better. I
will bet Senator Harkin sleeps better at night because of it. Those 500
Border Patrol agents have been hired and trained and are deployed on
our borders. They are out there defending our borders while we are
sleeping. Think about that.
As we hire more Border Patrol agents and other immigration
enforcement officials, they must have the tools they need to do their
job. We need to start paying for those tools now so that they will be
available as more and more Border Patrol and immigration enforcement
officials are hired and trained.
I will be talking again about this matter as the Senate proceeds to
consider this supplemental appropriations bill. Securing our borders
requires more than just hot air. Hot air is cheap. We must put real
dollars to work for border security.
Mr. President, I am pleased to report to the Senate that the
committee-reported bill, under the strong leadership of Chairman
Cochran--hey, you people down there in Mississippi better hold on to
this man. He does a terrific job on this committee. This bill includes
several other initiatives to deal with gaps in funding in the budget
request.
I would suggest that principal among these gaps is an amount of $2.3
billion required to prepare for and to respond to a potential influenza
pandemic such as the avian flu. My mother died during the great
influenza epidemic of 1917 and 1918; the great influenza epidemic. So
there is money here to prepare for and to respond to a potential
influenza pandemic. The World Health Organization recommends that
countries stockpile enough antiviral medications to cover 25 percent of
the population or 80 million Americans.
According to the Department of Health and Human Services, there is a
shortfall of 30 million courses. HHS will not receive the antivirals it
has ordered until the end of this year.
We are also well short of the 20 million goal that has been set by
HHS for purchasing prepandemic vaccine. Experts have said that a
vaccine is the only effective way to stop the spread of a pandemic.
The availability of the vaccine and medicine is limited. The
availability is limited. We should not wait to place our orders. The
White House should support this effort.
The committee-reported bill also includes approximately $3.9 billion
for emergency agricultural disaster assistance for farmers and ranchers
in States affected by recent hurricanes in the gulf, drought in the
southern plains and throughout the western corn belt, and excessive
rainfall in North Dakota--North Dakota: Do you know where that is? That
is north of South Dakota. North Dakota--and the upper Midwest flood.
Nearly 80 percent of all U.S. counties were designated as primary or
contiguous disaster areas by the Secretary of Agriculture or the
President in 2005.
So, Mr. President, the chairman and I look forward to a good debate
on this supplemental appropriations bill. It is a good bill, and it is
truly responsive--truly responsive--to the needs of the American
people.
Mr. President, I yield the floor.
Mr. COCHRAN. Mr. President, I want to express my genuine heartfelt
appreciation for the remarks of the distinguished Senator from West
Virginia
[[Page S3476]]
about me and about the work of our committee. He has been a very
valuable tutor, friend, and companion during the work of our Committee
on Appropriations since I have been on the committee, since January of
1981. I have learned a lot from him. I have learned to respect him in
terms of the conscientious way he goes about carrying out his
responsibilities to the people of West Virginia and also to the people
of the United States as a U.S. Senator. We can all study his career and
his dedication to public service with great profit for our own
interests. We can be guided by his example and be very proud of our
work product if we do.
Mr. President, at the appropriate time, I will ask unanimous consent
that the committee amendment be agreed to and the bill as thus amended
be considered as original text for the purpose of further amendment,
and that no points of order be waived by the request. I give the Senate
notice that I will make that unanimous consent request in due course,
and it probably will occur immediately after our break for the policy
luncheons of the respective parties of the Senate. I am happy to yield
to any other Senator who wishes to make any comments. I understand the
Senator from Minnesota would like to speak as if in morning business,
and I yield the floor.
Mr. COLEMAN. Mr. President, I ask unanimous consent to speak as in
morning business for up to 10 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Coleman pertaining to the submission of S. Res.
442 are located in today's Record under ``Submission of Concurrent and
Senate Resolutions.'')
Mr. COLEMAN. I yield the floor.
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