[Congressional Record (Bound Edition), Volume 151 (2005), Part 22]
[House]
[Pages 29449-29798]
[From the U.S. Government Publishing Office, www.gpo.gov]




 CONFERENCE REPORT ON H.R. 2863, DEPARTMENT OF DEFENSE APPROPRIATIONS 
                               ACT, 2006

  Mr. YOUNG of Florida submitted the following conference report and 
statement on the bill (H.R. 2863) making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2006, 
and for other purposes:

                  Conference Report (H. Rept. 109-359)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2863) ``making appropriations for the Department of Defense 
     for the fiscal year ending September 30, 2006, and for other 
     purposes'', having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

                               DIVISION A

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

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

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty, (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; for members of the 
     Reserve Officers' Training Corps; and for payments pursuant 
     to section 156 of Public Law 97-377, as amended (42 U.S.C. 
     402 note), and to the Department of Defense Military 
     Retirement Fund, $28,191,287,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; for members of the Reserve 
     Officers' Training Corps; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $22,788,101,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $8,968,884,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; for members of 
     the Reserve Officers' Training Corps; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $23,199,850,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $3,172,669,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $1,686,099,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $513,001,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $1,296,646,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $4,912,794,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section

[[Page 29450]]

     708 of title 32, United States Code, or while serving on duty 
     under section 12301(d) of title 10 or section 502(f) of title 
     32, United States Code, in connection with performing duty 
     specified in section 12310(a) of title 10, United States 
     Code, or while undergoing training, or while performing 
     drills or equivalent duty or other duty, and expenses 
     authorized by section 16131 of title 10, United States Code; 
     and for payments to the Department of Defense Military 
     Retirement Fund, $2,267,732,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $11,478,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $24,105,470,000: Provided, That of funds 
     made available under this heading, $2,000,000 shall be 
     available for Fort Baker, in accordance with the terms and 
     conditions as provided under the heading ``Operation and 
     Maintenance, Army'', in Public Law 107-117: Provided further, 
     That notwithstanding any other provision of law, the 
     Secretary of the Army may provide a grant of up to 
     $10,000,000 from funds made available in this or any other 
     Department of Defense Appropriations Act to the Army Distaff 
     Foundation.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $6,003,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, 
     $29,995,383,000.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $3,695,256,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,699,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes, $30,313,136,000.

                Operation and Maintenance, Defense-Wide


                     (INCLUDING TRANSFER OF FUNDS)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $18,500,716,000: Provided, That not 
     more than $25,000,000 may be used for the Combatant Commander 
     Initiative Fund authorized under section 166a of title 10, 
     United States Code: Provided further, That not to exceed 
     $36,000,000 can be used for emergencies and extraordinary 
     expenses, to be expended on the approval or authority of the 
     Secretary of Defense, and payments may be made on his 
     certificate of necessity for confidential military purposes: 
     Provided further, That notwithstanding any other provision of 
     law, of the funds provided in this Act for Civil Military 
     programs under this heading, $500,000 shall be available for 
     a grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to 
     support the Youth Development and Leadership program and 
     Department of Defense STARBASE program: Provided further, 
     That of the funds made available under this heading, 
     $4,250,000 is available for contractor support to coordinate 
     a wind test demonstration project on an Air Force 
     installation using wind turbines manufactured in the United 
     States that are new to the United States market and to 
     execute the renewable energy purchasing plan: Provided 
     further, That of the funds provided under this heading, not 
     less than $27,009,000 shall be made available for the 
     Procurement Technical Assistance Cooperative Agreement 
     Program, of which not less than $3,600,000 shall be available 
     for centers defined in 10 U.S.C. 2411(1)(D): Provided 
     further, That none of the funds appropriated or otherwise 
     made available by this Act may be used to plan or implement 
     the consolidation of a budget or appropriations liaison 
     office of the Office of the Secretary of Defense, the office 
     of the Secretary of a military department, or the service 
     headquarters of one of the Armed Forces into a legislative 
     affairs or legislative liaison office: Provided further, That 
     $4,000,000, to remain available until expended, is available 
     only for expenses relating to certain classified activities, 
     and may be transferred as necessary by the Secretary to 
     operation and maintenance appropriations or research, 
     development, test and evaluation appropriations, to be merged 
     with and to be available for the same time period as the 
     appropriations to which transferred: Provided further, That 
     any ceiling on the investment item unit cost of items that 
     may be purchased with operation and maintenance funds shall 
     not apply to the funds described in the preceding proviso: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,973,382,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,244,795,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $202,734,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $2,499,286,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $4,491,109,000: Provided, 
     That $8,500,000 shall be available for the operations and 
     development of training and technology for the Joint 
     Interagency Training Center-East and the affiliated Center 
     for National Response at the Memorial Tunnel and for 
     providing homeland defense/security and traditional 
     warfighting training to the Department of Defense, other 
     federal agency, and state and local first responder personnel 
     at the Joint Interagency Training Center-East.

             Operation and Maintenance, Air National Guard

       For expenses of training, organizing, and administering the 
     Air National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; 
     transportation of things, hire of passenger motor vehicles; 
     supplying and equipping the Air National Guard, as authorized 
     by law; expenses for repair, modification, maintenance, and 
     issue of supplies and equipment, including those furnished 
     from stocks under the control of agencies of the Department 
     of Defense; travel expenses (other than mileage) on the same 
     basis as authorized by law for Air National Guard personnel 
     on active Federal duty, for Air National Guard commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau, $4,701,306,000.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $11,236,000, of which 
     not to exceed $5,000 may be used for official representation 
     purposes.

                    Environmental Restoration, Army


                     (including transfer of funds)

       For the Department of the Army, $407,865,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                    Environmental Restoration, Navy


                     (including transfer of funds)

       For the Department of the Navy, $305,275,000, to remain 
     available until transferred: Provided,

[[Page 29451]]

     That the Secretary of the Navy shall, upon determining that 
     such funds are required for environmental restoration, 
     reduction and recycling of hazardous waste, removal of unsafe 
     buildings and debris of the Department of the Navy, or for 
     similar purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Navy, to be merged with and to be available 
     for the same purposes and for the same time period as the 
     appropriations to which transferred: Provided further, That 
     upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                  Environmental Restoration, Air Force


                     (including transfer of funds)

       For the Department of the Air Force, $406,461,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

       For the Department of Defense, $28,167,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

         Environmental Restoration, Formerly Used Defense Sites


                     (INCLUDING TRANSFER OF FUNDS)

       For the Department of the Army, $256,921,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 2557, and 2561 of title 10, United States Code), 
     $61,546,000, to remain available until September 30, 2007.

              Former Soviet Union Threat Reduction Account

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for establishing programs to prevent the 
     proliferation of weapons, weapons components, and weapon-
     related technology and expertise; for programs relating to 
     the training and support of defense and military personnel 
     for demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise, and for 
     defense and military contacts, $415,549,000, to remain 
     available until September 30, 2008: Provided, That of the 
     amounts provided under this heading, $15,000,000 shall be 
     available only to support the dismantling and disposal of 
     nuclear submarines, submarine reactor components, and 
     security enhancements for transport and storage of nuclear 
     warheads in the Russian Far East.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $2,653,280,000, to remain available for obligation until 
     September 30, 2008: Provided, That $75,000,000 of the funds 
     provided in this paragraph are available only for the purpose 
     of acquiring four (4) HH-60L medical evacuation variant 
     Blackhawk helicopters for the Army Reserve: Provided further, 
     That three (3) UH-60 Blackhawk helicopters in addition to 
     those referred to in the preceding proviso shall be available 
     only for the Army Reserve.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,208,919,000, to remain available for obligation until 
     September 30, 2008.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $1,391,615,000, to remain available for 
     obligation until September 30, 2008.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,733,020,000, to remain available for obligation until 
     September 30, 2008.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; and the purchase of 14 vehicles required 
     for physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle; communications and electronic 
     equipment; other support equipment; spare parts, ordnance, 
     and accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $4,594,031,000, to remain available for obligation until 
     September 30, 2008.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $9,774,749,000, to remain available 
     for obligation until September 30, 2008.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $2,659,978,000, to remain available for obligation until 
     September 30, 2008.

[[Page 29452]]



            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $851,841,000, to remain available for obligation until 
     September 30, 2008.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program (AP), $626,913,000;
       NSSN, $1,637,698,000;
       NSSN (AP), $763,786,000;
       SSGN, $286,516,000;
       CVN Refuelings, $1,318,563,000;
       CVN Refuelings (AP), $20,000,000;
       SSBN Submarine Refuelings, $230,193,000;
       SSBN Submarine Refuelings (AP), $62,248,000;
       DD(X) (AP), $715,992,000;
       DDG-51 Destroyer, $150,000,000;
       DDG-51 Destroyer Modernization, $50,000,000;
       LCS, $440,000,000;
       LHD-8, $197,769,000;
       LPD-17, $1,344,741,000;
       LHA-R, $150,447,000;
       LCAC Landing Craft Air Cushion, $100,000,000;
       Prior year shipbuilding costs, $517,523,000;
       Service Craft, $45,455,000; and
       For outfitting, post delivery, conversions, and first 
     destination transportation, $369,387,000.
       In all: $9,027,231,000, to remain available for obligation 
     until September 30, 2010: Provided, That additional 
     obligations may be incurred after September 30, 2010, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction: Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of passenger 
     motor vehicles for replacement only, and the purchase of 9 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $255,000 per vehicle; expansion of 
     public and private plants, including the land necessary 
     therefor, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $5,444,294,000, to remain available 
     for obligation until September 30, 2008.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of passenger motor vehicles for 
     replacement only; and expansion of public and private plants, 
     including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, 
     $1,398,955,000, to remain available for obligation until 
     September 30, 2008.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $12,737,215,000, to remain available for obligation until 
     September 30, 2008.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $5,174,474,000, to remain available for obligation until 
     September 30, 2008.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,016,887,000, to remain available for obligation until 
     September 30, 2008.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of passenger motor vehicles for replacement 
     only, and the purchase of 2 vehicles required for physical 
     security of personnel, notwithstanding price limitations 
     applicable to passenger vehicles but not to exceed $255,000 
     per vehicle; lease of passenger motor vehicles; and expansion 
     of public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $14,060,714,000, to remain available for obligation 
     until September 30, 2008.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of passenger motor vehicles for 
     replacement only, and the purchase of 5 vehicles required for 
     physical security of personnel, notwithstanding prior 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle; expansion of public and private 
     plants, equipment, and installation thereof in such plants, 
     erection of structures, and acquisition of land for the 
     foregoing purposes, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $2,573,964,000, to remain 
     available for obligation until September 30, 2008.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces, $180,000,000, 
     to remain available for obligation until September 30, 2008: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective Reserve or National Guard component.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
     $58,248,000, to remain available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $11,172,397,000, to remain 
     available for obligation until September 30, 2007.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment,

[[Page 29453]]

     $18,993,135,000, to remain available for obligation until 
     September 30, 2007: Provided, That funds appropriated in this 
     paragraph which are available for the V-922 may be used to 
     meet unique operational requirements of the Special 
     Operations Forces: Provided further, That funds appropriated 
     in this paragraph shall be available for the Cobra Judy 
     program.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $21,999,649,000, to remain 
     available for obligation until September 30, 2007.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $19,798,599,000, to 
     remain available for obligation until September 30, 2007.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $168,458,000, to remain available for obligation 
     until September 30, 2007.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,154,940,000.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
     necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $1,089,056,000, to remain available until 
     expended: Provided, That none of the funds provided in this 
     paragraph shall be used to award a new contract that provides 
     for the acquisition of any of the following major components 
     unless such components are manufactured in the United States: 
     auxiliary equipment, including pumps, for all shipboard 
     services; propulsion system components (that is; engines, 
     reduction gears, and propellers); shipboard cranes; and 
     spreaders for shipboard cranes: Provided further, That the 
     exercise of an option in a contract awarded through the 
     obligation of previously appropriated funds shall not be 
     considered to be the award of a new contract: Provided 
     further, That the Secretary of the military department 
     responsible for such procurement may waive the restrictions 
     in the first proviso on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense, as 
     authorized by law, $20,221,212,000, of which $19,299,787,000 
     shall be for Operation and maintenance, of which not to 
     exceed 2 percent shall remain available until September 30, 
     2007, and of which up to $10,212,427,000 may be available for 
     contracts entered into under the TRICARE program; of which 
     $379,119,000, to remain available for obligation until 
     September 30, 2008, shall be for Procurement; and of which 
     $542,306,000, to remain available for obligation until 
     September 30, 2007, shall be for Research, development, test 
     and evaluation: Provided, That notwithstanding any other 
     provision of law, of the amount made available under this 
     heading for Research, development, test and evaluation, not 
     less than $5,300,000 shall be available for HIV prevention 
     educational activities undertaken in connection with U.S. 
     military training, exercises, and humanitarian assistance 
     activities conducted primarily in African nations.

            Chemical Agents and Munitions Destruction, Army

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions, to include construction of facilities, 
     in accordance with the provisions of section 1412 of the 
     Department of Defense Authorization Act, 1986 (50 U.S.C. 
     1521), and for the destruction of other chemical warfare 
     materials that are not in the chemical weapon stockpile, 
     $1,400,827,000, of which $1,216,514,000 shall be for 
     Operation and maintenance; $116,527,000 shall be for 
     Procurement to remain available until September 30, 2008; 
     $67,786,000 shall be for Research, development, test and 
     evaluation, of which $53,026,000 shall only be for the 
     Assembled Chemical Weapons Alternatives (ACWA) program, to 
     remain available until September 30, 2007; and no less than 
     $119,300,000 may be for the Chemical Stockpile Emergency 
     Preparedness Program, of which $36,800,000 shall be for 
     activities on military installations and $82,500,000 shall be 
     to assist State and local governments.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for Operation and 
     maintenance; for Procurement; and for Research, development, 
     test and evaluation, $917,651,000: Provided, That the funds 
     appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority contained elsewhere in this 
     Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $209,687,000, of which 
     $208,687,000 shall be for Operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; and of which $1,000,000, to 
     remain available until September 30, 2008, shall be for 
     Procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $244,600,000.

               Intelligence Community Management Account


                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account, $422,344,000, of which $27,454,000 for 
     the Advanced Research and Development Committee shall remain 
     available until September 30, 2007: Provided, That of the 
     funds appropriated under this heading, $39,000,000 shall be 
     transferred to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, and of 
     the said amount, $1,500,000 for Procurement shall remain 
     available until September 30, 2008 and $1,000,000 for 
     Research, development, test and evaluation shall remain 
     available until September 30, 2007: Provided further, That 
     the National Drug Intelligence Center shall maintain the 
     personnel and technical resources to provide timely support 
     to law enforcement authorities and the intelligence community 
     by conducting document and computer exploitation of materials 
     collected in Federal, State, and local law enforcement 
     activity associated with counter-drug, counter-terrorism, and 
     national security investigations and operations.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004. No more than 20 percent of the appropriations in 
     this Act which are limited for obligation during the current 
     fiscal year shall be obligated during the last 2 months of 
     the fiscal

[[Page 29454]]

     year: Provided, That this section shall not apply to 
     obligations for support of active duty training of reserve 
     components or summer camp training of the Reserve Officers' 
     Training Corps.


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $3,750,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress: Provided further, 
     That a request for multiple reprogrammings of funds using 
     authority provided in this section must be made prior to June 
     30, 2006: Provided further, That transfers among military 
     personnel appropriations shall not be taken into account for 
     purposes of the limitation on the amount of funds that may be 
     transferred under this section.


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     congressional defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement: 
     Provided further, That none of the funds provided in this Act 
     may be used for a multiyear contract executed after the date 
     of the enactment of this Act unless in the case of any such 
     contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
       Funds appropriated in title III of this Act may be used for 
     a multiyear procurement contract as follows:
       UH-60/MH-60 Helicopters;
       C-17 Globemaster;
       Apache Block II Conversion; and
       Modernized Target Acquisition Designation Sight/Pilot Night 
     Vision Sensor (MTADS/PNVS).
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 2006, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2007 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2007 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2007.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. None of the funds appropriated in this or any 
     other Act may be used to initiate a new installation overseas 
     without 30-day advance notification to the Committees on 
     Appropriations.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     subsection shall not apply to those members who have 
     reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. (a) Limitation on Conversion to Contractor 
     Performance.--None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     more than 10 Department of Defense civilian employees 
     unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b) Exceptions.--
       (1) The Department of Defense, without regard to subsection 
     (a) of this section or subsections (a), (b), or (c) of 
     section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any

[[Page 29455]]

     commercial or industrial type function of the Department of 
     Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) Treatment of Conversion.--The conversion of any 
     activity or function of the Department of Defense under the 
     authority provided by this section shall be credited toward 
     any competitive or outsourcing goal, target, or measurement 
     that may be established by statute, regulation, or policy and 
     is deemed to be awarded under the authority of, and in 
     compliance with, subsection (h) of section 2304 of title 10, 
     United States Code, for the competition or outsourcing of 
     commercial activities.


                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8018. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or TRICARE shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services required by the patient, and the availability of 
     that care.
       Sec. 8019. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8020. In addition to the funds provided elsewhere in 
     this Act, $8,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States Code 
     shall be considered a contractor for the purposes of being 
     allowed additional compensation under section 504 of the 
     Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the 
     prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year: Provided further, That 
     notwithstanding section 430 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code: Provided 
     further, That, during the current fiscal year and hereafter, 
     businesses certified as 8(a) by the Small Business 
     Administration pursuant to section 8(a)(15) of Public Law 85-
     536, as amended, shall have the same status as other program 
     participants under section 602 of Public Law 100-656, 102 
     Stat. 3825 (Business Opportunity Development Reform Act of 
     1988) for purposes of contracting with agencies of the 
     Department of Defense.
       Sec. 8021. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-976 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 30 months after 
     initiation of such study for a multi-function activity.
       Sec. 8022. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8023. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may adjust wage rates 
     for civilian employees hired for certain health care 
     occupations as authorized for the Secretary of Veterans 
     Affairs by section 7455 of title 38, United States Code.
       Sec. 8024. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8025. (a) Of the funds made available in this Act, not 
     less than $31,109,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $24,288,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $6,000,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $821,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8026. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2006 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2006, 
     not more than 5,517 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,050 staff years may be funded for 
     the defense studies and analysis FFRDCs: Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP).

[[Page 29456]]

       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2007 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $46,000,000.
       Sec. 8027. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of 
     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8028. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives. In addition, for any matter 
     pertaining to basic allowance for housing, facilities 
     sustainment, restoration and modernization, environmental 
     restoration and the Defense Health Program, ``congressional 
     defense committees'' also means the Subcommittee on Military 
     Quality of Life and Veterans Affairs, and Related Agencies of 
     the Committee on Appropriations of the House of 
     Representatives.
       Sec. 8029. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8030. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2006. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8031. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year, and at the 
     end of each fiscal year hereafter, as a result of energy cost 
     savings realized by the Department of Defense shall remain 
     available for obligation for the next fiscal year to the 
     extent, and for the purposes, provided in section 2865 of 
     title 10, United States Code.
       Sec. 8032. The President shall include with each budget for 
     a fiscal year submitted to the Congress under section 1105 of 
     title 31, United States Code, and hereafter, materials that 
     shall identify clearly and separately the amounts requested 
     in the budget for appropriation for that fiscal year for 
     salaries and expenses related to administrative activities of 
     the Department of Defense, the military departments, and the 
     defense agencies.
       Sec. 8033. Notwithstanding any other provision of law, 
     funds available during the current fiscal year and hereafter 
     for ``Drug Interdiction and Counter-Drug Activities, 
     Defense'' may be obligated for the Young Marines program.


                     (including transfer of funds)

       Sec. 8034. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 10109510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8035. (a) In General.--Notwithstanding any other 
     provision of law, the Secretary of the Air Force may convey 
     at no cost to the Air Force, without consideration, to Indian 
     tribes located in the States of North Dakota, South Dakota, 
     Montana, and Minnesota relocatable military housing units 
     located at Grand Forks Air Force Base and Minot Air Force 
     Base that are excess to the needs of the Air Force.
       (b) Processing of Requests.--The Secretary of the Air Force 
     shall convey, at no cost to the Air Force, military housing 
     units under subsection (a) in accordance with the request for 
     such units that are submitted to the Secretary by the 
     Operation Walking Shield Program on behalf of Indian tribes 
     located in the States of North Dakota, South Dakota, Montana, 
     and Minnesota.
       (c) Resolution of Housing Unit Conflicts.--The Operation 
     Walking Shield Program shall resolve any conflicts among 
     requests of Indian tribes for housing units under subsection 
     (a) before submitting requests to the Secretary of the Air 
     Force under subsection (b).
       (d) Indian Tribe Defined.--In this section, the term 
     ``Indian tribe'' means any recognized Indian tribe included 
     on the current list published by the Secretary of the 
     Interior under section 104 of the Federally Recognized Indian 
     Tribe Act of 1994 (Public Law 103 09454; 108 Stat. 4792; 25 
     U.S.C. 479a-1).
       Sec. 8036. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8037. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2007 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2007 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2007 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8038. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2007: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947, as amended, shall 
     remain available until September 30, 2007.
       Sec. 8039. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8040. Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $10,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8041. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).

[[Page 29457]]

       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8042. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support: Provided, That 
     this limitation shall not apply to contracts in an amount of 
     less than $25,000, contracts related to improvements of 
     equipment that is in development or production, or contracts 
     as to which a civilian official of the Department of Defense, 
     who has been confirmed by the Senate, determines that the 
     award of such contract is in the interest of the national 
     defense.
       Sec. 8043. (a) Except as provided in subsection (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program; or
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats.
       Sec. 8044. The Secretary of Defense, acting through the 
     Office of Economic Adjustment of the Department of Defense, 
     may use funds made available in this Act under the heading 
     ``Operation and Maintenance, Defense-Wide'' to make grants 
     and supplement other Federal funds in accordance with the 
     guidance provided in the Joint Explanatory Statement of the 
     Committee of Conference to accompany the conference report on 
     the bill H.R. 2863, and the projects specified in such 
     guidance shall be considered to be authorized by law.


                             (Rescissions)

       Sec. 8045. Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       ``Missile Procurement, Army, 2004/2006'', $20,000,000;
       ``Missile Procurement, Army, 2005/2007'', $14,931,000;
       ``Other Procurement, Army, 2005/2007'', $68,637,000;
       ``Aircraft Procurement, Navy, 2005/2007'', $16,800,000;
       ``Shipbuilding and Conversion, Navy, 2005/2009'', 
     $42,200,000;
       ``Other Procurement, Navy, 2005/2007'', $43,000,000;
       ``Procurement, Marine Corps, 2005/2007'', $4,300,000;
       ``Missile Procurement, Air Force, 2005/2007'', $92,000,000;
       ``Other Procurement, Air Force, 2005/2007'', $3,400,000;
       ``Research, Development, Test and Evaluation, Army, 2005/
     2006'', $4,300,000;
       ``Research, Development, Test and Evaluation, Navy, 2005/
     2006'', $32,755,000; and
       ``Research, Development, Test and Evaluation, Air Force, 
     2005/2006'', $63,400,000.
       Sec. 8046. None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, the Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8047. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of North Korea 
     unless specifically appropriated for that purpose.
       Sec. 8048. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Combatant Commands 
     and Defense Agencies shall be available for reimbursement of 
     pay, allowances and other expenses which would otherwise be 
     incurred against appropriations for the National Guard and 
     Reserve when members of the National Guard and Reserve 
     provide intelligence or counterintelligence support to 
     Combatant Commands, Defense Agencies and Joint Intelligence 
     Activities, including the activities and programs included 
     within the National Intelligence Program, the Joint Military 
     Intelligence Program, and the Tactical Intelligence and 
     Related Activities aggregate: Provided, That nothing in this 
     section authorizes deviation from established Reserve and 
     National Guard personnel and training procedures.
       Sec. 8049. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8050. Up to $2,000,000 of the funds appropriated under 
     the heading, ``Operation and Maintenance, Navy'' may be made 
     available to contract for the installation, repair, and 
     maintenance of an on-base and adjacent off-base wastewater/
     treatment facility and infrastructure critical to base 
     operations and the public health and safety of community 
     residents in the vicinity of the NCTAMS.
       Sec. 8051. Notwithstanding any other provision of law, that 
     not more than 35 percent of funds provided in this Act for 
     environmental remediation may be obligated under indefinite 
     delivery/indefinite quantity contracts with a total contract 
     value of $130,000,000 or higher.
       Sec. 8052. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.
       Sec. 8053. Up to $3,000,000 of the funds appropriated in 
     Title II of this Act under the heading, ``Operation and 
     Maintenance, Army'', may be made available to contract with 
     the Army Historical Foundation, a nonprofit organization, for 
     services required to solicit non-Federal donations to support 
     construction and operation of the National Museum of the 
     United States Army at Fort Belvoir, Virginia: Provided, That 
     notwithstanding any other provision of law, the Army is 
     authorized to receive future payments in this or the 
     subsequent fiscal year from any nonprofit organization 
     chartered to support the National Museum of the United States 
     Army to reimburse amounts expended by the Army pursuant to 
     this section: Provided further, That any reimbursements 
     received pursuant to this section shall be merged with 
     ``Operation and Maintenance, Army'' and shall be made 
     available for the same purposes and for the same time period 
     as that appropriation account.


                          (transfer of funds)

       Sec. 8054. Appropriations available under the heading 
     ``Operation and Maintenance, Defense-Wide'' for the current 
     fiscal year and hereafter for increasing energy and water 
     efficiency in Federal buildings may, during their period of 
     availability, be transferred to other appropriations or funds 
     of the Department of Defense for projects related to 
     increasing energy and water efficiency, to be merged with and 
     to be available for the same general purposes, and for the 
     same time period, as the appropriation or fund to which 
     transferred.
       Sec. 8055. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8056. None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8057. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense during the 
     current fiscal year for construction or service performed in 
     whole or in part in a State (as defined in section 381(d) of 
     title 10, United States Code) which is not contiguous with 
     another State and has an

[[Page 29458]]

     unemployment rate in excess of the national average rate of 
     unemployment as determined by the Secretary of Labor, shall 
     include a provision requiring the contractor to employ, for 
     the purpose of performing that portion of the contract in 
     such State that is not contiguous with another State, 
     individuals who are residents of such State and who, in the 
     case of any craft or trade, possess or would be able to 
     acquire promptly the necessary skills: Provided, That the 
     Secretary of Defense may waive the requirements of this 
     section, on a case-by-case basis, in the interest of national 
     security.
       Sec. 8058. None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress: Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8059. (a) Limitation on Transfer of Defense Articles 
     and Services.--Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Foreign Relations of 
     the Senate are notified 15 days in advance of such transfer.
       (b) Covered Activities.--This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) Required Notice.--A notice under subsection (a) shall 
     include the following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8060. None of the funds available to the Department of 
     Defense under this Act shall be obligated or expended to pay 
     a contractor under a contract with the Department of Defense 
     for costs of any amount paid by the contractor to an employee 
     when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.


                     (including transfer of funds)

       Sec. 8061. During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8062. During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account: Provided further, That the total 
     amount charged to a current appropriation under this section 
     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 8063. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8064. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8065. None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Intelligence 
     Program: Provided further, That the Secretary of Defense may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that it is in the national 
     security interest to do so.
       Sec. 8066. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to American Samoa, and 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to the Indian Health 
     Service when it is in conjunction with a civil-military 
     project.
       Sec. 8067. None of the funds made available in this Act may 
     be used to approve or license the sale of the F/A-22 advanced 
     tactical fighter to any foreign government.
       Sec. 8068. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8069. (a) Prohibition.--None of the funds made 
     available by this Act may be used to support any training 
     program involving a unit of the security forces of a foreign 
     country if the Secretary of Defense has received credible 
     information from the Department of State that the unit has 
     committed a gross violation of human rights, unless all 
     necessary corrective steps have been taken.
       (b) Monitoring.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall ensure that prior to a 
     decision to conduct any training program referred to in 
     subsection (a), full consideration is given to all credible 
     information available to the Department of State relating to 
     human rights violations by foreign security forces.
       (c) Waiver.--The Secretary of Defense, after consultation 
     with the Secretary of State, may waive the prohibition in 
     subsection (a) if he determines that such waiver is required 
     by extraordinary circumstances.
       (d) Report.--Not more than 15 days after the exercise of 
     any waiver under subsection (c), the

[[Page 29459]]

     Secretary of Defense shall submit a report to the 
     congressional defense committees describing the extraordinary 
     circumstances, the purpose and duration of the training 
     program, the United States forces and the foreign security 
     forces involved in the training program, and the information 
     relating to human rights violations that necessitates the 
     waiver.
       Sec. 8070. None of the funds appropriated or made available 
     in this Act to the Department of the Navy shall be used to 
     develop, lease or procure the T-AKE class of ships unless the 
     main propulsion diesel engines and propulsors are 
     manufactured in the United States by a domestically operated 
     entity: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes or there exists a significant cost or 
     quality difference.
       Sec. 8071. None of the funds appropriated or otherwise made 
     available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8072. Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any new 
     start advanced concept technology demonstration project may 
     only be obligated 30 days after a report, including a 
     description of the project, the planned acquisition and 
     transition strategy and its estimated annual and total cost, 
     has been provided in writing to the congressional defense 
     committees: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying to the 
     congressional defense committees that it is in the national 
     interest to do so.
       Sec. 8073. The Secretary of Defense shall provide a 
     classified quarterly report beginning 30 days after enactment 
     of this Act, to the House and Senate Appropriations 
     Committees, Subcommittees on Defense on certain matters as 
     directed in the classified annex accompanying this Act.
       Sec. 8074. During the current fiscal year, refunds 
     attributable to the use of the Government travel card, 
     refunds attributable to the use of the Government Purchase 
     Card and refunds attributable to official Government travel 
     arranged by Government Contracted Travel Management Centers 
     may be credited to operation and maintenance, and research, 
     development, test and evaluation accounts of the Department 
     of Defense which are current when the refunds are received.
       Sec. 8075. (a) Registering Financial Management Information 
     Technology Systems With DOD Chief Information Officer.--None 
     of the funds appropriated in this Act may be used for a 
     mission critical or mission essential financial management 
     information technology system (including a system funded by 
     the defense working capital fund) that is not registered with 
     the Chief Information Officer of the Department of Defense. A 
     system shall be considered to be registered with that officer 
     upon the furnishing to that officer of notice of the system, 
     together with such information concerning the system as the 
     Secretary of Defense may prescribe. A financial management 
     information technology system shall be considered a mission 
     critical or mission essential information technology system 
     as defined by the Under Secretary of Defense (Comptroller).
       (b) Certifications as to Compliance With Financial 
     Management Modernization Plan.--
       (1) During the current fiscal year, a financial management 
     automated information system, a mixed information system 
     supporting financial and non-financial systems, or a system 
     improvement of more than $1,000,000 may not receive Milestone 
     A approval, Milestone B approval, or full rate production, or 
     their equivalent, within the Department of Defense until the 
     Under Secretary of Defense (Comptroller) certifies, with 
     respect to that milestone, that the system is being developed 
     and managed in accordance with the Department's Financial 
     Management Modernization Plan. The Under Secretary of Defense 
     (Comptroller) may require additional certifications, as 
     appropriate, with respect to any such system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1).
       (c) Certifications as to Compliance With Clinger-Cohen 
     Act.--
       (1) During the current fiscal year, a major automated 
     information system may not receive Milestone A approval, 
     Milestone B approval, or full rate production approval, or 
     their equivalent, within the Department of Defense until the 
     Chief Information Officer certifies, with respect to that 
     milestone, that the system is being developed in accordance 
     with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
     The Chief Information Officer may require additional 
     certifications, as appropriate, with respect to any such 
     system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1). Each such notification 
     shall include, at a minimum, the funding baseline and 
     milestone schedule for each system covered by such a 
     certification and confirmation that the following steps have 
     been taken with respect to the system:
       (A) Business process reengineering.
       (B) An analysis of alternatives.
       (C) An economic analysis that includes a calculation of the 
     return on investment.
       (D) Performance measures.
       (E) An information assurance strategy consistent with the 
     Department's Global Information Grid.
       (d) Definitions.--For purposes of this section:
       (1) The term ``Chief Information Officer'' means the senior 
     official of the Department of Defense designated by the 
     Secretary of Defense pursuant to section 3506 of title 44, 
     United States Code.
       (2) The term ``information technology system'' has the 
     meaning given the term ``information technology'' in section 
     5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
       Sec. 8076. During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis: Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority: Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8077. Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of Title 32 may perform duties in support of the 
     ground-based elements of the National Ballistic Missile 
     Defense System.
       Sec. 8078. None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary-tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8079. Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in section 508(d) of title 32, United 
     States Code, or any other youth, social, or fraternal non-
     profit organization as may be approved by the Chief of the 
     National Guard Bureau, or his designee, on a case-by-case 
     basis.
       Sec. 8080. None of the funds appropriated by this Act shall 
     be used for the support of any nonappropriated funds activity 
     of the Department of Defense that procures malt beverages and 
     wine with nonappropriated funds for resale (including such 
     alcoholic beverages sold by the drink) on a military 
     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of 
     Columbia, in which the military installation is located: 
     Provided, That in a case in which the military installation 
     is located in more than one State, purchases may be made in 
     any State in which the installation is located: Provided 
     further, That such local procurement requirements for malt 
     beverages and wine shall apply to all alcoholic beverages 
     only for military installations in States which are not 
     contiguous with another State: Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8081. Funds available to the Department of Defense for 
     the Global Positioning System during the current fiscal year 
     may be used to fund civil requirements associated with the 
     satellite and ground control segments of such system's 
     modernization program.


                     (including transfer of funds)

       Sec. 8082. Of the amounts appropriated in this Act under 
     the heading, ``Operation and Maintenance, Army'', 
     $147,900,000 shall remain available until expended: Provided, 
     That notwithstanding any other provision of law, the 
     Secretary of Defense is authorized to transfer such funds to 
     other activities of the Federal Government: Provided further, 
     That the Secretary of Defense is authorized to enter into and 
     carry

[[Page 29460]]

     out contracts for the acquisition of real property, 
     construction, personal services, and operations related to 
     projects described in further detail in the Classified Annex 
     accompanying the Department of Defense Appropriations Act, 
     2006, consistent with the terms and conditions set forth 
     therein: Provided further, That contracts entered into under 
     the authority of this section may provide for such 
     indemnification as the Secretary determines to be necessary: 
     Provided further, That projects authorized by this section 
     shall comply with applicable Federal, State, and local law to 
     the maximum extent consistent with the national security, as 
     determined by the Secretary of Defense.
       Sec. 8083. Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2006.
       Sec. 8084. In addition to amounts provided elsewhere in 
     this Act, $2,200,000 is hereby appropriated to the Department 
     of Defense, to remain available for obligation until 
     expended: Provided, That notwithstanding any other provision 
     of law, these funds shall be available only for a grant to 
     the Fisher House Foundation, Inc., only for the construction 
     and furnishing of additional Fisher Houses to meet the needs 
     of military family members when confronted with the illness 
     or hospitalization of an eligible military beneficiary.
       Sec. 8085. (a) The Secretary of Defense, in coordination 
     with the Secretary of Health and Human Services, may carry 
     out a program to distribute surplus dental and medical 
     equipment of the Department of Defense, at no cost to the 
     Department of Defense, to Indian Health Service facilities 
     and to federally-qualified health centers (within the meaning 
     of section 1905(l)(2)(B) of the Social Security Act (42 
     U.S.C. 1396d(l)(2)(B))).
       (b) In carrying out this provision, the Secretary of 
     Defense shall give the Indian Health Service a property 
     disposal priority equal to the priority given to the 
     Department of Defense and its twelve special screening 
     programs in distribution of surplus dental and medical 
     supplies and equipment.
       Sec. 8086. Amounts appropriated in title II of this Act are 
     hereby reduced by $265,000,000 to reflect savings 
     attributable to efficiencies and management improvements in 
     the funding of miscellaneous or other contracts in the 
     military departments, as follows:
       (1) From ``Operation and Maintenance, Army'', $26,000,000.
       (2) From ``Operation and Maintenance, Navy'', $85,000,000.
       (3) From ``Operation and Maintenance, Air Force'', 
     $154,000,000.
       Sec. 8087. The total amount appropriated or otherwise made 
     available in this Act is hereby reduced by $100,000,000 to 
     limit excessive growth in the procurement of advisory and 
     assistance services, to be distributed as follows:
       ``Operation and Maintenance, Army'', $25,000,000.
       ``Operation and Maintenance, Navy'', $10,000,000.
       ``Operation and Maintenance, Air Force'', $30,000,000.
       ``Operation and Maintenance, Defense-Wide'', $35,000,000.


                     (including transfer of funds)

       Sec. 8088. Of the amounts appropriated in this Act under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $132,866,000 shall be made available for the 
     Arrow missile defense program: Provided, That of this amount, 
     $60,250,000 shall be available for the purpose of producing 
     Arrow missile components in the United States and Arrow 
     missile components and missiles in Israel to meet Israel's 
     defense requirements, consistent with each nation's laws, 
     regulations and procedures, and $10,000,000 shall be 
     available for the purpose of the initiation of a joint 
     feasibility study designated the Short Range Ballistic 
     Missile Defense (SRBMD) initiative: Provided further, That 
     funds made available under this provision for production of 
     missiles and missile components may be transferred to 
     appropriations available for the procurement of weapons and 
     equipment, to be merged with and to be available for the same 
     time period and the same purposes as the appropriation to 
     which transferred: Provided further, That the transfer 
     authority provided under this provision is in addition to any 
     other transfer authority contained in this Act.


                     (including transfer of funds)

       Sec. 8089. Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $517,523,000 shall be available until September 30, 2006, to 
     fund prior year shipbuilding cost increases: Provided, That 
     upon enactment of this Act, the Secretary of the Navy shall 
     transfer such funds to the following appropriations in the 
     amounts specified: Provided further, That the amounts 
     transferred shall be merged with and be available for the 
     same purposes as the appropriations to which transferred:
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2006'':
       New SSN, $28,000,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1999/2006'':
       LPD-17 Amphibious Transport Dock Ship Program, $95,000,000;
       New SSN, $72,000,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2000/2006'':
       LPD-17 Amphibious Transport Dock Ship Program, $94,800,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2001/2006'':
       Carrier Replacement Program, $145,023,000;
       New SSN, $82,700,000.
       Sec. 8090. The Secretary of the Navy may settle, or 
     compromise, and pay any and all admiralty claims under 
     section 7622 of title 10, United States Code arising out of 
     the collision involving the U.S.S. GREENEVILLE and the EHIME 
     MARU, in any amount and without regard to the monetary 
     limitations in subsections (a) and (b) of that section: 
     Provided, That such payments shall be made from funds 
     available to the Department of the Navy for operation and 
     maintenance.
       Sec. 8091. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of section 7403(g) of title 38, United States Code 
     for occupations listed in section 7403(a)(2) of title 38, 
     United States Code as well as the following:
       Pharmacists, Audiologists, and Dental Hygienists.
       (A) The requirements of section 7403(g)(1)(A) of title 38, 
     United States Code shall apply.
       (B) The limitations of section 7403(g)(1)(B) of title 38, 
     United States Code shall not apply.
       Sec. 8092. Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2006 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2006.
       Sec. 8093. None of the funds in this Act may be used to 
     initiate a new start program without prior written 
     notification to the Office of Secretary of Defense and the 
     congressional defense committees.
       Sec. 8094. The amounts appropriated in title II of this Act 
     are hereby reduced by $250,000,000 to reflect cash balance 
     and rate stabilization adjustments in Department of Defense 
     Working Capital Funds, as follows:
       (1) From ``Operation and Maintenance, Army'', $100,000,000.
       (2) From ``Operation and Maintenance, Navy'', $50,000,000.
       (3) From ``Operation and Maintenance, Air Force'', 
     $100,000,000.
       Sec. 8095. (a) In addition to the amounts provided 
     elsewhere in this Act, the amount of $5,100,000 is hereby 
     appropriated to the Department of Defense for ``Operation and 
     Maintenance, Army National Guard''. Such amount shall be made 
     available to the Secretary of the Army only to make a grant 
     in the amount of $5,100,000 to the entity specified in 
     subsection (b) to facilitate access by veterans to 
     opportunities for skilled employment in the construction 
     industry.
       (b) The entity referred to in subsection (a) is the Center 
     for Military Recruitment, Assessment and Veterans Employment, 
     a nonprofit labor-management co-operation committee provided 
     for by section 302(c)(9) of the Labor-Management Relations 
     Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth 
     in section 6(b) of the Labor Management Cooperation Act of 
     1978 (29 U.S.C. 175a note).
       Sec. 8096. Financing and Fielding of Key Army 
     Capabilities.--The Department of Defense and the Department 
     of the Army shall make future budgetary and programming plans 
     to fully finance the Non-Line of Sight Future Force cannon 
     and resupply vehicle program (NLOS-C) in order to field this 
     system in fiscal year 2010, consistent with the broader plan 
     to field the Future Combat System (FCS) in fiscal year 2010: 
     Provided, That if the Army is precluded from fielding the FCS 
     program by fiscal year 2010, then the Army shall develop the 
     NLOS-C independent of the broader FCS development timeline to 
     achieve fielding by fiscal year 2010. In addition the Army 
     will deliver eight (8) combat operational pre-production 
     NLOS-C systems by the end of calendar year 2008. These 
     systems shall be in addition to those systems necessary for 
     developmental and operational testing: Provided further, That 
     the Army shall ensure that budgetary and programmatic plans 
     will provide for no fewer than seven (7) Stryker Brigade 
     Combat Teams.
       Sec. 8097. Up to $2,125,000 of the funds appropriated under 
     the heading ``Operation and Maintenance, Navy'' in this Act 
     for the Pacific Missile Range Facility may be made available 
     to contract for the repair, maintenance, and operation of 
     adjacent off-base water, drainage, and flood control systems, 
     electrical upgrade to support additional missions critical to 
     base operations, and support for a range footprint expansion 
     to further guard against encroachment.
       Sec. 8098. In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $33,350,000 
     is hereby appropriated to the Department of Defense, to 
     remain available until September 30, 2006: Provided, That the 
     Secretary of Defense shall make grants in the amounts 
     specified as follows: $3,850,000 to the Intrepid Sea-Air-
     Space Foundation; $1,000,000 to the Pentagon Memorial Fund, 
     Inc.; $4,400,000 to the Center for Applied Science and 
     Technologies at Jordan Valley Innovation Center; $1,000,000 
     to the Vietnam Veterans Memorial Fund for the Teach Vietnam 
     initiative; $500,000 to the Westchester County World Trade 
     Center Memorial; $1,000,000 to the Women in Military Service 
     for America Memorial Foundation; $2,000,000 to The Presidio 
     Trust; $500,000 to George Mason University for the Clinic for 
     Legal Assistance to Servicemembers; $850,000 to the Fort Des 
     Moines Memorial Park and Education Center; $1,000,000 to the 
     American Civil

[[Page 29461]]

     War Center at Historic Tredegar; $1,500,000 to the Museum of 
     Flight, American Heroes Collection; $1,000,000 to the 
     National Guard Youth Foundation; $2,550,000 to the United 
     Services Organization; $1,700,000 to the Dwight D. Eisenhower 
     Memorial Commission; $1,000,000 to the Iraq Cultural Heritage 
     Assistance Project; $1,350,000 to the Pacific Aviation 
     Museum-Pearl Harbor; $1,500,000 to the Red Cross Consolidated 
     Blood Services Facility; $150,000 to the Telluride Adaptive 
     Sports Program; $4,000,000 to T.H.A.N.K.S USA; $1,500,000 to 
     the Battleship Texas Foundation to Restore and Preserve the 
     Battleship Texas; and $1,000,000 to the Pennsylvania Veterans 
     Museum Media Armory.
       Sec. 8099. Notwithstanding section 2583(a) of title 10, 
     United States Code, but subject to the limitations of section 
     2583(e) of title 10, United States Code, during the current 
     fiscal year the Secretary of the military department 
     concerned may make a military working dog available for 
     adoption by its former handler.
       Sec. 8100. The budget of the President for fiscal year 2007 
     submitted to the Congress pursuant to section 1105 of title 
     31, United States Code shall include separate budget 
     justification documents for costs of United States Armed 
     Forces' participation in contingency operations for the 
     Military Personnel accounts, the Operation and Maintenance 
     accounts, and the Procurement accounts: Provided, That these 
     documents shall include a description of the funding 
     requested for each contingency operation, for each military 
     service, to include all Active and Reserve components, and 
     for each appropriations account: Provided further, That these 
     documents shall include estimated costs for each element of 
     expense or object class, a reconciliation of increases and 
     decreases for each contingency operation, and programmatic 
     data including, but not limited to, troop strength for each 
     Active and Reserve component, and estimates of the major 
     weapons systems deployed in support of each contingency: 
     Provided further, That these documents shall include budget 
     exhibits OP-5 and OP-32 (as defined in the Department of 
     Defense Financial Management Regulation) for all contingency 
     operations for the budget year and the two preceding fiscal 
     years.
       Sec. 8101. None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.
       Sec. 8102. Of the amounts provided in title II of this Act 
     under the heading, ``Operation and Maintenance, Defense-
     Wide'', $20,000,000 is available for the Regional Defense 
     Counter-terrorism Fellowship Program, to fund the education 
     and training of foreign military officers, ministry of 
     defense civilians, and other foreign security officials, to 
     include United States military officers and civilian 
     officials whose participation directly contributes to the 
     education and training of these foreign students.
       Sec. 8103. None of the funds appropriated or made available 
     in this Act shall be used to reduce or disestablish the 
     operation of the 53rd Weather Reconnaissance Squadron of the 
     Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act: Provided, That the Air Force shall allow the 53rd 
     Weather Reconnaissance Squadron to perform other missions in 
     support of national defense requirements during the non-
     hurricane season.
       Sec. 8104. None of the funds provided in this Act shall be 
     available for integration of foreign intelligence information 
     unless the information has been lawfully collected and 
     processed during the conduct of authorized foreign 
     intelligence activities: Provided, That information 
     pertaining to United States persons shall only be handled in 
     accordance with protections provided in the Fourth Amendment 
     of the United States Constitution as implemented through 
     Executive Order No. 12333.
       Sec. 8105. (a) From within amounts made available in title 
     II of this Act, under the heading ``Operation and 
     Maintenance, Army'', and notwithstanding any other provision 
     of law, up to $7,000,000 shall be available only for repairs 
     and safety improvements to the segment of Fort Irwin Road 
     which extends from Interstate 15 northeast toward the 
     boundary of Fort Irwin, California and the originating 
     intersection of Irwin Road: Provided, That these funds shall 
     remain available until expended: Provided further, That the 
     authorized scope of work includes, but is not limited to, 
     environmental documentation and mitigation, engineering and 
     design, improving safety, resurfacing, widening lanes, 
     enhancing shoulders, and replacing signs and pavement 
     markings: Provided further, That these funds may be used for 
     advances to the Federal Highway Administration, Department of 
     Transportation, for the authorized scope of work.
       (b) From within amounts made available in title II of this 
     Act under the heading ``Operation and Maintenance, Marine 
     Corps'', the Secretary of the Navy shall make a grant in the 
     amount of $4,800,000, notwithstanding any other provision of 
     law, to the City of Twentynine Palms, California, for the 
     widening of off-base Adobe Road, which is used by members of 
     the Marine Corps stationed at the Marine Corps Air Ground 
     Task Force Training Center, Twentynine Palms, California, and 
     their dependents, and for construction of pedestrian and bike 
     lanes for the road, to provide for the safety of the Marines 
     stationed at the installation.
       Sec. 8106. None of the funds available to the Department of 
     Defense may be obligated to modify command and control 
     relationships to give Fleet Forces Command administrative and 
     operational control of U.S. Navy forces assigned to the 
     Pacific fleet: Provided, That the command and control 
     relationships which existed on October 1, 2004, shall remain 
     in force unless changes are specifically authorized in a 
     subsequent Act.
       Sec. 8107. (a) At the time members of reserve components of 
     the Armed Forces are called or ordered to active duty under 
     section 12302(a) of title 10, United States Code, each member 
     shall be notified in writing of the expected period during 
     which the member will be mobilized.
       (b) The Secretary of Defense may waive the requirements of 
     subsection (a) in any case in which the Secretary determines 
     that it is necessary to do so to respond to a national 
     security emergency or to meet dire operational requirements 
     of the Armed Forces.


                     (including transfer of funds)

       Sec. 8108. The Secretary of Defense may transfer funds from 
     any available Department of the Navy appropriation to any 
     available Navy ship construction appropriation for the 
     purpose of liquidating necessary changes resulting from 
     inflation, market fluctuations, or rate adjustments for any 
     ship construction program appropriated in law: Provided, That 
     the Secretary may transfer not to exceed $100,000,000 under 
     the authority provided by this section: Provided further, 
     That the funding transferred shall be available for the same 
     time period as the appropriation to which transferred: 
     Provided further, That the Secretary may not transfer any 
     funds until 30 days after the proposed transfer has been 
     reported to the Committees on Appropriations of the Senate 
     and the House of Representatives, unless sooner notified by 
     the Committees that there is no objection to the proposed 
     transfer: Provided further, That the transfer authority 
     provided by this section is in addition to any other transfer 
     authority contained elsewhere in this Act.
       Sec. 8109. (a) The total amount appropriated or otherwise 
     made available in title II of this Act is hereby reduced by 
     $92,000,000 to limit excessive growth in the travel and 
     transportation of persons.
       (b) The Secretary of Defense shall allocate this reduction 
     proportionately to each budget activity, activity group, 
     subactivity group, and each program, project, and activity 
     within each applicable appropriation account.
       Sec. 8110. In addition to funds made available elsewhere in 
     this Act, $5,500,000 is hereby appropriated and shall remain 
     available until expended to provide assistance, by grant or 
     otherwise (such as, but not limited to, the provision of 
     funds for repairs, maintenance, construction, and/or for the 
     purchase of information technology, text books, teaching 
     resources), to public schools that have unusually high 
     concentrations of special needs military dependents enrolled: 
     Provided, That in selecting school systems to receive such 
     assistance, special consideration shall be given to school 
     systems in States that are considered overseas assignments, 
     and all schools within these school systems shall be eligible 
     for assistance: Provided further, That up to 2 percent of the 
     total appropriated funds under this section shall be 
     available to support the administration and execution of the 
     funds or program and/or events that promote the purpose of 
     this appropriation (e.g. payment of travel and per diem of 
     school teachers attending conferences or a meeting that 
     promotes the purpose of this appropriation and/or consultant 
     fees for on-site training of teachers, staff, or Joint 
     Venture Education Forum (JVEF) Committee members): Provided 
     further, That up to $2,000,000 shall be available for the 
     Department of Defense to establish a non-profit trust fund to 
     assist in the public-private funding of public school repair 
     and maintenance projects, or provide directly to non-profit 
     organizations who in return will use these monies to provide 
     assistance in the form of repair, maintenance, or renovation 
     to public school systems that have high concentrations of 
     special needs military dependents and are located in States 
     that are considered overseas assignments: Provided further, 
     That to the extent a Federal agency provides this assistance, 
     by contract, grant, or otherwise, it may accept and expend 
     non-Federal funds in combination with these Federal funds to 
     provide assistance for the authorized purpose, if the non-
     Federal entity requests such assistance and the non-Federal 
     funds are provided on a reimbursable basis.
       Sec. 8111. Of the funds appropriated or otherwise made 
     available in this Act, a reduction of $361,000,000 is hereby 
     taken from Title III, Procurement, from the following 
     accounts in the specified amounts:
       ``Missile Procurement, Army'', $9,000,000;
       ``Other Procurement, Army'', $297,000,000; and
       ``Procurement, Marine Corps'', $55,000,000:
     Provided, That within 30 days of enactment of this Act, the 
     Secretary of the Army and the Secretary of the Navy shall 
     provide a report to the House Committee on Appropriations and 
     the Senate Committee on Appropriations which describes the 
     application of these reductions to programs, projects or 
     activities within these accounts.


                     (including transfer of funds)

       Sec. 8112. (a) Three-Year Extension.--During the current 
     fiscal year and each of fiscal years 2007 and 2008, the 
     Secretary of Defense may transfer not more than $20,000,000 
     of unobligated balances remaining in the expiring RDT&E, 
     Army, appropriation account to a current Research, 
     Development, Test and Evaluation, Army, appropriation account 
     to be used only for the continuation of the Army Venture 
     Capital Fund demonstration.
       (b) Expiring RDT&E, Army, Account.--For purposes of this 
     section, for any fiscal year, the expiring RDT&E, Army, 
     account is the Research, Development, Test and Evaluation,

[[Page 29462]]

     Army, appropriation account that is then in its last fiscal 
     year of availability for obligation before the account closes 
     under section 1552 of title 31, United States Code.
       (c) Army Venture Capital Fund Demonstration.--For purposes 
     of this section, the Army Venture Capital Fund demonstration 
     is the program for which funds were initially provided in 
     section 8150 of the Department of Defense Appropriations Act, 
     2002 (division A of Public Law 107-117; 115 Stat. 2281), as 
     extended and revised in section 8105 of Department of Defense 
     Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 
     1562).
       (d) Administrative Provisions.--The provisos in section 
     8105 of the Department of Defense Appropriations Act, 2003 
     (Public Law 107-248; 116 Stat. 1562), shall apply with 
     respect to amounts transferred under this section in the same 
     manner as to amounts transferred under that section.
       Sec. 8113. Of the funds made available in this Act, not 
     less than $76,100,000 shall be available to maintain an 
     attrition reserve force of 18 B-52 aircraft, of which 
     $3,900,000 shall be available from ``Military Personnel, Air 
     Force'', $44,300,000 shall be available from ``Operation and 
     Maintenance, Air Force'', and $27,900,000 shall be available 
     from ``Aircraft Procurement, Air Force'': Provided, That the 
     Secretary of the Air Force shall maintain a total force of 94 
     B-52 aircraft, including 18 attrition reserve aircraft, 
     during fiscal year 2006: Provided further, That the Secretary 
     of Defense shall include in the Air Force budget request for 
     fiscal year 2007 amounts sufficient to maintain a B-52 force 
     totaling 94 aircraft.
       Sec. 8114. The Secretary of the Air Force is authorized, 
     using funds available under the heading ``Operation and 
     Maintenance, Air Force'', to complete a phased repair 
     project, which repairs may include upgrades and additions, to 
     the infrastructure of the operational ranges managed by the 
     Air Force in Alaska: Provided, That the total cost of such 
     phased projects shall not exceed $32,000,000.
       Sec. 8115. For purposes of section 612 of title 41, United 
     States Code, any subdivision of appropriations made under the 
     heading ``Shipbuilding and Conversion, Navy'' that is not 
     closed at the time reimbursement is made shall be available 
     to reimburse the Judgment Fund and shall be considered for 
     the same purposes as any subdivision under the heading 
     ``Shipbuilding and Conversion, Navy'' appropriations in the 
     current fiscal year or any prior fiscal year.


                          (TRANSFER OF FUNDS)

       Sec. 8116. Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfer of funds: Provided, 
     That funds so transferred shall be merged with and shall be 
     available for the same purpose and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the amounts shall be transferred between the following 
     appropriations in the amounts specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2003/2007'':
       For outfitting, post delivery, conversions, and first 
     destination transportation, $3,300,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2004/2008'':
       For outfitting, post delivery, conversions, and first 
     destination transportation, $6,100,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2003/2007'':
       SSGN, $3,300,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2004/2008'':
       SSGN, $6,100,000.
       Sec. 8117. (a) Findings.--The Senate makes the following 
     findings:
       (1) The Department of Defense Appropriations Act, 2004 
     (Public Law 108-87), the Department of Defense Appropriations 
     Act, 2005 (Public Law 108-287), and the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Tsunami Relief, 2005 (Public Law 109-13) each 
     contain a sense of the Senate provision urging the President 
     to provide in the annual budget requests of the President for 
     a fiscal year under section 1105(a) of title 31, United 
     States Code, an estimate of the cost of ongoing military 
     operations in Iraq and Afghanistan in such fiscal year.
       (2) The budget for fiscal year 2006 submitted to Congress 
     by the President on February 7, 2005, requests no funds for 
     fiscal year 2006 for ongoing military operations in Iraq or 
     Afghanistan.
       (3) According to the Congressional Research Service, there 
     exists historical precedent for including the cost of ongoing 
     military operations in the annual budget requests of the 
     President following initial funding for such operations by 
     emergency or supplemental appropriations Acts, including--
       (A) funds for Operation Noble Eagle, beginning in the 
     budget request of President George W. Bush for fiscal year 
     2005;
       (B) funds for operations in Kosovo, beginning in the budget 
     request of President George W. Bush for fiscal year 2001;
       (C) funds for operations in Bosnia, beginning in the budget 
     request of President Clinton for fiscal year 1997;
       (D) funds for operations in Southwest Asia, beginning in 
     the budget request of President Clinton for fiscal year 1997;
       (E) funds for operations in Vietnam, beginning in the 
     budget request of President Johnson for fiscal year 1966; and
       (F) funds for World War II, beginning in the budget request 
     of President Roosevelt for fiscal year 1943.
       (4) In section 1024(b) of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (119 Stat. 252), the Senate requested 
     that the President submit to Congress, not later than 
     September 1, 2005, an amendment to the budget of the 
     President for fiscal year 2006 setting forth detailed cost 
     estimates for ongoing military operations overseas during 
     such fiscal year.
       (5) The President has yet to submit such an amendment.
       (6) In February 2005, the Congressional Budget Office 
     estimated that fiscal year 2006 cost of ongoing military 
     operations in Iraq and Afghanistan could total 
     $85,000,000,000.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) any request for funds for a fiscal year after fiscal 
     year 2006 for an ongoing military operation overseas, 
     including operations in Afghanistan and Iraq, should be 
     included in the annual budget of the President for such 
     fiscal year as submitted to Congress under section 1105(a) of 
     title 31, United States Code;
       (2) the President should submit a budget request for fiscal 
     year 2006 setting forth estimates for ongoing military 
     operations overseas during such fiscal year; and
       (3) any funds provided for a fiscal year for ongoing 
     military operations overseas should be provided in 
     appropriations Acts for such fiscal year through 
     appropriations to specific accounts set forth in such 
     appropriations Acts.
       Sec. 8118. Section 351(a)(3) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 1858) is amended by striking 
     ``July 31, 2004'' and inserting ``April 1, 2006''.
       Sec. 8119. (a) None of the funds appropriated by this Act 
     may be used to transfer research and development, 
     acquisition, or other program authority relating to current 
     tactical unmanned aerial vehicles (TUAVs) from the Army.
       (b) The Army shall retain responsibility for and 
     operational control of the Extended Range Multi-Purpose 
     (ERMP) Unmanned Aerial Vehicle (UAV) in order to support the 
     Secretary of Defense in matters relating to the employment of 
     unmanned aerial vehicles.
       Sec. 8120. (a) Report.--Not later than February 15, 2006, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the status of the review of, 
     and actions taken to implement, the recommendations of the 
     Comptroller General of the United States in the report of the 
     Comptroller General entitled ``Military and Veterans 
     Benefits: Enhanced Services Could Improve Transition 
     Assistance for Reserves and National Guard'' (GAO 05-544).
       (b) Particular Information.--If the Secretary has 
     determined in the course of the review described in 
     subsection (a) not to implement any recommendation of the 
     Comptroller General described in that subsection, the report 
     under that subsection shall include a justification of such 
     determination.
       Sec. 8121. (a) The Secretary of the Navy may, subject to 
     the terms and conditions of the Secretary, donate the World 
     War II-era marine railway located at the United States Naval 
     Academy, Annapolis, Maryland, to the Richardson Maritime 
     Heritage Center, Cambridge, Maryland.
       (b) The marine railway donated under subsection (a) may not 
     be used for commercial purposes.
       Sec. 8122. The Secretary of Defense may present promotional 
     materials, including a United States flag, to any member of 
     an Active or Reserve component under the Secretary's 
     jurisdiction who, as determined by the Secretary, 
     participates in Operation Enduring Freedom or Operation Iraqi 
     Freedom, along with other recognition items in conjunction 
     with any week-long national observation and day of national 
     celebration, if established by Presidential proclamation, for 
     any such members returning from such operations.
       Sec. 8123. Section 8013 of the Department of Defense 
     Appropriations Act, 1994 (Public Law 103-139; 107 Stat. 1440) 
     is amended by striking ``the report to the President from the 
     Defense Base Closure and Realignment Commission, July 1991'' 
     and inserting ``the reports to the President from the Defense 
     Base Closure and Realignment Commission, July 1991 and July 
     1993''.
       Sec. 8124. (a) Increase in Rate of Basic Pay.--
       (1) Increase.--Footnote 2 to the table on Enlisted Members 
     in section 601(b) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 37 U.S.C. 1009 
     note) is amended by striking ``or Master Chief Petty Officer 
     of the Coast Guard'' and inserting ``Master Chief Petty 
     Officer of the Coast Guard, or Senior Enlisted Advisor to the 
     Chairman of the Joint Chiefs of Staff''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on September 1, 2005, and shall apply with 
     respect to months beginning on or after that date.
       (b) Personal Money Allowance.--Section 414(c) of title 37, 
     United States Code, is amended by striking ``or the Master 
     Chief Petty Officer of the Coast Guard'' and inserting ``the 
     Master Chief Petty Officer of the Coast Guard, or the Senior 
     Enlisted Advisor to the Chairman of the Joint Chiefs of 
     Staff''.
       Sec. 8125. Notwithstanding any other provision of this Act, 
     to reflect savings from revised economic assumptions the 
     total amount appropriated in title II of this Act is hereby 
     reduced by $195,260,000, the total amount appropriated

[[Page 29463]]

     in title III of this Act is hereby reduced by $263,875,000, 
     and the total amount appropriated in title IV of this Act is 
     hereby reduced by $312,165,000: Provided, That the Secretary 
     of Defense shall allocate this reduction proportionally to 
     each budget activity, activity group, subactivity group, and 
     each program, project, and activity, within each 
     appropriation account.
       Sec. 8126. Support for Youth Organizations. (a) Short 
     Title.--This Act may be cited as the ``Support Our Scouts Act 
     of 2005''.
       (b) Support for Youth Organizations.--
       (1) Definitions.--In this subsection--
       (A) the term ``Federal agency'' means each department, 
     agency, instrumentality, or other entity of the United States 
     Government; and
       (B) the term ``youth organization''--
       (i) means any organization that is designated by the 
     President as an organization that is primarily intended to--

       (I) serve individuals under the age of 21 years;
       (II) provide training in citizenship, leadership, physical 
     fitness, service to community, and teamwork; and
       (III) promote the development of character and ethical and 
     moral values; and

       (ii) shall include--

       (I) the Boy Scouts of America;
       (II) the Girl Scouts of the United States of America;
       (III) the Boys Clubs of America;
       (IV) the Girls Clubs of America;
       (V) the Young Men's Christian Association;
       (VI) the Young Women's Christian Association;
       (VII) the Civil Air Patrol;
       (VIII) the United States Olympic Committee;
       (IX) the Special Olympics;
       (X) Campfire USA;
       (XI) the Young Marines;
       (XII) the Naval Sea Cadets Corps;
       (XIII) 4-H Clubs;
       (XIV) the Police Athletic League;
       (XV) Big Brothers--Big Sisters of America; and
       (XVI) National Guard Youth Challenge.

       (2) In general.--
       (A) Support for youth organizations.--
       (i) Support.--No Federal law (including any rule, 
     regulation, directive, instruction, or order) shall be 
     construed to limit any Federal agency from providing any form 
     of support for a youth organization (including the Boy Scouts 
     of America or any group officially affiliated with the Boy 
     Scouts of America) that would result in that Federal agency 
     providing less support to that youth organization (or any 
     similar organization chartered under the chapter of title 36, 
     United States Code, relating to that youth organization) than 
     was provided during the preceding fiscal year. This clause 
     shall be subject to the availability of appropriations.
       (ii) Youth organizations that cease to exist.--Clause (i) 
     shall not apply to any youth organization that ceases to 
     exist.
       (iii) Waivers.--The head of a Federal agency may waive the 
     application of clause (i) to any youth organization with 
     respect to each conviction or investigation described under 
     subclause (I) or (II) for a period of not more than 2 fiscal 
     years if--

       (I) any senior officer (including any member of the board 
     of directors) of the youth organization is convicted of a 
     criminal offense relating to the official duties of that 
     officer or the youth organization is convicted of a criminal 
     offense; or
       (II) the youth organization is the subject of a criminal 
     investigation relating to fraudulent use or waste of Federal 
     funds.

       (B) Types of support.--Support described under this 
     paragraph shall include--
       (i) holding meetings, camping events, or other activities 
     on Federal property;
       (ii) hosting any official event of such organization;
       (iii) loaning equipment; and
       (iv) providing personnel services and logistical support.
       (c) Support for Scout Jamborees.--
       (1) Findings.--Congress makes the following findings:
       (A) Section 8 of article I of the Constitution of the 
     United States commits exclusively to Congress the powers to 
     raise and support armies, provide and maintain a Navy, and 
     make rules for the government and regulation of the land and 
     naval forces.
       (B) Under those powers conferred by section 8 of article I 
     of the Constitution of the United States to provide, support, 
     and maintain the Armed Forces, it lies within the discretion 
     of Congress to provide opportunities to train the Armed 
     Forces.
       (C) The primary purpose of the Armed Forces is to defend 
     our national security and prepare for combat should the need 
     arise.
       (D) One of the most critical elements in defending the 
     Nation and preparing for combat is training in conditions 
     that simulate the preparation, logistics, and leadership 
     required for defense and combat.
       (E) Support for youth organization events simulates the 
     preparation, logistics, and leadership required for defending 
     our national security and preparing for combat.
       (F) For example, Boy Scouts of America's National Scout 
     Jamboree is a unique training event for the Armed Forces, as 
     it requires the construction, maintenance, and disassembly of 
     a ``tent city'' capable of supporting tens of thousands of 
     people for a week or longer. Camporees at the United States 
     Military Academy for Girl Scouts and Boy Scouts provide 
     similar training opportunities on a smaller scale.
       (2) Support.--Section 2554 of title 10, United States Code, 
     is amended by adding at the end the following:
       ``(i)(1) The Secretary of Defense shall provide at least 
     the same level of support under this section for a national 
     or world Boy Scout Jamboree as was provided under this 
     section for the preceding national or world Boy Scout 
     Jamboree.
       ``(2) The Secretary of Defense may waive paragraph (1), if 
     the Secretary--
       ``(A) determines that providing the support subject to 
     paragraph (1) would be detrimental to the national security 
     of the United States; and
       ``(B) reports such a determination to the Congress in a 
     timely manner, and before such support is not provided.''.
       (d) Equal Access for Youth Organizations.--Section 109 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5309) is amended--
       (1) in the first sentence of subsection (b) by inserting 
     ``or (e)'' after ``subsection (a)''; and
       (2) by adding at the end the following:
       ``(e) Equal Access.--
       ``(1) Definition.--In this subsection, the term `youth 
     organization' means any organization described under part B 
     of subtitle II of title 36, United States Code, that is 
     intended to serve individuals under the age of 21 years.
       ``(2) In general.--No State or unit of general local 
     government that has a designated open forum, limited public 
     forum, or nonpublic forum and that is a recipient of 
     assistance under this chapter shall deny equal access or a 
     fair opportunity to meet to, or discriminate against, any 
     youth organization, including the Boy Scouts of America or 
     any group officially affiliated with the Boy Scouts of 
     America, that wishes to conduct a meeting or otherwise 
     participate in that designated open forum, limited public 
     forum, or nonpublic forum.''.
       Sec. 8127. Regulations to Clarify Gift Acceptance Policy 
     for Service Members and Their Families. (a) Regulations.--The 
     Secretary of Defense shall prescribe regulations to provide 
     that, subject to such limitations as may be specified in such 
     regulations, members of the Armed Forces described in 
     subsection (c), and the family members of such a member, may 
     accept gifts from non-profit organizations, private parties, 
     and other sources outside the Department of Defense, other 
     than foreign governments and their agents. Such regulations 
     shall apply uniformly to the Army, Navy, Air Force, and 
     Marine Corps, and, to the maximum extent feasible, to the 
     Coast Guard, and shall apply uniformly to the active and 
     reserve components.
       (b) Authority.--A member of the Armed Forces described in 
     subsection (c) may accept gifts as provided in the 
     regulations authorized in subsection (a), notwithstanding 
     section 7353 or title 5, United States Code.
       (c) Covered Members.--A member of the Armed Forces is 
     described in this subsection in the case of a member who is 
     on active duty and who on or after September 11, 2001, and 
     while on active duty, incurred an injury or illness--
       (1) as described in section 1413a(e)(2) of title 10, United 
     States Code; or
       (2) in an operation or area designated as a combat 
     operation or a combat zone, respectively, by the Secretary of 
     defense in accordance with the regulations prescribed under 
     subsection (a).
       (d) Deadline for Regulations.--Regulations under subsection 
     (a) shall be prescribed not later than 90 days after the date 
     of the enactment of this Act.
       (e) Retroactive Applicability of Regulations.--Regulations 
     under subsection (a) shall, to the extent provided in such 
     regulations, also apply to the acceptance of gifts during the 
     period beginning on September 11, 2001, and ending on the 
     date on which such regulations go into effect.
       Sec. 8128. Section 106(g) of the Alaska Natural Gas 
     Pipeline Act (15 U.S.C. 720d) is amended by striking 
     ``later'' and inserting ``earlier''.
       Sec. 8129. The present incumbent Attending Physician at the 
     U.S. Capitol shall be continued on active duty until ten 
     years after the enactment of this Act.

                                TITLE IX

                       ADDITIONAL APPROPRIATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $4,713,245,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $144,000,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $455,000,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $508,000,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $138,755,000.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $10,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $234,400,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $3,200,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $21,348,886,000.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $1,810,500,000.

[[Page 29464]]



                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,833,126,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $2,483,900,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $805,000,000, of which up to $195,000,000, to 
     remain available until expended, may be used for payments to 
     reimburse Pakistan, Jordan, and other key cooperating 
     nations, for logistical, military, and other support 
     provided, or to be provided, to United States military 
     operations, notwithstanding any other provision of law: 
     Provided, That such payments may be made in such amounts as 
     the Secretary of Defense, with the concurrence of the 
     Secretary of State, and in consultation with the Director of 
     the Office of Management and Budget, may determine, in his 
     discretion, based on documentation determined by the 
     Secretary of Defense to adequately account for the support 
     provided, and such determination is final and conclusive upon 
     the accounting officers of the United States, and 15 days 
     following notification to the appropriate congressional 
     committees: Provided further, That the Secretary of Defense 
     shall provide quarterly reports to the congressional defense 
     committees on the use of funds provided in this paragraph.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $48,200,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $6,400,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $27,950,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $5,000,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $183,000,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $7,200,000.

                           Iraq Freedom Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Iraq Freedom Fund'', 
     $4,658,686,000, to remain available for transfer until 
     September 30, 2007, only to support operations in Iraq or 
     Afghanistan and classified activities: Provided, That the 
     Secretary of Defense may transfer the funds provided herein 
     to appropriations for military personnel; operation and 
     maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
     procurement; research, development, test and evaluation; and 
     working capital funds: Provided further, That of the amounts 
     provided under this heading, $3,048,686,000 shall only be for 
     classified programs, described in further detail in the 
     classified annex accompanying this Act: Provided further, 
     That up to $100,000,000 shall be available for the Department 
     of Homeland Security, ``United States Coast Guard, Operating 
     Expenses'': Provided further, That not less than 
     $1,360,000,000 shall be available for the Joint IED Defeat 
     Task Force: Provided further, That funds transferred shall be 
     merged with and be available for the same purposes and for 
     the same time period as the appropriation or fund to which 
     transferred: Provided further, That this transfer authority 
     is in addition to any other transfer authority available to 
     the Department of Defense: Provided further, That upon a 
     determination that all or part of the funds transferred from 
     this appropriation are not necessary for the purposes 
     provided herein, such amounts may be transferred back to this 
     appropriation: Provided further, That the Secretary of 
     Defense shall, not fewer than 5 days prior to making 
     transfers from this appropriation, notify the congressional 
     defense committees in writing of the details of any such 
     transfer: Provided further, That the Secretary shall submit a 
     report no later than 30 days after the end of each fiscal 
     quarter to the congressional defense committees summarizing 
     the details of the transfer of funds from this appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $232,100,000, to remain available until September 30, 
     2008.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $55,000,000, to remain available until September 30, 2008.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $860,190,000, to remain 
     available until September 30, 2008.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $273,000,000, to remain available until September 30, 
     2008.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $3,174,900,000, to remain available until September 30, 2008.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $138,837,000, to remain available until September 30, 
     2008.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $116,900,000, to remain available until September 30, 2008.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $38,885,000, to remain available 
     until September 30, 2008.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $49,100,000, to remain available until September 30, 2008.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $1,710,145,000, to remain available until September 30, 2008.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $115,300,000, to remain available until September 
     30, 2008.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $17,000,000, to remain available until September 30, 
     2008.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $17,500,000, to remain available until September 30, 
     2008.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $182,075,000, to remain available until September 30, 2008.

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $1,000,000,000, to remain available until 
     September 30, 2008.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $13,100,000, to remain available 
     until September 30, 2007.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $12,500,000, to remain available 
     until September 30, 2007.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $25,000,000, to remain 
     available until September 30, 2007.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $2,516,400,000.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $27,620,000.

                           GENERAL PROVISIONS

       Sec. 9001. Appropriations provided in this title are 
     available for obligation until September 30, 2006, unless 
     otherwise so provided in this title.
       Sec. 9002. Notwithstanding any other provision of law or of 
     this Act, funds made available in this title are in addition 
     to amounts provided elsewhere in this Act.


                          (TRANSFER OF FUNDS)

       Sec. 9003. Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $2,500,000,000 of 
     the funds made available to the Department of Defense in this 
     title: Provided, That the Secretary shall notify the Congress 
     promptly of each transfer made pursuant to the authority in 
     this section: Provided further, That the authority provided 
     in this section is in addition to any other transfer 
     authority available to the Department of Defense and is 
     subject to the same terms and conditions as the authority 
     provided in section 8005 of this Act.
       Sec. 9004. Funds appropriated in this title, or made 
     available by the transfer of funds in or pursuant to this 
     title, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414).
       Sec. 9005. None of the funds provided in this title may be 
     used to finance programs or activities denied by Congress in 
     fiscal years 2005 or 2006 appropriations to the Department of 
     Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.
       Sec. 9006. Notwithstanding any other provision of law, of 
     the funds made available in this title to the Department of 
     Defense for operation and maintenance, not to exceed 
     $500,000,000 may

[[Page 29465]]

     be used by the Secretary of Defense, with the concurrence of 
     the Secretary of State, to train, equip and provide related 
     assistance only to military or security forces of Iraq and 
     Afghanistan to enhance their capability to combat terrorism 
     and to support United States military operations in Iraq and 
     Afghanistan: Provided, That such assistance may include the 
     provision of equipment, supplies, services, training, and 
     funding: Provided further, That the authority to provide 
     assistance under this section is in addition to any other 
     authority to provide assistance to foreign nations: Provided 
     further, That the Secretary of Defense shall notify the 
     congressional defense committees, the Committee on 
     International Relations of the House of Representatives, and 
     the Committee on Foreign Relations of the Senate not less 
     than 15 days before providing assistance under the authority 
     of this section.
       Sec. 9007. (a) From funds made available in this title to 
     the Department of Defense, not to exceed $500,000,000 may be 
     used, notwithstanding any other provision of law, to fund the 
     Commander's Emergency Response Program, for the purpose of 
     enabling military commanders in Iraq to respond to urgent 
     humanitarian relief and reconstruction requirements within 
     their areas of responsibility by carrying out programs that 
     will immediately assist the Iraqi people, and to fund a 
     similar program to assist the people of Afghanistan.
       (b) Quarterly Reports.--Not later than 15 days after the 
     end of each fiscal year quarter (beginning with the first 
     quarter of fiscal year 2006), the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     regarding the source of funds and the allocation and use of 
     funds during that quarter that were made available pursuant 
     to the authority provided in this section or under any other 
     provision of law for the purposes of the programs under 
     subsection (a).
       Sec. 9008. Amounts provided in this title for operations in 
     Iraq and Afghanistan may be used by the Department of Defense 
     for the purchase of up to 20 heavy and light armored vehicles 
     for force protection purposes, notwithstanding price or other 
     limitations specified elsewhere in this Act, or any other 
     provision of law: Provided, That the Secretary of Defense 
     shall submit a report in writing no later than 30 days after 
     the end of each fiscal quarter notifying the congressional 
     defense committees of any purchase described in this section, 
     including the cost, purposes, and quantities of vehicles 
     purchased.
       Sec. 9009. During the current fiscal year, funds available 
     to the Department of Defense for operation and maintenance 
     may be used, notwithstanding any other provision of law, to 
     provide supplies, services, transportation, including airlift 
     and sealift, and other logistical support to coalition forces 
     supporting military and stability operations in Iraq and 
     Afghanistan: Provided, That the Secretary of Defense shall 
     provide quarterly reports to the congressional defense 
     committees regarding support provided under this section.
       Sec. 9010. (a) Not later than 60 days after the date of the 
     enactment of this Act and every 90 days thereafter through 
     the end of fiscal year 2006, the Secretary of Defense shall 
     set forth in a report to Congress a comprehensive set of 
     performance indicators and measures for progress toward 
     military and political stability in Iraq.
       (b) The report shall include performance standards and 
     goals for security, economic, and security force training 
     objectives in Iraq together with a notional timetable for 
     achieving these goals.
       (c) In specific, the report requires, at a minimum, the 
     following:
       (1) With respect to stability and security in Iraq, the 
     following:
       (A) Key measures of political stability, including the 
     important political milestones that must be achieved over the 
     next several years.
       (B) The primary indicators of a stable security environment 
     in Iraq, such as number of engagements per day, numbers of 
     trained Iraqi forces, and trends relating to numbers and 
     types of ethnic and religious-based hostile encounters.
       (C) An assessment of the estimated strength of the 
     insurgency in Iraq and the extent to which it is composed of 
     non-Iraqi fighters.
       (D) A description of all militias operating in Iraq, 
     including the number, size, equipment strength, military 
     effectiveness, sources of support, legal status, and efforts 
     to disarm or reintegrate each militia.
       (E) Key indicators of economic activity that should be 
     considered the most important for determining the prospects 
     of stability in Iraq, including--
       (i) unemployment levels;
       (ii) electricity, water, and oil production rates; and
       (iii) hunger and poverty levels.
       (F) The criteria the Administration will use to determine 
     when it is safe to begin withdrawing United States forces 
     from Iraq.
       (2) With respect to the training and performance of 
     security forces in Iraq, the following:
       (A) The training provided Iraqi military and other Ministry 
     of Defense forces and the equipment used by such forces.
       (B) Key criteria for assessing the capabilities and 
     readiness of the Iraqi military and other Ministry of Defense 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping 
     these forces), and the milestones and notional timetable for 
     achieving these goals.
       (C) The operational readiness status of the Iraqi military 
     forces, including the type, number, size, and organizational 
     structure of Iraqi battalions that are--
       (i) capable of conducting counterinsurgency operations 
     independently;
       (ii) capable of conducting counterinsurgency operations 
     with the support of United States or coalition forces; or
       (iii) not ready to conduct counterinsurgency operations.
       (D) The rates of absenteeism in the Iraqi military forces 
     and the extent to which insurgents have infiltrated such 
     forces.
       (E) The training provided Iraqi police and other Ministry 
     of Interior forces and the equipment used by such forces.
       (F) Key criteria for assessing the capabilities and 
     readiness of the Iraqi police and other Ministry of Interior 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping), 
     and the milestones and notional timetable for achieving these 
     goals, including--
       (i) the number of police recruits that have received 
     classroom training and the duration of such instruction;
       (ii) the number of veteran police officers who have 
     received classroom instruction and the duration of such 
     instruction;
       (iii) the number of police candidates screened by the Iraqi 
     Police Screening Service, the number of candidates derived 
     from other entry procedures, and the success rates of those 
     groups of candidates;
       (iv) the number of Iraqi police forces who have received 
     field training by international police trainers and the 
     duration of such instruction; and
       (v) attrition rates and measures of absenteeism and 
     infiltration by insurgents.
       (G) The estimated total number of Iraqi battalions needed 
     for the Iraqi security forces to perform duties now being 
     undertaken by coalition forces, including defending the 
     borders of Iraq and providing adequate levels of law and 
     order throughout Iraq.
       (H) The effectiveness of the Iraqi military and police 
     officer cadres and the chain of command.
       (I) The number of United States and coalition advisors 
     needed to support the Iraqi security forces and associated 
     ministries.
       (J) An assessment, in a classified annex if necessary, of 
     United States military requirements, including planned force 
     rotations, through the end of calendar year 2006.
       Sec. 9011. Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance, and executed in 
     direct support of the Global War on Terrorism only in Iraq 
     and Afghanistan, may be obligated at the time a construction 
     contract is awarded: Provided, That for the purpose of this 
     section, supervision and administration costs include all in-
     house Government costs.
       Sec. 9012. Amounts appropriated or otherwise made available 
     in this title are designated as making appropriations for 
     contingency operations related to the global war on terrorism 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.
                 TITLE X--MATTERS RELATING TO DETAINEES

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Detainee Treatment Act of 
     2005''.

     SEC. 1002. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS 
                   UNDER THE DETENTION OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--No person in the custody or under the 
     effective control of the Department of Defense or under 
     detention in a Department of Defense facility shall be 
     subject to any treatment or technique of interrogation not 
     authorized by and listed in the United States Army Field 
     Manual on Intelligence Interrogation.
       (b) Applicability.--Subsection (a) shall not apply with 
     respect to any person in the custody or under the effective 
     control of the Department of Defense pursuant to a criminal 
     law or immigration law of the United States.
       (c) Construction.--Nothing in this section shall be 
     construed to affect the rights under the United States 
     Constitution of any person in the custody or under the 
     physical jurisdiction of the United States.

     SEC. 1003. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING 
                   TREATMENT OR PUNISHMENT OF PERSONS UNDER 
                   CUSTODY OR CONTROL OF THE UNITED STATES 
                   GOVERNMENT.

       (a) In General.--No individual in the custody or under the 
     physical control of the United States Government, regardless 
     of nationality or physical location, shall be subject to 
     cruel, inhuman, or degrading treatment or punishment.
       (b) Construction.--Nothing in this section shall be 
     construed to impose any geographical limitation on the 
     applicability of the prohibition against cruel, inhuman, or 
     degrading treatment or punishment under this section.
       (c) Limitation on Supersedure.--The provisions of this 
     section shall not be superseded, except by a provision of law 
     enacted after the date of the enactment of this Act which 
     specifically repeals, modifies, or supersedes the provisions 
     of this section.
       (d) Cruel, Inhuman, or Degrading Treatment or Punishment 
     Defined.--In this section, the term ``cruel, inhuman, or 
     degrading treatment or punishment'' means the cruel, unusual, 
     and inhumane treatment or punishment prohibited by the Fifth, 
     Eighth, and Fourteenth Amendments to the Constitution of the 
     United States, as defined in the United States Reservations, 
     Declarations and Understandings to the

[[Page 29466]]

     United Nations Convention Against Torture and Other Forms of 
     Cruel, Inhuman or Degrading Treatment or Punishment done at 
     New York, December 10, 1984.

     SEC. 1004. PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL 
                   ENGAGED IN AUTHORIZED INTERROGATIONS.

       (a) Protection of United States Government Personnel.--In 
     any civil action or criminal prosecution against an officer, 
     employee, member of the Armed Forces, or other agent of the 
     United States Government who is a United States person, 
     arising out of the officer, employee, member of the Armed 
     Forces, or other agent's engaging in specific operational 
     practices, that involve detention and interrogation of aliens 
     who the President or his designees have determined are 
     believed to be engaged in or associated with international 
     terrorist activity that poses a serious, continuing threat to 
     the United States, its interests, or its allies, and that 
     were officially authorized and determined to be lawful at the 
     time that they were conducted, it shall be a defense that 
     such officer, employee, member of the Armed Forces, or other 
     agent did not know that the practices were unlawful and a 
     person of ordinary sense and understanding would not know the 
     practices were unlawful. Good faith reliance on advice of 
     counsel should be an important factor, among others, to 
     consider in assessing whether a person of ordinary sense and 
     understanding would have known the practices to be unlawful. 
     Nothing in this section shall be construed to limit or 
     extinguish any defense or protection otherwise available to 
     any person or entity from suit, civil or criminal liability, 
     or damages, or to provide immunity from prosecution for any 
     criminal offense by the proper authorities.
       (b) Counsel.--The United States Government may provide or 
     employ counsel, and pay counsel fees, court costs, bail, and 
     other expenses incident to the representation of an officer, 
     employee, member of the Armed Forces, or other agent 
     described in subsection (a), with respect to any civil action 
     or criminal prosecution arising out of practices described in 
     that subsection, under the same conditions, and to the same 
     extent, to which such services and payments are authorized 
     under section 1037 of title 10, United States Code.

     SEC. 1005. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE 
                   THE UNITED STATES.

       (a) Submittal of Procedures for Status Review of Detainees 
     at Guantanamo Bay, Cuba, and in Afghanistan and Iraq.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committee on Armed Services and the Committee 
     on the Judiciary of the Senate and the Committee on Armed 
     Services and the Committee on the Judiciary of the House of 
     Representatives a report setting forth--
       (A) the procedures of the Combatant Status Review Tribunals 
     and the Administrative Review Boards established by direction 
     of the Secretary of Defense that are in operation at 
     Guantanamo Bay, Cuba, for determining the status of the 
     detainees held at Guantanamo Bay or to provide an annual 
     review to determine the need to continue to detain an alien 
     who is a detainee; and
       (B) the procedures in operation in Afghanistan and Iraq for 
     a determination of the status of aliens detained in the 
     custody or under the physical control of the Department of 
     Defense in those countries.
       (2) Designated civilian official.--The procedures submitted 
     to Congress pursuant to paragraph (1)(A) shall ensure that 
     the official of the Department of Defense who is designated 
     by the President or Secretary of Defense to be the final 
     review authority within the Department of Defense with 
     respect to decisions of any such tribunal or board (referred 
     to as the ``Designated Civilian Official'') shall be a 
     civilian officer of the Department of Defense holding an 
     office to which appointments are required by law to be made 
     by the President, by and with the advice and consent of the 
     Senate.
       (3) Consideration of new evidence.--The procedures 
     submitted under paragraph (1)(A) shall provide for periodic 
     review of any new evidence that may become available relating 
     to the enemy combatant status of a detainee.
       (b) Consideration of Statements Derived With Coercion.--
       (1) Assessment.--The procedures submitted to Congress 
     pursuant to subsection (a)(1)(A) shall ensure that a 
     Combatant Status Review Tribunal or Administrative Review 
     Board, or any similar or successor administrative tribunal or 
     board, in making a determination of status or disposition of 
     any detainee under such procedures, shall, to the extent 
     practicable, assess--
       (A) whether any statement derived from or relating to such 
     detainee was obtained as a result of coercion; and
       (B) the probative value (if any) of any such statement.
       (2) Applicability.--Paragraph (1) applies with respect to 
     any proceeding beginning on or after the date of the 
     enactment of this Act.
       (c) Report on Modification of Procedures.--The Secretary of 
     Defense shall submit to the committees specified in 
     subsection (a)(1) a report on any modification of the 
     procedures submitted under subsection (a). Any such report 
     shall be submitted not later than 60 days before the date on 
     which such modification goes into effect.
       (d) Annual Report.--
       (1) Report required.--The Secretary of Defense shall submit 
     to Congress an annual report on the annual review process for 
     aliens in the custody of the Department of Defense outside 
     the United States. Each such report shall be submitted in 
     unclassified form, with a classified annex, if necessary. The 
     report shall be submitted not later than December 31 each 
     year.
       (2) Elements of report.--Each such report shall include the 
     following with respect to the year covered by the report:
       (A) The number of detainees whose status was reviewed.
       (B) The procedures used at each location.
       (e) Judicial Review of Detention of Enemy Combatants.--
       (1) In general.--Section 2241 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(e) Except as provided in section 1005 of the Detainee 
     Treatment Act of 2005, no court, justice, or judge shall have 
     jurisdiction to hear or consider--
       ``(1) an application for a writ of habeas corpus filed by 
     or on behalf of an alien detained by the Department of 
     Defense at Guantanamo Bay, Cuba; or
       ``(2) any other action against the United States or its 
     agents relating to any aspect of the detention by the 
     Department of Defense of an alien at Guantanamo Bay, Cuba, 
     who--
       ``(A) is currently in military custody; or
       ``(B) has been determined by the United States Court of 
     Appeals for the District of Columbia Circuit in accordance 
     with the procedures set forth in section 1005(e) of the 
     Detainee Treatment Act of 2005 to have been properly detained 
     as an enemy combatant.''.
       (2) Review of decisions of combatant status review 
     tribunals of propriety of detention.--
       (A) In general.--Subject to subparagraphs (B), (C), and 
     (D), the United States Court of Appeals for the District of 
     Columbia Circuit shall have exclusive jurisdiction to 
     determine the validity of any final decision of a Combatant 
     Status Review Tribunal that an alien is properly detained as 
     an enemy combatant.
       (B) Limitation on claims.--The jurisdiction of the United 
     States Court of Appeals for the District of Columbia Circuit 
     under this paragraph shall be limited to claims brought by or 
     on behalf of an alien--
       (i) who is, at the time a request for review by such court 
     is filed, detained by the Department of Defense at Guantanamo 
     Bay, Cuba; and
       (ii) for whom a Combatant Status Review Tribunal has been 
     conducted, pursuant to applicable procedures specified by the 
     Secretary of Defense.
       (C) Scope of review.--The jurisdiction of the United States 
     Court of Appeals for the District of Columbia Circuit on any 
     claims with respect to an alien under this paragraph shall be 
     limited to the consideration of--
       (i) whether the status determination of the Combatant 
     Status Review Tribunal with regard to such alien was 
     consistent with the standards and procedures specified by the 
     Secretary of Defense for Combatant Status Review Tribunals 
     (including the requirement that the conclusion of the 
     Tribunal be supported by a preponderance of the evidence and 
     allowing a rebuttable presumption in favor of the 
     Government's evidence); and
       (ii) to the extent the Constitution and laws of the United 
     States are applicable, whether the use of such standards and 
     procedures to make the determination is consistent with the 
     Constitution and laws of the United States.
       (D) Termination on release from custody.--The jurisdiction 
     of the United States Court of Appeals for the District of 
     Columbia Circuit with respect to the claims of an alien under 
     this paragraph shall cease upon the release of such alien 
     from the custody of the Department of Defense.
       (3) Review of final decisions of military commissions.--
       (A) In general.--Subject to subparagraphs (B), (C), and 
     (D), the United States Court of Appeals for the District of 
     Columbia Circuit shall have exclusive jurisdiction to 
     determine the validity of any final decision rendered 
     pursuant to Military Commission Order No. 1, dated August 31, 
     2005 (or any successor military order).
       (B) Grant of review.--Review under this paragraph--
       (i) with respect to a capital case or a case in which the 
     alien was sentenced to a term of imprisonment of 10 years or 
     more, shall be as of right; or
       (ii) with respect to any other case, shall be at the 
     discretion of the United States Court of Appeals for the 
     District of Columbia Circuit.
       (C) Limitation on appeals.--The jurisdiction of the United 
     States Court of Appeals for the District of Columbia Circuit 
     under this paragraph shall be limited to an appeal brought by 
     or on behalf of an alien--
       (i) who was, at the time of the proceedings pursuant to the 
     military order referred to in subparagraph (A), detained by 
     the Department of Defense at Guantanamo Bay, Cuba; and
       (ii) for whom a final decision has been rendered pursuant 
     to such military order.
       (D) Scope of review.--The jurisdiction of the United States 
     Court of Appeals for the District of Columbia Circuit on an 
     appeal of a final decision with respect to an alien under 
     this paragraph shall be limited to the consideration of--
       (i) whether the final decision was consistent with the 
     standards and procedures specified in the military order 
     referred to in subparagraph (A); and
       (ii) to the extent the Constitution and laws of the United 
     States are applicable, whether the use of such standards and 
     procedures to reach

[[Page 29467]]

     the final decision is consistent with the Constitution and 
     laws of the United States.
       (4) Respondent.--The Secretary of Defense shall be the 
     named respondent in any appeal to the United States Court of 
     Appeals for the District of Columbia Circuit under this 
     subsection.
       (f) Construction.--Nothing in this section shall be 
     construed to confer any constitutional right on an alien 
     detained as an enemy combatant outside the United States.
       (g) United States Defined.--For purposes of this section, 
     the term ``United States'', when used in a geographic sense, 
     is as defined in section 101(a)(38) of the Immigration and 
     Nationality Act and, in particular, does not include the 
     United States Naval Station, Guantanamo Bay, Cuba.
       (h) Effective Date.--
       (1) In general.--This section shall take effect on the date 
     of the enactment of this Act.
       (2) Review of combatant status tribunal and military 
     commission decisions.--Paragraphs (2) and (3) of subsection 
     (e) shall apply with respect to any claim whose review is 
     governed by one of such paragraphs and that is pending on or 
     after the date of the enactment of this Act.

     SEC. 1006. TRAINING OF IRAQI FORCES REGARDING TREATMENT OF 
                   DETAINEES.

       (a) Required Policies.--
       (1) In general.--The Secretary of Defense shall ensure that 
     policies are prescribed regarding procedures for military and 
     civilian personnel of the Department of Defense and 
     contractor personnel of the Department of Defense in Iraq 
     that are intended to ensure that members of the Armed Forces, 
     and all persons acting on behalf of the Armed Forces or 
     within facilities of the Armed Forces, ensure that all 
     personnel of Iraqi military forces who are trained by 
     Department of Defense personnel and contractor personnel of 
     the Department of Defense receive training regarding the 
     international obligations and laws applicable to the humane 
     detention of detainees, including protections afforded under 
     the Geneva Conventions and the Convention Against Torture.
       (2) Acknowledgment of training.--The Secretary shall ensure 
     that, for all personnel of the Iraqi Security Forces who are 
     provided training referred to in paragraph (1), there is 
     documented acknowledgment of such training having been 
     provided.
       (3) Deadline for policies to be prescribed.--The policies 
     required by paragraph (1) shall be prescribed not later than 
     180 days after the date of the enactment of this Act.
       (b) Army Field Manual.--
       (1) Translation.--The Secretary of Defense shall provide 
     for the United States Army Field Manual on Intelligence 
     Interrogation to be translated into arabic and any other 
     language the Secretary determines appropriate for use by 
     members of the Iraqi military forces.
       (2) Distribution.--The Secretary of Defense shall provide 
     for such manual, as translated, to be provided to each unit 
     of the Iraqi military forces trained by Department of Defense 
     personnel or contractor personnel of the Department of 
     Defense.
       (c) Transmittal of Regulations.--Not less than 30 days 
     after the date on which regulations, policies, and orders are 
     first prescribed under subsection (a), the Secretary of 
     Defense shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives copies of such regulations, policies, or 
     orders, together with a report on steps taken to the date of 
     the report to implement this section.
       (d) Annual Report.--Not less than one year after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the implementation 
     of this section.
       This division may be cited as the ``Department of Defense 
     Appropriations Act, 2006''.

                               DIVISION B

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF 
                 OF MEXICO AND PANDEMIC INFLUENZA, 2006

       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, to address 
     hurricanes in the Gulf of Mexico and pandemic influenza for 
     the fiscal year ending September 30, 2006, and for other 
     purposes, namely:

                                TITLE I

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF 
                               OF MEXICO

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Executive Operations


                          Working Capital Fund

       For necessary expenses of ``Working Capital Fund'' related 
     to the consequences of Hurricane Katrina, $35,000,000, to 
     remain available until expended: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                     Agricultural Research Service


                        Buildings and Facilities

       For an additional amount for ``Buildings and Facilities'', 
     $9,200,000, to remain available until September 30, 2007, for 
     necessary expenses related to the consequences of Hurricane 
     Katrina: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                       Rural Development Programs


                  Rural Community Advancement Program

       For the cost of grants for the water, waste disposal, and 
     wastewater facilities programs authorized under section 
     306(a) and 306A of the Consolidated Farm and Rural 
     Development Act, $45,000,000: Provided, That funds made 
     available under this paragraph shall remain available until 
     expended to respond to damage caused by hurricanes that 
     occurred during the 2005 calendar year: Provided further, 
     That the amounts provided under this heading are designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress), the concurrent resolution on 
     the budget for fiscal year 2006.

                         Rural Housing Service


              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by title V of the Housing 
     Act of 1949 to respond to damage caused by hurricanes that 
     occurred during the 2005 calendar year to be available from 
     the Rural Housing Insurance Fund, as follows: $1,468,696,000 
     for loans to section 502 borrowers, as determined by the 
     Secretary, of which $175,593,000 shall be for direct loans 
     and of which $1,293,103,000 shall be for unsubsidized 
     guaranteed loans; and $34,188,000 for section 504 housing 
     repair loans.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows, to remain 
     available until expended: section 502 loans, $35,000,000, of 
     which $20,000,000 shall be for direct loans, and of which 
     $15,000,000 shall be for unsubsidized guaranteed loans; and 
     section 504 housing repair loans, $10,000,000: Provided, That 
     the amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.


                    RURAL HOUSING ASSISTANCE GRANTS

       For an additional amount for grants for very low-income 
     housing repairs as authorized by 42 U.S.C. 1474 to respond to 
     damage caused by hurricanes that occurred during the 2005 
     calendar year, $20,000,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006: 
     Provided further, That these funds are not subject to any age 
     limitation.

                        Rural Utilities Service


   RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT

       For gross obligations for the principal amount of direct 
     rural telecommunication loans as authorized by section 306 of 
     the Rural Electrification Act of 1936 to respond to damage 
     caused by hurricanes that occurred during the 2005 calendar 
     year, $50,000,000, as determined by the Secretary.
       For the cost of loan modifications to rural electric loans 
     made or guaranteed under the Rural Electrification Act of 
     1936 to respond to damage caused by hurricanes that occurred 
     during the 2005 calendar year, $8,000,000, to remain 
     available until expended: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

        Food and Nutrition Service Commodity Assistance Program

       For an additional amount for ``Commodity Assistance 
     Program'' for necessary expenses related to the consequences 
     of Hurricane Katrina, $10,000,000, to remain available until 
     expended, of which $6,000,000 shall be for The Emergency Food 
     Assistance Program and $4,000,000 shall be for the Commodity 
     Supplemental Food Program: Provided, That notwithstanding any 
     other provisions of the Emergency Food Assistance Act of 1983 
     (the ``Act''), the Secretary may allocate additional foods 
     and funds for administrative expenses from resources 
     specifically appropriated, transferred, or reprogrammed to 
     restore to states resources used to assist families and 
     individuals displaced by the hurricanes of calendar year 2005 
     among the states without regard to sections 204 and 214 of 
     the Act: Provided further, That such programs may operate in 
     any area where emergency feeding organizations develop a 
     program to provide temporary emergency nonprofit food service 
     to families and individuals displaced by the hurricanes of 
     calendar year 2005: Provided further, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                    General Provisions--This Chapter

       Sec. 101. Emergency Conservation Program. (a) In General.--
     There is hereby appropriated $199,800,000, to remain 
     available until expended, to provide assistance under the 
     emergency conservation program established under title IV of 
     the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) 
     for expenses resulting from hurricanes that occurred during 
     the 2005 calendar year.
       (b) Assistance to Nursery, Oyster, and Poultry Producers.--
     In carrying out this section, the Secretary shall make 
     payments to

[[Page 29468]]

     nursery, oyster, and poultry producers to pay for up to 90 
     percent of the cost of emergency measures to rehabilitate 
     public and private oyster reefs or farmland damaged by 
     hurricanes that occurred during the 2005 calendar year, 
     including the cost of--
       (1) cleaning up structures, such as barns and poultry 
     houses;
       (2) providing water to livestock;
       (3) in the case of nursery producers, removing debris, such 
     as nursery structures, shade-houses, and above-ground 
     irrigation facilities;
       (4) in the case of oyster producers, refurbishing oyster 
     beds; and
       (5) in the case of poultry producers, removing poultry 
     house debris, including carcasses.
       (c) Poultry Recovery Assistance.--
       (1) In general.--The Secretary shall not use more than 
     $20,000,000 of the funds made available under this section to 
     provide assistance to poultry growers who suffered uninsured 
     losses to poultry houses in counties affected by hurricanes 
     that occurred during the 2005 calendar year.
       (2) Limitations.--The amount of assistance provided to a 
     poultry grower under this subsection may not exceed the 
     lesser of--
       (A) 50 percent of the total costs associated with the 
     reconstruction or repair of a poultry house; or
       (B) $50,000 for each poultry house.
       (3) Limit on amount of assistance.--The total amount of 
     assistance provided under this subsection, and any 
     indemnities for losses to a poultry house paid to a poultry 
     grower, may not exceed 90 percent of the total costs 
     associated with the reconstruction or repair of a poultry 
     house.
       (d) Assistance to Private Nonindustrial Forest 
     Landowners.--
       (1) Eligibility.--To be eligible to receive a payment under 
     this section, a private nonindustrial forest landowner shall 
     (as determined by the Secretary)--
       (A) have suffered a loss of, or damage to, at least 35 
     percent of forest acres on commercial forest land of the 
     forest landowner in a county affected by hurricanes that 
     occurred during the 2005 calendar year, or a related 
     condition; and
       (B) during the 5-year period beginning on the date of the 
     loss--
       (i) reforest the lost forest acres, in accordance with a 
     plan approved by the Secretary that is appropriate for the 
     forest type;
       (ii) use best management practices on the forest land of 
     the landowner, in accordance with the best management 
     practices of the Secretary for the applicable State; and
       (iii) exercise good stewardship on the forest land of the 
     landowner, while maintaining the land in a forested state.
       (2) Program.--The Secretary shall make payments under this 
     subsection to private nonindustrial forest landowners to pay 
     for up to 75 percent of the cost of reforestation, 
     rehabilitation, and related measures, except that the amount 
     of assistance provided under this subsection shall not exceed 
     $150 per acre.
       (e) Eligibility.--Failure to comply with subtitle C of 
     title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et 
     seq.) shall not prevent an agricultural producer from 
     receiving assistance under this section.
       (f) Emergency Designation.--The amount provided under this 
     section is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
       Sec. 102. Emergency Watershed Protection Program. (a) In 
     General.--There is hereby appropriated $300,000,000, to 
     remain available until expended, to provide assistance under 
     the emergency watershed protection program established under 
     section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 
     2203) to repair damages resulting from hurricanes that 
     occurred during the 2005 calendar year.
       (b) Assistance.--In carrying out this section, the 
     Secretary shall make payments to landowners and land users to 
     pay for up to 75 percent of the cost resulting from damage 
     caused by hurricanes that occurred during the 2005 calendar 
     year, or a related condition, including the cost of--
       (1) cleaning up structures on private land; and
       (2) reimbursing private nonindustrial forest landowners for 
     costs associated with downed timber removal, except that the 
     amount of assistance provided under this paragraph shall not 
     exceed $150 per acre.
       (c) Notwithstanding any other provision of law, the 
     Secretary, acting through the Natural Resources Conservation 
     Service, using funds made available under this section, may 
     provide financial and technical assistance to remove and 
     dispose of debris and animal carcasses that could adversely 
     affect health and safety on non-Federal land in a hurricane-
     affected county.
       (d) Emergency Designation.--The amount provided under this 
     section is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
       Sec. 103. Notwithstanding any other provision of law, funds 
     appropriated under this Act to the Secretary of Agriculture 
     may be used to reimburse accounts of the Secretary that have 
     been used to pay costs incurred to respond to damage caused 
     by hurricanes that occurred during the 2005 calendar year if 
     those costs could have been paid with such appropriated funds 
     if such costs had arisen after the date of enactment of this 
     Act.
       Sec. 104. Funds provided for hurricanes that occurred 
     during the 2005 calendar year under the headings, ``Rural 
     Housing Insurance Fund'' and ``Rural Housing Assistance 
     Grants'', may be transferred between such accounts at the 
     Secretary's discretion.
       Sec. 105. (a) Notwithstanding any other provision of this 
     title, with respect to the counties affected by hurricanes in 
     the 2005 calendar year and for any individuals who resided in 
     such counties at the time of the disaster the Secretary of 
     Agriculture may, for a 6-month period that begins upon the 
     date of the enactment of this Act--
       (1) convert rental assistance under section 521 of the 
     Housing Act of 1949 (42 U.S.C. 1490a) allocated for a 
     property that is not decent, safe, and sanitary because of 
     the disaster into rural housing vouchers authorized under 
     title V of the Housing Act of 1949.
       (2) guarantee loans under section 502(h) of the Housing Act 
     of 1949 (42 U.S.C. 1472(h)) to--
       (A) repair and rehabilitate single-family residences; and
       (B) refinance any loan made to a single-family resident 
     used to acquire or construct the single-family residence if 
     such residence meets the requirements of subparagraphs (A), 
     (B), and (C) of section 502(h)(4) of the Housing Act of 1949 
     (42 U.S.C. 1472(h)(4));
       (3) waive the application of the rural area or similar 
     limitations under any program funded through an 
     appropriations act and administered by the Rural Development 
     Mission Area;
       (4) issue housing vouchers under section 542 of the Housing 
     Act of 1949 (42 U.S.C. 1490r), except that--
       (A) notwithstanding the first sentence of subsection (a) of 
     section 542 of such Act, the Secretary may assist low-income 
     families and persons whose residence has become uninhabitable 
     or inaccessible as a result of a 2005 hurricane; and
       (B) subsection (b) of such section 542 of such Act shall 
     not apply;
       (5) provide loans, loan guarantees and grants from the 
     Renewable Energy System and Energy Efficiency Improvements 
     Program authorized in section 9006 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8106) to any rural 
     business--
       (A) with a cost share requirement not to exceed 50 percent;
       (B) without regard to any limitation of the grant amount; 
     and
       (C) which may include businesses processing unsegregated 
     solid waste and paper, as determined by the Secretary;
       (6) provide grants under the Value-added Agricultural 
     Product Market Development Grant Program and Rural 
     Cooperative Development Grant Program without regard to any 
     grant amount limitations or matching requirements; and
       (7) provide grants under the Community Facilities Grant 
     Program without regard to any graduated funding requirements, 
     grant amount limitations or matching requirements.
       (b) The funds made available under this section are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       Sec. 106. Section 759 of the Agriculture, Rural 
     Development, Food and Drug Administration and Related 
     Agencies Appropriations Act, 2006 (Public Law 109-97) is 
     amended to read as follows:
       ``Sec. 759. None of the funds appropriated or otherwise 
     made available under this or any other Act shall be used to 
     pay the salaries and expenses of personnel to expend more 
     than $12,000,000 of the funds initially made available for 
     fiscal year 2006 by section 310(a)(2) of the Biomass Research 
     and Development Act of 2000 (7 U.S.C. 7624 note).''.

     SEC. 107. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.

       (a) Section 1231 of the Food Security Act of 1985 (16 
     U.S.C. 3831) is amended by adding at the end the following:
       ``(k) Emergency Forestry Conservation Reserve Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Merchantable timber.--The term `merchantable timber' 
     means timber on private nonindustrial forest land on which 
     the average tree has a trunk diameter of at least 6 inches 
     measured at a point no less than 4.5 feet above the ground.
       ``(B) Private nonindustrial forest land.--The term `private 
     nonindustrial forest land' includes State school trust land.
       ``(2) Program.--During calendar year 2006, the Secretary 
     shall carry out an emergency pilot program in States that the 
     Secretary determines have suffered damage to merchantable 
     timber in counties affected by hurricanes during the 2005 
     calendar year.
       ``(3) Eligible acreage.--
       ``(A) In general.--Subject to subparagraph (B) and the 
     availability of funds under subparagraph (G), an owner or 
     operator may enroll private nonindustrial forest land in the 
     conservation reserve under this subsection.
       ``(B) Determination of damages.--Eligibility for enrollment 
     shall be limited to owners and operators of private 
     nonindustrial forest land that have experienced a loss of 35 
     percent or more of merchantable timber in a county affected 
     by hurricanes during the 2005 calendar year.
       ``(C) Exemptions.--Acreage enrolled in the conservation 
     reserve under this subsection shall not count toward--
       ``(i) county acreage limitations described in section 
     1243(b); or
       ``(ii) the maximum enrollment described in subsection (d).

[[Page 29469]]

       ``(D) Duties of owners and operators.--As a condition of 
     entering into a contract under this subsection, during the 
     term of the contract, the owner or operator of private 
     nonindustrial forest land shall agree--
       ``(i) to restore the land, through site preparation and 
     planting of similar species as existing prior to hurricane 
     damages or to the maximum extent practicable with other 
     native species, as determined by the Secretary; and
       ``(ii) to establish temporary vegetative cover the purpose 
     of which is to prevent soil erosion on the eligible acreage, 
     as determined by the Secretary.
       ``(E) Duties of the secretary.--
       ``(i) In general.--In return for a contract entered into by 
     an owner or operator of private nonindustrial forest land 
     under this subsection, the Secretary shall provide, at the 
     option of the landowner--

       ``(I) notwithstanding the limitation in section 1234(f)(1), 
     a lump sum payment; or
       ``(II) annual rental payments.

       ``(ii) Calculation of lump sum payment.--The lump sum 
     payment described in clause (i)(I) shall be calculated using 
     a net present value formula, as determined by the Secretary, 
     based on the total amount a producer would receive over the 
     duration of the contract.
       ``(iii) Calculation of annual rental payments.--The annual 
     rental payment described in clause (i)(II) shall be equal to 
     the average rental rate for conservation reserve contracts in 
     the county in which the land is located.
       ``(iv) Rolling signup.--The Secretary shall offer a rolling 
     signup for contracts under this subsection.
       ``(v) Duration of contracts.--A contract entered into under 
     this subsection shall have a term of 10 years.
       ``(F) Balance of natural resources.--In determining the 
     acceptability of contract offers under this subsection, the 
     Secretary shall consider an equitable balance among the 
     purposes of soil erosion prevention, water quality 
     improvement, wildlife habitat restoration, and mitigation of 
     economic loss.
       ``(G) Funding.--The Secretary shall use $404,100,000, to 
     remain available until expended, of funds of the Commodity 
     Credit Corporation to carry out this subsection.
       ``(H) Determinations by secretary.--A determination made by 
     the Secretary under this subsection shall be final and 
     conclusive.
       ``(I) Regulations.--
       ``(i) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall promulgate such 
     regulations as are necessary to implement this subsection.
       ``(ii) Procedure.--The promulgation of regulations and 
     administration of this subsection shall be made without 
     regard to--

       ``(I) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       ``(II) the Statement of Policy of the Secretary of 
     Agriculture effective July 24, 1971 (36 Fed. reg. 13804), 
     relating to notices of proposed rulemaking and public 
     participation in rulemaking; and
       ``(III) chapter 35 of title 44, United States Code 
     (commonly known as the `Paperwork Reduction Act').

       ``(iii) Congressional review of agency rulemaking.--In 
     carrying out this subsection, the Secretary shall use the 
     authority provided under section 808 of title 5, United 
     States Code.''.
       (b) Emergency Designation.--The amount provided under this 
     section is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $29,830,000, to remain available until September 30, 2006, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $57,691,000, to remain available until September 30, 2006, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $14,193,000, to remain available until September 30, 
     2006, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $105,034,000, to remain available until September 
     30, 2006, for necessary expenses related to the consequences 
     of hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $11,100,000, to remain available until September 30, 2006, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $33,015,000, to remain available until September 30, 2006, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $3,028,000, to remain available until September 30, 
     2006, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $2,370,000, to remain available until September 30, 
     2006, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $220,556,000, to remain available until September 30, 
     2006, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $77,718,000, to remain available until September 
     30, 2006, for necessary expenses related to the consequences 
     of hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $156,166,000, to remain available until September 30, 
     2006, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $544,690,000, to remain available until September 30, 
     2006, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $7,343,000, to remain available until 
     September 30, 2006, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $554,252,000, to remain available until 
     September 30, 2006, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

[[Page 29470]]



                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $29,027,000, to remain available until 
     September 30, 2006, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $16,118,000, to remain available until 
     September 30, 2006, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $480,084,000, to remain available until 
     September 30, 2006, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $16,331,000, to remain available 
     until September 30, 2006, for necessary expenses related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $2,366,000, to remain available until 
     September 30, 2006, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $98,855,000, to remain available until 
     September 30, 2006, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $48,086,000, to remain available until 
     September 30, 2006, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                              PROCUREMENT

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $1,600,000, to remain 
     available until September 30, 2008, for necessary expenses 
     related to the consequences of hurricanes in the Gulf of 
     Mexico in calendar year 2005: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $1,000,000, to remain available until September 30, 
     2008, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $43,390,000, to remain available until September 30, 2008, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $3,856,000, to remain available until September 30, 
     2008, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $2,600,000, to remain available 
     until September 30, 2008, for necessary expenses related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                   Shipbuilding and Conversion, Navy

       For an additional amount for ``Shipbuilding and Conversion, 
     Navy'', $1,987,000,000, to remain available until September 
     30, 2010, for necessary expenses related to the consequences 
     of hurricanes in the Gulf of Mexico in calendar year 2005, 
     which shall be available for transfer within this account to 
     replace destroyed or damaged equipment, prepare and recover 
     naval vessels under contract; and provide for cost 
     adjustments for naval vessels for which funds have been 
     previously appropriated: Provided, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That the Secretary of Defense shall, not fewer than 15 days 
     prior to making transfers within this appropriation, notify 
     the congressional defense committees in writing of the 
     details of any such transfer: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $76,675,000, to remain available until September 30, 2008, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $162,315,000, to remain available until September 
     30, 2008, for necessary expenses related to the consequences 
     of hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $12,082,000, to remain available until September 30, 2008, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $19,260,000, to remain available until September 
     30, 2008, for necessary expenses related to the consequences 
     of hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $2,462,000, to remain available until 
     September 30, 2007, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $6,200,000, to remain available 
     until September 30, 2007, for necessary expenses related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-

[[Page 29471]]

     Wide'', $32,720,000, to remain available until September 30, 
     2007, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $7,224,000, to remain available until expended, for 
     necessary expenses related to the consequences of hurricanes 
     in the Gulf of Mexico in calendar year 2005: Provided, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                              Trust Funds


       Surcharge Collections, Sales of Commissary Stores, Defense

       For an additional amount for ``Surcharge Collections, Sales 
     of Commissary Stores, Defense'', $44,341,000, to remain 
     available until expended, for necessary expenses related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $201,550,000, of which $172,958,000 shall be for Operation 
     and Maintenance, and of which $28,592,000 shall be for 
     Procurement, to remain available until September 30, 2006, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $310,000, to remain available until September 30, 
     2006, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER


                          (transfer of funds)

       Sec. 201. Upon his determination that such action is 
     necessary to ensure the appropriate allocation of funds 
     provided in this chapter, the Secretary of Defense may 
     transfer up to $500,000,000 of the funds made available to 
     the Department of Defense in this chapter between such 
     appropriations: Provided, That the Secretary shall notify the 
     Congress promptly of each transfer made pursuant to this 
     authority: Provided further, That the transfer authority 
     provided in this section is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That the amount made available by the transfer of 
     the funds in or pursuant to this section is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.
       Sec. 202. Notwithstanding section 701(b) of title 10, 
     United States Code, the Secretary of Defense may authorize a 
     member of the Armed Forces on active duty who performed 
     duties in support of disaster relief operations in connection 
     with hurricanes in the Gulf of Mexico in calendar year 2005 
     and who, except for this section, would lose any accumulated 
     leave in excess of 60 days at the end of fiscal year 2005 to 
     retain an accumulated leave total not to exceed 120 days 
     leave. Except as provided in section 701(f) of title 10, 
     United States Code, leave in excess of 60 days accumulated 
     under this section is lost unless used by the member before 
     October 1, 2007.
       Sec. 203. Notwithstanding 37 U.S.C. 403(b), the Secretary 
     of Defense may prescribe a temporary adjustment in the 
     geographic location rates of the basic allowance for housing 
     in a military housing area located within an area declared a 
     major disaster under the Robert T. Stafford Disaster Relief 
     and Emergency Act (42 U.S.C. 5121 et seq.) resulting from 
     hurricanes in the Gulf of Mexico in calendar year 2005.
       (1) Such temporary adjustment shall be based upon the 
     Secretary's redetermination of housing costs in an affected 
     area and at a rate that shall not exceed 20 percent of the 
     current rate for an affected area.
       (2) Members in an affected military housing area must 
     certify that an increased housing cost above the current rate 
     for an affected area has been incurred in order to be 
     eligible for the temporary rate adjustment.
       (3) No temporary adjustment may be made after September 30, 
     2006. No assistance provided to individual households under 
     this heading may extend beyond January 1, 2007. Further, the 
     Secretary is authorized to reduce or eliminate any temporary 
     adjustment granted under paragraph (1) prior to such date as 
     appropriate.
       Sec. 204. Funds appropriated by this chapter may be 
     obligated and expended notwithstanding section 504(a)(1) of 
     the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 205. (a) The total amount appropriated or otherwise 
     made available in this chapter is hereby reduced by 
     $737,089,000.
       (b) The Secretary of Defense shall allocate this reduction 
     proportionately to each applicable appropriation account.
       (c) The reduction in subsection (a) shall not apply to 
     budget authority appropriated or otherwise made available to 
     the Defense Health Program account.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                             Investigations

       For an additional amount for ``Investigations'' to expedite 
     studies of flood and storm damage reduction related to the 
     consequences of hurricanes in the Gulf of Mexico and Atlantic 
     Ocean in 2005, $37,300,000, to remain available until 
     expended: Provided, That using $10,000,000 of the funds 
     provided, the Secretary shall conduct an analysis and design 
     for comprehensive improvements or modifications to existing 
     improvements in the coastal area of Mississippi in the 
     interest of hurricane and storm damage reduction, prevention 
     of saltwater intrusion, preservation of fish and wildlife, 
     prevention of erosion, and other related water resource 
     purposes at full Federal expense: Provided further, That the 
     Secretary shall recommend a cost-effective project, but shall 
     not perform an incremental benefit-cost analysis to identify 
     the recommended project, and shall not make project 
     recommendations based upon maximizing net national economic 
     development benefits: Provided further, That interim 
     recommendations for near term improvements shall be provided 
     within 6 months of enactment of this Act with final 
     recommendations within 24 months of enactment: Provided 
     further, That none of the $12,000,000 provided herein for the 
     Louisiana Hurricane Protection Study shall be available for 
     expenditure until the State of Louisiana establishes a single 
     state or quasi-state entity to act as local sponsor for 
     construction, operation and maintenance of all of the 
     hurricane, storm damage reduction and flood control projects 
     in the greater New Orleans and southeast Louisiana area: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                              Construction

       For additional amounts for ``Construction'' to rehabilitate 
     and repair Corps projects related to the consequences of 
     hurricanes in the Gulf of Mexico and Atlantic Ocean in 2005, 
     $101,417,000, to remain available until expended: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.


 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       For an additional amount for ``Flood Control, Mississippi 
     River and Tributaries, Arkansas, Illinois, Kentucky, 
     Louisiana, Mississippi, Missouri, and Tennessee'' to cover 
     the additional costs of mat laying and other repairs to the 
     Mississippi River channel and associated levee repairs 
     related to the consequences of hurricanes in the Gulf of 
     Mexico in 2005, $153,750,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.


                       Operation and Maintenance

       For an additional amount for ``Operation and Maintenance'' 
     to dredge navigation channels and repair other Corps projects 
     related to the consequences of hurricanes in the Gulf of 
     Mexico and Atlantic Ocean in 2005, $327,517,000, to remain 
     available until expended: Provided, That $75,000,000 of this 
     amount shall be used for authorized operation and maintenance 
     activities along the Mississippi River-Gulf Outlet channel: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                 Flood Control and Coastal Emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', as authorized by section 5 of the Flood 
     Control Act of August 18, 1941, as amended (33 U.S.C. 701n), 
     for emergency response to and recovery from coastal storm 
     damages and flooding related to the consequences of 
     hurricanes in the Gulf of Mexico and Atlantic Ocean in 2005, 
     $2,277,965,000, to remain available until expended: Provided, 
     That in using the funds appropriated for construction related 
     to Hurricane Katrina in the areas covered by the disaster 
     declaration made by the President under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act, Public 
     Law 93-288, 88 Stat. 143, as amended (42 U.S.C. 5121 et 
     seq.), the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to restore the flood damage reduction 
     and hurricane and storm damage reduction projects, and 
     related works, to provide the level of protection

[[Page 29472]]

     for which they were designed, at full Federal expense: 
     Provided further, That $75,000,000 of this amount shall be 
     used to accelerate completion of unconstructed portions of 
     authorized projects in the State of Mississippi along the 
     Mississippi Gulf Coast at full Federal expense: Provided 
     further, That $544,460,000 of this amount shall be used to 
     accelerate completion of unconstructed portions of authorized 
     hurricane, storm damage reduction and flood control projects 
     in the greater New Orleans and south Louisiana area at full 
     Federal expense: Provided further, That $70,000,000 of this 
     amount shall be available to prepare for flood, hurricane and 
     other natural disasters and support emergency operations, 
     repair and other activities in response to flood and 
     hurricane emergencies as authorized by law: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.


                            General Expenses

       For an additional amount for ``General Expenses'' for 
     increased efforts by the Mississippi Valley Division to 
     oversee emergency response and recovery activities related to 
     the consequences of hurricanes in the Gulf of Mexico in 2005, 
     $1,600,000, to remain available until expended: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                     Customs and Border Protection


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'' to 
     repair and replace critical equipment and property damaged by 
     hurricanes and other natural disasters, $24,100,000: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                              Construction

       For an additional amount for ``Construction'' to rebuild 
     and repair structures damaged by hurricanes and other natural 
     disasters, $10,400,000, to remain available until expended: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                  Immigration and Customs Enforcement


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'' to 
     repair and replace critical equipment and property damaged by 
     hurricanes and other natural disasters, $13,000,000: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                       United States Coast Guard


                           Operating Expenses

       For an additional amount for ``Operating Expenses'' for 
     necessary expenses related to the consequences of hurricanes 
     and other natural disasters, $132,000,000, to remain 
     available until expended, of which up to $400,000 may be 
     transferred to ``Environmental Compliance and Restoration'' 
     to be used for environmental cleanup and restoration of Coast 
     Guard facilities; and of which up to $525,000 may be 
     transferred to ``Research, Development, Test, and 
     Evaluation'' to be used for salvage and repair of research 
     and development equipment and facilities: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.


              Acquisition, Construction, and Improvements

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'' for necessary expenses related to the 
     consequences of hurricanes and other natural disasters, 
     $74,500,000, to remain available until expended, for major 
     repair and reconstruction projects and for vessels currently 
     under construction: Provided, That such amounts shall also be 
     available for expenses to replace destroyed or damaged 
     equipment; prepare and recover United States Coast Guard 
     vessels under contract; reimburse for delay, loss of 
     efficiency and disruption, and other related costs; make 
     equitable adjustments and provisional payments to contracts 
     for Coast Guard vessels for which funds have been previously 
     appropriated: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                      United States Secret Service


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'' for 
     equipment, vehicle replacement, and personnel relocation due 
     to the consequences of hurricanes and other natural 
     disasters, $3,600,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                    Office for Domestic Preparedness


                        State and Local Programs

       For an additional amount for ``State and Local Programs'' 
     for equipment replacement related to hurricanes and other 
     natural disasters, $10,300,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                  Federal Emergency Management Agency


                 Administrative and Regional Operations

       For an additional amount for ``Administrative and Regional 
     Operations'' for necessary expenses related to hurricanes and 
     other natural disasters, $17,200,000, to remain available 
     until expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.


                            Disaster Relief

                          (transfer of funds)

       In addition, of the amounts appropriated under this heading 
     in Public Law 109-62, $1,500,000 shall be transferred to the 
     ``Disaster Assistance Direct Loan Program Account'' for 
     administrative expenses to carry out the direct loan program, 
     as authorized by section 417 of the Stafford Act: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

                    General Provision--This Chapter

       Sec. 401. Notwithstanding 10 U.S.C. 701(b), the Secretary 
     of the Department of Homeland Security may authorize a member 
     on active duty who performed duties in support of Hurricanes 
     Katrina or Rita disaster relief operations and who, except 
     for this section, would lose any accumulated leave in excess 
     of 60 days at the end of fiscal year 2005, to retain an 
     accumulated leave total not to exceed 120 days leave. Leave 
     in excess of 60 days accumulated under this section is lost 
     unless it is used by the member before October 1, 2007.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                              Construction

       For an additional amount for ``Construction'' for response, 
     cleanup, recovery, repair and reconstruction expenses related 
     to hurricanes in the Gulf of Mexico in calendar year 2005, 
     $30,000,000, to remain available until expended: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

                         National Park Service


                              Construction

       For an additional amount for ``Construction'' for response, 
     cleanup, recovery, repair and reconstruction expenses related 
     to hurricanes in the Gulf of Mexico in calendar year 2005, 
     $19,000,000, to remain available until expended: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

                    United States Geological Survey


                 Surveys, Investigations, and Research

       For an additional amount for ``Surveys, Investigations, and 
     Research'', for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005 and for repayment of advances to other 
     appropriation accounts from which funds were transferred for 
     such purposes, $5,300,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                      Minerals Management Service


                Royalty and Offshore Minerals Management

       For an additional amount for ``Royalty and Offshore 
     Minerals Management'', for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005 and for repayment of advances to other 
     appropriation accounts from which funds were transferred for 
     such purposes, $16,000,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                    ENVIRONMENTAL PROTECTION AGENCY

                Leaking Underground Storage Tank Program

       For an additional amount for ``Leaking Underground Storage 
     Tank Program'', not to exceed $85,000 per project, 
     $8,000,000, to remain available until expended, for necessary 
     expenses related to the consequences of hurricanes in the 
     Gulf of Mexico in calendar year 2005: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                       state and private forestry

       For an additional amount for ``State and Private 
     Forestry'', $30,000,000, to remain available

[[Page 29473]]

     until expended, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.


                         NATIONAL FOREST SYSTEM

       For an additional amount for ``National Forest System'', 
     $20,000,000, to remain available until expended, for 
     necessary expenses, including hazardous fuels reduction, 
     related to the consequences of hurricanes in the Gulf of 
     Mexico in calendar year 2005: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.


                  Capital Improvement and Maintenance

       For an additional amount for ``Capital Improvement and 
     Maintenance'', $7,000,000, to remain available until 
     expended, for necessary expenses related to the consequences 
     of hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                               CHAPTER 6

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       For an additional amount for ``Training and Employment 
     Services'' to award national emergency grants under section 
     173 of the Workforce Investment Act of 1998 related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005, $125,000,000, to remain available until June 30, 
     2006: Provided, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006: Provided 
     further, That these sums may be used to replace grant funds 
     previously obligated to the impacted areas.


     State Unemployment Insurance and Employment Service Operations

       Funds provided under this heading in Public Law 108-447 
     which have been allocated to the States of Alabama, 
     Louisiana, and Mississippi for activities authorized by title 
     III of the Social Security Act, as amended, shall remain 
     available for obligation by such States through September 30, 
     2006, except that funds used for automation by such States 
     shall remain available through September 30, 2008.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families


                      Social Services Block Grant

       For an additional amount for ``Social Services Block 
     Grant'', $550,000,000, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005, notwithstanding section 2003 and paragraphs (1) 
     and (4) of section 2005(a) of the Social Security Act (42 
     U.S.C. 1397b and 1397d(a)): Provided, That in addition to 
     other uses permitted by title XX of the Social Security Act, 
     funds appropriated under this heading may be used for health 
     services (including mental health services) and for repair, 
     renovation and construction of health facilities (including 
     mental health facilities): Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.


                Children and Families Services Programs

       For an additional amount for ``Children and Families 
     Services Programs'', $90,000,000, for Head Start to serve 
     children displaced by hurricanes in the Gulf of Mexico in 
     calendar year 2005, notwithstanding sections 640(a)(1) and 
     640(g)(1) of the Head Start Act, and to cover the costs of 
     renovating those Head Start facilities which were affected by 
     these hurricanes, to the extent reimbursements from FEMA and 
     insurance companies do not fully cover such costs: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

                        DEPARTMENT OF EDUCATION

       For assisting in meeting the educational needs of 
     individuals affected by hurricanes in the Gulf of Mexico in 
     calendar year 2005, $1,600,000,000, to remain available 
     through September 30, 2006, of which $750,000,000 shall be 
     available to State educational agencies until expended to 
     carry out section 102 of title IV, division B of this Act, 
     $5,000,000 shall be available to carry out section 106 of 
     title IV, division B of this Act, $645,000,000 shall be 
     available to carry out section 107 of title IV, division B of 
     this Act, and $200,000,000 shall be available to provide 
     assistance under the programs authorized by subparts 3 and 4 
     of part A, part C of title IV, and part B of title VII of the 
     Higher Education Act of 1965, for students attending 
     institutions of higher education (as defined in section 102 
     of that Act) that are located in an area in which a major 
     disaster has been declared in accordance with section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act related to hurricanes in the Gulf of Mexico in 
     calendar year 2005 and who qualify for assistance under 
     subparts 3 and 4 of part A and part C of title IV of the 
     Higher Education Act of 1965, to provide emergency assistance 
     based on demonstrated need to institutions of higher 
     education that are located in an area affected by hurricanes 
     in the Gulf of Mexico in calendar year 2005 and were forced 
     to close, relocate or significantly curtail their activities 
     as a result of damage directly sustained by such hurricanes, 
     and to provide payments to institutions of higher education 
     to help defray the unexpected expenses associated with 
     enrolling displaced students from institutions of higher 
     education at which operations have been disrupted due to 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That of the $200,000,000 described in the preceding 
     proviso, $95,000,000 shall be for the Mississippi Institutes 
     of Higher Learning to provide assistance under such title IV 
     programs, notwithstanding any requirements relating to 
     matching, Federal share, reservation of funds, or maintenance 
     of effort that would otherwise be applicable to that 
     assistance; $95,000,000 shall be for the Louisiana Board of 
     Regents to provide emergency assistance based on demonstrated 
     need under part B of title VII of the Higher Education Act of 
     1965, which may be used for student financial assistance, 
     faculty and staff salaries, equipment and instruments, or any 
     purpose authorized under the Higher Education Act of 1965, to 
     institutions of higher education that are located in an area 
     affected by hurricanes in the Gulf of Mexico in calendar year 
     2005; and $10,000,000 shall be available to the Secretary of 
     Education for such payments to institutions of higher 
     education to help defray the unexpected expenses associated 
     with enrolling displaced students from institutions of higher 
     education directly affected by hurricanes in the Gulf of 
     Mexico in calendar year 2005, in accordance with criteria as 
     are established by the Secretary and made publicly available 
     without regard to section 437 of the General Education 
     Provisions Act or section 553 of title 5, United States Code: 
     Provided further, That the amounts provided in this paragraph 
     are designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 7

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $291,219,000, to remain available until 
     September 30, 2010, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That such funds may be obligated or 
     expended for planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $52,612,000, to remain available until September 30, 
     2010, for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That such funds may be obligated or expended for 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                  Military Construction, Defense-Wide

       For an additional amount for ``Military Construction, 
     Defense-Wide'', $45,000,000, to remain available until 
     September 30, 2010, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That such funds may be obligated or 
     expended for planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

               Military Construction, Army National Guard

       For an additional amount for ``Military Construction, Army 
     National Guard'', $374,300,000, for necessary expenses 
     related to the consequences of hurricanes in the Gulf of 
     Mexico in calendar year 2005: Provided, That such funds may 
     be obligated or expended for planning and design and military 
     construction projects not otherwise authorized by law: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

               Military Construction, Air National Guard

       For an additional amount for ``Military Construction, Air 
     National Guard'', $35,000,000, to remain available until 
     September 30, 2010, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That such funds may be obligated or 
     expended for planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant

[[Page 29474]]

     to section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                  Military Construction, Naval Reserve

       For an additional amount for ``Military Construction, Naval 
     Reserve'', $120,132,000, for necessary expenses related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005: Provided, That such funds may be 
     obligated or expended for planning and design and military 
     construction projects not otherwise authorized by law: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                             FAMILY HOUSING

           Family Housing Construction, Navy and Marine Corps

       For an additional amount for ``Family Housing Construction, 
     Navy and Marine Corps'', $86,165,000, to remain available 
     until September 30, 2010, for necessary expenses related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005: Provided, That such funds may be 
     obligated or expended for planning and design and military 
     construction projects not otherwise authorized by law: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

    Family Housing Operation and Maintenance, Navy and Marine Corps

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Navy and Marine Corps'', $48,889,000, for 
     necessary expenses related to the consequences of hurricanes 
     in the Gulf of Mexico in calendar year 2005, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                 Family Housing Construction, Air Force

       For an additional amount for ``Family Housing Construction, 
     Air Force'', $278,000,000, to remain available until 
     September 30, 2010, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That such funds may be obligated or 
     expended for planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

          Family Housing Operation and Maintenance, Air Force

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Air Force'', $47,019,000, to remain available 
     until September 30, 2007, for necessary expenses related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                            Medical Services

       For an additional amount for ``Medical Services'', 
     $198,265,000, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                      Departmental Administration


                       General Operating Expenses

       For an additional amount for ``General Operating 
     Expenses'', $24,871,000, for necessary expenses related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.


                    National Cemetery Administration

       For an additional amount for ``National Cemetery 
     Administration'', $200,000, for necessary expenses related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.


                      Construction, Major Projects

       For an additional amount for ``Construction, Major 
     Projects'', $367,500,000, to remain available until expended, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                      Construction, Minor Projects

       For an additional amount for ``Construction, Minor 
     Projects,'' $1,800,000, to remain available until expended, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                             RELATED AGENCY

                      Armed Forces Retirement Home

       For payment to the ``Armed Forces Retirement Home'' for 
     necessary expenses related to the consequences of Hurricane 
     Katrina, $65,800,000, to remain available until expended: 
     Provided, That of the amount provided, $45,000,000 shall be 
     available for the Armed Forces Retirement Home, Gulfport, 
     Mississippi: Provided further, That of the amount provided, 
     $20,800,000 shall be available for the Armed Forces 
     Retirement Home, Washington, DC: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 701. The limitation of Federal contribution 
     established under section 18236(b) of title 10 is hereby 
     waived for projects appropriated in this chapter.
       Sec. 702. For any real property expressly granted to the 
     United States since January 1, 1980 for use as or in 
     connection with a Navy homeport subject to a reversionary 
     interest retained by the grantor and serving as the site of 
     or being used by a naval station subsequently closed or 
     realigned pursuant to the Defense Base Closure and 
     Realignment Act of 1990 as amended, the right of the United 
     States to any consideration or repayment for the fair market 
     value of the real property as improved shall be released, 
     relinquished, waived, or otherwise permanently extinguished. 
     The Secretary shall execute such written agreements as may be 
     needed to facilitate the reversion and transfer all right, 
     title, and interest of the United States in any real property 
     described in this section, including the improvements 
     thereon, for no consideration to the reversionary interest 
     holder as soon as practicable after the naval station is 
     closed or realigned. This agreement shall not require the 
     reversionary interest holder to assume any environmental 
     liabilities of the United States or relieve the United States 
     from any responsibilities for environmental remediation that 
     it may have incurred as a result of federal ownership or use 
     of the real property.
       Sec. 703. (a) Notwithstanding 38 U.S.C. 2102, the Secretary 
     of Veterans Affairs may make a grant to a veteran whose home 
     was previously adapted with the assistance of a grant under 
     chapter 21 of title 38, United States Code, in the event the 
     adapted home which was being used and occupied by the veteran 
     was destroyed or substantially damaged in the declared 
     disaster areas as a result of hurricanes in the Gulf of 
     Mexico in calendar year 2005, as determined by the President 
     under the Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.). The grant available to acquire a 
     suitable housing unit with special fixtures or movable 
     facilities made necessary by the veteran's disability, and 
     necessary land therefor. This authority expires on September 
     30, 2006: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
       (b) The amount of the grant authorized by this subsection 
     may not exceed the lesser of:
       (1) the reasonable cost, as determined by the Secretary of 
     Veterans Affairs, of repairing or replacing the adapted home 
     in excess of the available insurance coverage on the damaged 
     or destroyed home; or
       (2) the maximum grant to which the veteran would have been 
     entitled under 38 U.S.C. 2102 (a) or (b) had the veteran not 
     obtained the prior grant.
       Sec. 704. In any case where the Secretary of Veterans 
     Affairs determines that a veteran described in 38 U.S.C. 
     3108(a)(2) has been displaced as the result of hurricanes in 
     the Gulf of Mexico in calendar year 2005, from the disaster 
     area, as determined by the President under the Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
     the Secretary may extend the payment of subsistence allowance 
     authorized by such paragraph for up to an additional two 
     months while the veteran is satisfactorily following such 
     program of employment services. This authority expires on 
     September 30, 2006: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.
       Sec. 705. The annual limitation contained in 38 U.S.C. 
     3120(e) shall not apply in any case where the Secretary of 
     Veterans Affairs determines that a veteran described in 38 
     U.S.C. 3120(b) has been displayed as the result of, or has 
     otherwise been adversely affected in the areas covered by 
     hurricanes in the Gulf of Mexico in calendar year 2005, as 
     determined by the President under the Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.). This 
     authority expires on September 30, 2006: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.
       Sec. 706. Notwithstanding 38 U.S.C. 3903(a), the Secretary 
     of Veterans Affairs may provide or

[[Page 29475]]

     assist in providing an eligible person with a second 
     automobile or other conveyance under the provisions of 
     chapter 39 of title 38 United States Code, if the Secretary 
     receives satisfactory evidence that the automobile or other 
     conveyance previously purchased with assistance under such 
     chapter was destroyed as a result of hurricanes in the Gulf 
     of Mexico in calendar year 2005, and through no fault of the 
     eligible person: Provided, That that person does not 
     otherwise receive from a property insurer compensation for 
     the loss. This authority expires on September 30, 2006: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                               CHAPTER 8

                         DEPARTMENT OF JUSTICE

                            Legal Activities


             Salaries and Expenses, United States Attorneys

       For an additional amount for ``Salaries and Expenses, 
     United States Attorneys'', $9,000,000, for necessary expenses 
     related to the consequences of hurricanes in the Gulf of 
     Mexico in calendar year 2005: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                     United States Marshals Service


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $9,000,000, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $45,000,000, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                    Drug Enforcement Administration


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $10,000,000, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $20,000,000, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico in calendar 
     year 2005: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                         Federal Prison System


                        Buildings and Facilities

       For an additional amount for ``Buildings and Facilities'', 
     $11,000,000, to remain available until expended, for 
     necessary expenses related to the consequences of hurricanes 
     in the Gulf of Mexico in calendar year 2005: Provided, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                       Office of Justice Programs


               state and local law enforcement assistance

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $125,000,000, for necessary 
     expenses related to the direct or indirect consequences of 
     hurricanes in the Gulf of Mexico in calendar year 2005, to 
     remain available until expended: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006: Provided further, That the Attorney General shall 
     consult with the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives on the allocation of funds prior to 
     expenditure.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

       For an additional amount for ``Operations, Research, and 
     Facilities'', $17,200,000, to remain available until 
     expended, for necessary expenses related to the consequences 
     of hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


               Procurement, Acquisition and Construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $37,400,000, to remain available until 
     expended, for necessary expenses related to the consequences 
     of hurricanes in the Gulf of Mexico in calendar year 2005: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

             National Aeronautics and Space Administration


                        Exploration Capabilities

       For an additional amount for ``Exploration Capabilities'', 
     $349,800,000, to remain available until expended, for 
     necessary expenses related to the consequences of hurricanes 
     in the Gulf of Mexico in calendar year 2005: Provided, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                     Small Business Administration


                      Office of Inspector General

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


                     Disaster Loans Program Account

                     (including transfer of funds)

       For an additional amount for the ``Disaster Loans Program 
     Account'' authorized by section 7(b) of the Small Business 
     Act, for necessary expenses related to hurricanes in the Gulf 
     of Mexico in calendar year 2005 and other natural disasters, 
     $264,500,000, to remain available until expended: Provided, 
     That such costs, including the cost of modifying such loans 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974.
       In addition, for administrative expenses to carry out the 
     direct loan program authorized by section 7(b), $176,500,000, 
     to remain available until expended, which may be transferred 
     to and merged with ``Salaries and Expenses'': Provided, That 
     the amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006: Provided further, That no funds shall 
     be transferred to the appropriation for ``Salaries and 
     Expenses'' for indirect administrative expenses.

                    GENERAL PROVISIONS--THIS CHAPTER


                     (including transfer of funds)

       Sec. 801. Of the unobligated balances available under 
     ``National Institute of Standards and Technology, Industrial 
     Technology Services'' for the Hollings Manufacturing 
     Extension Partnership Program, $4,500,000 shall be used to 
     assist manufacturers recovering from hurricanes in the Gulf 
     of Mexico in calendar year 2005: Provided, That only 
     Manufacturing Extension Centers in States affected by 
     hurricanes in the Gulf of Mexico in calendar year 2005 shall 
     be eligible for hurricane recovery assistance funds: Provided 
     further, That these funds shall be allocated to the 
     Manufacturing Extension Centers in these States based on an 
     assessment of the needs of manufacturers in the counties 
     declared a disaster by the Federal Emergency Management 
     Agency: Provided further, That employment and productivity 
     shall be among the metrics used in developing the needs 
     assessment: Provided further, That the matching provisions of 
     15 U.S.C. 278(k) paragraph (c) shall not apply to amounts 
     provided by this Act or by Public Law 109-108 to 
     Manufacturing Extension Centers serving areas affected by 
     hurricanes in the Gulf of Mexico in calendar year 2005.
       Sec. 802. The Attorney General shall transfer to the 
     ``Narrowband Communications/Integrated Wireless Network'' 
     account all funds made available in this Act to the 
     Department of Justice for the purchase of portable and mobile 
     radios and related infrastructure. Any transfer made under 
     this section shall be subject to section 605 of Public Law 
     109-108.

                               CHAPTER 9

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                        Facilities and Equipment

                    (airport and airway trust fund)

       For an additional amount for ``Facilities and equipment'', 
     $40,600,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until expended, for necessary 
     expenses related to the consequences of hurricanes in the 
     Gulf of Mexico during calendar year 2005: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                     Federal Highway Administration


                        Emergency Relief Program

       For an additional amount for ``Emergency relief program'' 
     as authorized under 23 U.S.C. 125, $2,750,000,000, to remain 
     available until expended, for necessary expenses related to 
     the consequences of Hurricanes Katrina, Rita, and Wilma: 
     Provided, That of the funds provided herein, up to 
     $629,000,000 shall be available to repair and reconstruct the 
     I-10 bridge spanning

[[Page 29476]]

     New Orleans and Slidell, Louisiana in accordance with current 
     design standards as contained in 23 U.S.C. 125: Provided 
     further, That notwithstanding 23 U.S.C. 120(e) and from funds 
     provided herein, the Federal share for all projects for 
     repairs or reconstruction of highways, roads, bridges, and 
     trails to respond to damage caused by Hurricanes Katrina, 
     Rita, and Wilma shall be 100 percent: Provided further, That 
     notwithstanding 23 U.S.C. 125(d)(1), the Secretary of 
     Transportation may obligate more than $100,000,000 for such 
     projects in a State in a fiscal year, to respond to damage 
     caused by Hurricanes Dennis, Katrina, Rita or Wilma and by 
     the 2004-2005 winter storms in the State of California: 
     Provided further, That any amounts in excess of those 
     necessary for emergency expenses relating to the above 
     hurricanes may be used for other projects authorized under 23 
     U.S.C. 125: Provided further, That such amounts as may be 
     necessary but not to exceed $550,000,000 may be made 
     available promptly from the funds provided herein to pay for 
     other projects authorized under 23 U.S.C. 125 arising from 
     natural disasters or catastrophic failures from external 
     causes that occurred prior to Hurricane Wilma and that are 
     ready to proceed to construction or are eligible for 
     reimbursement: Provided further, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                        Maritime Administration


                        Operations and Training

       For an additional amount for ``Operations and training'', 
     $7,500,000, to remain available until September 30, 2007, for 
     necessary expenses related to the consequences of hurricanes 
     in the Gulf of Mexico during calendar year 2005: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                     Tenant-Based Rental Assistance

       For an additional amount for housing vouchers for 
     households within the area declared a major disaster under 
     the Robert T. Stafford Disaster Relief and Emergency Act (42 
     U.S.C. 5121 et seq.) resulting from hurricanes in the Gulf of 
     Mexico during calendar year 2005, $390,299,500, to remain 
     available until September 30, 2007: Provided, That such 
     households shall be limited to those which, prior to 
     Hurricanes Katrina or Rita, received assistance under section 
     8 or 9 of the United States Housing Act of 1937 (Public Law 
     93-383), section 801 or 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (Public Law 101-625), the AIDS Housing 
     Opportunity Act (Public Law 101-625), or the Stewart B. 
     McKinney Homeless Assistance Act (Public Law 100-77); or 
     those which were homeless or in emergency shelters in the 
     declared disaster area prior to Hurricanes Katrina or Rita: 
     Provided further, That these funds are available for 
     assistance, under section 8(o) of the United States Housing 
     Act of 1937: Provided further, That in administering 
     assistance under this heading the Secretary of Housing and 
     Urban Development may waive requirements for income 
     eligibility and tenant contribution under section 8 of such 
     Act for up to 18 months: Provided further, That all 
     households receiving housing vouchers under this heading 
     shall be eligible to reoccupy their previous assisted 
     housing, if and when it becomes available: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

                   Community Planning and Development


                       Community Development Fund

       For an additional amount for the ``Community development 
     fund'', for necessary expenses related to disaster relief, 
     long-term recovery, and restoration of infrastructure in the 
     most impacted and distressed areas related to the 
     consequences of hurricanes in the Gulf of Mexico in 2005 in 
     States for which the President declared a major disaster 
     under title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 
     conjunction with Hurricanes Katrina, Rita, or Wilma, 
     $11,500,000,000, to remain available until expended, for 
     activities authorized under title I of the Housing and 
     Community Development Act of 1974 (Public Law 93-383): 
     Provided, That, no State shall receive more than 54 percent 
     of the amount provided under this heading, Provided further, 
     That funds provided under this heading shall be administered 
     through an entity or entities designated by the Governor of 
     each State: Provided further, That such funds may not be used 
     for activities reimbursable by or for which funds are made 
     available by the Federal Emergency Management Agency or the 
     Army Corps of Engineers: Provided further, That funds 
     allocated under this heading shall not adversely affect the 
     amount of any formula assistance received by a State under 
     this heading: Provided further, That each State may use up to 
     five percent of its allocation for administrative costs: 
     Provided further, That Louisiana and Mississippi may each use 
     up to $20,000,000 (with up to $400,000 each for technical 
     assistance) from funds made available under this heading for 
     LISC and the Enterprise Foundation for activities authorized 
     by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 
     9816 note), as in effect immediately before June 12, 1997, 
     and for activities authorized under section 11 of the Housing 
     Opportunity Program Extension Act of 1996, including 
     demolition, site clearance and remediation, and program 
     administration: Provided further, That in administering the 
     funds under this heading, the Secretary of Housing and Urban 
     Development shall waive, or specify alternative requirements 
     for, any provision of any statute or regulation that the 
     Secretary administers in connection with the obligation by 
     the Secretary or the use by the recipient of these funds or 
     guarantees (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     upon a request by the State that such waiver is required to 
     facilitate the use of such funds or guarantees, and a finding 
     by the Secretary that such waiver would not be inconsistent 
     with the overall purpose of the statute, as modified: 
     Provided further, That the Secretary may waive the 
     requirement that activities benefit persons of low and 
     moderate income, except that at least 50 percent of the funds 
     made available under this heading must benefit primarily 
     persons of low and moderate income unless the Secretary 
     otherwise makes a finding of compelling need: Provided 
     further, That the Secretary shall publish in the Federal 
     Register any waiver of any statute or regulation that the 
     Secretary administers pursuant to title I of the Housing and 
     Community Development Act of 1974 no later than 5 days before 
     the effective date of such waiver: Provided further, That 
     every waiver made by the Secretary must be reconsidered 
     according to the three previous provisos on the two-year 
     anniversary of the day the Secretary published the waiver in 
     the Federal Register: Provided further, That prior to the 
     obligation of funds each state shall submit a plan to the 
     Secretary detailing the proposed use of all funds, including 
     criteria for eligibility and how the use of these funds will 
     address long-term recovery and restoration of infrastructure: 
     Provided further, That each state will report quarterly to 
     the Committees on Appropriations on all awards and uses of 
     funds made available under this heading, including 
     specifically identifying all awards of sole-source contracts 
     and the rationale for making the award on a sole-source 
     basis: Provided further, That the Secretary shall notify the 
     Committees on Appropriations on any proposed allocation of 
     any funds and any related waivers made pursuant to these 
     provisions under this heading no later than 5 days before 
     such waiver is made: Provided further, That the Secretary 
     shall establish procedures to prevent recipients from 
     receiving any duplication of benefits and report quarterly to 
     the Committees on Appropriations with regard to all steps 
     taken to prevent fraud and abuse of funds made available 
     under this heading including duplication of benefits: 
     Provided further, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                       Administrative Provisions

       Sec. 901. Notwithstanding provisions of the United States 
     Housing Act of 1937 (Public Law 93-383), in order to assist 
     public housing agencies located within the most heavily 
     impacted areas of Louisiana and Mississippi that are subject 
     to a declaration by the President of a major disaster under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) in connection with 
     Hurricanes Katrina or Rita, the Secretary for calendar year 
     2006 may authorize a public housing agency to combine 
     assistance provided under sections 9(d) and (e) of the United 
     States Housing Act of 1937 and assistance provided under 
     section 8(o) of such Act, for the purpose of facilitating the 
     prompt, flexible and efficient use of funds provided under 
     these sections of the Act to assist families who were 
     receiving housing assistance under the Act immediately prior 
     to Hurricanes Katrina or Rita and were displaced from their 
     housing by the hurricanes.
       Sec. 902. To the extent feasible the Secretary of Housing 
     and Urban Development shall preserve all housing within the 
     area declared a major disaster under the Robert T. Stafford 
     Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) 
     resulting from Hurricanes Katrina or Rita that received 
     project-based assistance under section 8 or 9 of the United 
     States Housing Act of 1937, section 801 or 811 of the 
     Cranston-Gonzalez National Affordable Housing Act, the AIDS 
     Housing Opportunity Act, or the Stewart B. McKinney Homeless 
     Assistance Act: Provided, That the Secretary shall report to 
     the Committees on Appropriations on the status of all such 
     housing, including costs associated with any repair or 
     rehabilitation, within 120 days of enactment of this Act.

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services


                         Salaries and Expenses

       For an additional amount for ``Salaries and expenses, 
     Courts of Appeals, District Courts, and Other Judicial 
     Services'', $18,000,000, to remain available until expended, 
     for necessary expenses related to the consequences of 
     hurricanes in the Gulf of Mexico during calendar year 2005: 
     Provided, That notwithstanding any other provision of law 
     such sums shall be available for transfer to accounts within 
     the Judiciary subject to approval of the Judiciary operating 
     plan: Provided further, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

[[Page 29477]]



                           INDEPENDENT AGENCY

                    General Services Administration


                         Federal Buildings Fund

       For an additional amount for ``Federal buildings fund'', 
     $38,000,000, from the General Fund and to remain available 
     until expended, for necessary expenses related to the 
     consequences of hurricanes in the Gulf of Mexico during 
     calendar year 2005: Provided, That notwithstanding 40 U.S.C. 
     3307, the Administrator of General Services is authorized to 
     proceed with repairs and alterations for those facilities: 
     Provided further, That the the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                                TITLE II

  EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS PANDEMIC INFLUENZA

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

       For an additional amount for the ``Office of the 
     Secretary'', related to the detection of and response to 
     highly pathogenic avian influenza, including research and 
     development, $11,350,000, to remain available until September 
     30, 2007: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     related to the detection of and response to highly pathogenic 
     avian influenza, including research and development, 
     $7,000,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

      Cooperative State Research, Education, and Extension Service


                   RESEARCH AND EDUCATION ACTIVITIES

       For an additional amount for ``Research and Education 
     Activities'', related to the detection of and response to 
     highly pathogenic avian influenza, $1,500,000, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     related to the detection of and response to highly pathogenic 
     avian influenza, $71,500,000, to remain available until 
     September 30, 2007: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       For an additional amount for ``Food and Drug 
     Administration, Salaries and Expenses'', to prepare for and 
     respond to an influenza pandemic, $20,000,000, to remain 
     available until September 30, 2007: Provided, That of the 
     total amount appropriated $18,000,000 shall be for the Center 
     for Biologics Evaluation and Research and for related field 
     activities in the Office of Regulatory Affairs, and 
     $2,000,000 shall be for other activities including the Office 
     of the Commissioner and the Office of Management: Provided 
     further, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'' for surveillance, communication equipment, and 
     assistance to military partner nations in procuring 
     protective equipment, $10,000,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'' for 
     necessary expenses related to vaccine purchases, storage, 
     expanded avian influenza surveillance programs, equipment, 
     essential information management systems, and laboratory 
     diagnostic equipment, $120,000,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                               CHAPTER 3

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States Agency for International Development


                Child Survival and Health Programs Fund

       For an additional amount for ``Child Survival and Health 
     Programs Fund'' for activities related to surveillance, 
     planning, preparedness, and response to the avian influenza 
     virus, $75,200,000, to remain available until expended: 
     Provided, That funds appropriated by this paragraph may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672: Provided further, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.


              International Disaster and Famine Assistance

       For an additional amount for ``International Disaster and 
     Famine Assistance'' for the pre-positioning and deployment of 
     essential supplies and equipment for preparedness and 
     response to the avian influenza virus, $56,330,000, to remain 
     available until expended: Provided, That funds appropriated 
     by this paragraph may be obligated and expended 
     notwithstanding section 10 of Public Law 91-672: Provided 
     further, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    General Provision--This Chapter

       Sec. 2301. Within 30 days from the date of enactment of 
     this Act and every six months thereafter, the Administrator 
     of the United States Agency for International Development 
     shall submit to the Committees on Appropriations a report 
     which identifies, for all projects funded from amounts 
     appropriated by this Act that are administered by that 
     agency, the following: the program objectives for each such 
     project, the approximate timeline for achieving each of those 
     objectives, the amounts obligated and expended for each 
     project, and the current status of program performance with 
     reference to identified program objectives and the timeline 
     for achieving those objectives.

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

            Office of the Secretary and Executive Management

       For an additional amount for ``Office of the Secretary and 
     Executive Management'', $47,283,000, to remain available 
     until expended, for necessary expenses to train, plan, and 
     prepare for a potential outbreak of highly pathogenic 
     influenza: Provided, That these funds may be transferred to 
     other Department of Homeland Security appropriations accounts 
     in accordance with section 503 of Public Law 109-90: Provided 
     further, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                          Resource Management

       For an additional amount for ``Resource Management'' for 
     the detection of highly pathogenic avian influenza in wild 
     birds, including the investigation of morbidity and mortality 
     events, targeted surveillance in live wild birds, and 
     targeted surveillance in hunter-taken birds, $7,398,000, to 
     remain available until September 30, 2007: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                         National Park Service


                 Operation of the National Park System

       For an additional amount for ``Operation of the National 
     Park System'' for the detection of highly pathogenic avian 
     influenza in wild birds, including the investigation of 
     morbidity and mortality events, $525,000, to remain available 
     until September 30, 2007: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                    United States Geological Survey


                 Surveys, Investigations, and Research

       For an additional amount for ``Surveys, Investigations, and 
     Research'' for the detection of highly pathogenic avian 
     influenza in wild birds, including the investigation of 
     morbidity and mortality events, targeted surveillance in live 
     wild birds, and targeted surveillance in hunter-taken birds, 
     $3,670,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary


            Public Health and Social Services Emergency Fund

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' to prepare for and respond to an 
     influenza pandemic,

[[Page 29478]]

     including the development and purchase of vaccines, 
     antivirals, and necessary medical supplies, and for planning 
     activities, $3,054,000,000, to remain available until 
     expended: Provided, That $350,000,000 shall be for Upgrading 
     State and Local Capacity and $50,000,000 shall be for 
     laboratory capacity and research at the Centers for Disease 
     Control and Prevention: Provided further, That products 
     purchased with these funds may, at the discretion of the 
     Secretary, be deposited in the Strategic National Stockpile: 
     Provided further, That notwithstanding section 496(b) of the 
     Public Health Service Act, funds may be used for the 
     construction or renovation of privately owned facilities for 
     the production of pandemic influenza vaccines and other 
     biologicals, where the Secretary finds such a contract 
     necessary to secure sufficient supplies of such vaccines or 
     biologicals: Provided further, That the Secretary may 
     negotiate a contract with a vendor under which a State may 
     place an order with the vendor for antivirals; may reimburse 
     a State for a portion of the price paid by the State pursuant 
     to such an order; and may use amounts made available herein 
     for such reimbursement: Provided further, That funds 
     appropriated herein and not specifically designated under 
     this heading may be transferred to other appropriation 
     accounts of the Department of Health and Human Services, as 
     determined by the Secretary to be appropriate, to be used for 
     the purposes specified in this sentence: Provided further, 
     That the amounts provided under this heading are designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress), the concurrent resolution on 
     the budget for fiscal year 2006.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' for activities related to pandemic 
     influenza, including international activities and activities 
     in foreign countries, related to preparedness planning, 
     enhancing the pandemic influenza regulatory science base, 
     accelerating pandemic influenza disease surveillance, 
     developing registries to monitor influenza vaccine 
     distribution and use, and supporting pandemic influenza 
     research, clinical trials and clinical trials infrastructure, 
     $246,000,000, of which $150,000,000, to remain available 
     until expended, shall be for the Centers for Disease Control 
     and Prevention to carry out global and domestic disease 
     surveillance, laboratory diagnostics, rapid response, and 
     quarantine: Provided, That funds appropriated herein and not 
     specifically designated under this heading may be transferred 
     to other appropriation accounts of the Department of Health 
     and Human Services, as determined by the Secretary to be 
     appropriate, to be used for the purposes specified in this 
     sentence: Provided further, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 7

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                            Medical Services

       For an additional amount for ``Medical Services'' for 
     enhanced avian influenza surveillance programs, planning 
     functions and preparations for the pandemic and to establish 
     real-time surveillance data exchange with the Centers for 
     Disease Control and Prevention, $27,000,000: Provided, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                               CHAPTER 8

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

                     (including transfer of funds)

       For an additional amount for ``Diplomatic and Consular 
     Programs'' to support avian influenza country coordination, 
     development of an avian influenza response plan, diplomatic 
     outreach, and health support of United States Government 
     employees, Peace Corps volunteers, and eligible family 
     members stationed abroad, $16,000,000, to remain available 
     until expended, of which $1,100,000 shall be transferred to 
     and merged with appropriations for the Peace Corps: Provided, 
     That funds appropriated by this paragraph may be obligated 
     and expended notwithstanding section 15 of the State 
     Department Basic Authorities Act of 1956: Provided further, 
     That the amounts provided under this heading are designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress), the concurrent resolution on 
     the budget for fiscal year 2006.


           Emergencies in the Diplomatic and Consular Service

       For an additional amount for ``Emergencies in the 
     Diplomatic and Consular Service'' for emergency evacuation 
     support of United States Government personnel, Peace Corps 
     volunteers, and dependents in regions affected by the avian 
     influenza, $15,000,000, to remain available until expended: 
     Provided, That funds appropriated by this paragraph may be 
     obligated and expended notwithstanding section 15 of the 
     State Department Basic Authorities Act of 1956: Provided 
     further, That notwithstanding section 402 of Public Law 109-
     108, upon a determination by the Secretary of State that 
     circumstances related to the avian influenza require 
     additional funding for activities under this heading, the 
     Secretary of State may transfer such amounts to ``Emergencies 
     in the Diplomatic and Consular Service'' from available 
     appropriations for the current fiscal year for the Department 
     of State as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to the previous proviso shall be treated as a reprogramming 
     of funds under section 605 of Public Law 109-108 and shall 
     not be available for obligation or expenditure except in 
     compliance with the procedures set forth in that section, 
     except that the Committees on Appropriations shall be 
     notified not less than 5 days in advance of any such 
     reprogramming: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                               TITLE III

                        RESCISSIONS AND OFFSETS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service


                        Conservation Operations

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $10,000,000 are rescinded: Provided, That funds for projects 
     or activities identified in the Statement of Managers that 
     accompanies House Report 109-255, pages 84 through 87, shall 
     not be reduced due to such rescission.

                        Rural Utilities Service


         Distance Learning, Telemedicine, and Broadband Program

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $9,900,000 are rescinded.

                       Food and Nutrition Service


                           Food Stamp Program

                              (Rescission)

       Of unobligated balances available under this heading of 
     funds provided pursuant to section 16(h)(1)(A) of the Food 
     Stamp Act of 1977, $11,200,000 are rescinded.

                      Foreign Agricultural Service


        Public Law 480 Title I Ocean Freight Differential Grants

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $35,000,000 are rescinded.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

            Disposal of Department of Defense Real Property


                              (Rescission)

       Of the unobligated balances available under this heading, 
     $45,000,000 are rescinded.

              Lease of Department of Defense Real Property


                              (Rescission)

       Of the unobligated balances available under this heading, 
     $30,000,000 are rescinded.

             Overseas Military Facility Investment Recovery


                              (Rescission)

       Of the unobligated balances available under this heading, 
     $5,000,000 are rescinded.

                               CHAPTER 3

                EXPORT-IMPORT BANK OF THE UNITED STATES

                         Subsidy Appropriation


                              (Rescission)

       Of the unobligated balances available under this heading in 
     Public Law 109-102 and Public Law 108-447, $25,000,000 are 
     rescinded.

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard


                           Operating Expenses

                         (rescission of funds)

         Of the funds appropriated under this heading in Public 
     Law 109-90, $260,533,000 are rescinded.

                  Federal Emergency Management Agency


                            Disaster Relief

                         (rescission of funds)

         Of the funds appropriated under this heading in Public 
     Law 109-62, $23,409,300,000 are rescinded.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   Management of Lands and Resources

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $500,000 are rescinded.

                United States Fish and Wildlife Service


                      Landowner Incentive Program

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $2,000,000 are rescinded.


            Cooperative Endangered Species Conservation Fund

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $1,000,000 are rescinded.

[[Page 29479]]



                               CHAPTER 6

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology


                     INDUSTRIAL TECHNOLOGY SERVICES

                              (RESCISSION)

       Of the unobligated balances available under this heading, 
     $7,000,000 are rescinded.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

                              (RESCISSION)

       Of the unobligated balances available under this heading, 
     $10,000,000 are rescinded.


            Embassy Security, Construction, and Maintenance

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $20,000,000 are rescinded.

                               CHAPTER 7

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration


                          federal-aid highways

                          (highway trust fund)

                              (rescission)

       Of the unobligated balances of funds apportioned to each 
     State under chapter 1 of title 23, United States Code, 
     $1,143,000,000 are rescinded: Provided, That such rescission 
     shall not apply to the funds distributed in accordance with 
     23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as in effect prior to 
     the date of enactment of Public Law 109-59, the first 
     sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 
     23 U.S.C. 163 as in effect prior to the enactment of Public 
     Law 109-59.

                    Federal Railroad Administration


    EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

                              (RESCISSION)

       Of the unobligated balances of amounts made available under 
     this heading in Public Law 109-115, $8,300,000 are rescinded: 
     Provided, That section 135 of title I of division A of Public 
     Law 109-115 is repealed.

                               CHAPTER 8

                      GOVERNMENT-WIDE RESCISSIONS

       Sec. 3801. (a) Across-the-Board Rescissions.--There is 
     hereby rescinded an amount equal to 1 percent of--
       (1) the budget authority provided (or obligation limit 
     imposed) for fiscal year 2006 for any discretionary account 
     of this Act and in any other fiscal year 2006 appropriation 
     Act;
       (2) the budget authority provided in any advance 
     appropriation for fiscal year 2006 for any discretionary 
     account in any prior fiscal year appropriation Act; and
       (3) the contract authority provided in fiscal year 2006 for 
     any program subject to limitation contained in any fiscal 
     year 2006 appropriation Act.
       (b) Proportionate Application.--Any rescission made by 
     subsection (a) shall be applied proportionately--
       (1) to each discretionary account and each item of budget 
     authority described in such subsection; and
       (2) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).
       (c) Exceptions.--This section shall not apply--
       (1) to discretionary budget authority that has been 
     designated pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006; or
       (2) to discretionary authority appropriated or otherwise 
     made available to the Department of Veterans Affairs.
       (d) OMB Report.--Within 30 days after the date of the 
     enactment of this section the Director of the Office of 
     Management and Budget shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a report specifying the account and amount of each rescission 
     made pursuant to this section.

              TITLE IV.--HURRICANE EDUCATION RECOVERY ACT

    Subtitle A--Elementary and Secondary Education Hurricane Relief

     SEC. 101. FINDINGS; DEFINITIONS.

       (a) Findings.--Congress finds the following:
       (1) Hurricane Katrina and Hurricane Rita have had a 
     devastating and unprecedented impact on students who attended 
     schools in the disaster areas.
       (2) Due to the devastating effects of Hurricane Katrina and 
     Hurricane Rita, a significant number of students have 
     enrolled in schools outside of the area in which they 
     resided, including a significant number of students who 
     enrolled in non-public schools because their parents chose to 
     enroll them in such schools.
       (3) 372,000 students were displaced by Hurricane Katrina. 
     Approximately 700 schools have been damaged or destroyed. 
     Nine States each have more than 1,000 of such displaced 
     students enrolled in their schools. In Texas alone, over 
     45,000 displaced students have enrolled in schools.
       (4) In response to these extraordinary conditions, this 
     subtitle creates a one-time only emergency grant for the 
     2005-2006 school year tailored to the needs and particular 
     circumstances of students displaced by Hurricane Katrina and 
     Hurricane Rita.
       (5) The level and type of assistance provided under this 
     subtitle, both for students attending public schools and 
     students attending non-public schools, is made available 
     solely because of the unprecedented nature of the crisis, the 
     massive dislocation of students, and the short duration of 
     the services or assistance.
       (b) Definitions.--Unless otherwise specified in this 
     subtitle, the terms used in this subtitle have the meanings 
     given the terms in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).

     SEC. 102. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide immediate services or assistance to local 
     educational agencies and non-public schools in Louisiana, 
     Mississippi, Alabama, and Texas that serve an area in which a 
     major disaster has been declared in accordance with section 
     401 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina 
     or Hurricane Rita; and
       (2) to assist school administrators and personnel of such 
     agencies or non-public schools with expenses related to the 
     restart of operations in, the re-opening of, and the re-
     enrollment of students in, elementary schools and secondary 
     schools in such areas.
       (b) Payments Authorized.--From amounts appropriated to 
     carry out this subtitle, the Secretary of Education is 
     authorized to make payments, on such basis as the Secretary 
     determines appropriate, taking into consideration the number 
     of students who were enrolled, during the 2004-2005 school 
     year, in elementary schools and secondary schools that were 
     closed on September 12, 2005, as a result of Hurricane 
     Katrina or on October 7, 2005, as a result of Hurricane Rita, 
     to State educational agencies in Louisiana, Mississippi, 
     Alabama, and Texas to enable such agencies to provide 
     services or assistance to local educational agencies or non-
     public schools serving an area in which a major disaster has 
     been declared in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), related to Hurricane Katrina or Hurricane Rita.
       (c) Eligibility, Consideration, and Equity--
       Eligibility and Consideration.--From the payment provided 
     by the Secretary of Education under subsection (b), the State 
     educational agency shall provide services and assistance to 
     local educational agencies and non-public schools, consistent 
     with the provisions of this section. In determining the 
     amount to be provided for services or assistance under this 
     section, the State educational agency shall consider the 
     following:
       (A) The number of school-aged children served by the local 
     educational agency or non-public school in the academic year 
     preceding the academic year for which the services or 
     assistance are provided.
       (B) The severity of the impact of Hurricane Katrina or 
     Hurricane Rita on the local educational agency or non-public 
     school and the extent of the needs of each local educational 
     agency or non-public school in Louisiana, Mississippi, 
     Alabama, and Texas that is in an area in which a major 
     disaster has been declared in accordance with section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina 
     or Hurricane Rita.
       (2) Equity.--Educational services and assistance provided 
     for eligible non-public school students under paragraph (1) 
     shall be eligible in comparison to the educational services 
     and other benefits provided for public school students under 
     this secretary, and shall be provided in a timely manner.
       (d) Applications.--Each local educational agency or non-
     public school desiring services or assistance under this 
     section shall submit an application to the State educational 
     agency at such time, in such manner, and accompanied by such 
     information as the State educational agency may reasonably 
     require to ensure expedited and timely provision of services 
     or assistance to the local educational agency or non-public 
     school.
       (e) Uses of Funds.--
       (1) In general.--A local educational agency or non-public 
     school receiving services or assistance from the State 
     educational agency under this section shall use such services 
     or assistance for--
       (A) recovery of student and personnel data, and other 
     electronic information;
       (B) replacement of school district information systems, 
     including hardware and software;
       (C) financial operations;
       (D) reasonable transportation costs;
       (E) rental of mobile educational units and leasing of 
     neutral sites or spaces;
       (F) initial replacement of instructional materials and 
     equipment, including textbooks;
       (G) redeveloping instructional plans, including curriculum 
     development;
       (H) initiating and maintaining education and support 
     services; and
       (I) such other activities related to the purpose of this 
     section that are approved by the Secretary.
       (2) Use with other available funds.--A local educational 
     agency or non-public school receiving services or assistance 
     under this section may use such services or assistance in 
     coordination with other Federal, State, or local

[[Page 29480]]

     funds available for the activities described in paragraph 
     (1).
       (3) Special rules.--
       (A) Prohibition.--Services or assistance provided under 
     this section shall not be used for construction or major 
     renovation of schools.
       (B) Secular, neutral, and nonideological services or 
     assistance.--Services or assistance provided under this 
     section, including equipment and materials, shall be secular, 
     neutral, and nonideological.
       (f) Supplement Not Supplant.--
       (1) In general.--Except as provided in paragraph (2), 
     services or assistance made available under this section 
     shall be used to supplement, not supplant, any funds made 
     available through the Federal Emergency Management Agency or 
     through a State.
       (2) Exception.--Paragraph (1) shall not prohibit the 
     provision of Federal assistance under this section to an 
     eligible State educational agency, local educational agency, 
     or non-public school that is or may be entitled to receive, 
     from another source, benefits for the same purposes as under 
     this section if--
       (A) such State educational agency, local educational 
     agency, or school has not received such other benefits by the 
     time of application for Federal assistance under this 
     section; and
       (B) such State educational agency, local educational 
     agency, or school agrees to repay all duplicative Federal 
     assistance received to carry out the purposes of this 
     section.
       (g) Definition of Non-Public School.--The term ``non-public 
     school'' means a non-public elementary school or secondary 
     school that--
       (1) is accredited or licensed or otherwise operates in 
     accordance with State law; and
       (2) was in existence prior to August 22, 2005.
       (h) Assistance to Non-Public Schools.--
       (1) Funds availability.--From the payment provided by the 
     Secretary of Education under subsection (b) to a State 
     educational agency, the State educational agency shall 
     reserve an amount of funds, to be made available to non-
     public schools in the State, that is not less than an amount 
     that bears the same relation to the payment as the number of 
     non-public elementary schools and secondary schools in the 
     State bears to the total number of non-public and public 
     elementary schools and secondary schools in the State. The 
     number of such schools shall be determined by the National 
     Center for Education Statistics Common Core of Data for the 
     2003-2004 school year. Such funds shall be used for the 
     provision of services or assistance at non-public schools, 
     except as provided in paragraph (2).
       (2) Special rule.--If funds made available under paragraph 
     (1) remain unobligated 120 days after the date of enactment 
     of this Act, such funds may be used to provide services or 
     assistance under this section to local educational agencies 
     or non-public schools.
       (3) Public control of funds.--The control of funds for the 
     services and assistance provided to a non-public school under 
     paragraph (1), and title to materials, equipment, and 
     property purchased with such funds, shall be in a public 
     agency, and a public agency shall administer such funds, 
     materials, equipment, and property and shall provide such 
     services (or may contract for the provision of such services 
     with a public or private entity).

     SEC. 103 HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES SERVING 
                   MAJOR DISASTER AREAS.

       In the case of a local educational agency that serves an 
     area in which the President has declared that a major 
     disaster exists in accordance with section 401 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), related to Hurricane Katrina or Hurricane Rita, 
     the amount made available for such local educational agency 
     under each of sections 1124, 1124A, 1125, and 1125A of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6333, 6334, 6335, and 6337) for fiscal year 2006 shall be not 
     less than the amount made available for such local 
     educational agency under each of such sections for fiscal 
     year 2005.

     SEC. 104. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.

       (a) Teacher and Paraprofessional Reciprocity.--
       (1) Teachers.--
       (A) Affected teacher.--In this subsection, the term 
     ``affected teacher'' means a teacher who is displaced due to 
     Hurricane Katrina or Hurricane Rita and relocates to a State 
     that is different from the State in which such teacher 
     resided on August 22, 2005.
       (B) Reciprocity.--
       (i) Teachers.--A local educational agency may consider an 
     affected teacher hired by such agency who is not highly 
     qualified in a core academic subject in the State in which 
     such agency is located to be highly qualified in the same 
     core academic subject or area, for purposes of section 1119 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6319), for the 2005-2006 school year, if such teacher 
     was highly qualified, consistent with section 9101(23) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(23)), on or before August 22, 2005, in the State in 
     which such teacher resided on August 22, 2005.
       (ii) Special Education Teachers.--A local educational 
     agency may consider an affected special education teacher 
     hired by such agency who is not highly qualified in the State 
     in which such agency is located to be highly qualified, for 
     purposes of section 612(a)(14) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(14)), for the 
     2005-2006 school year, if such teacher was highly qualified, 
     consistent with section 602(10) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1401(10)), on or before 
     August 22, 2005, in the State in which such teacher resided 
     on August 22, 2005.
       (2) Paraprofessional.--
       (A) Affected Paraprofessional.--In this subsection, the 
     term ``affected paraprofessional'' means a paraprofessional 
     who is displaced due to Hurricane Katrina or Hurricane Rita 
     and relocates to a State that is different from the State in 
     which such paraprofessional resided on August 22, 2005.
       (B) Reciprocity.--A local educational agency may consider 
     an affected paraprofessional hired by such agency who does 
     not satisfy the requirements of section 1119(c) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6319(c)) in the State in which such agency is located to 
     satisfy such requirements, for purposes of such section, for 
     the 2005-2006 school year, if such paraprofessional satisfied 
     such requirements on or before August 22, 2005, in the State 
     in which such paraprofessional resided on August 22, 2005.
       (b) Delay.--The Secretary of Education may delay, for a 
     period not to exceed 1 year, applicability of the 
     requirements of paragraphs (2) and (3) of section 1119(a) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6319(a)(2) and (3)) and section 612(a)(14)(C) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1412(a)(14)(C)) with respect to the States of Alabama, 
     Louisiana, Texas, and Mississippi (and local educational 
     agencies within the jurisdiction of such States), if any such 
     State or local educational agency demonstrates that a failure 
     to comply with such requirements is due to exceptional or 
     uncontrollable circumstances, such as a natural disaster or a 
     precipitous and unforeseen decline in the financial resources 
     of local educational agencies within the State.

     SEC. 105. REGULATORY AND FINANCIAL RELIEF.

       (a) Waiver Authority.--Subject to subsections (b) and (c), 
     in providing any grant or other assistance, directly or 
     indirectly, to an entity in an affected State in which a 
     major disaster has been declared in accordance with section 
     401 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina 
     or Hurricane Rita, the Secretary of Education may, as 
     applicable, waive or modify, in order to ease fiscal burdens, 
     any requirement relating to the following:
       (1) Maintenance of effort.
       (2) The use of Federal funds to supplement, not supplant, 
     non-Federal funds.
       (3) Any non-Federal share or capital contribution required 
     to match Federal funds provided under programs administered 
     by the Secretary of Education.
       (b) Duration.--A waiver under this section shall be for the 
     fiscal year 2006.
       (c) Limitations.--
       (1) Relation to idea.--Nothing in this section shall be 
     construed to waive or modify any provision of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1400 et seq.).
       (2) Maintenance of Effort.--If the Secretary grants a 
     waiver or modification under this section waiving or 
     modifying a requirement relating to maintenance of effort for 
     fiscal year 2006, the level of effort required for fiscal 
     year 2007 shall not be reduced because of the waiver or 
     modification.

     SEC. 106. ASSISTANCE FOR HOMELESS YOUTH.

       (a) In General.--The Secretary of Education shall provide 
     assistance to local educational agencies serving homeless 
     children and youths displaced by Hurricane Katrina or 
     Hurricane Rita, consistent with section 723 of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11433), including 
     identification, enrollment assistance, assessment and school 
     placement assistance, transportation, coordination of school 
     services, supplies, referrals for health, mental health, and 
     other needs.
       (b) Exception and Distribution of Funds.--
       (1) Exception.--For purposes of providing assistance under 
     subsection (a), subsections (c) and (e)(1) of section 722 and 
     subsections (b) and (c) of section 723 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 
     11433(b) and (c) shall not apply.
       (2) Disbursement.--The Secretary of Education shall 
     disburse funding provided under subsection (a) to State 
     educational agencies based on demonstrated need, as 
     determined by the Secretary, and such State educational 
     agencies shall distribute funds, that are appropriated under 
     section 109 and available to carry out this section, to local 
     educational agencies based on demonstrated need, for the 
     purposes of carrying out section 723 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11433).

     SEC. 107. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED 
                   STUDENTS.

       (a) Temporary Emergency Impact Aid Authorized.--
       (1) Aid to state educational agencies.--From amounts 
     appropriated to carry out this subtitle, the Secretary of 
     Education shall provide emergency impact aid to State 
     educational agencies to enable the State educational agencies 
     to make emergency impact aid payments to eligible local 
     educational agencies and eligible BIA-funded schools to 
     enable--
       (A) such eligible local educational agencies and schools to 
     provide for the instruction of students served by such 
     agencies and schools; and
       (B) such eligible local educational agencies to make 
     immediate impact aid payments to accounts established on 
     behalf of displaced students (referred to in this section as 
     ``accounts'')

[[Page 29481]]

     who are attending eligible non-public schools located in the 
     areas served by the eligible local educational agencies.
       (2) Aid to local educational agencies and bia-funded 
     schools.--A State educational agency shall make emergency 
     impact aid payments to eligible local educational agencies 
     and eligible BIA-funded schools in accordance with subsection 
     (d).
       (3) State educational agencies in certain states.--In the 
     case of the States of Louisiana and Mississippi, the State 
     educational agency shall carry out the activities of eligible 
     local educational agencies that are unable to carry out this 
     section, including eligible local educational agencies in 
     such States for which the State exercises the authorities 
     normally exercised by such local educational agencies.
       (4) Notice of funds availability.--Not later than 14 
     calendar days after the date of enactment of this Act, the 
     Secretary of Education shall publish in the Federal Register 
     a notice of the availability of funds under this section.
       (b) Definitions.--In this section:
       (1) Displaced student.--The term ``displaced student'' 
     means a student who enrolled in an elementary school or 
     secondary school (other than the school that the student was 
     enrolled in, or was eligible to be enrolled in, on August 22, 
     2005) because such student resides or resided on August 22, 
     2005, in an area for which a major disaster has been declared 
     in accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170), related to Hurricane Katrina or Hurricane Rita.
       (2) Eligible local educational agencies.--The term 
     ``eligible local educational agency'' means a local 
     educational agency that serves--
       (A) an elementary school or secondary school (including a 
     charter school) in which there is enrolled a displaced 
     student; or
       (B) an area in which there is located an eligible non-
     public school.
       (3) Eligible non-public school.--The term ``eligible non-
     public school'' means a non-public elementary school or 
     secondary school that--
       (A) is accredited or licensed or otherwise operates in 
     accordance with State law;
       (B) was in existence on August 22, 2005; and
       (C) serves a displaced student on behalf of whom an 
     application for an account has been made pursuant to 
     subsection (c)(2)(A)(ii).
       (4) Eligible bia-funded school.--In this section, the term 
     ``eligible BIA-funded school'' means a school funded by the 
     Bureau of Indian Affairs in which there is enrolled a 
     displaced student.
       (c) Application.--
       (1) State educational agency.--A State educational agency 
     that desires to receive emergency impact aid under this 
     section shall submit an application to the Secretary of 
     Education, not later than 7 calendar days after the date by 
     which an application under paragraph (2) must be submitted, 
     in such manner, and accompanied by such information as the 
     Secretary of Education may reasonably require, including--
       (A) information on the total displaced student child count 
     of the State provided by eligible local educational agencies 
     in the State and eligible BIA-funded schools in the State 
     under paragraph (2);
       (B) a description of the process for the parent or guardian 
     of a displaced student enrolled in a non-public school to 
     indicate to the eligible local educational agency serving the 
     area in which such school is located that the student is 
     enrolled in such school;
       (C) a description of the procedure to be used by an 
     eligible local educational agency in such State to provide 
     payments to accounts;
       (D) a description of the process to be used by an eligible 
     local educational agency in such State to obtain--
       (i) attestations of attendance of eligible displaced 
     students from eligible non-public schools, in order for the 
     local educational agency to provide payments to accounts on 
     behalf of eligible displaced students; and
       (ii) attestations from eligible non-public schools that 
     accounts are used only for the purposes described in 
     subsection (e)(1);
       (E) the criteria, including family income, used to 
     determine the eligibility for and the amount of assistance 
     under this section provided on behalf of a displaced student 
     attending an eligible non-public school; and
       (F) the student count for displaced students attending 
     eligible non-public schools.
       (2) Local educational agencies and bia-funded schools.--An 
     eligible local educational agency or eligible BIA-funded 
     school that desires an emergency impact aid payment under 
     this section shall submit an application to the State 
     educational agency, not later than 14 calendar days after the 
     date of the publication of the notice described in subsection 
     (a)(4), in such manner, and accompanied by such information 
     as the State educational agency may reasonably require, 
     including documentation submitted quarterly for the 2005-2006 
     school year that indicates the following:
       (A) In the case of an eligible local educational agency--
       (i) the number of displaced students enrolled in the 
     elementary schools and secondary schools (including charter 
     schools and including the number of displaced students who 
     are children with disabilities) served by such agency for 
     such quarter;
       (ii) the number of displaced students for whom the eligible 
     local educational agency expects to provide payments to 
     accounts under subsection (d)(3) including the number of 
     displaced students who are children with disabilities) for 
     such quarter who meet the following criteria:
       (I) the displaced student enrolled in an eligible non-
     public school prior to the date of enactment of this Act;
       (II) the parent or guardian of the displaced student chose 
     to enroll the student in the eligible non-public school in 
     which the student is enrolled; and
       (III) the parent or guardian of the displaced student 
     submitted, in a timely manner that allows the local 
     educational agency to meet the documentation requirements 
     under this paragraph, an application requesting that the 
     agency make a payment to an account on behalf of the student; 
     and
       (iii) an assurance that the local educational agency will 
     make payments to accounts within 14 calendar days of receipt 
     of funds provided under this section.
       (B) In the case of an eligible BIA-funded school, the 
     number of displaced students, including the number of 
     displaced students who are children with disabilities, 
     enrolled in such school for such quarter.
       (3) Determination of number of displaced students.--In 
     determining the number of displaced students for a quarter 
     under paragraph (2), an eligible local educational agency or 
     eligible BIA-funded school shall include the number of 
     displaced students served--
       (A) in the case of a determination for the first quarterly 
     installment, during the quarter prior to the date of 
     enactment of this Act; and
       (B) in the case of a determination for each subsequent 
     quarterly installment, during the quarter immediately 
     preceding the quarter for which the installment is provided.
       (d) Amounts of Emergency Impact Aid.--
       (1) Aid to state educational agencies.--
       (A) In general.--The amount of emergency impact aid 
     received by a State educational agency for the 2005-2006 
     school year shall equal the sum of--
       (i)  the product of the number of displaced students (who 
     are not children with disabilities), as determined by the 
     eligible local educational agencies and eligible BIA-funded 
     schools in the State under subsection (c)(2), times $6,000; 
     and
       (ii) the product of the number of displaced students who 
     are children with disabilities, as determined by the eligible 
     local educational agencies and eligible BIA-funded schools in 
     the State under subsection (c)(2), times $7,500.
       (B) Insufficient funds.--If the amount available under this 
     section to provide emergency impact aid under this subsection 
     is insufficient to pay the full amount that a State 
     educational agency is eligible to receive under this section, 
     the Secretary of Education shall ratably reduce the amount of 
     such emergency impact aid.
       (C) Retention of state share.--In the case of State 
     educational agency that has made a payment prior to the date 
     of enactment of this Act to a local educational agency for 
     the purpose of covering additional costs incurred as a result 
     of enrolling a displaced student in a school served by the 
     local educational agency, the State educational agency may 
     retain a portion of the payment described in paragraph 
     (2)(A)(ii) that bears the same relation to the total amount 
     of the payment under such paragraph as the sum of such prior 
     payments bears to the total cost of attendance for all 
     students in that local educational agency for whom the State 
     educational agency made such prior payments, except that a 
     local educational agency shall not adjust the level of 
     funding provided to accounts under this section based on the 
     State's retention of such amount.
       (2) Aid to eligible local educational agencies and eligible 
     bia-funded schools.--
       (A) Quarterly installments.--
       (i) In general.--A State educational agency shall provide 
     emergency impact aid payments under this section on a 
     quarterly basis for the 2005-2006 school year by such dates 
     as determined by the Secretary of Education. Such quarterly 
     installment payments shall be based on the number of 
     displaced students reported under subsection (c)(2) and in 
     the amount determined under clause (ii).
       (ii) Payment amount.--Each quarterly installment payment 
     under clause (i) shall equal 25 percent of the sum of--

       (I) the number of displaced students (who are not children 
     with disabilities) reported by the eligible local educational 
     agency or eligible BIA-funded school for such quarter (as 
     determined under subsection (c)(2) times $6,000; and
       (II) the number of displaced students who are children with 
     disabilities reported by the eligible local educational 
     agency or eligible BIA-funded school for such quarter (as 
     determined under subsection (c)(2)) times $7,500.

       (iii) Timeline.--The Secretary of Education shall establish 
     a timeline for quarterly reporting on the number of displaced 
     students in order to make the appropriate disbursements in a 
     timely manner.
       (iv) Insufficient funds.--If, for any quarter, the amount 
     available under this section to make payments under this 
     subsection is insufficient to pay the full amount that an 
     eligible local educational agency or eligible BIA-funded 
     school is eligible to receive under this section, the State 
     educational agency shall ratably reduce the amount of such 
     payments.
       (B) Maximum payment to account.--In providing quarterly 
     payments to an account for the 2005-2006 school year on 
     behalf of a displaced student for each quarter that such 
     student is enrolled in a non-public school in the area served 
     by the agency under paragraph (3), an eligible local 
     educational agency may provide not more than 4 quarterly 
     payments to such account (each of which shall be paid not 
     later

[[Page 29482]]

     than 14 calendar days after the date of receipt of each 
     quarterly installment payment received under subparagraph 
     (A)), and the aggregate amount of such payments shall not 
     exceed the lesser of--
       (i)(I) in the case of a displaced student who is not a 
     child with a disability $6,000; or
       (II) in the case of a displaced student who is a child with 
     a disability, $7,500; or
       (ii) the cost of tuition and fees (and transportation 
     expenses, if any) at the non-public school for the 2005-2006 
     school year.
       (C) Limitation.--A non-public school accessing funds on 
     behalf of a displaced student under this section must waive 
     tuition, or reimburse tuition paid, in an amount equal to the 
     amount accessed.
       (3) Displaced students.--Subject to the succeeding 
     sentence, an eligible local educational agency or eligible 
     BIA-funded school receiving emergency impact aid payments 
     under this section shall use the payment to provide services 
     and assistance to elementary schools and secondary schools 
     (including charter schools) served by such agency, or to such 
     BIA-funded school, that enrolled a displaced student. An 
     eligible local educational agency that receives emergency 
     impact aid payments under this section and that serves an 
     area in which there is located an eligible non-public school 
     shall, at the request of the parent or guardian of a 
     displaced student who meets the criteria described in 
     subsection (c)(2)(A)(ii) and who enrolled in a non-public 
     school in an area served by the agency, use such emergency 
     impact aid payment to provide payment on a quarterly basis 
     (but not to exceed the total amount specified in subsection 
     (d)(2)(B) for the 2005-2006 school year) to an account on 
     behalf of such displaced student.
       (e) Use of Funds.--
       (1) Authorized uses.--The authorized uses of funds are the 
     following:
       (A) Paying the compensation of personnel, including teacher 
     aides, in schools enrolling displaced students.
       (B) Identifying and acquiring curricular material, 
     including the costs of providing additional classroom 
     supplies, and mobile educational units and leasing sites or 
     spaces.
      (C) Basic instructional services for such students, 
     including tutoring, mentoring, or academic counseling.
       (D) Reasonable transportation costs.
       (E) Health and counseling services.
       (F) Education and support services.
       (2) Verification of enrollment for non-public schools.--
     Before providing a quarterly payment to an account, the 
     eligible local educational agency shall verify with the 
     parent or guardian of a displaced student that such displaced 
     student is, or was, enrolled in the non-public school for 
     such quarter.
       (3) Prohibition.--Funds received under this section shall 
     not be used for construction or major renovation of schools.
       (4) Provision of special education and related services.--
       (A) In general.--In the case of displaced student who is a 
     child with a disability, any payment made on behalf of such 
     student to an eligible local educational agency or any 
     payment available in an account for such student, shall be 
     used to pay for special education and related services 
     consistent with the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.).
       (B) Special rule.--
       (i) Retention.--Notwithstanding any other provision of this 
     section, if an eligible local educational agency provides 
     services to a displaced student attending an eligible non-
     public school under section 612(a)(10) of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1412(a)(10)), the 
     eligible local educational agency may retain a portion of the 
     assistance received under this section on behalf of such 
     student to pay for such services.
       (ii) Determination of portion.--

       (I) Guidelines.--Each State shall issue guidelines, not 
     later than 14 calendar days after the date of the publication 
     of the notice described in subsection (a)(4), that specify 
     the portion of the assistance that an eligible local 
     educational agency in the State may retain under this 
     subparagraph. Each State shall apply such guidelines in a 
     consistent manner throughout the State.
       (II) Determination of portion.--The portion specified in 
     the guidelines shall be based on customary costs of providing 
     services under such section 612(a)(10) for the local 
     educational agency.

       (C) Definitions.--In this paragraph:
       (i) Special education; related services.--The terms 
     ``special education'' and ``related services'' have the 
     meaning given such terms in section 602 of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1401).
       (ii) Individualized education program.--The term 
     ``individualized education program'' has the meaning given 
     the term in section 614(d)(2) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1414(d)(2)).
       (f) Return of Aid.--
       (1) Eligible local educational agency or eligible bia-
     funded school.--An eligible local educational agency or 
     eligible BIA-funded school that receives an emergency impact 
     aid payment under this section shall return to the State 
     educational agency any payment provided to the eligible local 
     educational agency or school under this section that the 
     eligible local educational agency or school has not obligated 
     by the end of the 2005-2006 school year in accordance with 
     this section.
       (2) State educational agency.--A State educational agency 
     that receives emergency impact aid under this section, shall 
     return to the Secretary of Education--
       (A) any aid provided to the agency under this section that 
     the agency has not obligated by the end of the 2005-2006 
     school year in accordance with this section; and
       (B) any payment funds returned to the State educational 
     agency under paragraph (1).
       (g) Limitation on Use of Aid and Payments.--Aid and 
     payments provided under this section shall only be used for 
     expenses incurred during the 2005-2006 school year.
       (h) Adminstrative Expenses.--A State educational agency 
     that receives emergency impact aid under this section may use 
     not more than 1 percent of such aid for administrative 
     expenses. An eligible local educational agency or eligible 
     BIA-funded school that receives emergency impact aid payments 
     under this section may use not more than 2 percent of such 
     payments for administrative expenses.
       (i) Special Funding Rule.--In calculating funding under 
     section 8003 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7703) for an eligible local educational 
     agency that receives an emergency impact aid payment under 
     this section, the Secretary of Education shall not count 
     displaced students served by such agency for whom an 
     emergency impact aid payment is received under this section, 
     nor shall such students be counted for the purpose of 
     calculating the total number of children in average daily 
     attendance at the schools served by such agency as provided 
     in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 
     7703(b)(3)(B)(i)).
       (j) Notice.--Each State receiving emergency impact aid 
     under this section shall provide, to the parent or guardian 
     of each displaced student for whom a payment is made under 
     this section to an account who resides in such State, 
     notification that--
       (1) such parent or guardian has the option of enrolling 
     such student in a public school or a non-public school; and
       (2) the temporary emergency impact aid for displaced 
     students provided under this section is temporary and is only 
     available for the 2005-2006 school year
       (k) Bypass.--For a State in which State law prohibits the 
     State from using Federal funds to directly provide services 
     on behalf of students attending non-public schools and 
     provides that another entity shall provide such services, the 
     Secretary of Education shall make such arrangements with that 
     entity.
       (l) Redirection of Funds.--
       (1) In general.--If a State educational agency or eligible 
     local educational agency is unable to carry out this section, 
     the Secretary of Education shall make such arrangements with 
     he State as the Secretary determines appropriate to carry out 
     this section on behalf of displaced students attending an 
     eligible non-public school in the area served by such agency.
       (20 Special rule.--If an eligible local educational agency 
     does not make a payment to an account within 14 calendar days 
     of receipt of funds provided under this section, then--
       (A) the eligible local educational agency shall return the 
     funds received that quarter for such account to the State 
     educational agency; and
       (B) the State educational agency shall ensure that the 
     proper payment to such account for such quarter is made not 
     late than 14 calendar days after the date of the receipt of 
     funds under subparagraph (A), before any further funds for 
     such account are distributed to the eligible local 
     educational agency.
       (m) Nondiscrimination.--
       (1) Prohibition.--
       (A) In general.--A school that enrolls a displaced student 
     under this section shall not discriminate against students on 
     the basis of race, color, national origin, religion, 
     disability, or sex.
       (B) Applicability.--The prohibition of religious 
     discrimination in subparagraph (A) shall not apply with 
     regard to enrollment for a non-public school that is 
     controlled by a religious organization or organized and 
     operated on the basis of religious tenets, except that the 
     prohibition of religious discrimination shall apply with 
     respect to the enrollment of displaced students assisted 
     under this section.
       (2) Single sex schools, classes, or activities.--
       (A) In general.--To the extent consistent with title IX of 
     the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
     the prohibition of sex discrimination in paragraph (1)(A) 
     shall not apply to a non-public school that is controlled by 
     a religious organization or organized and operated on the 
     basis of religious tenets if the application of paragraph 
     (1)(A) would not be consistent with the religious tenets of 
     such organization.
       (B) Single sex schools, classes, or activities.--
     Notwithstanding paragraph (1)(A) and to the extent consistent 
     with title IX of the Education Amendments of 1972, a parent 
     or guardian may choose and a non-public school may offer a 
     single sex school, class, or activity.
       (3) General provision.--Nothing in this subtitle may be 
     construed to alter or modify the provisions of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.), title IX of the Education Amendments of 1972 
     (20 U.S.C. 1681 et seq.), and the Rehabilitation Act of 1973 
     (29 U.S.C. 701 et seq.).
       (4) Opt-out.--A parent or guardian of a displaced student 
     on behalf of whom a payment to an account is made under this 
     section shall have the option to have such parent or 
     guardian's displaced child opt out of religious worship or 
     religious classes offered by the non-public

[[Page 29483]]

     school in which such student is enrolled and on behalf of 
     whom a payment to an account is made under this section.
       (5) Rule of construction.--The amount of any payment (or 
     other form of support provided on behalf of a displaced 
     student) under this section shall not be treated as income of 
     a parent or guardian of the student for purposes of Federal 
     tax laws or for determining eligibility for any other Federal 
     program.
       (m) Treatment of State Aid.--A State shall not take into 
     consideration emergency impact aid payments received under 
     this section by a local educational agency in the State in 
     determining the eligibility of such local educational agency 
     for State aid, or the amount of State aid, with respect to 
     free public education of children.

     SEC. 108. SEVERABILITY.

       If any provision of this subtitle, an amendment made by 
     this subtitle, or the application of such provision or 
     amendment to any person or circumstance is held to be 
     unconstitutional, the remainder of this subtitle, the 
     amendments made by this subtitle, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.

     SEC. 109. AUTHORIZATION OF FUNDS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out sections 102, 106, and 107.

     SEC. 110. SUNSET PROVISION.

       Except as provided in section 105, the provisions of this 
     subtitle shall be effective for the period beginning on the 
     date of enactment of this Act and ending on August 1, 2006.

             Subtitle B--Higher Education Hurricane Relief

     SEC. 201. SHORT TITLE.

       This subtitle may be cited as the ``Higher Education 
     Hurricane Relief Act of 2005''.

     SEC. 202. GENERAL WAIVERS AND MODIFICATIONS.

       (a) Authority.--Notwithstanding any other provision of law, 
     unless enacted with specific reference to this section, the 
     Secretary is authorized to waive or modify any statutory or 
     regulatory provision applicable to the student financial 
     assistance programs under title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070 et seq.), or any student or 
     institutional eligibility provisions in the Higher Education 
     Act of 1965, as the Secretary deems necessary in connection 
     with a Gulf hurricane disaster to ensure that--
       (1) administrative requirements placed on affected 
     students, affected individuals, affected institutions, 
     lenders, guaranty agencies, and grantees are minimized to the 
     extent possible without impairing the integrity of the higher 
     education programs under the Higher Education Act of 1965, to 
     ease the burden on such participants; or
       (2) institutions of higher education, lenders, guaranty 
     agencies, and other entities participating in the student 
     financial assistance programs under title IV of the Higher 
     Education Act of 1965, that serve an area affected by a Gulf 
     hurricane disaster, may be granted temporary relief from 
     requirements that are rendered infeasible or unreasonable due 
     to the effects of a Gulf hurricane disaster, including due 
     diligence requirements and reporting deadlines.
       (b) Authority to Extend or Waive Reporting Requirements 
     Under Section 131(a).--The Secretary is authorized to extend 
     reporting deadlines or waive reporting requirements under 
     section 131(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1015(a)) for an affected institution.
       (c) Construction.--Nothing in this subtitle shall be 
     construed--
       (1) to allow the Secretary to waive or modify any 
     applicable statutory or regulatory requirements prohibiting 
     discrimination in a program or activity, or in employment or 
     contracting, under existing law (in existence on the date of 
     the Secretary's action); or
       (2) to authorize any refunding of any repayment of a loan.

     SEC. 203. MODIFICATION OF PART A OF TITLE II GRANTS 
                   AUTHORIZED.

       The Secretary is authorized to approve modifications to the 
     requirements for Teacher Quality Enhancement Grants for 
     States and Partnerships under part A of title II of the 
     Higher Education Act of 1965 (20 U.S.C. 1021 et seq.), at the 
     request of the grantee--
       (1) to assist States and local educational agencies to 
     recruit and retain highly qualified teachers in a school 
     district located in an area affected by a Gulf hurricane 
     disaster; and
       (2) to assist institutions of higher education, located in 
     such area to recruit and retain faculty necessary to prepare 
     teachers and provide professional development.

     SEC. 204. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR B OF 
                   TITLE III, AND OTHER GRANTS.

       The Secretary is authorized to modify the required and 
     allowable uses of funds under chapters 1 and 2 of subpart 2 
     of part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070a et seq., 1070a-21 et seq.), under part A or B of 
     title III (20 U.S.C. 1057 et seq., 1060 et seq.), and under 
     any other competitive grant program, at the request of an 
     affected institution or other grantee, with respect to 
     affected institutions and other grantees located in an area 
     affected by a Gulf hurricane disaster. The Secretary may not, 
     under the authority of this section, authorize any new 
     construction, renovation, or improvement of classrooms, 
     libraries, laboratories, or other instructional facilities 
     that is not authorixed under the institution's grant award, 
     as in effect on the date of enactment of this Act, under part 
     A or B of title III of such Act.

     SEC. 205. PROFESSIONAL JUDGMENT.

       A financial aid administrator shall be considered to be 
     making an adjustment in accordance with section 479A(a) of 
     the Higher Education Act of 1965 (20 U.S.C. 1087tt(a)) if the 
     financial aid administrator makes the adjustment with respect 
     to the calculation of the expected student or parent 
     contribution (or both) for an affected student, or for a 
     student or a parent who resides or resided on August 29, 
     2005, or was employed on August 29, 2005, in an area affected 
     by a Gulf hurricane disaster. The financial aid administrator 
     shall adequately document the need for the adjustment.

     SEC. 206. EXPANDING INFORMATION DISSEMINATION REGARDING 
                   ELIGIBILITY FOR PELL GRANTS.

       (a) In general.--The Secretary shall make special efforts, 
     in conjunction with State efforts, to notify affected 
     students and if applicable, their parents, who qualify for 
     means-tested Federal benefit programs, of their potential 
     eligibility for a maximum Pell Grant, and shall disseminate 
     such informational materials as the Secretary deems 
     appropriate.
       (b) Means-Tested Federal Benefit Program.--For the purpose 
     of this section, the term ``means-tested Federal benefit 
     program'' means a mandatory spending program of the Federal 
     Government, other than a program under the Higher Education 
     Act of 1965, in which eligibility for the program's benefits, 
     or the amount of such benefits, or both, are determined on 
     the basis of income or resources of the individual or family 
     seeking the benefit, and may include such programs as the 
     supplemental security income program under title XVI of the 
     Social Security Act, the food stamp program under the Food 
     Stamp Act of 1977, the free and reduced price school lunch 
     program established under the Richard B. Russell National 
     School Lunch Act, the temporary assistance to needy families 
     program established under part A of title IV of the Social 
     Security Act, and the women, infants, and children program 
     established under section 17 of the Child Nutrition Act of 
     1966, and other programs identified by the Secretary.

     SEC. 207. PROCEDURES.

       (a) Regulatory Requirements Inapplicable.--Sections 482(c) 
     and 492 of the Higher Education Act of 1965 (20 U.S.C. 
     1089(c), 1098a), section 437 of the General Education 
     Provisions Act (20 U.S.C. 1232), and section 553 of title 5, 
     United States Code, shall not apply to this subtitle.
       (b) Notice of Waivers, Modifications, or Extensions.--
     Notwithstanding section 437 of the General Education 
     Provisions Act (20 U.S.C. 1232) and section 553 of title 5, 
     United States Code, the Secretary shall make publicly 
     available the waivers, modifications, or extensions granted 
     under this subtitle.
       (c) Case-by-Case Basis.--The Secretary is not required to 
     exercise any waiver or modification authority under this 
     subtitle on a case-by-case basis.

     SEC. 208. TERMINATION OF AUTHORITY.

       The authority of the Secretary to issue waivers or 
     modifications under this subtitle shall expire at the 
     conclusion of the 2005-2006 academic year.

     SEC. 209. DEFINITIONS.

       For the purposes of this subtitle, the following terms have 
     the following meanings:
       (1) Affected individual.--The term ``affected individual'' 
     means an individual who has applied for or received student 
     financial assistance under title IV of the Higher Education 
     Act of 1965, and--
       (A) who is an affected student; or
       (B) whose primary place of employment or residency was, as 
     of August 29, 2005, in an area affected by a Gulf hurricane 
     disaster.
       (2) Affected institution.--
       (A) In general.--The term ``affected institution'' means an 
     institution of higher education that--
       (i) is located in an area affected by a Gulf hurricane 
     disaster; and
       (ii) has temporarily ceased operations as a consequence of 
     a Gulf hurricane disaster, as determined by the Secretary.
       (B) Length of time.--In determining eligibility for 
     assistance under this subtitle, the Secretary, using 
     consistent, objective criteria, shall determine the time 
     period for which an institution of higher education is an 
     affected institution.
       (C) Special rule.--An organizational unit of an affected 
     institution that is not impacted by a Gulf hurricane disaster 
     shall not be considered as part of such affected institution 
     for purposes of receiving assistance under this subtitle.
       (3) Affected state.--The term ``affected State'' means the 
     State of Alabama, Florida, Louisiana, Mississippi, or Texas
       Affected student.--The term ``affected student'' means an 
     individual who was enrolled or accepted for enrollment on 
     August 29, 2005, at an affected institution.
       (5) Area affected by a gulf hurricane disaster.--The term 
     ``area affected by a Gulf hurricane disaster'' means a county 
     or parish, in an affected State, that has been designated by 
     the Federal Emergency Management Agency for disaster 
     assistance for individuals and households as a result of 
     Hurricane Katrina or Hurricane Rita.
       (6) Cancelled enrollment period.--The term ``cancelled 
     enrollment period'' means any period of enrollment at an 
     affected institution during the academic year 2005-2006, 
     during which students were unable to attend such institution.

[[Page 29484]]

       (7) Gulf hurricane disaster.--The term ``Gulf hurricane 
     disaster'' means a major disaster that the President declared 
     to exist, in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act, and 
     that was caused by Hurricane Katrina or Hurricane Rita.
       (8) Institution of higher education.--The term 
     ``institution of higher education'' means--
       (A) an institution covered by the definition of such term 
     in section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001); and
       (B) an institution described in subparagraph (A) or (B) of 
     section 102(a)(1) of such Act (20 U.S.C. 1002(a)(1)(A), (B)).
       (9) Qualified student loan.--The term ``qualified student 
     loan'' means any loan made, insured, or guaranteed under part 
     B, D, or E of title IV of the Higher Education Act of 1965, 
     other than a loan under section 428B of such title or a 
     Federal Direct Plus loan.
       (10) Qualified parent loan.--The term ``qualified parent 
     loan'' means a loan made under section 428B of title IV of 
     the Higher Education Act of 1965 or a Federal Direct Plus 
     loan.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

      Subtitle C--Education and Related Programs Hurricane Relief

     SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE 
                   INDIVIDUALS WITH DISABILITIES EDUCATION ACT TO 
                   FACILITATE THE PROVISION OF EDUCATIONAL 
                   SERVICES TO CHILDREN WITH DISABILITIES.

         (a) Authority.--The Secretary of Education may enter into 
     an agreement described in subsection (b) with an eligible 
     entity to extend certain deadlines under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) related 
     to providing special education and related services, 
     including early intervention services, to individuals 
     adversely affected by a Gulf hurricane disaster.
         (b) Terms of Agreements.--An agreement referred to in 
     subsection (a) is an agreement with an eligible entity made 
     in accordance with subsection (e) that may extend the 
     applicable deadlines under one or more of the following 
     sections:
       (1) Section 611(e)(3)(C)(ii) of such Act, by extending up 
     to an additional 60 days the 90 day deadline for developing a 
     State plan for the high cost fund.
       (2) Section 612(a)(15)(C) of such Act, by extending up to 
     an additional 60 days the deadline for submission of the 
     annual report to the Secretary of Education and the public 
     regarding the progress of the State and of children with 
     disabilities in the State.
       (3) Section 612(a)(16)(D) of such Act, by extending up to 
     an additional 60 days the deadline for making available 
     reports regarding the participation in assessments and the 
     performance on such assessments of children with 
     disabilities.
       (4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up 
     to an additional 30 days the 60 day deadline for the initial 
     evaluation to determine whether a child is a child with a 
     disability for purposes of the provision of special education 
     and related services to such child.
       (5) Section 616(b)(1)(A) of such Act, by extending up to an 
     additional 60 days the deadline for finalization of the State 
     performance plan.
       (6) Section 641(e)(1)(D) of such Act, by extending up to an 
     additional 60 days the deadline for submission to the 
     Governor of a State and the Secretary of Education of the 
     report on the status of early intervention programs for 
     infants and toddlers with disabilities and their families 
     operated within the State.
         (c) Rule of Construction.--Nothing in this section shall 
     be construed--
       (1) as permitting the waiver of--
       (A) any applicable Federal civil rights law;
       (B) any student or family privacy protections, including 
     provisions requiring parent consent for evaluations and 
     services;
       (C) any procedural safeguards required under section 615 or 
     section 639 of the Individuals with Disabilities Education 
     Act; or
       (D) any requirements not specified in subsection (b) of 
     this section; or
       (2) as removing the obligation of the eligible entity to 
     provide a child with a disability or an infant or toddler 
     with a disability and their families--
       (A) a free appropriate public education under part B of the 
     Individuals with Disabilities Education Act; or
       (B) early intervention services under part C of such Act.
       (d) Duration of Agreement.--An agreement under this section 
     shall terminate at the conclusion of the 2005-2006 academic 
     year.
       (e) Request To Enter Into Agreement.--To enter into an 
     agreement under this section, an eligible entity shall submit 
     a request to the Secretary of Education at such time, in such 
     manner, and containing such information as the Secretary may 
     require.

     SEC. 302. HEAD START AND CHILD CARE AND BLOCK GRANT/
                   DEVELOPMENT

       (a) Head Start.--
       (1) Technical Assistance, Guidance, and Resources.--From 
     the amount made available for Head Start in this Act, the 
     Secretary of Health and Human Services shall provide training 
     and technical assistance, guidance, and resources through the 
     Region 4 and Region 6 offices of the Administration for 
     Children and Families (and may provide training and technical 
     assistance, guidance, and resources through other regional 
     offices of the Administration, at the request of such offices 
     that administer affected Head Start agencies and Early Head 
     Start entities) to Head Start agencies and Early Head Start 
     entities in areas affected by a Gulf hurricane disaster, and 
     to affected Head Start agencies and Early Head Start 
     entities, to assist the agencies and entities involved to 
     address the health and counseling needs of infants, toddlers, 
     and young children affected by a Gulf hurricane disaster. 
     Such training and technical assistance may be provided by 
     contract or cooperative agreement with qualified national, 
     regional, or local providers.
       (2) Waiver.--For such period up to September 30, 2006, and 
     to such extent as the Secretary considers appropriate, the 
     Secretary of Health and Human Services--
       (A) may waive section 640(b) of the Head Start Act for Head 
     Start agencies located in an area affected by a Gulf 
     hurricane disaster, and other affected Head Start agencies 
     and Early Head Start agencies; and
       (B) shall waive requirements of documentation for 
     individuals adversely affected by a Gulf hurricane disaster 
     who participate in a Head Start program on an Early Head 
     Start program funded under the Head Start Act.
       (b) Child Care and Development Block Grant.--
       (1) Child care and development block grant act of 1990.--
     For such period up to September 30, 2006, and to such extent 
     as the Secretary considers to be appropriate, the Secretary 
     of Health and Human Services may waive, for any affected 
     State, and any State serving significant numbers of 
     individuals adversely affected by a Gulf hurricane disaster, 
     provisions of the Child Care and Development Block Grant Act 
     of 1990 (42 U.S.C. 9858 et seq.)--
       (A) relating to Federal income limitations on eligibility 
     to receive child care services for which assistance is 
     provided under such Act;
       (B) relating to work requirements applicable to eligibility 
     to receive child care services for which assistance is 
     provided under such Act;
       (C) relating to limitations on the use of funds under 
     section 658G of the Child Care and Development Block Grant 
     Act of 1990;
       (D) preventing children designated as evacuees for 
     receiving priority for child care services provided under 
     such Act, except that children residing in a State and 
     currently receiving services should not lose such services to 
     accommodate evacuee children; and
       (E) relating to any non-Federal or capital contribution 
     required (including copayment or other cost sharing by 
     parents receiving child care assistance) to match Federal 
     funds provided under programs administered by the Secretary 
     of Health and Human Services;
       (2) Technical assistance and guidance.--The Secretary may 
     provide assistance to States for the purpose of providing 
     training, technical assistance, and guidance to eligible 
     child care providers (as defined in section 658P of the Child 
     Care and Development Block Grant Act of 1990) who are 
     licensed and regulated, as applicable, by the States, to 
     enable such provides to provide child care services for 
     children and families described in paragraph (1). Such 
     training and technical assistance may be provided through 
     intermediary organizations, including those with demonstrated 
     experience in providing training and technical assistance to 
     programs serving school-age children up to age 13, involved 
     in restituting child care services on a broad scale in areas 
     affected by a Gulf hurricane disaster.

     SEC. 303. DEFINITIONS.

       (a) In General.--Unless otherwise specified in this 
     subtitle, the terms used in this subtitle have the meanings 
     given the terms in section 9101 of the Elementary and 
     Secondary Education Act of 1965.
       (b) Additional Definitions.--For the purposes of this 
     subtitle.
       (1) Affected head start agencies and early head start 
     agencies.--The term ``affected Head Start Agencies and Early 
     Head Start Agencies'' means a Head Start agency receiving a 
     significant number of children from an area win which a Gulf 
     hurricane disaster has been declared.
       (2) Affected state.--The term ``affected State'' means the 
     State of Alabama, Florida, Louisiana, Mississippi, or Texas.
       (3) Area affected by a gulf hurricane disaster.--The term 
     ``area affected by a Gulf hurricane disaster'' means a county 
     or parish, in an affected State, that has been designated by 
     the Federal Energy Management Agency for disaster assistance 
     for individuals and households as a result of Hurricane 
     Katrina or Hurricane Rita.
       (4) Child with a disability.--The term ``child with a 
     disability'' has the meaning given such term in section 
     602(30 of the Individuals with Disabilities Education Act.
       (5) Eligibile entity.--The term ``eligible entity'' means--
       (A) a local educational agency (as defined in section 
     602(19) of the Individuals with Disabilities Education Act) 
     if such agency is located in a State or in an area of a State 
     with respect to which the President has declared that a Gulf 
     hurricane disaster exists;
       (B) a State educational agency (as defined in section 
     602(32) of such Act) if such agency is located in a State 
     with respect to which the President has declared that a Gulf 
     hurricane disaster exists; or
       (C) a State interagency coordinating council established 
     under section 641 of such Act if such council is located in a 
     State with respect to which the President has declared that a 
     Gulf hurricane disaster exists.
       (6) Gulf hurricane disaster.--The term ``Gulf hurricane 
     disaster'' means a major disaster that the President declared 
     to exist, in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance

[[Page 29485]]

     Act, and that was caused by Hurricane Katrina or Hurricane 
     Rita.
       (7) Highly qualified.--The term ``highly qualified''--
       (A) in the case of a special education teacher, has the 
     meaning given such term in section 602 of the Individuals 
     with Disabilities Education Act; and
       (B) in the case of any other elementary, middle, or 
     secondary school teacher, has the meaning given such term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965.
       (8) Individual adversely affected by a gulf hurricane 
     disaster.--The term ``individual adversely affected by a Gulf 
     hurricane disaster'' means an individual who, on August 29, 
     2005, was living, working, or attending school in an area in 
     which the President has declared to exist a Gulf hurricane 
     disaster.
       (9) Infant or toddler with a disability.--The term ``infant 
     or toddler with a disability'' has the meaning given such 
     term in section 632(5) of the Individuals with Disabilities 
     Education Act.

                                TITLE V

              GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

       Sec. 5001. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 5002. Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in either division A or 
     division B shall be treated as referring only to the 
     provisions of that division.
       Sec. 5003. Effective upon the enactment of this Act, none 
     of the funds appropriated or otherwise made available by the 
     2001 Emergency Supplemental Appropriations Act for Recovery 
     from and Response to Terrorist Attacks on the United States 
     (Public Law 107-38) shall be transferred to or from the 
     Emergency Response Fund.
       Sec. 5004. Title I of the Agriculture, Rural Development, 
     Food and Drug Administration, and Related Agencies 
     Appropriations Act, 2006 (Public Law 109-97) is amended in 
     the paragraph under the heading ``Cooperative State Research, 
     Education, and Extension Service, Research and Education 
     Activities'' (109 Stat. 2126) by inserting ``, to remain 
     available until expended'' after ``for a veterinary medicine 
     loan repayment program pursuant to section 1415A of the 
     National Agricultural Research, Extension, and Teaching 
     Policy Act of 1977 (7 U.S.C. 3101 et seq.), $500,000''.
       Sec. 5005. Section 207 of division C of Public Law 108-447 
     is amended by inserting ``, and any effects of inflation 
     thereon,'' after the word ``increase''.
       Sec. 5006. The matter under the heading ``Water and Related 
     Resources'' in Public Law 109-103 is amended by inserting 
     before the period at the end the following: ``: Provided 
     further, That $10,000,000 of the funds appropriated under 
     this heading shall be deposited in the San Gabriel Basin 
     Restoration Fund established by section 110 of title I of 
     appendix D of Public Law 106-554''.
       Sec. 5007. The funds appropriated in Public Law 109-103 
     under the heading ``Bureau of Reclamation, Water and Related 
     Resources'' for the Placer County, California Sub-Regional 
     Wastewater Treatment Project are hereby transferred to and 
     merged with the amount appropriated in such public law under 
     the heading ``Corps of Engineers--Civil, Construction'', and 
     shall be used for the construction of such project under the 
     same terms and conditions that would have been applicable if 
     such funds had originally been appropriated to the Corps of 
     Engineers.
       Sec. 5008. Section 118 of Public Law 109-103 is amended by 
     striking ``106-541'' and inserting ``106-53'' in lieu 
     thereof.
       Sec. 5009. Public Law 109-103 is amended under the heading 
     ``Corps of Engineers--Civil, Investigations'', by striking 
     ``Provided further, That using $8,000,000'' and all that 
     follows to the end of the paragraph, and inserting in lieu 
     thereof, ``Provided further, That using $8,000,000 of the 
     funds provided herein, the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to conduct a 
     comprehensive hurricane protection analysis and design at 
     full federal expense to develop and present a full range of 
     flood control, coastal restoration, and hurricane protection 
     measures exclusive of normal policy considerations for South 
     Louisiana and the Secretary shall submit a preliminary 
     technical report for comprehensive Category 5 protection 
     within 6 months of enactment of this Act and a final 
     technical report for Category 5 protection within 24 months 
     of enactment of this Act: Provided further, That the 
     Secretary shall consider providing protection for a storm 
     surge equivalent to a Category 5 hurricane within the project 
     area and may submit reports on component areas of the larger 
     protection program for authorization as soon as practicable: 
     Provided further, That the analysis shall be conducted in 
     close coordination with the State of Louisiana and its 
     appropriate agencies.''.
       Sec. 5010. Funds made available under the heading 
     ``Construction, Rehabilitation, Operation and Maintenance, 
     Western Area Power Administration'' in Public Law 109-103 
     shall be available for the operation, maintenance, and 
     purchase, through transfer, exchange, or sale, of one 
     helicopter for replacement only.
       Sec. 5011. (a) In addition to the amounts provided 
     elsewhere in this Act, $50,000,000 is hereby appropriated to 
     the Department of Labor, to remain available until expended, 
     for payment to the New York State Uninsured Employers Fund 
     for reimbursement of claims related to the September 11, 
     2001, terrorist attacks on the United States and for 
     reimbursement of claims related to the first response 
     emergency services personnel who were injured, were disabled, 
     or died due to such terrorist attacks.
       (b) In addition to the amounts provided elsewhere in this 
     Act, $75,000,000 is hereby appropriated to the Centers for 
     Disease Control and Prevention, to remain available until 
     expended, for purposes related to the September 11, 2001, 
     terrorist attacks on the United States. In expending such 
     funds, the Director of the Centers for Disease Control and 
     Prevention shall (1) give first priority to existing programs 
     that administer baseline and follow-up screening, clinical 
     examinations, or long-term medical health monitoring, 
     analysis, or treatment for emergency services personnel or 
     rescue and recovery personnel, as coordinated by the Mount 
     Sinai Center for Occupational and Environmental Medicine of 
     New York City, the New York City Fire Department's Bureau of 
     Health Services and Counseling Services Unit, the New York 
     City Police Foundation's Project COPE, the Police 
     Organization Providing Peer Assistance of New York City, and 
     the New York City Department of Health and Mental Hygiene's 
     World Trade Center Health Registry; and (2) give secondary 
     priority to similar programs coordinated by other entities 
     working with the State of New York and New York City.
       (c) Each amount appropriated in this section is designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress), the concurrent resolution on 
     the budget for fiscal year 2006.
       Sec. 5012. The Flexibility for Displaced Workers Act 
     (Public Law 109-72) is amended by striking ``Hurricane 
     Katrina'' each place it appears and inserting ``hurricanes in 
     the Gulf of Mexico in calendar year 2005''.
       Sec. 5013. Section 124 of Public Law 109-114 is amended by 
     inserting before the period at the end the following: ``: 
     Provided further, That nothing in this section precludes the 
     Secretary of a military department, after notifying the 
     congressional defense committees and waiting 21 days, from 
     using funds derived under section 2601, chapter 403, chapter 
     603, or chapter 903 of title 10, United States Code, for the 
     maintenance or repair of General and Flag Officer Quarters at 
     the military service academy under the jurisdiction of that 
     Secretary: Provided further, That each Secretary of a 
     military department shall provide an annual report by 
     February 15 to the congressional defense committees on the 
     amount of funds that were derived under section 2601, chapter 
     403, chapter 603, or chapter 903 of title 10, United States 
     Code in the previous year and were obligated for the 
     construction, improvement, repair, or maintenance of any 
     military facility or infrastructure''.
       Sec. 5014. Section 128 of Public Law 109-114 is amended as 
     follows--
       (1) by inserting after ``support'' the following: ``a 
     continuing mission or function at that installation or''; and
       (2) by inserting after the last period the following: 
     ``This section shall not apply to military construction 
     projects, land acquisition, or family housing projects for 
     which the project is vital to the national security or the 
     protection of health, safety, or environmental quality: 
     Provided, That the Secretary of Defense shall notify the 
     congressional defense committees within seven days of a 
     decision to carry out such a military construction 
     project.''.
       Sec. 5015. The amount provided for ``Military Construction, 
     Army'' in Public Law 109-114 is hereby reduced by $8,100,000 
     for the Special Operations Free Fall Simulator at Yuma 
     Proving Ground, Arizona.
       The amount provided for ``Military Construction, Army'' in 
     Public Law 109-114 is hereby increased by $8,100,000 for the 
     Upgrade Wastewater Treatment Plant at Yuma Proving Ground, 
     Arizona.
       Sec. 5016. The last paragraph of Public Law 109-114 is 
     amended by inserting ``Military Construction,'' before 
     ``Military Quality''.
       Sec. 5017. (a) Section 613 of Public Law 109-108 is amended 
     by striking ``$500,000 shall be for a grant to Warren County, 
     Virginia, for a community enhancement project;'' and 
     inserting ``$250,000 shall be for a grant to Warren County, 
     Virginia, for a community enhancement project; $250,000 shall 
     be for a grant to The ARC of Loudoun County for land 
     acquisition and construction;'';
       (b) Section 619(a) of division B in Public Law 108-447 is 
     amended by striking ``$50,000 shall be available for a grant 
     for the Promesa Foundation in the Bronx, New York, to provide 
     community growth funding;'' and inserting ``$50,000 shall be 
     available for a grant to the Promesa Foundation to provide 
     financial assistance to New York area families and 
     organizations under a youth sports and recreational 
     initiative;'';
       (c) Section 621 of division B in Public Law 108-199 is 
     amended by striking ``$200,000 shall be available for a grant 
     for the Promesa Foundation in South Bronx, New York, to 
     provide community growth funding;'' and inserting ``$200,000 
     shall be available for a grant to the Promesa Foundation to 
     provide financial assistance to New York area families and 
     organizations under a youth sports and recreational 
     initiative;'';
       (d) Section 625 of division B in Public Law 108-7 is 
     amended by striking ``$200,000 shall be available for a grant 
     for the Promesa Foundation in South Bronx, New York to 
     provide community growth funding;'' and inserting ``$200,000 
     shall be available for a grant to the Promesa Foundation to 
     provide financial assistance to New York area families and 
     organizations under a youth sports and recreational 
     initiative;''.

[[Page 29486]]

       Sec. 5018. Public Law 109-108 is amended under the heading 
     ``State and Local Law Enforcement Assistance'' in 
     subparagraph 4 by striking ``authorized by subpart 2 of part 
     E, of title I of the 1968 Act, notwithstanding the provisions 
     of section 511 of said Act''.


                          (transfer of funds)

       Sec. 5019. The unobligated and unexpended balances of the 
     amount appropriated under the heading ``United States-Canada 
     Railroad Commission'' by chapter 9 of title II of Public Law 
     107-20 shall be transferred as a direct lump-sum payment to 
     the University of Alaska.
       Sec. 5020. The matter under the heading ``Federal Transit 
     Administration, capital investment grants'' in title I of 
     division A of Public Law 109-115 is amended by striking 
     ``Virginia, $26,000,000'' and inserting ``Virginia, 
     $30,000,000''; by striking ``Ohio, $24,770,000'' and 
     inserting ``Ohio, $24,774,513''; and by striking ``Metro, 
     Pennsylvania, $2,000,000'' and inserting ``Metro, 
     Pennsylvania, $4,000,000''.
       Sec. 5021. For purposes of compliance with section 205 of 
     Public Law 109-115, a reduction in taxpayer service shall 
     include, but not be limited to, any reduction in available 
     hours of telephone taxpayer assistance on a daily, weekly and 
     monthly basis below the levels in existence during the month 
     of October 2005.
       Sec. 5022. The referenced statement of the managers under 
     the heading ``Community development fund'' in Public Law 108-
     447 is amended with respect to item number 145 by striking 
     ``Putnam County, Missouri'' and inserting ``Sullivan County, 
     Missouri''.
       Sec. 5023. The statement of the managers correction 
     referenced under the second paragraph of the heading 
     ``Community development fund'' in title III of Public Law 
     109-115 (as in effect pursuant to H. Con. Res. 308, 109th 
     Congress) is deemed to be amended--
       (1) with respect to item number 65 by striking ``$125,000 
     to Esperanza Mercado Project, California for the Esperanza 
     Community Maple-Mae Project;'' and inserting ``$125,000 to 
     the Esperanza Community Housing Corporation, Los Angeles, 
     California for the Mercado La Paloma project;'';
       (2) with respect to item number 840 by striking ``$100,000 
     to Gwen's Girls, Inc. in Pittsburgh, Pennsylvania for 
     construction of a residential facility;'' and inserting 
     ``$100,000 to the Bloomfield-Garfield Association in 
     Pittsburgh, Pennsylvania for acquisition and demolition;'';
       (3) with respect to item number 411 by striking ``$200,000 
     to the City of Holyoke, Massachusetts for renovations of 
     facility for Solutions Development Corporation;'' and 
     inserting ``$200,000 to Solutions Development Inc. of 
     Holyoke, Massachusetts for facility renovations;'';
       (4) with respect to item number 314 by striking ``$225,000 
     to the City of Harvey, Illinois for demolition and 
     redevelopment of property to aid the community;'' and 
     inserting ``$225,000 to the Village of Riverdale, Illinois 
     for planning, design, acquisition, and demolition;'';
       (5) with respect to item number 715 by striking ``39th'' 
     and inserting ``59th'';
       (6) with respect to item number 26 by striking ``Center'' 
     and inserting ``College'';
       (7) with respect to item number 372 by striking ``Fairview, 
     Kansas'' and inserting ``Fairway, Kansas'';
       (8) with respect to item number 584 by striking ``City of 
     Asheville, North Carolina for the renovation of the Asheville 
     Veterans Memorial Stadium'' and inserting ``UNC Asheville 
     Science and Multimedia Center, City of Asheville, North 
     Carolina for the construction of a new science and multi-
     media building''; and
       (9) with respect to item number 341 by striking ``Village 
     of Northfield, IL'' and inserting ``Northfield Park District 
     of Illinois''.
       Sec. 5024. The referenced statement of the managers under 
     the heading ``Community development fund'' in title II of 
     division I of Public Law 108-447 is deemed to be amended with 
     respect to item 571 by striking ``$575,000 to the 
     Metropolitan Development Association in Syracuse, New York 
     for the Essential New York Initiative'' and inserting 
     ``$200,000 to the Monroe County Industrial Development Agency 
     for streetscape and infrastructure improvements to the Medley 
     Center in the Town of Irondequoit, New York; $90,000 to the 
     City of Syracuse, New York for facilities and equipment 
     improvements for the Syracuse Food Bank; $200,000 to the City 
     of Syracuse, New York for renovations and infrastructure 
     improvements to the Lofts on Willow Urban Village project; 
     and, $85,000 to Cayuga County, New York for the CIVIC 
     Heritage Historical Society for the construction of a history 
     center;''.
       Sec. 5025. Effective upon the enactment of this Act, none 
     of the funds appropriated or otherwise made available by the 
     2001 Emergency Supplemental Appropriations Act for Recovery 
     from and Response to Terrorist Attacks on the United States 
     (Public Law 107-38) shall be transferred to or from the 
     Emergency Response Fund.
       This division may be cited as the ``Emergency Supplemental 
     Appropriations Act to Address Hurricanes in the Gulf of 
     Mexico and Pandemic Influenza, 2006''.
   DIVISION C--AMERICAN ENERGY INDEPENDENCE AND SECURITY ACT OF 2005

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``American Energy 
     Independence and Security Act of 2005''.

     SEC. 2. DEFINITIONS.

       In this division:
       (1) Coastal plain.--The term ``Coastal Plain'' means that 
     area identified as the ``1002 Coastal Plain Area'' on the 
     map.
       (2) Federal agreement.--The term ``Federal Agreement'' 
     means the Federal Agreement and Grant Right-of-Way for the 
     Trans-Alaska Pipeline issued on January 23, 1974, in 
     accordance with section 28 of the Mineral Leasing Act (30 
     U.S.C. 185) and the Trans-Alaska Pipeline Authorization Act 
     (43 U.S.C. 1651 et seq.).
       (3) Final statement.--The term ``Final Statement'' means 
     the final legislative environmental impact statement on the 
     Coastal Plain, dated April 1987, and prepared pursuant to 
     section 1002 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3142) and section 102(2)(C) of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)).
       (4) Map.--The term ``map'' means the map entitled ``Arctic 
     National Wildlife Refuge'', dated September 2005, and 
     prepared by the United States Geological Survey.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (or the designee of the Secretary), acting 
     through the Director of the Bureau of Land Management in 
     consultation with the Director of the United States Fish and 
     Wildlife Service and in coordination with a State coordinator 
     appointed by the Governor of the State of Alaska.

     SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.

       (a) In General.--
       (1) Authorization.--Congress authorizes the exploration, 
     leasing, development, production, and economically feasible 
     and prudent transportation of oil and gas in and from the 
     Coastal Plain.
       (2) Actions.--The Secretary shall take such actions as are 
     necessary--
       (A) to establish and implement, in accordance with this 
     division, a competitive oil and gas leasing program that will 
     result in an environmentally sound program for the 
     exploration, development, and production of the oil and gas 
     resources of the Coastal Plain while taking into 
     consideration the interests and concerns of residents of the 
     Coastal Plain, which is the homeland of the Kaktovikmiut 
     Inupiat; and
       (B) to administer this division through regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other provisions that--
       (i) ensure the oil and gas exploration, development, and 
     production activities on the Coastal Plain will result in no 
     significant adverse effect on fish and wildlife, their 
     habitat, subsistence resources, and the environment; and
       (ii) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production to all exploration, development, 
     and production operations under this division in a manner 
     that ensures the receipt of fair market value by the public 
     for the mineral resources to be leased.
       (b) Repeal.--
       (1) Repeal.--Section 1003 of the Alaska National Interest 
     Lands Conservation Act (16 U.S.C. 3143) is repealed.
       (2) Conforming amendment.--The table of contents contained 
     in section 1 of that Act (16 U.S.C. 3101 note) is amended by 
     striking the item relating to section 1003.
       (c) Compliance With Requirements Under Certain Other 
     Laws.--
       (1) Compatibility.--For purposes of the National Wildlife 
     Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
     seq.)--
       (A) the oil and gas pre-leasing and leasing program, and 
     activities authorized by this section in the Coastal Plain, 
     shall be considered to be compatible with the purposes for 
     which the Arctic National Wildlife Refuge was established; 
     and
       (B) no further findings or decisions shall be required to 
     implement that program and those activities.
       (2) Adequacy of the department of the interior's 
     legislative environmental impact statement.--The Final 
     Statement shall be considered to satisfy the requirements 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) that apply with respect to pre-leasing 
     activities, including exploration programs and actions 
     authorized to be taken by the Secretary to develop and 
     promulgate the regulations for the establishment of a leasing 
     program authorized by this division before the conduct of the 
     first lease sale.
       (3) Compliance with nepa for other actions.--
       (A) In general.--Before conducting the first lease sale 
     under this division, the Secretary shall prepare an 
     environmental impact statement in accordance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) with respect to the actions authorized by this division 
     that are not referred to in paragraph (2).
       (B) Identification and analysis.--Notwithstanding any other 
     provision of law, in carrying out this paragraph, the 
     Secretary shall not be required--
       (i) to identify nonleasing alternative courses of action; 
     or
       (ii) to analyze the environmental effects of those courses 
     of action.
       (C) Identification of preferred action.--Not later than 18 
     months after the date of enactment of this Act, the Secretary 
     shall--
       (i) identify only a preferred action and a single leasing 
     alternative for the first lease sale authorized under this 
     division; and
       (ii) analyze the environmental effects and potential 
     mitigation measures for those 2 alternatives.
       (D) Public comments.--In carrying out this paragraph, the 
     Secretary shall consider only public comments that are filed 
     not later than 20 days after the date of publication of a 
     draft environmental impact statement.
       (E) Effect of compliance.--Notwithstanding any other 
     provision of law, compliance with this

[[Page 29487]]

     paragraph shall be considered to satisfy all requirements for 
     the analysis and consideration of the environmental effects 
     of proposed leasing under this division.
       (d) Relationship to State and Local Authority.--Nothing in 
     this division expands or limits any State or local regulatory 
     authority.
       (e) Special Areas.--
       (1) Designation.--
       (A) In general.--The Secretary, after consultation with the 
     State of Alaska, the North Slope Borough, Alaska, and the 
     City of Kaktovik, Alaska, may designate not more than 45,000 
     acres of the Coastal Plain as a special area if the Secretary 
     determines that the special area would be of such unique 
     character and interest as to require special management and 
     regulatory protection.
       (B) Sadlerochit spring area.--The Secretary shall designate 
     as a special area in accordance with subparagraph (A) the 
     Sadlerochit Spring area, comprising approximately 4,000 acres 
     as depicted on the map.
       (2) Management.--The Secretary shall manage each special 
     area designated under this subsection in a manner that--
       (A) respects and protects the Native people of the area; 
     and
       (B) preserves the unique and diverse character of the area, 
     including fish, wildlife, subsistence resources, and cultural 
     values of the area.
       (3) Exclusion from leasing or surface occupancy.--
       (A) In general.--The Secretary may exclude any special area 
     designated under this subsection from leasing.
       (B) No surface occupancy.--If the Secretary leases all or a 
     portion of a special area for the purposes of oil and gas 
     exploration, development, production, and related activities, 
     there shall be no surface occupancy of the land comprising 
     the special area.
       (4) Directional drilling.--Notwithstanding any other 
     provision of this subsection, the Secretary may lease all or 
     a portion of a special area under terms that permit the use 
     of horizontal drilling technology from sites on leases 
     located outside the special area.
       (f) Limitation on Closed Areas.--The Secretary may not 
     close land within the Coastal Plain to oil and gas leasing or 
     to exploration, development, or production except in 
     accordance with this division.
       (g) Regulations.--
       (1) In general.--Not later than 15 months after the date of 
     enactment of this Act, in consultation with appropriate 
     agencies of the State of Alaska, the North Slope Borough, 
     Alaska, and the City of Kaktovik, Alaska, the Secretary shall 
     issue such regulations as are necessary to carry out this 
     division, including rules and regulations relating to 
     protection of the fish and wildlife, fish and wildlife 
     habitat, and subsistence resources of the Coastal Plain.
       (2) Revision of regulations.--The Secretary may 
     periodically review and, as appropriate, revise the rules and 
     regulations issued under paragraph (1) to reflect any 
     significant scientific or engineering data that come to the 
     attention of the Secretary.

     SEC. 4. LEASE SALES.

       (a) In General.--Land may be leased pursuant to this 
     division to any person qualified to obtain a lease for 
     deposits of oil and gas under the Mineral Leasing Act (30 
     U.S.C. 181 et seq.).
       (b) Procedures.--The Secretary shall, by regulation, 
     establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area in the Coastal Plain for inclusion in, or exclusion (as 
     provided in subsection (c)) from, a lease sale;
       (2) the holding of lease sales after that nomination 
     process; and
       (3) public notice of and comment on designation of areas to 
     be included in, or excluded from, a lease sale.
       (c) Lease Sale Bids.--Bidding for leases under this 
     division shall be by sealed competitive cash bonus bids.
       (d) Acreage Minimum in First Sale.--For the first lease 
     sale under this division, the Secretary shall offer for lease 
     those tracts the Secretary considers to have the greatest 
     potential for the discovery of hydrocarbons, taking into 
     consideration nominations received pursuant to subsection 
     (b)(1), but in no case less than 200,000 acres.
       (e) Timing of Lease Sales.--The Secretary shall--
       (1) not later than 22 months after the date of enactment of 
     this Act, conduct the first lease sale under this division;
       (2) not later than September 30, 2010, conduct a second 
     lease sale under this division; and
       (3) conduct additional sales at appropriate intervals if 
     sufficient interest in exploration or development exists to 
     warrant the conduct of the additional sales.

     SEC. 5. GRANT OF LEASES BY THE SECRETARY.

       (a) In General.--Upon payment by a lessee of such bonus as 
     may be accepted by the Secretary, the Secretary may grant to 
     the highest responsible qualified bidder in a lease sale 
     conducted pursuant to section 4 a lease for any land on the 
     Coastal Plain.
       (b) Subsequent Transfers.--
       (1) In general.--No lease issued under this division may be 
     sold, exchanged, assigned, sublet, or otherwise transferred 
     except with the approval of the Secretary.
       (2) Condition for approval.--Before granting any approval 
     described in paragraph (1), the Secretary shall consult with 
     and give due consideration to the opinion of the Attorney 
     General.

     SEC. 6. LEASE TERMS AND CONDITIONS.

       (a) In General.--An oil or gas lease issued pursuant to 
     this division shall--
       (1) provide for the payment of a royalty of not less than 
     12\1/2\ percent of the amount or value of the production 
     removed or sold from the lease, as determined by the 
     Secretary in accordance with regulations applicable to other 
     Federal oil and gas leases;
       (2) provide that the Secretary may close, on a seasonal 
     basis, such portions of the Coastal Plain to exploratory 
     drilling activities as are necessary to protect caribou 
     calving areas and other species of fish and wildlife;
       (3) require that each lessee of land within the Coastal 
     Plain shall be fully responsible and liable for the 
     reclamation of land within the Coastal Plain and any other 
     Federal land that is adversely affected in connection with 
     exploration, development, production, or transportation 
     activities within the Coastal Plain conducted by the lessee 
     or by any of the subcontractors or agents of the lessee;
       (4) provide that the lessee may not delegate or convey, by 
     contract or otherwise, that reclamation responsibility and 
     liability to another person without the express written 
     approval of the Secretary;
       (5) provide that the standard of reclamation for land 
     required to be reclaimed under this division shall be, to the 
     maximum extent practicable--
       (A) a condition capable of supporting the uses that the 
     land was capable of supporting prior to any exploration, 
     development, or production activities; or
       (B) upon application by the lessee, to a higher or better 
     standard, as approved by the Secretary;
       (6) contain terms and conditions relating to protection of 
     fish and wildlife, fish and wildlife habitat, subsistence 
     resources, and the environment as required under section 
     3(a)(2);
       (7) provide that each lessee, and each agent and contractor 
     of a lessee, use their best efforts to provide a fair share 
     of employment and contracting for Alaska Natives and Alaska 
     Native Corporations from throughout the State of Alaska, as 
     determined by the level of obligation previously agreed to in 
     the Federal Agreement; and
       (8) contain such other provisions as the Secretary 
     determines to be necessary to ensure compliance with this 
     division and regulations issued under this division.
       (b) Project Labor Agreements.--The Secretary, as a term and 
     condition of each lease under this division, and in 
     recognizing the proprietary interest of the Federal 
     Government in labor stability and in the ability of 
     construction labor and management to meet the particular 
     needs and conditions of projects to be developed under the 
     leases issued pursuant to this division (including the 
     special concerns of the parties to those leases), shall 
     require that each lessee, and each agent and contractor of a 
     lessee, under this division negotiate to obtain a project 
     labor agreement for the employment of laborers and mechanics 
     on production, maintenance, and construction under the lease.

     SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

       (a) No Significant Adverse Effect Standard To Govern 
     Authorized Coastal Plain Activities.--In accordance with 
     section 3, the Secretary shall administer this division 
     through regulations, lease terms, conditions, restrictions, 
     prohibitions, stipulations, or other provisions that--
       (1) ensure, to the maximum extent practicable, that oil and 
     gas exploration, development, and production activities on 
     the Coastal Plain will result in no significant adverse 
     effect on fish and wildlife, fish and wildlife habitat, and 
     the environment;
       (2) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production on all new exploration, 
     development, and production operations; and
       (3) ensure that the maximum surface acreage covered in 
     connection with the leasing program by production and support 
     facilities, including airstrips and any areas covered by 
     gravel berms or piers for support of pipelines, does not 
     exceed 2,000 acres on the Coastal Plain.
       (b) Site-Specific Assessment and Mitigation.--The Secretary 
     shall require, with respect to any proposed drilling and 
     related activities on the Coastal Plain, that--
       (1) a site-specific environmental analysis be made of the 
     probable effects, if any, that the drilling or related 
     activities will have on fish and wildlife, fish and wildlife 
     habitat, subsistence resources, subsistence uses, and the 
     environment;
       (2) a plan be implemented to avoid, minimize, and mitigate 
     (in that order and to the maximum extent practicable) any 
     significant adverse effect identified under paragraph (1); 
     and
       (3) the development of the plan occur after consultation 
     with--
       (A) each agency having jurisdiction over matters mitigated 
     by the plan;
       (B) the State of Alaska;
       (C) North Slope Borough, Alaska; and
       (D) the City of Kaktovik, Alaska.
       (c) Regulations To Protect Coastal Plain Fish and Wildlife 
     Resources, Subsistence Users, and the Environment.--Before 
     implementing the leasing program authorized by this division, 
     the Secretary shall prepare and issue regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     or other measures designed to ensure, to the maximum extent 
     practicable, that the activities carried out on the Coastal 
     Plain under this division are conducted in a manner 
     consistent with the purposes and environmental requirements 
     of this division.
       (d) Compliance With Federal and State Environmental Laws 
     and Other Requirements.--The proposed regulations, lease 
     terms,

[[Page 29488]]

     conditions, restrictions, prohibitions, and stipulations for 
     the leasing program under this division shall require--
       (1) compliance with all applicable provisions of Federal 
     and State environmental law (including regulations);
       (2) implementation of and compliance with--
       (A) standards that are at least as effective as the safety 
     and environmental mitigation measures, as described in items 
     1 through 29 on pages 167 through 169 of the Final Statement, 
     on the Coastal Plain;
       (B) seasonal limitations on exploration, development, and 
     related activities, as necessary, to avoid significant 
     adverse effects during periods of concentrated fish and 
     wildlife breeding, denning, nesting, spawning, and migration;
       (C) design safety and construction standards for all 
     pipelines and any access and service roads that minimize, to 
     the maximum extent practicable, adverse effects on--
       (i) the passage of migratory species (such as caribou); and
       (ii) the flow of surface water by requiring the use of 
     culverts, bridges, or other structural devices;
       (D) prohibitions on general public access to, and use of, 
     all pipeline access and service roads;
       (E) stringent reclamation and rehabilitation requirements 
     in accordance with this division for the removal from the 
     Coastal Plain of all oil and gas development and production 
     facilities, structures, and equipment on completion of oil 
     and gas production operations, except in a case in which the 
     Secretary determines that those facilities, structures, or 
     equipment--
       (i) would assist in the management of the Arctic National 
     Wildlife Refuge; and
       (ii) are donated to the United States for that purpose;
       (F) appropriate prohibitions or restrictions on--
       (i) access by all modes of transportation;
       (ii) sand and gravel extraction; and
       (iii) use of explosives;
       (G) reasonable stipulations for protection of cultural and 
     archaeological resources;
       (H) measures to protect groundwater and surface water, 
     including--
       (i) avoidance, to the maximum extent practicable, of 
     springs, streams, and river systems;
       (ii) the protection of natural surface drainage patterns 
     and wetland and riparian habitats; and
       (iii) the regulation of methods or techniques for 
     developing or transporting adequate supplies of water for 
     exploratory drilling; and
       (I) research, monitoring, and reporting requirements;
       (3) that exploration activities (except surface geological 
     studies) be limited to the period between approximately 
     November 1 and May 1 of each year and be supported, if 
     necessary, by ice roads, winter trails with adequate snow 
     cover, ice pads, ice airstrips, and air transport methods 
     (except that those exploration activities may be permitted at 
     other times if the Secretary determines that the exploration 
     will have no significant adverse effect on fish and wildlife, 
     fish and wildlife habitat, subsistence resources, and the 
     environment of the Coastal Plain);
       (4) consolidation of facility siting;
       (5) avoidance or reduction of air traffic-related 
     disturbance to fish and wildlife;
       (6) treatment and disposal of hazardous and toxic wastes, 
     solid wastes, reserve pit fluids, drilling muds and cuttings, 
     and domestic wastewater, including, in accordance with 
     applicable Federal and State environmental laws (including 
     regulations)--
       (A) preparation of an annual waste management report;
       (B) development and implementation of a hazardous materials 
     tracking system; and
       (C) prohibition on the use of chlorinated solvents;
       (7) fuel storage and oil spill contingency planning;
       (8) conduct of periodic field crew environmental briefings;
       (9) avoidance of significant adverse effects on subsistence 
     hunting, fishing, and trapping;
       (10) compliance with applicable air and water quality 
     standards;
       (11) appropriate seasonal and safety zone designations 
     around well sites, within which subsistence hunting and 
     trapping shall be limited; and
       (12) development and implementation of such other 
     protective environmental requirements, restrictions, terms, 
     or conditions as the Secretary, after consultation with the 
     State of Alaska, North Slope Borough, Alaska, and the City of 
     Kaktovik, Alaska, determines to be necessary.
       (e) Considerations.--In preparing and issuing regulations, 
     lease terms, conditions, restrictions, prohibitions, or 
     stipulations under this section, the Secretary shall take 
     into consideration--
       (1) the stipulations and conditions that govern the 
     National Petroleum Reserve-Alaska leasing program, as set 
     forth in the 1999 Northeast National Petroleum Reserve-Alaska 
     Final Integrated Activity Plan/Environmental Impact 
     Statement;
       (2) the environmental protection standards that governed 
     the initial Coastal Plain seismic exploration program under 
     parts 37.31 through 37.33 of title 50, Code of Federal 
     Regulations (or successor regulations); and
       (3) the land use stipulations for exploratory drilling on 
     the KIC-ASRC private land described in Appendix 2 of the 
     agreement between Arctic Slope Regional Corporation and the 
     United States dated August 9, 1983.
       (f) Facility Consolidation Planning.--
       (1) In general.--After providing for public notice and 
     comment, the Secretary shall prepare and periodically update 
     a plan to govern, guide, and direct the siting and 
     construction of facilities for the exploration, development, 
     production, and transportation of oil and gas resources from 
     the Coastal Plain.
       (2) Objectives.--The objectives of the plan shall be--
       (A) the avoidance of unnecessary duplication of facilities 
     and activities;
       (B) the encouragement of consolidation of common facilities 
     and activities;
       (C) the location or confinement of facilities and 
     activities to areas that will minimize impact on fish and 
     wildlife, fish and wildlife habitat, subsistence resources, 
     and the environment;
       (D) the use of existing facilities, to the maximum extent 
     practicable; and
       (E) the enhancement of compatibility between wildlife 
     values and development activities.
       (g) Access to Public Land.--The Secretary shall--
       (1) manage public land in the Coastal Plain in accordance 
     with subsections (a) and (b) of section 811 of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3121); 
     and
       (2) ensure that local residents shall have reasonable 
     access to public land in the Coastal Plain for traditional 
     uses.

     SEC. 8. EXPEDITED JUDICIAL REVIEW.

       (a) Filing of Complaints.--
       (1) Deadline.--A complaint seeking judicial review of a 
     provision of this division or an action of the Secretary 
     under this division shall be filed--
       (A) except as provided in subparagraph (B), during the 90-
     day period beginning on the date on which the action being 
     challenged was carried out; or
       (B) in the case of a complaint based solely on grounds 
     arising after the 90-day period described in subparagraph 
     (A), by not later than 90 days after the date on which the 
     complainant knew or reasonably should have known about the 
     grounds for the complaint.
       (2) Venue.--A complaint seeking judicial review of a 
     provision of this division or an action of the Secretary 
     under this division shall be filed in the United States Court 
     of Appeals for the District of Columbia.
       (3) Scope.--
       (A) In general.--Judicial review of a decision of the 
     Secretary under this division (including an environmental 
     analysis of such a lease sale) shall be--
       (i) limited to a review of whether the decision is in 
     accordance with this division; and
       (ii) based on the administrative record of the decision.
       (B) Presumptions.--Any identification by the Secretary of a 
     preferred course of action relating to a lease sale, and any 
     analysis by the Secretary of environmental effects, under 
     this division shall be presumed to be correct unless proven 
     otherwise by clear and convincing evidence.
       (b) Limitation on Other Review.--Any action of the 
     Secretary that is subject to judicial review under this 
     section shall not be subject to judicial review in any civil 
     or criminal proceeding for enforcement.

     SEC. 9. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.

       For purposes of section 1102(4)(A) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)), any 
     rights-of-way or easements across the Coastal Plain for the 
     exploration, development, production, or transportation of 
     oil and gas shall be considered to be established incident to 
     the management of the Coastal Plain under this section.

     SEC. 10. CONVEYANCE.

       Notwithstanding section 1302(h)(2) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to 
     remove any cloud on title to land, and to clarify land 
     ownership patterns in the Coastal Plain, the Secretary 
     shall--
       (1) to the extent necessary to fulfill the entitlement of 
     the Kaktovik Inupiat Corporation under sections 12 and 14 of 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 
     1613), as determined by the Secretary, convey to that 
     Corporation the surface estate of the land described in 
     paragraph (1) of Public Land Order 6959, in accordance with 
     the terms and conditions of the agreement between the 
     Secretary, the United States Fish and Wildlife Service, the 
     Bureau of Land Management, and the Kaktovik Inupiat 
     Corporation, dated January 22, 1993; and
       (2) convey to the Arctic Slope Regional Corporation the 
     remaining subsurface estate to which that Corporation is 
     entitled under the agreement between that corporation and the 
     United States, dated August 9, 1983.

     SEC. 11. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE 
                   ASSISTANCE.

       (a) Establishment of Fund.--
       (1) In general.--As a condition on the receipt of funds 
     under section 1(a) of division D, the State of Alaska shall 
     establish in the treasury of the State, and administer in 
     accordance with this section, a fund to be known as the 
     ``Coastal Plain Local Government Impact Aid Assistance Fund'' 
     (referred to in this section as the ``Fund'').
       (2) Deposits.--Subject to paragraph (1), the Secretary of 
     the Treasury shall deposit into the Fund, in accordance with 
     section 1(a)(2) of division D, $35,000,000 each year from 
     adjusted bonus, rental, and royalty revenues from oil and gas 
     leasing and operations under this division.
       (3) Investment.--The Governor of the State of Alaska 
     (referred to in this section as the ``Governor'') shall 
     invest amounts in the Fund in interest-bearing securities of 
     the United States or the State of Alaska.

[[Page 29489]]

       (b) Assistance.--The Governor, in cooperation with the 
     Mayor of the North Slope Borough, shall use amounts in the 
     Fund to provide assistance to North Slope Borough, Alaska, 
     the City of Kaktovik, Alaska, and any other borough, 
     municipal subdivision, village, or other community in the 
     State of Alaska that is directly impacted by exploration for, 
     or the production of, oil or gas on the Coastal Plain under 
     this division, or any Alaska Native Regional Corporation 
     acting on behalf of the villages and communities within its 
     region whose lands lie along the right of way of the Trans 
     Alaska Pipeline System, as determined by the Governor.
       (c) Application.--
       (1) In general.--To receive assistance under subsection 
     (b), a community or Regional Corporation described in that 
     subsection shall submit to the Governor, or to the Mayor of 
     the North Slope Borough, an application in such time, in such 
     manner, and containing such information as the Governor may 
     require.
       (2) Action by north slope borough.--The Mayor of the North 
     Slope Borough shall submit to the Governor each application 
     received under paragraph (1) as soon as practicable after the 
     date on which the application is received.
       (3) Assistance of governor.--The Governor shall assist 
     communities in submitting applications under this subsection, 
     to the maximum extent practicable.
       (d) Use of Funds.--A community or Regional Corporation that 
     receives funds under subsection (b) may use the funds--
       (1) to plan for mitigation, implement a mitigation plan, or 
     maintain a mitigation project to address the potential 
     effects of oil and gas exploration and development on 
     environmental, social, cultural, recreational, and 
     subsistence resources of the community;
       (2) to develop, carry out, and maintain--
       (A) a project to provide new or expanded public facilities; 
     or
       (B) services to address the needs and problems associated 
     with the effects described in paragraph (1), including 
     firefighting, police, water and waste treatment, first 
     responder, and other medical services;
       (3) to compensate residents of the Coastal Plain for 
     significant damage to environmental, social, cultural, 
     recreational, or subsistence resources; and
       (4) in the City of Kaktovik, Alaska--
       (A) to develop a mechanism for providing members of the 
     Kaktovikmiut Inupiat community an opportunity to--
       (i) monitor development on the Coastal Plain; and
       (ii) provide information and recommendations to the 
     Governor based on traditional aboriginal knowledge of the 
     natural resources, flora, fauna, and ecological processes of 
     the Coastal Plain; and
       (B) to establish a local coordination office, to be managed 
     by the Mayor of the North Slope Borough, in coordination with 
     the City of Kaktovik, Alaska--
       (i) to coordinate with and advise developers on local 
     conditions and the history of areas affected by development;
       (ii) to provide to the Committee on Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate annual reports on the status of the 
     coordination between developers and communities affected by 
     development;
       (iii) to collect from residents of the Coastal Plain 
     information regarding the impacts of development on fish, 
     wildlife, habitats, subsistence resources, and the 
     environment of the Coastal Plain; and
       (iv) to ensure that the information collected under clause 
     (iii) is submitted to--

       (I) developers; and

       (II) any appropriate Federal agency.

     SEC. 12. PROHIBITION ON EXPORTS.

       An oil or gas lease issued under this division shall 
     prohibit the exportation of oil or gas produced under the 
     lease.

     SEC. 13. LEGISLATIVE PROCEDURE.

       Effective immediately, the Presiding Officer shall apply 
     all of the precedents of the Senate under Rule XXVIII in 
     effect at the beginning of the 109th Congress.

     SEC. 14. SEVERABILITY.

       If any provision of this division or division D, or the 
     application of such provision to any person or circumstance, 
     is held to be unconstitutional, the remainder of this 
     division and division D and the application of such 
     provisions to any person or circumstance shall not be 
     affected thereby.
      DIVISION D--DISTRIBUTION OF REVENUES AND DISASTER ASSISTANCE

     SEC. 1. FEDERAL AND STATE DISTRIBUTION OF REVENUES.

       (a) Receipts.--Subject to section 11(a)(1) of division C 
     and notwithstanding any other provision of law--
       (1) 50 percent of the amount of adjusted bonus, rental, and 
     royalty receipts from Federal oil and gas leasing and 
     operations authorized under division C shall be deposited in 
     the Treasury as miscellaneous receipts, in accordance with 
     subsection (b), of which 5 percent shall be appropriated to 
     the Department of Health and Human Services to make payments 
     under title XXVI of the Omnibus Budget Reconciliation Act of 
     1981 (42 U.S.C. 8621); and
       (2) 50 percent of the amount of adjusted bonus, rental, and 
     royalty receipts derived from Federal oil and gas leasing and 
     operations authorized under division C shall be paid to the 
     State of Alaska, of which $35,000,000 per year shall be 
     deposited by the Secretary of the Treasury into the fund 
     created under section 11(a)(1) of division C.
       (b) Gulf Coast Recovery and Disaster Prevention and 
     Assistance Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a revolving fund, to be known as the ``Gulf 
     Coast Recovery and Disaster Prevention and Assistance Fund'' 
     (referred to in this section as the ``Gulf Fund''), 
     consisting of--
       (A) such amounts as are appropriated to the Gulf Fund under 
     paragraph (2); and
       (B) any interest earned on investment of amounts in the 
     Gulf Fund under paragraph (5).
       (2) Transfers to gulf fund.--
       (A) Bonus bids, rentals, and royalty revenues.--From 
     amounts collected from oil and gas leasing and operations 
     under this section and received in the Treasury, there are 
     appropriated to the Gulf Fund an amount equal to the sum of--
       (i) 80 percent of the amount of adjusted bonus bids and 
     rentals described in subsection (a)(1); and
       (ii) 20 percent of royalty revenues described in subsection 
     (a)(1).
       (B) Digital transition and public safety fund.--Amounts 
     deposited in the Digital Transition and Public Safety Fund 
     that exceed $10,000,000,000, up to a total of $2,000,000,000, 
     are appropriated to the Gulf Fund to be made available, 
     without further appropriation, as provided in this section.
       (3) Expenditures from gulf fund.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     of the Treasury shall transfer from the Gulf Fund direct lump 
     sum payments to State and local governments that were 
     directly affected by Hurricane Katrina, Rita, or Wilma.
       (B) Allocation of payments.--Payments described in 
     subparagraph (A) shall be allocated--
       (i) 50 percent to the State of Louisiana for hurricane and 
     flood protection and control, coastal restoration projects, 
     levies, and the construction and improvement of emergency 
     evacuation routes in south Louisiana;
       (ii) 25 percent to the State of Mississippi, of which 10 
     percent shall be provided to Hancock County, 10 percent shall 
     be provided to Harrison County, 10 percent shall be provided 
     to Jackson County, and 30 percent shall be allocated to 
     municipalities within those counties based on the proportion 
     of the population of each municipality to the total 
     population of all such municipalities, to--

       (I) restore coastal estuaries and fisheries habitats;
       (II) restore or expand barrier islands to provide coastal 
     hurricane protection;
       (III) restore or construct coastal shoreline and flood 
     protection structures;
       (IV) repair and upgrade water and wastewater systems;
       (V) restore and expand hurricane evacuation transportation 
     routes and services;
       (VI) restore storm-damaged public buildings and facilities, 
     including waterfront facilities, not otherwise paid for by 
     the Federal Government; and
       (VII) pay or reimburse the costs of storm debris removal 
     not otherwise paid by the Federal Government.

       (iii) 10 percent to the State of Texas for hurricane relief 
     and recovery efforts, including--

       (I) storm debris removal costs not otherwise paid by the 
     Federal Government;

       (II) low-income housing needs;
       (III) the cost of providing uncompensated medical care to 
     hurricane victims; and
       (IV) education-related expenses, including expenses for K-
     12 and higher education;

       (iv) 10 percent to the State of Alabama for recovery and 
     restoration activities; and
       (v) 5 percent to the State of Florida for restoration and 
     recovery activities.
       (4) Loan authority.--The Secretary of the Treasury may 
     borrow from the Treasury such sums as may be necessary to 
     carry out this subsection, but shall reimburse the Treasury 
     immediately when funds are deposited into the Gulf Fund.
       (5) Investment of amounts.--
       (A) In general.--The Secretary of the Treasury shall invest 
     such portion of the Gulf Fund as is not, in the judgment of 
     the Secretary of the Treasury, required to meet current 
     withdrawals.
       (B) Interest-bearing obligations.--Investments may be made 
     only in interest-bearing obligations of the United States.
       (C) Acquisition of obligations.--For the purpose of 
     investments under clause (i), obligations may be acquired--
       (i) on original issue at the issue price; or
       (ii) by purchase of outstanding obligations at the market 
     price.
       (D) Sale of obligations.--Any obligation acquired by the 
     Gulf Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (E) Credits to gulf fund.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Gulf Fund shall be credited to and form a part of the 
     Gulf Fund.

     SEC. 2. LOW-INCOME HOME ENERGY ASSISTANCE.

       (a) In General.--Subject to subsection (b), there is 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2006, 
     an additional $2,000,000,000 to the Administration for 
     Children and Families, to remain available until expended, 
     for making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.).
       (b) Requirement.--Notwithstanding section 2602(e) of the 
     Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 
     8621(e)), of funds appropriated under subsection (a), 
     $1,500,000,000 shall

[[Page 29490]]

     be used for the unanticipated home energy assistance needs of 
     1 or more States, as authorized by section 2604(e) of the 
     Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 
     8623(e)).
       (c) Emergency Designation.--The amounts made available by 
     the transfer of funds in or pursuant to this section are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress).

     SEC. 3. ASSISTANCE FROM DIGITAL TRANSITION AND PUBLIC SAFETY 
                   FUND.

       (a) In General.--Subject to subsection (f), in addition to 
     any amounts otherwise provided in this or any other Act, 
     amounts from the Digital Transition and Public Safety Fund in 
     excess of $12,000,000,000 are appropriated, to remain 
     available until expended, to be made available by the 
     Secretary of the Treasury, without further appropriation, to 
     carry out this section.
       (b) Agricultural Assistance.--Notwithstanding any other 
     provision of law, of the amount made available under 
     subsection (a), $900,000,000 shall be made available to the 
     Secretary of Agriculture to increase enrollment in 
     conservation programs, including--
       (1) the conservation reserve program established under 
     subchapter B of chapter 1 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3831 et seq.);
       (2) the wetlands reserve program established under 
     subchapter C of chapter 1 of subtitle D of title XII of that 
     Act (16 U.S.C. 3837 et seq.);
       (3) the conservation security program established under 
     subchapter A of chapter 2 of subtitle D of title XII of that 
     Act (16 U.S.C. 3838 et seq.);
       (4) the grassland reserve program established under 
     subchapter C of chapter 2 of subtitle D of title XII of that 
     Act (16 U.S.C. 3838n et seq.); and
       (5) the environmental quality incentives program 
     established under chapter 4 of subtitle D of title XII of 
     that Act (16 U.S.C. 3839aa et seq.).
       (c) Other Conservation Programs.--Of the amounts made 
     available under subsection (a), $100,000,000 shall be used to 
     carry out other conservation programs, including--
       (1) $50,000,000 shall be used for expenses necessary to 
     carry out the North American Wetlands Conservation Act (16 
     U.S.C. 4401 et seq.); and
       (2) $50,000,000 shall be provided to the National Fish and 
     Wildlife Service to acquire permanent conservation easements 
     from willing sellers for the National Wildlife Refuge System 
     to protect critical grassland and wetland habitats.
       (d) Preparation for a Natural Disaster or Terrorist 
     Attack.--
       (1) In general.--Of the amount made available under 
     subsection (a), $2,000,000,000 shall be used for State and 
     local government preparation for a natural disaster or 
     terrorist attack, of which--
       (A) $1,000,000,000 shall be used to carry out paragraph 
     (2); and
       (B) $1,000,000,000 shall be used to carry out paragraph 
     (3).
       (2) Interoperable communications equipment.--
       (A) In general.--The amount made available under paragraph 
     (1)(A) shall be provided to the Department of Homeland 
     Security, Office for Domestic Preparedness, State and Local 
     Programs, to make grants to State and local governments for 
     interoperable communications equipment, of which--
       (i) at least 75 percent shall be allocated based on risk 
     and threat, as determined by the Secretary of Homeland 
     Security; and
       (ii) the remainder shall be allocated equally to all States 
     for compatible emergency communications equipment (which may 
     include equipment) with satellite capability operable in the 
     event that towers, central offices, or other critical 
     infrastructure such as power facilities are destroyed or 
     disrupted.
       (B) Plan.--No funds may be obligated under this paragraph 
     until the grantee has in place an interoperable 
     communications implementation plan certified by the 
     Department of Homeland Security.
       (C) Standards or guidelines.--Any communications equipment 
     acquired under this paragraph shall meet standards or 
     guidelines established by the Department of Homeland Security 
     Office of Interoperable Communications.
       (D) Salaries and expenses.--Of the amount made available 
     under this paragraph, not more than 3 percent may be used by 
     the Secretary of Homeland Security for salaries and 
     administrative expenses.
       (3) Preparation for terrorist attacks, pandemic events, or 
     natural disasters.--
       (A) In general.--The amount made available under paragraph 
     (1)(B) shall be provided to the Department of Homeland 
     Security, Office for Domestic Preparedness, State and Local 
     Programs, to make grants to prepare for a terrorist attack, 
     pandemic event, or natural disaster, including--
       (i) developing evacuation plans and plans to accept and 
     provide for evacuees from other jurisdictions;
       (ii) providing training for the implementation of, and 
     exercises under, those plans;
       (iii) acquisition of equipment and medical supplies; and
       (iv) related costs.
       (B) Allocation.--Funds provided under this paragraph shall 
     be allocated based on risk and threat, as determined by the 
     Secretary of Homeland Security, except that no State shall 
     receive less than 0.55 percent and no territory shall receive 
     no less than 0.15 of the total amount provided under this 
     paragraph.
       (C) Availability of applications.--Not later than 60 days 
     after the date of enactment of this Act, the Secretary of 
     Homeland Security shall make applications for grants under 
     this paragraph available to States.
       (D) Submission of applications.--To be eligible for a grant 
     under this paragraph, a State shall submit an application for 
     the grant within 90 days after the announcement of grant 
     availability.
       (E) Action on applications.--The Office for Domestic 
     Preparedness shall act on an application within 90 days after 
     receipt of the application.
       (F) Local governments.--Not less than 80 percent of any 
     grant under this paragraph to a State shall be made available 
     by the State to local governments within 60 days after the 
     receipt of funds.
       (G) Salaries and expenses.--Of the amount made available 
     under this paragraph, not more than 3 percent may be used by 
     the Secretary of Homeland Security for salaries and 
     administrative expenses.
       (e) Border Security; Department of Homeland Security.--
       (1) Office of the chief information officer.--There is 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2006, 
     an additional $80,000,000 to the Department of Homeland 
     Security, Office of the Chief Information Officer, to replace 
     and upgrade law enforcement communications, $80,000,000, to 
     remain available until expended.
       (2) Customs and border protection.--
       (A) Salaries and expenses.--There is appropriated, out of 
     any funds in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2006, an additional 
     $30,000,000 for ``Customs and Border Protection'', ``Salaries 
     and Expenses'', to replace border patrol vehicles.
       (B) Air and marine interdiction, operations, maintenance, 
     and procurement.--
       (i) In general.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2006, an additional $862,000,000 for 
     ``Air and Marine Interdiction, Operations, Maintenance, and 
     Procurement'' to replace air assets facilities, to remain 
     available until expended, of which--

       (I) $490,000,000 shall be used to replace air assets, 
     including $40,000,000 for helicopter replacement; and
       (II) $372,000,000 shall be used to construct and renovate 
     air facilities.

       (ii) Plan.--None of the funds made available under this 
     subparagraph may be obligated until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve an expenditure plan for the funds and for 
     the complete recapitalization of Customs and Border 
     Protection air assets and facilities.
       (C) Construction.--
       (i) In general.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2006, an additional $120,000,000 for 
     ``Construction'', to remain available until expended, of 
     which--

       (I) $30,000,000 shall be used for Tucson, Arizona sector 
     tactical infrastructure; and
       (II) $20,000,000 shall be used for the San Diego, 
     California sector fence.

       (ii) Plan.--None of the funds made available under this 
     subparagraph may be obligated until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve an expenditure plan for the funds.
       (3) Immigration and customs enforcement.--There is 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2006, 
     an additional $30,000,000 for ``Salaries and Expenses'' to 
     replace detention and removal vehicles.
       (4) Federal law enforcement training center.--There is 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2006, 
     an additional $17,900,000 for ``Acquisition, Construction, 
     Improvements, and Related Expenses'' for construction of the 
     language training facility referenced in the Master Plan and 
     for information technology infrastructure improvements, to 
     remain available until expended.
       (5) Emergency designation.--The amounts provided under this 
     subsection are designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).
       (6) Offsetting receipts.--If any amount remains in the 
     Digital Transition and Public Safety Fund after 
     implementation of this section, $1,139,000,000 of the amount 
     shall be deposited in the Treasury as offsetting receipts.
       (f) Insufficient Funds.--If the amount of funds made 
     available under subsection (a) is not sufficient to carry out 
     subsections (b) through (d), each amount of funds otherwise 
     made available under subsections (b) through (d) shall be 
     reduced on a pro rata basis.
      DIVISION E--PUBLIC READINESS AND EMERGENCY PREPAREDNESS ACT

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``Public Readiness and 
     Emergency Preparedness Act''.

     SEC. 2. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC AND 
                   EPIDEMIC PRODUCTS AND SECURITY COUNTERMEASURES.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by inserting after section 
     319F-2 the following section:

     ``SEC. 319F-3. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC 
                   AND EPIDEMIC PRODUCTS AND SECURITY 
                   COUNTERMEASURES.

       ``(a) Liability Protections.--

[[Page 29491]]

       ``(1) In general.--Subject to the other provisions of this 
     section, a covered person shall be immune from suit and 
     liability under Federal and State law with respect to all 
     claims for loss caused by, arising out of, relating to, or 
     resulting from the administration to or the use by an 
     individual of a covered countermeasure if a declaration under 
     subsection (b) has been issued with respect to such 
     countermeasure.
       ``(2) Scope of claims for loss.--
       ``(A) Loss.--For purposes of this section, the term `loss' 
     means any type of loss, including--
       ``(i) death;
       ``(ii) physical, mental, or emotional injury, illness, 
     disability, or condition;
       ``(iii) fear of physical, mental, or emotional injury, 
     illness, disability, or condition, including any need for 
     medical monitoring; and
       ``(iv) loss of or damage to property, including business 
     interruption loss.
      Each of clauses (i) through (iv) applies without regard to 
     the date of the occurrence, presentation, or discovery of the 
     loss described in the clause.
       ``(B) Scope.--The immunity under paragraph (1) applies to 
     any claim for loss that has a causal relationship with the 
     administration to or use by an individual of a covered 
     countermeasure, including a causal relationship with the 
     design, development, clinical testing or investigation, 
     manufacture, labeling, distribution, formulation, packaging, 
     marketing, promotion, sale, purchase, donation, dispensing, 
     prescribing, administration, licensing, or use of such 
     countermeasure.
       ``(3) Certain conditions.--Subject to the other provisions 
     of this section, immunity under paragraph (1) with respect to 
     a covered countermeasure applies only if--
       ``(A) the countermeasure was administered or used during 
     the effective period of the declaration that was issued under 
     subsection (b) with respect to the countermeasure;
       ``(B) the countermeasure was administered or used for the 
     category or categories of diseases, health conditions, or 
     threats to health specified in the declaration; and
       ``(C) in addition, in the case of a covered person who is a 
     program planner or qualified person with respect to the 
     administration or use of the countermeasure, the 
     countermeasure was administered to or used by an individual 
     who--
       ``(i) was in a population specified by the declaration; and
       ``(ii) was at the time of administration physically present 
     in a geographic area specified by the declaration or had a 
     connection to such area specified in the declaration.
       ``(4) Applicability of certain conditions.--With respect to 
     immunity under paragraph (1) and subject to the other 
     provisions of this section:
       ``(A) In the case of a covered person who is a manufacturer 
     or distributor of the covered countermeasure involved, the 
     immunity applies without regard to whether such 
     countermeasure was administered to or used by an individual 
     in accordance with the conditions described in paragraph 
     (3)(C).
       ``(B) In the case of a covered person who is a program 
     planner or qualified person with respect to the 
     administration or use of the covered countermeasure, the 
     scope of immunity includes circumstances in which the 
     countermeasure was administered to or used by an individual 
     in circumstances in which the covered person reasonably could 
     have believed that the countermeasure was administered or 
     used in accordance with the conditions described in paragraph 
     (3)(C).
       ``(5) Effect of distribution method.--The provisions of 
     this section apply to a covered countermeasure regardless of 
     whether such countermeasure is obtained by donation, 
     commercial sale, or any other means of distribution, except 
     to the extent that, under paragraph (2)(E) of subsection (b), 
     the declaration under such subsection provides that 
     subsection (a) applies only to covered countermeasures 
     obtained through a particular means of distribution.
       ``(6) Rebuttable presumption.--For purposes of paragraph 
     (1), there shall be a rebuttable presumption that any 
     administration or use, during the effective period of the 
     emergency declaration by the Secretary under subsection (b), 
     of a covered countermeasure shall have been for the category 
     or categories of diseases, health conditions, or threats to 
     health with respect to which such declaration was issued.
       ``(b) Declaration by Secretary.--
       ``(1) Authority to issue declaration.--Subject to paragraph 
     (2), if the Secretary makes a determination that a disease or 
     other health condition or other threat to health constitutes 
     a public health emergency, or that there is a credible risk 
     that the disease, condition, or threat may in the future 
     constitute such an emergency, the Secretary may make a 
     declaration, through publication in the Federal Register, 
     recommending, under conditions as the Secretary may specify, 
     the manufacture, testing, development, distribution, 
     administration, or use of one or more covered 
     countermeasures, and stating that subsection (a) is in effect 
     with respect to the activities so recommended.
       ``(2) Contents.--In issuing a declaration under paragraph 
     (1), the Secretary shall identify, for each covered 
     countermeasure specified in the declaration--
       ``(A) the category or categories of diseases, health 
     conditions, or threats to health for which the Secretary 
     recommends the administration or use of the countermeasure;
       ``(B) the period or periods during which, including as 
     modified by paragraph (3), subsection (a) is in effect, which 
     period or periods may be designated by dates, or by 
     milestones or other description of events, including factors 
     specified in paragraph (6);
       ``(C) the population or populations of individuals for 
     which subsection (a) is in effect with respect to the 
     administration or use of the countermeasure (which may be a 
     specification that such subsection applies without geographic 
     limitation to all individuals);
       ``(D) the geographic area or areas for which subsection (a) 
     is in effect with respect to the administration or use of the 
     countermeasure (which may be a specification that such 
     subsection applies without geographic limitation), including, 
     with respect to individuals in the populations identified 
     under subparagraph (C), a specification, as determined 
     appropriate by the Secretary, of whether the declaration 
     applies only to individuals physically present in such areas 
     or whether in addition the declaration applies to individuals 
     who have a connection to such areas, which connection is 
     described in the declaration; and
       ``(E) whether subsection (a) is effective only to a 
     particular means of distribution as provided in subsection 
     (a)(5) for obtaining the countermeasure, and if so, the 
     particular means to which such subsection is effective.
       ``(3) Effective period of declaration.--
       ``(A) Flexibility of period.--The Secretary may, in 
     describing periods under paragraph (2)(B), have different 
     periods for different covered persons to address different 
     logistical, practical or other differences in 
     responsibilities.
       ``(B) Additional time to be specified.--In each declaration 
     under paragraph (1), the Secretary, after consulting, to the 
     extent the Secretary deems appropriate, with the manufacturer 
     of the covered countermeasure, shall also specify a date that 
     is after the ending date specified under paragraph (2)(B) and 
     that allows what the Secretary determines is--
       ``(i) a reasonable period for the manufacturer to arrange 
     for disposition of the covered countermeasure, including the 
     return of such product to the manufacturer; and
       ``(ii) a reasonable period for covered persons to take such 
     other actions as may be appropriate to limit administration 
     or use of the covered countermeasure.
       ``(C) Additional period for certain strategic national 
     stockpile countermeasures.--With respect to a covered 
     countermeasure that is in the stockpile under section 319F-2, 
     if such countermeasure was the subject of a declaration under 
     paragraph (1) at the time that it was obtained for the 
     stockpile, the effective period of such declaration shall 
     include a period when the countermeasure is administered or 
     used pursuant to a distribution or release from the 
     stockpile.
       ``(4) Amendments to declaration.--The Secretary may through 
     publication in the Federal Register amend any portion of a 
     declaration under paragraph (1). Such an amendment shall not 
     retroactively limit the applicability of subsection (a) with 
     respect to the administration or use of the covered 
     countermeasure involved.
       ``(5) Certain disclosures.--In publishing a declaration 
     under paragraph (1) in the Federal Register, the Secretary is 
     not required to disclose any matter described in section 
     552(b) of title 5, United States Code.
       ``(6) Factors to be considered.--In deciding whether and 
     under what circumstances or conditions to issue a declaration 
     under paragraph (1) with respect to a covered countermeasure, 
     the Secretary shall consider the desirability of encouraging 
     the design, development, clinical testing or investigation, 
     manufacture, labeling, distribution, formulation, packaging, 
     marketing, promotion, sale, purchase, donation, dispensing, 
     prescribing, administration, licensing, and use of such 
     countermeasure.
       ``(7) Judicial review.--No court of the United States, or 
     of any State, shall have subject matter jurisdiction to 
     review, whether by mandamus or otherwise, any action by the 
     Secretary under this subsection.
       ``(8) Preemption of state law.--During the effective period 
     of a declaration under subsection (b), or at any time with 
     respect to conduct undertaken in accordance with such 
     declaration, no State or political subdivision of a State may 
     establish, enforce, or continue in effect with respect to a 
     covered countermeasure any provision of law or legal 
     requirement that--
       ``(A) is different from, or is in conflict with, any 
     requirement applicable under this section; and
       ``(B) relates to the design, development, clinical testing 
     or investigation, formulation, manufacture, distribution, 
     sale, donation, purchase, marketing, promotion, packaging, 
     labeling, licensing, use, any other aspect of safety or 
     efficacy, or the prescribing, dispensing, or administration 
     by qualified persons of the covered countermeasure, or to any 
     matter included in a requirement applicable to the covered 
     countermeasure under this section or any other provision of 
     this Act, or under the Federal Food, Drug, and Cosmetic Act.
       ``(9) Report to congress.--Within 30 days after making a 
     declaration under paragraph (1), the Secretary shall submit 
     to the appropriate committees of the Congress a report that 
     provides an explanation of the reasons for issuing the 
     declaration and the reasons underlying the determinations of 
     the Secretary with respect to paragraph (2). Within 30 days 
     after making an amendment under paragraph (4), the Secretary 
     shall submit to such committees a report that provides the 
     reasons underlying the determination of the Secretary to make 
     the amendment.
       ``(c) Definition of Willful Misconduct.--
       ``(1) Definition.--

[[Page 29492]]

       ``(A) In general.--Except as the meaning of such term is 
     further restricted pursuant to paragraph (2), the term 
     `willful misconduct' shall, for purposes of subsection (d), 
     denote an act or omission that is taken--
       ``(i) intentionally to achieve a wrongful purpose;
       ``(ii) knowingly without legal or factual justification; 
     and
       ``(iii) in disregard of a known or obvious risk that is so 
     great as to make it highly probable that the harm will 
     outweigh the benefit.
       ``(B) Rule of construction.--The criterion stated in 
     subparagraph (A) shall be construed as establishing a 
     standard for liability that is more stringent than a standard 
     of negligence in any form or recklessness.
       ``(2) Authority to promulgate regulatory definition.--
       ``(A) In general.--The Secretary, in consultation with the 
     Attorney General, shall promulgate regulations, which may be 
     promulgated through interim final rules, that further 
     restrict the scope of actions or omissions by a covered 
     person that may qualify as `willful misconduct' for purposes 
     of subsection (d).
       ``(B) Factors to be considered.--In promulgating the 
     regulations under this paragraph, the Secretary, in 
     consultation with the Attorney General, shall consider the 
     need to define the scope of permissible civil actions under 
     subsection (d) in a way that will not adversely affect the 
     public health.
       ``(C) Temporal scope of regulations.--The regulations under 
     this paragraph may specify the temporal effect that they 
     shall be given for purposes of subsection (d).
       ``(D) Initial rulemaking.--Within 180 days after the 
     enactment of the Public Readiness and Emergency Preparedness 
     Act, the Secretary, in consultation with the Attorney 
     General, shall commence and complete an initial rulemaking 
     process under this paragraph.
       ``(3) Proof of willful misconduct.--In an action under 
     subsection (d), the plaintiff shall have the burden of 
     proving by clear and convincing evidence willful misconduct 
     by each covered person sued and that such willful misconduct 
     caused death or serious physical injury.
       ``(4) Defense for acts or omissions taken pursuant to 
     secretary's declaration.--Notwithstanding any other provision 
     of law, a program planner or qualified person shall not have 
     engaged in `willful misconduct' as a matter of law where such 
     program planner or qualified person acted consistent with 
     applicable directions, guidelines, or recommendations by the 
     Secretary regarding the administration or use of a covered 
     countermeasure that is specified in the declaration under 
     subsection (b), provided either the Secretary, or a State or 
     local health authority, was provided with notice of 
     information regarding serious physical injury or death from 
     the administration or use of a covered countermeasure that is 
     material to the plaintiff's alleged loss within 7 days of the 
     actual discovery of such information by such program planner 
     or qualified person.
       ``(5) Exclusion for regulated activity of manufacturer or 
     distributor.--
       ``(A) In general.--If an act or omission by a manufacturer 
     or distributor with respect to a covered countermeasure, 
     which act or omission is alleged under subsection (e)(3)(A) 
     to constitute willful misconduct, is subject to regulation by 
     this Act or by the Federal Food, Drug, and Cosmetic Act, such 
     act or omission shall not constitute `willful misconduct' for 
     purposes of subsection (d) if--
       ``(i) neither the Secretary nor the Attorney General has 
     initiated an enforcement action with respect to such act or 
     omission; or
       ``(ii) such an enforcement action has been initiated and 
     the action has been terminated or finally resolved without a 
     covered remedy.

     Any action or proceeding under subsection (d) shall be stayed 
     during the pendency of such an enforcement action.
       ``(B) Definitions.--For purposes of this paragraph, the 
     following terms have the following meanings:
       ``(i) Enforcement action.--The term `enforcement action' 
     means a criminal prosecution, an action seeking an 
     injunction, a seizure action, a civil monetary proceeding 
     based on willful misconduct, a mandatory recall of a product 
     because voluntary recall was refused, a proceeding to compel 
     repair or replacement of a product, a termination of an 
     exemption under section 505(i) or 520(g) of the Federal Food, 
     Drug, and Cosmetic Act, a debarment proceeding, an 
     investigator disqualification proceeding where an 
     investigator is an employee or agent of the manufacturer, a 
     revocation, based on willful misconduct, of an authorization 
     under section 564 of such Act, or a suspension or withdrawal, 
     based on willful misconduct, of an approval or clearance 
     under chapter V of such Act or of a licensure under section 
     351 of this Act.
       ``(ii) Covered remedy.--The term `covered remedy' means an 
     outcome--

       ``(I) that is a criminal conviction, an injunction, or a 
     condemnation, a civil monetary payment, a product recall, a 
     repair or replacement of a product, a termination of an 
     exemption under section 505(i) or 520(g) of the Federal Food, 
     Drug, and Cosmetic Act, a debarment, an investigator 
     disqualification, a revocation of an authorization under 
     section 564 of such Act, or a suspension or withdrawal of an 
     approval or clearance under chapter 5 of such Act or of a 
     licensure under section 351 of this Act; and
       ``(II) that results from a final determination by a court 
     or from a final agency action.

       ``(iii) Final.--The terms `final' and `finally'--

       ``(I) with respect to a court determination, or to a final 
     resolution of an enforcement action that is a court 
     determination, mean a judgment from which an appeal of right 
     cannot be taken or a voluntary or stipulated dismissal; and
       ``(II) with respect to an agency action, or to a final 
     resolution of an enforcement action that is an agency action, 
     mean an order that is not subject to further review within 
     the agency and that has not been reversed, vacated, enjoined, 
     or otherwise nullified by a final court determination or a 
     voluntary or stipulated dismissal.

       ``(C) Rules of construction.--
       ``(i) In general.--Nothing in this paragraph shall be 
     construed--

       ``(I) to affect the interpretation of any provision of the 
     Federal Food, Drug, and Cosmetic Act, of this Act, or of any 
     other applicable statute or regulation; or
       ``(II) to impair, delay, alter, or affect the authority, 
     including the enforcement discretion, of the United States, 
     of the Secretary, of the Attorney General, or of any other 
     official with respect to any administrative or court 
     proceeding under this Act, under the Federal Food, Drug, and 
     Cosmetic Act, under title 18 of the United States Code, or 
     under any other applicable statute or regulation.

       ``(ii) Mandatory recalls.--A mandatory recall called for in 
     the declaration is not a Food and Drug Administration 
     enforcement action.
       ``(d) Exception to Immunity of Covered Persons.--
       ``(1) In general.--Subject to subsection (f), the sole 
     exception to the immunity from suit and liability of covered 
     persons set forth in subsection (a) shall be for an exclusive 
     Federal cause of action against a covered person for death or 
     serious physical injury proximately caused by willful 
     misconduct, as defined pursuant to subsection (c), by such 
     covered person. For purposes of section 2679(b)(2)(B) of 
     title 28, United States Code, such a cause of action is not 
     an action brought for violation of a statute of the United 
     States under which an action against an individual is 
     otherwise authorized.
       ``(2) Persons who can sue.--An action under this subsection 
     may be brought for wrongful death or serious physical injury 
     by any person who suffers such injury or by any 
     representative of such a person.
       ``(e) Procedures for Suit.--
       ``(1) Exclusive federal jurisdiction.--Any action under 
     subsection (d) shall be filed and maintained only in the 
     United States District Court for the District of Columbia.
       ``(2) Governing law.--The substantive law for decision in 
     an action under subsection (d) shall be derived from the law, 
     including choice of law principles, of the State in which the 
     alleged willful misconduct occurred, unless such law is 
     inconsistent with or preempted by Federal law, including 
     provisions of this section.
       ``(3) Pleading with particularity.--In an action under 
     subsection (d), the complaint shall plead with particularity 
     each element of the plaintiff's claim, including--
       ``(A) each act or omission, by each covered person sued, 
     that is alleged to constitute willful misconduct relating to 
     the covered countermeasure administered to or used by the 
     person on whose behalf the complaint was filed;
       ``(B) facts supporting the allegation that such alleged 
     willful misconduct proximately caused the injury claimed; and
       ``(C) facts supporting the allegation that the person on 
     whose behalf the complaint was filed suffered death or 
     serious physical injury.
       ``(4) Verification, certification, and medical records.--
       ``(A) In general.--In an action under subsection (d), the 
     plaintiff shall verify the complaint in the manner stated in 
     subparagraph (B) and shall file with the complaint the 
     materials described in subparagraph (C). A complaint that 
     does not substantially comply with subparagraphs (B) and (C ) 
     shall not be accepted for filing and shall not stop the 
     running of the statute of limitations.
       ``(B) Verification requirement.--
       ``(i) In general.--The complaint shall include a 
     verification, made by affidavit of the plaintiff under oath, 
     stating that the pleading is true to the knowledge of the 
     deponent, except as to matters specifically identified as 
     being alleged on information and belief, and that as to those 
     matters the plaintiff believes it to be true.
       ``(ii) Identification of matters alleged upon information 
     and belief.--Any matter that is not specifically identified 
     as being alleged upon the information and belief of the 
     plaintiff, shall be regarded for all purposes, including a 
     criminal prosecution, as having been made upon the knowledge 
     of the plaintiff.
       ``(C) Materials required.--In an action under subsection 
     (d), the plaintiff shall file with the complaint--
       ``(i) an affidavit, by a physician who did not treat the 
     person on whose behalf the complaint was filed, certifying, 
     and explaining the basis for such physician's belief, that 
     such person suffered the serious physical injury or death 
     alleged in the complaint and that such injury or death was 
     proximately caused by the administration or use of a covered 
     countermeasure; and
       ``(ii) certified medical records documenting such injury or 
     death and such proximate causal connection.
       ``(5) Three-judge court.--Any action under subsection (d) 
     shall be assigned initially to a panel of three judges. Such 
     panel shall have jurisdiction over such action for purposes 
     of considering motions to dismiss, motions for summary 
     judgment, and matters related thereto. If such panel has 
     denied such motions, or if the time for filing such motions 
     has expired, such panel shall refer the action to the chief 
     judge

[[Page 29493]]

     for assignment for further proceedings, including any trial. 
     Section 1253 of title 28, United States Code, and paragraph 
     (3) of subsection (b) of section 2284 of title 28, United 
     States Code, shall not apply to actions under subsection (d).
       ``(6) Civil discovery.--
       ``(A) Timing.--In an action under subsection (d), no 
     discovery shall be allowed--
       ``(i) before each covered person sued has had a reasonable 
     opportunity to file a motion to dismiss;
       ``(ii) in the event such a motion is filed, before the 
     court has ruled on such motion; and
       ``(iii) in the event a covered person files an 
     interlocutory appeal from the denial of such a motion, before 
     the court of appeals has ruled on such appeal.
       ``(B) Standard.--Notwithstanding any other provision of 
     law, the court in an action under subsection (d) shall permit 
     discovery only with respect to matters directly related to 
     material issues contested in such action, and the court shall 
     compel a response to a discovery request (including a request 
     for admission, an interrogatory, a request for production of 
     documents, or any other form of discovery request) under Rule 
     37, Federal Rules of Civil Procedure, only if the court finds 
     that the requesting party needs the information sought to 
     prove or defend as to a material issue contested in such 
     action and that the likely benefits of a response to such 
     request equal or exceed the burden or cost for the responding 
     party of providing such response.
       ``(7) Reduction in award of damages for collateral source 
     benefits.--
       ``(A) In general.--In an action under subsection (d), the 
     amount of an award of damages that would otherwise be made to 
     a plaintiff shall be reduced by the amount of collateral 
     source benefits to such plaintiff.
       ``(B) Provider of collateral source benefits not to have 
     lien or subrogation.--No provider of collateral source 
     benefits shall recover any amount against the plaintiff or 
     receive any lien or credit against the plaintiff's recovery 
     or be equitably or legally subrogated to the right of the 
     plaintiff in an action under subsection (d).
       ``(C) Collateral source benefit defined.--For purposes of 
     this paragraph, the term `collateral source benefit' means 
     any amount paid or to be paid in the future to or on behalf 
     of the plaintiff, or any service, product, or other benefit 
     provided or to be provided in the future to or on behalf of 
     the plaintiff, as a result of the injury or wrongful death, 
     pursuant to--
       ``(i) any State or Federal health, sickness, income-
     disability, accident, or workers' compensation law;
       ``(ii) any health, sickness, income-disability, or accident 
     insurance that provides health benefits or income-disability 
     coverage;
       ``(iii) any contract or agreement of any group, 
     organization, partnership, or corporation to provide, pay 
     for, or reimburse the cost of medical, hospital, dental, or 
     income disability benefits; or
       ``(iv) any other publicly or privately funded program.
       ``(8) Noneconomic damages.--In an action under subsection 
     (d), any noneconomic damages may be awarded only in an amount 
     directly proportional to the percentage of responsibility of 
     a defendant for the harm to the plaintiff. For purposes of 
     this paragraph, the term `noneconomic damages' means damages 
     for losses for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium, hedonic damages, injury to 
     reputation, and any other nonpecuniary losses.
       ``(9) Rule 11 sanctions.--Whenever a district court of the 
     United States determines that there has been a violation of 
     Rule 11 of the Federal Rules of Civil Procedure in an action 
     under subsection (d), the court shall impose upon the 
     attorney, law firm, or parties that have violated Rule 11 or 
     are responsible for the violation, an appropriate sanction, 
     which may include an order to pay the other party or parties 
     for the reasonable expenses incurred as a direct result of 
     the filing of the pleading, motion, or other paper that is 
     the subject of the violation, including a reasonable 
     attorney's fee. Such sanction shall be sufficient to deter 
     repetition of such conduct or comparable conduct by others 
     similarly situated, and to compensate the party or parties 
     injured by such conduct.
       ``(10) Interlocutory appeal.--The United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     jurisdiction of an interlocutory appeal by a covered person 
     taken within 30 days of an order denying a motion to dismiss 
     or a motion for summary judgment based on an assertion of the 
     immunity from suit conferred by subsection (a) or based on an 
     assertion of the exclusion under subsection (c)(5).
       ``(f) Actions by and Against the United States.--Nothing in 
     this section shall be construed to abrogate or limit any 
     right, remedy, or authority that the United States or any 
     agency thereof may possess under any other provision of law 
     or to waive sovereign immunity or to abrogate or limit any 
     defense or protection available to the United States or its 
     agencies, instrumentalities, officers, or employees under any 
     other law, including any provision of chapter 171 of title 
     28, United States Code (relating to tort claims procedure).
       ``(g) Severability.--If any provision of this section, or 
     the application of such provision to any person or 
     circumstance, is held to be unconstitutional, the remainder 
     of this section and the application of such remainder to any 
     person or circumstance shall not be affected thereby.
       ``(h) Rule of Construction Concerning National Vaccine 
     Injury Compensation Program.--Nothing in this section, or any 
     amendment made by the Public Readiness and Emergency 
     Preparedness Act, shall be construed to affect the National 
     Vaccine Injury Compensation Program under title XXI of this 
     Act.
       ``(i) Definitions.--In this section:
       ``(1) Covered countermeasure.--The term `covered 
     countermeasure' means--
       ``(A) a qualified pandemic or epidemic product (as defined 
     in paragraph (7));
       ``(B) a security countermeasure (as defined in section 
     319F-2(c)(1)(B)); or
       ``(C) a drug (as such term is defined in section 201(g)(1) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321(g)(1)), biological product (as such term is defined by 
     section 351(i) of this Act), or device (as such term is 
     defined by section 201(h) of the Federal Food, Drug and 
     Cosmetic Act (21 U.S.C. 321(h)) that is authorized for 
     emergency use in accordance with section 564 of the Federal 
     Food, Drug, and Cosmetic Act.
       ``(2) Covered person.--The term `covered person', when used 
     with respect to the administration or use of a covered 
     countermeasure, means--
       ``(A) the United States; or
       ``(B) a person or entity that is--
       ``(i) a manufacturer of such countermeasure;
       ``(ii) a distributor of such countermeasure;
       ``(iii) a program planner of such countermeasure;
       ``(iv) a qualified person who prescribed, administered, or 
     dispensed such countermeasure; or
       ``(v) an official, agent, or employee of a person or entity 
     described in clause (i), (ii), (iii), or (iv).
       ``(3) Distributor.--The term `distributor' means a person 
     or entity engaged in the distribution of drugs, biologics, or 
     devices, including but not limited to manufacturers; 
     repackers; common carriers; contract carriers; air carriers; 
     own-label distributors; private-label distributors; jobbers; 
     brokers; warehouses, and wholesale drug warehouses; 
     independent wholesale drug traders; and retail pharmacies.
       ``(4) Manufacturer.--The term `manufacturer' includes--
       ``(A) a contractor or subcontractor of a manufacturer;
       ``(B) a supplier or licenser of any product, intellectual 
     property, service, research tool, or component or other 
     article used in the design, development, clinical testing, 
     investigation, or manufacturing of a covered countermeasure; 
     and
       ``(C) any or all of the parents, subsidiaries, affiliates, 
     successors, and assigns of a manufacturer.
       ``(5) Person.--The term `person' includes an individual, 
     partnership, corporation, association, entity, or public or 
     private corporation, including a Federal, State, or local 
     government agency or department.
       ``(6) Program planner.--The term `program planner' means a 
     State or local government, including an Indian tribe, a 
     person employed by the State or local government, or other 
     person who supervised or administered a program with respect 
     to the administration, dispensing, distribution, provision, 
     or use of a security countermeasure or a qualified pandemic 
     or epidemic product, including a person who has established 
     requirements, provided policy guidance, or supplied technical 
     or scientific advice or assistance or provides a facility to 
     administer or use a covered countermeasure in accordance with 
     a declaration under subsection (b).
       ``(7) Qualified pandemic or epidemic product.--The term 
     `qualified pandemic or epidemic product' means a drug (as 
     such term is defined in section 201(g)(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)), 
     biological product (as such term is defined by section 351(i) 
     of this Act), or device (as such term is defined by section 
     201(h) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 
     321(h)) that is--
       ``(A)(i) a product manufactured, used, designed, developed, 
     modified, licensed, or procured--
       ``(I) to diagnose, mitigate, prevent, treat, or cure a 
     pandemic or epidemic; or
       ``(II) to limit the harm such pandemic or epidemic might 
     otherwise cause; or
       ``(ii) a product manufactured, used, designed, developed, 
     modified, licensed, or procured to diagnose, mitigate, 
     prevent, treat, or cure a serious or life-threatening disease 
     or condition caused by a product described in clause (i); and
       ``(B)(i) approved or cleared under chapter V of the Federal 
     Food, Drug, and Cosmetic Act or licensed under section 351 of 
     this Act;
       ``(ii) the object of research for possible use as described 
     by subparagraph (A) and is the subject of an exemption under 
     section 505(i) or 520(g) of the Federal Food, Drug, and 
     Cosmetic Act; or
       ``(iii) authorized for emergency use in accordance with 
     section 564 of the Federal Food, Drug, and Cosmetic Act.
       ``(8) Qualified person.--The term `qualified person', when 
     used with respect to the administration or use of a covered 
     countermeasure, means--
       ``(A) a licensed health professional or other individual 
     who is authorized to prescribe, administer, or dispense such 
     countermeasures under the law of the State in which the 
     countermeasure was prescribed, administered, or dispensed; or
       ``(B) a person within a category of persons so identified 
     in a declaration by the Secretary under subsection (b).

[[Page 29494]]

       ``(9) Security countermeasure.--The term `security 
     countermeasure' has the meaning given such term in section 
     319F-2(c)(1)(B).
       ``(10) Serious physical injury.--The term `serious physical 
     injury' means an injury that--
       ``(A) is life threatening;
       ``(B) results in permanent impairment of a body function or 
     permanent damage to a body structure; or
       ``(C) necessitates medical or surgical intervention to 
     preclude permanent impairment of a body function or permanent 
     damage to a body structure.''.

     SEC. 3. COVERED COUNTERMEASURE PROCESS.

       Part B of title III of the Public Health Service Act is 
     further amended by inserting after section 319F-3 (as added 
     by section 2) the following new section:

     ``SEC. 319F-4. COVERED COUNTERMEASURE PROCESS.

       ``(a) Establishment of Fund.--Upon the issuance by the 
     Secretary of a declaration under section 319F-3(b), there is 
     hereby established in the Treasury an emergency fund 
     designated as the `Covered Countermeasure Process Fund' for 
     purposes of providing timely, uniform, and adequate 
     compensation to eligible individuals for covered injuries 
     directly caused by the administration or use of a covered 
     countermeasure pursuant to such declaration, which Fund shall 
     consist of such amounts as emergency appropriations under 
     section 402 of H. Con. Res. 95 of the 109th Congress, this 
     emergency designation shall remain in effect through October 
     1, 2006.
       ``(b) Payment of Compensation.--
       ``(1) In general.--If the Secretary issues a declaration 
     under 319F-3(b), the Secretary shall, after amounts have by 
     law been provided for the Fund under subsection (a), provide 
     compensation to an eligible individual for a covered injury 
     directly caused by the administration or use of a covered 
     countermeasure pursuant to such declaration.
       ``(2) Elements of compensation.--The compensation that 
     shall be provided pursuant to paragraph (1) shall have the 
     same elements, and be in the same amount, as is prescribed by 
     sections 264, 265, and 266 in the case of certain individuals 
     injured as a result of administration of certain 
     countermeasures against smallpox, except that section 
     266(a)(2)(B) shall not apply.
       ``(3) Rule of construction.--Neither reasonable and 
     necessary medical benefits nor lifetime total benefits for 
     lost employment income due to permanent and total disability 
     shall be limited by section 266.
       ``(4) Determination of eligibility and compensation.--
     Except as provided in this section, the procedures for 
     determining, and for reviewing a determination of, whether an 
     individual is an eligible individual, whether such individual 
     has sustained a covered injury, whether compensation may be 
     available under this section, and the amount of such 
     compensation shall be those stated in section 262 (other than 
     in subsection (d)(2) of such section), in regulations issued 
     pursuant to that section, and in such additional or alternate 
     regulations as the Secretary may promulgate for purposes of 
     this section. In making determinations under this section, 
     other than those described in paragraph (5)(A) as to the 
     direct causation of a covered injury, the Secretary may only 
     make such determination based on compelling, reliable, valid, 
     medical, and scientific evidence.
       ``(5) Covered countermeasure injury table.--
       ``(A) In general.--The Secretary shall by regulation 
     establish a table identifying covered injuries that shall be 
     presumed to be directly caused by the administration or use 
     of a covered countermeasure and the time period in which the 
     first symptom or manifestation of onset of each such adverse 
     effect must manifest in order for such presumption to apply. 
     The Secretary may only identify such covered injuries, for 
     purpose of inclusion on the table, where the Secretary 
     determines, based on compelling, reliable, valid, medical, 
     and scientific evidence that administration or use of the 
     covered countermeasure directly caused such covered injury.
       ``(B) Amendments.--The provisions of section 263 (other 
     than a provision of subsection (a)(2) of such section that 
     relates to accidental vaccinia inoculation) shall apply to 
     the table established under this section.
       ``(C) Judicial review.--No court of the United States, or 
     of any State, shall have subject matter jurisdiction to 
     review, whether by mandamus or otherwise, any action by the 
     Secretary under this paragraph.
       ``(6) Meanings of terms.--In applying sections 262, 263, 
     264, 265, and 266 for purposes of this section--
       ``(A) the terms `vaccine' and `smallpox vaccine' shall be 
     deemed to mean a covered countermeasure;
       ``(B) the terms `smallpox vaccine injury table' and `table 
     established under section 263' shall be deemed to refer to 
     the table established under paragraph (4); and
       ``(C) other terms used in those sections shall have the 
     meanings given to such terms by this section.
       ``(c) Voluntary Program.--The Secretary shall ensure that a 
     State, local, or Department of Health and Human Services plan 
     to administer or use a covered countermeasure is consistent 
     with any declaration under 319F-3 and any applicable 
     guidelines of the Centers for Disease Control and Prevention 
     and that potential participants are educated with respect to 
     contraindications, the voluntary nature of the program, and 
     the availability of potential benefits and compensation under 
     this part.
       ``(d) Exhaustion; Exclusivity; Election.--
       ``(1) Exhaustion.--Subject to paragraph (5), a covered 
     individual may not bring a civil action under section 319F-
     3(d) against a covered person (as such term is defined in 
     section 319F-3(i)(2)) unless such individual has exhausted 
     such remedies as are available under subsection (a), except 
     that if amounts have not by law been provided for the Fund 
     under subsection (a), or if the Secretary fails to make a 
     final determination on a request for benefits or compensation 
     filed in accordance with the requirements of this section 
     within 240 days after such request was filed, the individual 
     may seek any remedy that may be available under section 319F-
     3(d).
       ``(2) Tolling of statute of limitations.--The time limit 
     for filing a civil action under section 319F-3(d) for an 
     injury or death shall be tolled during the pendency of a 
     claim for compensation under subsection (a).
       ``(3) Rule of construction.--This section shall not be 
     construed as superseding or otherwise affecting the 
     application of a requirement, under chapter 171 of title 28, 
     United States Code, to exhaust administrative remedies.
       ``(4) Exclusivity.--The remedy provided by subsection (a) 
     shall be exclusive of any other civil action or proceeding 
     for any claim or suit this section encompasses, except for a 
     proceeding under section 319F-3.
       ``(5) Election.--If under subsection (a) the Secretary 
     determines that a covered individual qualifies for 
     compensation, the individual has an election to accept the 
     compensation or to bring an action under section 319F-3(d). 
     If such individual elects to accept the compensation, the 
     individual may not bring such an action.
       ``(e) Definitions.--For purposes of this section, the 
     following terms shall have the following meanings:
       ``(1) Covered countermeasure.--The term `covered 
     countermeasure' has the meaning given such term in section 
     319F-3.
       ``(2) Covered individual.--The term `covered individual', 
     with respect to administration or use of a covered 
     countermeasure pursuant to a declaration, means an 
     individual--
       ``(A) who is in a population specified in such declaration, 
     and with respect to whom the administration or use of the 
     covered countermeasure satisfies the other specifications of 
     such declaration; or
       ``(B) who uses the covered countermeasure, or to whom the 
     covered countermeasure is administered, in a good faith 
     belief that the individual is in the category described by 
     subparagraph (A).
       ``(3) Covered injury.--The term `covered injury' means 
     serious physical injury or death.
       ``(4) Declaration.--The term `declaration' means a 
     declaration under section 319F-3(b).
       ``(5) Eligible individual.--The term `eligible individual' 
     means an individual who is determined, in accordance with 
     subsection (b), to be a covered individual who sustains a 
     covered injury.''.
       This Act may be cited as the ``Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006''.
       And the Senate agree to the same.
     Bill Young,
     David Hobson,
     Henry Bonilla,
     R. P. Frelinghuysen,
     Todd Tiahrt,
     Roger F. Wicker,
     Jack Kingston,
     Kay Granger,
     James T. Walsh,
     Robert B. Aderholt,
     Jerry Lewis,
     John P. Murtha,
     Norman D. Dicks
       (Except for Division C as to ANWR),
     Martin Olav Sabo
       (Except for 1% cut in Division B and Division C),
     Peter J. Visclosky
       (Except for Division C and Division B as to 1% cut and 
     avian flu section),
     James P. Moran
       (Except for Division B and Division C as to 1% cut, avian 
     flu and ANWR provision),
     Marcy Kaptur
       (Except for ANWR provision and Division B and Division C as 
     to 1% cuts and avian flu),
     Chet Edwards
       (Except for 1% cut),
     David R. Obey
       (Except for Division C, Division B as to 1% cut and avian 
     flu),
                                Managers on the Part of the House.

     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Pete V. Domenici,
     Kit Bond,
     Mitch McConnell,
     Richard C. Shelby,
     Judd Gregg,
     Kay Bailey Hutchison,
     Conrad Burns,
     Daniel K. Inouye,
     Robert C. Byrd
       (Except ANWR and across the board cut

[[Page 29495]]

     and avian flu vaccine liability and compensation provisions),
     Byron L. Dorgan
       (Except on ANWR and 1% cut and avian flu vaccine liability 
     and compensation provisions),
     Dianne Feinstein
       (Except ANWR and 1% cut and avian flu vaccine liability and 
     compensation provisions),
     Barbara A. Mikulski
       (Except ANWR and 1% ATB cut and avian flu vaccine liability 
     and compensation provisions),
                               Managers on the Part of the Senate.

                      JOINT EXPLANATORY STATEMENT

                               DIVISION A

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2863), making 
     appropriations for the Department of Defense for the fiscal 
     year ending September 30, 2006, and for other purposes, 
     submit the following joint statement to the House and the 
     Senate in explanation of the effect of the action agreed upon 
     by the managers and recommended in the accompanying 
     conference report.
       The conference agreement on the Department of Defense 
     Appropriations Act, 2006, incorporates some of the provisions 
     of the House and Senate versions of the bill as well as some 
     matters under the jurisdiction of the Subcommittee on 
     Military Quality of Life and Veterans Affairs, and Related 
     Agencies of the House Committee on Appropriations that were 
     addressed in the House in H.R. 2528. The language and 
     allocations set forth in House Report 109-119 and Senate 
     Report 109-141, and the relevant language and allocations set 
     forth in House Report 109-95, should be complied with unless 
     specifically addressed in the accompanying conference report 
     and statement of managers to the contrary.
       The Senate amendment deleted the entire House bill after 
     the enacting clause and inserted new language. The conference 
     agreement includes revised language.

              Definition of Program Project, and Activity

       The conferees agree that for the purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177) as amended by the Balanced Budget and Emergency 
     Deficit Control Reaffirmation Act of 1987 (Public Law 100-
     119) and by the Budget Enforcement Act of 1990 (Public Law 
     101-508), the term program, project, and activity for 
     appropriations contained in this Act shall be defined as the 
     most specific level of budget items identified in the 
     Department of Defense Appropriations Act, 2006, the 
     accompanying House and Senate Committee reports, the 
     conference report and accompanying joint explanatory 
     statement of the managers of the Committee of Conference, the 
     related classified annexes and reports, and the P-1 and R-1 
     budget justification documents as subsequently modified by 
     Congressional action. The following exception to the above 
     definition shall apply: for the Military Personnel and the 
     Operation and Maintenance accounts, the term ``program, 
     project, and activity'' is defined as the appropriations 
     accounts contained in the Department of Defense 
     Appropriations Act.
       At the time the President submits his budget for fiscal 
     year 2007, the conferees direct the Department of Defense to 
     transmit to the congressional defense committees budget 
     justification documents to be known as the ``M-1'' and ``O-
     1'' which shall identify, at the budget activity, activity 
     group, and subactivity group level, the amounts requested by 
     the President to be appropriated to the Department of Defense 
     for military personnel and operation and maintenance in any 
     budget request, or amended budget request, for fiscal year 
     2007.

                            Classified Annex

       Adjustments to classified programs are addressed in the 
     classified annex accompanying this report.

[[Page 29496]]

     TH19DE05.001
     


[[Page 29497]]

  Reprogramming and Reporting Guidance for Basic Allowance for Housing

       The conferees direct the Department of Defense to provide 
     budget execution data for Basic Allowance for Housing funding 
     to the Subcommittee on Military Quality of Life and Veterans 
     Affairs, and Related Agencies and the Subcommittee on Defense 
     of the Committee on Appropriations of the House of 
     Representatives and the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate. Such budget 
     execution data shall be provided through the DD-COMP(M) 1002 
     accounting form and delivered no later than forty-five days 
     past the close of each quarter for the fiscal year. The 
     Reserve Component accounts do not provide budget line item 
     data for Basic Allowance for Housing; therefore, the 
     Department is directed to provide comparable DD-COMP(M) 1002 
     detail when submitting quarterly execution data.
       The conferees further direct the Department to distinctly 
     identify Basic Allowance for Housing funding on all prior 
     approval reprogramming requests (Form 1415) submitted to the 
     Congress. All prior approval reprogramming requests affecting 
     Basic Allowance for Housing funding should be submitted to 
     the Subcommittee on Military Quality of Life and Veterans 
     Affairs, and Related Agencies and Subcommittee on Defense of 
     the Committee on Appropriations of the House of 
     Representatives and the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate.

                          Composite Pay Rates

       For a number of years, the Government Accountability Office 
     (GAO) has used the Department of Defense's draft composite 
     pay rates in its military personnel strength analysis to 
     estimate the financial impact of work year variances on the 
     Services' military personnel budget requests. Although this 
     information has been important to the congressional defense 
     committees in their budget analysis, the conferees believe 
     that GAO's estimates would be more accurate if their 
     estimates used the Services' DoD approved composite rates. 
     Therefore, the conferees believe that DoD should review, 
     approve, and publish the Services' budget year composite pay 
     rates not later than 60 days after the President's budget 
     request is submitted to the Congress.

                           Active End Strength
                           [Fiscal year 2006]
------------------------------------------------------------------------
                                                             Conference
                                   Budget      Conference    vs. Budget
------------------------------------------------------------------------
Army..........................       482,400       482,400            --
Navy..........................       352,700       352,700            --
Marine Corps..................       175,000       175,000            --
Air Force.....................       357,400       357,400            --
                               -----------------------------------------
    Total, Active Personnel...     1,367,500     1,367,500            --
------------------------------------------------------------------------


[[Page 29498]]

TH19DE05.002


[[Page 29499]]

TH19DE05.003


[[Page 29500]]

                    Adjustments to Budget Activities

       Adjustment to the budget activities is as follows:

                       [In thousands of dollars]

Undistributed:
  3200 Unobligated Balances....................................-209,400
  

[[Page 29501]]

    TH19DE05.004
    


[[Page 29502]]

    TH19DE05.005
    


[[Page 29503]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Undistributed:
  9550 Unobligated Balances....................................-192,000
  9630 Navy Force Shaping Tools.................................-52,000
    

[[Page 29504]]

TH19DE05.006



[[Page 29505]]

TH19DE05.007



[[Page 29506]]

                    Adjustments to Budget Activities

       Adjustment to the budget activities is as follows:

                       [In thousands of dollars]

Undistributed:
  14315 Unobligated Balances....................................-56,100
  

[[Page 29507]]

    TH19DE05.008
    


[[Page 29508]]

    TH19DE05.009
    


[[Page 29509]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Undistributed:
  19620 Unobligated Balances...................................-297,900
  19625 B-52 Attrition Reserve....................................2,800

                   NATIONAL GUARD AND RESERVE FORCES

       The conferees agree to provide $13,848,941,000 in Reserve 
     personnel appropriations, and $15,112,612,000 in Reserve 
     operation and maintenance appropriations. These funds support 
     a Selected Reserve end strength of 848,500 as shown below.

                      SELECTED RESERVE END STRENGTH
                           [Fiscal Year 2006]
------------------------------------------------------------------------
                                                             Conference
                                   Budget      Conference    vs. Budget
------------------------------------------------------------------------
Selected Reserve:
Army Reserve..................       205,000       205,000            --
Navy Reserve..................        73,100        73,100            --
Marine Corps Reserve..........        39,600        39,600            --
Air Force Reserve.............        74,000        74,000            --
Army National Guard...........       350,000       350,000            --
Air National Guard............       106,800       106,800            --
                               -----------------------------------------
    Total.....................       848,500       848,500            --
AGR/TARS:
Army Reserve..................        15,270        15,270            --
Navy Reserve..................        13,392        13,392            --
Marine Corps Reserve..........         2,261         2,261            --
Air Force Reserve.............         2,290         2,290            --
Army National Guard...........        27,345        27,396           +51
Air National Guard............        13,089        13,123           +34
                               -----------------------------------------
    Total.....................        73,647        73,732           +85
Technicians:
Army Reserve..................         8,344         8,344            --
Air Force Reserve.............         9,942         9,942            --
Army National Guard...........        27,163        27,163            --
Air National Guard............        23,321        23,321            --
                               -----------------------------------------
    Total.....................        68,770        68,770            --
------------------------------------------------------------------------

               Reserve Components Budget Structure Change

       The conferees agree to a one year test of a consolidated 
     budget structure for the Reserve components' military 
     personnel appropriations. This test will evaluate the budget 
     structure presented in the President's budget request 
     reflecting a single budget activity for execution purposes in 
     fiscal year 2006. The test will conclude with the closure of 
     fiscal year 2006. The conferees direct the Department of 
     Defense to submit its fiscal year 2007 budget request using 
     the two budget activity structure, and the final structure 
     will be addressed in the fiscal year 2007 defense 
     appropriations act. The conferees understand the reasoning 
     behind the Department of Defense's request to provide 
     additional financial management flexibility for the Reserve 
     components to execute their respective appropriations. Given 
     this, the congressional defense committees still require 
     visibility over the movement of funds within the accounts of 
     the Services' appropriations. Therefore, the conferees direct 
     the Department of Defense to provide a semi-annual report to 
     the congressional defense committees showing transfers within 
     the Reserve component military personnel appropriations. The 
     report format will provide separate explanations for all 
     transfers in and out of each appropriation line item that 
     equal, exceed, or cumulate to $5,000,000. Reports will be due 
     30 days following the end of the second quarter and the 
     fiscal year. The conferees expect the Department of Defense 
     to work with the congressional defense committees on the 
     details of the report format.

[[Page 29510]]

     TH19DE05.010
     


[[Page 29511]]

                    Adjustments to Budget Activities

Adjustments to the budget activities are as follows:
                       [In thousands of dollars]

Undistributed:
  23800 Unobligated Balances.....................................19,800
  23810 Reserves Cost Avoidance..................................56,800
    

[[Page 29512]]

TH19DE05.011



[[Page 29513]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Undistributed:
  25300 Unobligated Balances....................................-52,300
  25370 Reserves Cost Avoidance.................................-36,000
    

[[Page 29514]]

TH19DE05.012



[[Page 29515]]

    

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Undistributed:
  26600 Unobligated Balances.....................................-1,600
  26650 Reserves Cost Avoidance..................................-6,600
    

[[Page 29516]]

TH19DE05.013



[[Page 29517]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Undistributed:
  27900 Unobligated Balances....................................-18,200
  27910 Reserves Cost Avoidance..................................-4,700
  27930 932nd Airlift Wing Personnel..............................4,700
    

[[Page 29518]]

TH19DE05.014



[[Page 29519]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Undistributed:
  29350 Unobligated Balances....................................-11,600
  29410 Reserves Cost Avoidance................................-200,000
  29435 Lewis and Clark Bicentennial Activities...................1,600

           Lewis and Clark Bicentennial Commemoration Support

       Funds designated for the Lewis and Clark Bicentennial 
     Commemoration in the National Guard Personnel, Army and the 
     Operation and Maintenance, Army National Guard appropriations 
     are to provide ceremonial, educational, safety, security, and 
     logistics support to include support for up to ten students 
     from each state and territory selected to participate in the 
     Youth Rendezvous.

[[Page 29520]]

     TH19DE05.015
     


[[Page 29521]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Reserve Component Training and Support:
  29650 Pay Group A Training/166th Information Operations Squadron..100
  29830 Administration and Support/166th Information Operations 
    Squadron......................................................1,100
Undistributed:
  30550 Unobligated Balances....................................-13,500
  30600 Reserves Cost Avoidance.................................-20,000
    

[[Page 29522]]

TH19DE05.016



[[Page 29523]]

              Response of Federal Government to Disasters

       The conferees direct the Director of the Office of 
     Management and Budget, in coordination with the Secretary of 
     Defense and the Secretary of Homeland Security, to conduct a 
     study on improving the response of the Department of Defense 
     and other Federal Government agencies to disasters. In 
     conducting the study the Director should consider mechanisms 
     for coordinating and expediting disaster preparation and 
     response efforts; examine the role of the Department of 
     Defense for participating in disaster response, including 
     planning, logistics, relief and reconstruction assistance; 
     and assess the role of the United States Geological Survey in 
     enhancing disaster preparation measures. The Director shall 
     submit a report on the study to Congress by May 1, 2006. The 
     findings should include recommendations for improving the 
     response of the Department of Defense and other Federal 
     Government agencies to disasters and identify any legislation 
     or regulations that the Director determines necessary to 
     implement such recommendations.

Reimbursement for Protective, Safety, and Health Equipment for Members 
                          of the Armed Forces

       The Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 authorized the Department of Defense to 
     reimburse members of the Armed Forces for the cost of 
     purchasing protective, safety, or health equipment for use in 
     Operation Noble Eagle, Operation Enduring Freedom, and 
     Operation Iraqi Freedom. In order to more adequately address 
     this situation, the conference agreement amends Section 351 
     of that Act to extend this authority until April 1, 2006.
       In addition, the conferees are concerned that certain types 
     of equipment are not included in the guidance issued by the 
     Department of Defense on October 4, 2005. Therefore, the 
     conferees direct the Department to revise the guidance to 
     include summer gloves, knee pads and elbow pads, deltoid and 
     auxiliary protectors, and side plate body armor. The 
     conferees further direct the Military Departments to 
     implement guidance for submitting and processing these claims 
     not later than January 31, 2006.

                        Ground Source Heat Pumps

       The conferees direct the Secretary of Defense to submit a 
     report to the congressional defense committees by July 1, 
     2006 on the use of ground source heat pumps at Department of 
     Defense facilities. The report should include a description 
     of the types of facilities that use ground source heat pumps, 
     an assessment of the applicability and cost effectiveness of 
     using ground source heat pumps in different geographic 
     regions of the United States, and an assessment of the 
     applicability to use ground source heat pumps for new 
     construction and retrofitting Department of Defense 
     facilities.

                    Military to Civilian Conversions

        The conferees recognize the Military to Civilian 
     Conversion program as an important tool to alleviate stress 
     on the force by replacing uniformed service members in non-
     military essential positions with federal civilian or 
     contractor personnel. However, the conferees are concerned 
     that budget justification materials do not adequately 
     describe the Department's Military to Civilian Conversion 
     program and that the Department lacks a clear methodology for 
     developing its budget estimates. Therefore, the conferees 
     have reduced the Military Services' budget request for 
     Military to Civilian Conversions by $282,000,000 due to poor 
     budget justification. These reductions should not be 
     interpreted to limit the number of conversions completed in 
     fiscal year 2006 if sufficient resources are available. The 
     conferees direct the Department to include comprehensive data 
     on the Military to Civilian Conversion Program in future 
     budget justification materials. The budget materials should 
     include: the number of conversions completed in the two 
     fiscal years prior to the budget request year, the mix of 
     positions filled by civilian contractors or government 
     employees, the number of conversions expected to occur in the 
     budget year, the mix of civilian contractors and government 
     employees expected to be hired, and a detailed explanation of 
     the cost estimates used in developing the budget request.

   Reprogramming and Reporting Guidance for Facilities Sustainment, 
                     Restoration and Modernization

       The conferees direct the Department of Defense to provide 
     budget execution data for Facilities Sustainment, Restoration 
     and Modernization funding to the Subcommittee on Military 
     Quality of Life and Veterans Affairs, and Related Agencies 
     and the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate. Such budget execution data shall be provided 
     through the DD-COMP(M) 1002 accounting form and delivered no 
     later than forty-five days past the close of each quarter for 
     the fiscal year. The Operation and Maintenance, Defense-Wide 
     account does not provide budget line item data for Facilities 
     Sustainment, Restoration and Modernization: therefore, the 
     Department is directed to provide comparable DD-COMP(M) 1002 
     detail when submitting quarterly execution data.
        The conferees further direct the Department to distinctly 
     identify Facilities Sustainment, Restoration and 
     Modernization funding on all prior approval reprogramming 
     requests (Form 1415) submitted to the Congress. All prior 
     approval reprogramming requests affecting the Facilities 
     Sustainment, Restoration and Modernization funding should be 
     submitted to the Subcommittee on Military Quality of Life and 
     Veterans Affairs, and Related Agencies and the Subcommittee 
     on Defense of the Committee on Appropriations of the House of 
     Representatives and the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate.

[[Page 29524]]

     TH19DE05.017
     


[[Page 29525]]

     TH19DE05.018
     


[[Page 29526]]

     TH19DE05.019
     


[[Page 29527]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces
  250 Leakproof Transmission Drip Pans............................2,620
  250 Modular General Purpose Tent System (MGPTS).................2,620
  250 Lightweight Maintenance Enclosure.............................500
  250 Small All-Terrain Military Utility Vehicle (M-Gator)...(title IX)
  300 Tactical Operations Centers (ELAMS/MECCS) for USASOC........3,400
  400 RFI Sustainment Peace Time Offset........................-103,000
  450 Efficiencies in Administrative and Support Activities......-5,000
  450 Contractor Logistics Support Unjustified Growth............-7,000
  450 USARPAC Core Warfighting C4 Network Infrastructure.........11,480
  550 Unjustified Growth in Operations Support Costs............-20,000
  550 Cognitive Air Defense Simulators (CADS).....................1,500
  550 Fleece Insulated Liners for ECWCS...........................4,000
  550 Grenade Range Improvements at Fort Knox.....................1,000
  550 Rx-Capable Dual Sized Ballistic Protective Eyewear Protection 
    System........................................................4,200
  550 Battle Command Training Capability..........................3,900
  550 USARPAC Deployable C4 Systems...............................1,700
  550 Chem/Bio Resistant Hydration on the Move (from line 250)....1,000
  600 Peace Time Systems Readiness Support Offset...............-83,000
  600 Corrosion Prevention and Control Program....................1,000
  600 Golden Hour Technology Containers...........................5,000
  600 Alaska Land Mobile Radio (ALMR).............................3,400
  600 Ground Forces Readiness Enabler for Advanced Tactical Vehicl1,000
  600 USARPAC GCCS Operations.....................................1,190
  650 Remanufactured Generator Engines............................1,000
  650 Depot Maintenance Peace Time Work Load Adjustment........-344,800
  750 Unsupported Growth in Utilities Privatization.............-15,000
  750 High Performance Conflict Resolution, Skill Development, and Team 
    Building......................................................1,700
  750 Service-Wide Safety: Breathscan Alcohol Detectors...........3,400
  750 Strengthening the Quality of Life for Military Families.......650
  750 Army Conservation and Ecosystem Management..................4,000
  750 Fort Wainwright Utilidor Repairs............................8,500
  750 Lewis Educational Area at Fort Lewis, WA......................400
  800 Undistributed Increase for SRM.............................20,000
  800 Roof for Building 299 Rock Island Arsenal...................5,600
  850 Unjustified Growth in Management Headquarters..............-5,000
  950 Streamlined Assistance to the Severely Wounded..............1,000
Budget Activity 2: Mobilization
  1200 Quadruple Specialty Containers.............................3,000
  1300 Rock Island Arsenal Industrial Mobilization Capacity.......7,000
Budget Activity 3: Training and Recruiting
  1500 Unjustified Growth in Library Cost (From line 2850).......-5,000
  1650 Early Commissioning Program at Military Junior Colleges....1,200
  1650 Air Battle Captain.........................................2,000
  1850 Global Language Online Support System (GLOSS)..............1,680
  1850 On-Line Automated Diagnostic Assessment of Language Profici1,000
  1850 DLI--Language Laboratory Acquisition.......................2,125
  1850 Military Police Training at the Multi-Jurisdictional Counter-
    Drug Task Force Training (MCTFT)..............................1,000
  1850 Virtual Interactive Training and Assessment System (VITAS).1,700
  1850 Joint Air Defender Simulation at Fort Bliss................2,100
  1850 Language Acquisition Program for Army Officers...............150
  1850 Military Surgeon Training Initiative for Special Operations 
    Combat Medic Training Program.................................2,000
  1850 Multipurpose Law Enforcement Academy for Military Police...1,000
  1850 Satellite Communications for Learning......................2,100
  1950 Leadership for Leaders at CGSC/CAL and KSU.................1,000
  2000 Training Doctrine Development Unsupported Growth.........-11,300
  2000 Automated Delivery of the DLAB and Research on the Next 
    Generation Aptitude Test......................................1,000
  2000 Live Training Instrumentation for Air & Missile Defense Uni2,100
  2000 Crossroad Cluster Communities at Fort Knox.................1,000
  2000 Army Distributed Learning System...........................1,000
  2300 Mobilizing Educational Technology to Support Combat Deploym1,000
  2300 USARAK Online Technology Training Program..................1,000
  2300 On-line Technology Training Program at Joint Base Lewis/Mc.1,400
  2350 Intern Program Unsupported Growth........................-32,000
  2400 Philadelphia Military Academies..............................100
Budget Activity 4: Administration and Service-Wide Activities
  2650 Adjustment to Classified Program..........................22,090
  2650 Unattended Ground Sensors..................................1,400
  2650 Biometrics Identity System for Access........................750
  2750 Peace time offset for Depot Maintenance Transportation, Port 
    Operations, and Traffic Management Support..................-68,000
  2800 Sustainment System Technical Support Peace Time Offset..-116,000
  2800 Pulse Technology--Army Battery Management Program..........2,520
  2800 Advanced Technology Batteries..............................1,750
  2800 Aviation/Missile Life Cycle Management Command Integrated 
    Digital Environment Pilot Program.............................1,000
  2850 Common Logistics Operating Environment.....................1,800
  2850 Sense and Respond Logistics................................1,200
  2850 TACOM Life Cycle Management Command Integrated Digital 
    Environment Pilot Program.....................................1,000
  2850 Joint US Army and USMC Autonomic Logistics Prototype.......1,000
  2850 Controlled Humidity Preservation Program, Soft Portable Tun1,000
  2850 Information Assurance Vulnerability Alert (IAVA) Cell......1,500
  2850 Standard Army Maintenance System-Enhanced..................5,000
  3000 Jam Resistant Secure Communications (Transfer to OPA)....-16,500
  3000 Salute Our Services/Kids Serve 2...........................1,000
  3050 Communications Unsupported Growth........................-11,000
  3200 Memorial Day.................................................900
  3650 Western Hemisphere Information Exchange Program............1,250
Undistributed:
  3715 Working Capital Fund Excess Carryover....................-94,700
  3730 Repairs at Fort Baker......................................2,000
  4100 Administration and Service-Wide Activities................-8,400
  4110 Civilian Pay Overstatement...............................-17,000

[[Page 29528]]

  4130 Military to Civilian Conversions.........................-47,000
  4139 Unobligated Balances.....................................-92,000
  4140 Peace Time Training Offset..............................-250,000
  4145 Audit of DoD Financial Systems...........................-28,000
  4150 Defense Information System Network Costs.................-12,500
  4160 Arctic Winter Games..........................................500

                    Industrial Mobilization Capacity

        The conferees recognize the critical importance of the 
     Industrial Mobilization Capacity program for offsetting costs 
     to maintain wartime capabilities at Department of Defense 
     depots, arsenals, and ammunition plants. The conferees 
     recommend an additional $7,000,000 for this program at Rock 
     Island Arsenal. The amount provided is in addition to 
     $8,962,000 currently budgeted for Industrial Mobilization 
     Capacity at Rock Island Arsenal. The conferees understand the 
     requirement for Industrial Mobilization Capacity funding may 
     decline during fiscal year 2006 due to increased workloads 
     attributable to ongoing contingency operations. The conferees 
     direct that any Industrial Mobilization Capacity funding 
     designated for Rock Island Arsenal that is not required for 
     its intended purpose be used for other activities or projects 
     which will create efficiencies or improve operations and work 
     conditions at the Arsenal.

[[Page 29529]]

     TH19DE05.020
     


[[Page 29530]]

     TH19DE05.021
     


[[Page 29531]]

     TH19DE05.022
     


[[Page 29532]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces
  4560 Knowledge Management and Decision Support System...........3,500
  4560 Automated Explosive Safety Assessment Tools................1,700
  4560 Baseline Adjustment for One-Time Increase.................-6,000
  4600 P-3 SSI Sustainment......................................-16,700
  4600 Depot Maintenance Peace Time Work Load Adjustment........-32,000
  4650 Growth in Converged Enterprise Resource Planning..........-7,500
  4650 Converged Enterprise Resource Planning Transfer to RDTE,N-10,000
  4650 Low Observability Coatings and Materials Maintenance Program 
    (LOCMM).......................................................1,200
  4650 Naval Aviation Depot (NADEP) Support of the FRP............1,200
  4650 Composite Repair Training Program............................250
  4650 CAT & RADCOM Test Program Sets.............................2,975
  4650 NAVAIR Knowledge Management and Decision Support System....3,600
  4650 Baseline Adjustment for One-Time Increase.................-8,300
  4650 Simulation Modeling Analytical Support Systems (SMASS) Naval 
    Aviation Depot Jacksonville...................................1,000
  4850 Man Overboard Safety System Installation...................1,000
  4850 NULKA (MK 234 Electronic Decoy Cartridge)..................1,000
  4850 Baseline Adjustment for One-Time Increase.................-6,200
  4850 SSBN Transit Protection System............................19,200
  5050 Improved Engineering Design Process........................1,050
  5050 Flame Contaminant Detection System.........................1,000
  5050 Baseline Adjustment for One-Time Increase.................-4,300
  5400 Efficiencies in Training Support..........................-5,000
  5450 Center of Excellence for Disaster Management and Humanitarian 
    Assistance (COE)..............................................4,000
  5500 Training Support Unjustified Growth including JFCOM......-15,000
  5550 Manual Reverse Osmosis Desalinator (MROD) Testing, Repair and 
    Replacement.....................................................500
  5600 Electric Start System Technology Upgrade...................2,500
  5600 Marine Gas Turbine Photonic Sensor.........................1,000
  5900 Peace Time System Support Offset.........................-17,800
  5950 Mk 45 Mod 5 Inch Gun Depot Overhauls......................13,000
  5950 Baseline Adjustment for One-Time Increase................-10,500
  6220 Base Operating Support Unjustified Growth................-57,000
  6220 Navy Region Northwest--Navy Shore Infrastructure 
    Transformation (NSIT).........................................2,500
  6220 Waterfree Urinal Conservation Initiative...................1,000
  6220 Toledo Shipyard Improvement Plan...........................4,000
  6220 Service-Wide Safety: Breathscan Alcohol Detectors..........1,920
  6220 Navy Region Northwest Counterterrorism Program.............2,000
  6220 PMRF Flood Control.........................................2,125
  6220 Waste Water Treatment for NCTAMS...........................2,000
  6220 Baseline Adjustment for One-Time Increase................-14,200
Budget Activity 3: Training and Recruiting
  7200 Virtual Interactive Training and Assessment System (VITAS).1,000
  7200 Baseline Adjustment for One-Time Increase..................2,000
  7300 Navy Advanced Education Demonstration Project..............1,000
  7300 Center for Defense Technology and Education for the Military 
    Services (CDTEMS).............................................3,000
  7300 Mobile Distance Learning...................................1,000
  7350 Night Vision Devices in Advanced Helicopter Training.......1,000
  7550 Naval Sea Cadet Corps........................................300
  7700 Westbury Unified School District Naval Junior ROTC Marine 
    Science Research Program......................................1,000
Budget Activity 4: Administration and Service-Wide Activities
  8250 Defense Information System Network Costs.................-15,000
  8550 Stainless Steel Sanitary Space.............................1,050
  8600 Critical Infrastructure Protection Program.................1,000
  8700 Diagnosis and Prognostication of Gas Turbine Problems......1,400
  8750 Total Ship Test Production (TSTP) Program..................1,000
  9000 Local Situational Assessment Segment, NAS Lemoore..........1,000
  9220 Adjustment to Classified Program..........................19,324
Undistributed:
  9550 Administration and Service-wide Activities...............-48,900
  9570 Civilian Pay Overstatement..............................-172,000
  9580 Military to Civilian Conversion..........................-55,000
  9615 Unobligated Balances.....................................-65,000
  9620 Peace Time Training Offset..............................-274,000
  9630 Audit of DoD Financial Systems...........................-30,400

          Reaction Force Facility Berthing, Kings Bay, Georgia

       The conferees urge the Navy to fully fund and execute 
     needed repairs to temporary berthing facilities for Marines 
     on watch standing duty at the Strategic Weapons Facility 
     Atlantic, and expect the Navy to complete the ongoing 
     renovation of Marine permanent barracks in Building 1061.

[[Page 29533]]

     TH19DE05.023
     


[[Page 29534]]

     TH19DE05.024
     


[[Page 29535]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces
  10050 Acclimate High Performance Undergarments..................2,000
  10050 Extended Cold Weather Clothing System.....................1,500
  10050 Modular General Purpose Tent System (MGPTS)...............3,160
  10050 Chem/Bio Resistant Hydration on the Move..................1,000
  10050 All Purpose Environmental Clothing System (APECS).........5,600
  10050 Cold Weather Clothing and Equipment Program Marine Corps 
    Base Layer....................................................2,000
  10050 Combat Casualty Care Equipment Upgrade....................2,000
  10050 Integrated Clothing Component for Mountain Cold Weather 
    Clothing and Equipment Program (MCWCEP).......................2,100
  10050 Marine Advanced Combat Suit Base Layer--Next to Skin 
    Seamless Battle Apparel.......................................1,750
  10050 Marine Corps Contact Glove................................1,800
  10050 MIOX On-the-Move Individual Water Purification System.....4,000
  10050 MCCDC Analysis and Requirements Development Center of 
    Excellence Excess Growth.....................................-8,700
  10100 Unjustified Growth in Administrative Support.............-2,500
  10100 Lightweight Maintenance Enclosure.........................1,250
  10100 Ultra Lightweight Camouflage Net System (ULCANS)..........2,000
  10100 Advanced Technology Batteries.............................1,750
  10100 Corrosion Assessment Teams................................1,400
  10100 Corrosion Prevention and Control Program..................1,000
  10100 Rapid Data Management System (RDMS).......................3,500
  10100 Unjustified Growth in Logistics Support..................-7,000
  10150 Depot Maintenance Peace Time Work Load Adjustment.......-23,000
  10170 Advanced Vapor Corrosion Inhibitor Delivery System........1,050
  10200 Defense Motor Vehicle Safety Demonstration Program........1,000
  10200 MAGTFTC Range Transformation Initiative..................16,150
  10200 Communications Upgrade MBH................................3,400
  10200 Communications Support for NOC............................1,470
Budget Activity 4: Administration and Service-Wide Activities
  11650 Audit of DoD Financial Systems...........................-2,000
  11650 Deployable Disbursing System (Transfer to RDTE,N)........-2,200
  11860 Blunt Island Security.......................................750
Undistributed:
  12060 Military to Civilian Conversions........................-20,000
  12070 Unobligated Balances....................................-10,000
  12080 Peace Time Training Offset..............................-95,900

[[Page 29536]]

TH19DE05.025



[[Page 29537]]

TH19DE05.026



[[Page 29538]]

TH19DE05.027



[[Page 29539]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces
  12600 Maintain 52 F-117 Aircraft................................9,400
  12600 MBU-20/P Oxygen Mask and Visor............................1,250
  12600 B-52 Attrition Reserve...................................25,000
  12600 F-15E Oxygen Concentrator Reliability Improvement Program.4,025
  12600 Baseline Adjustment for One-Time Increase...............-34,900
  12600 Center of Excellence for Defense UAV Education............1,000
  12650 Robust Nuclear Earth Penetrator Support..................-3,500
  12700 Peace Time Training Support Offset......................-85,000
  12750 Efficiencies in Air Operations Training Support.........-41,000
  12750 PARC Range Upgrade for Army/Air Force Integration (Phase 
    III).........................................................17,700
  12755 Distributed Common Ground System (DCGS) Transfer From RDT&5,000
  12755 National Airborne Operations Center.........................700
  12755 Baseline Adjustment for One-Time Increase................-6,300
  12755 Unjustified Growth in Contractor Logistics Support......-18,300
  12775 Aircraft Defect Detection and Performance Management 
    Application...................................................1,000
  12775 F-16 Avionics Intermediate Shop Depot Replacement.........5,400
  12775 Depot Maintenance Peace Time Work Load Adjustment......-152,000
  12810 Undistributed Increase for FSRM..........................15,000
  12810 Building 9480 Renovation (Phase II)......................15,000
  12850 Air Field Lighting System.................................1,200
  12850 Expert Organizational Development System (EXODUS).........2,000
  12850 11th Air Force Range Power and Fiber Upgrades.............6,000
  12850 Desktop Sustainment Architecture, Technology and 
    Interoperability Division at Hickam AFB.......................1,400
  12850 Baseline Adjustment for One-Time Increase...............-17,900
  12850 Base Services Excess Program Growth.....................-80,000
  12850 Eielson Air Force Base Utilidor Repairs...................8,500
  12850 Alaska Land Mobile Radio (ALMR)...........................2,400
  13000 Unsupported Growth in Support Costs.....................-13,500
  13050 Notice to Airman (NOTAMS) Program Upgrade.................1,700
  13050 Baseline Adjustment for One-Time Increase................-2,600
  13100 Enhanced Situational Awareness and Analyses for Geospatial 
    Enterprise Infrastructure.....................................1,700
  12850 Baseline Adjustment for One-Time Increase................-8,500
  13100 C-17 Beddown PACAF........................................2,550
  13100 Contaminant Air Processing System.........................1,000
  13350 Range Sustainment Engineering Excess Funding............-11,900
  13400 Maintenance and Upkeep of Rocket Engine Test Stands at 
    Edwards AFB...................................................2,975
  13600 Mission Critical Power System Reliability Surveys.........1,000
Budget Activity 2: Mobilization
  13850 Emergency Vision Assurance System (EVAS) for the Total For1,000
  13850 C-17 Beddown PACAF.......................................17,850
Budget Activity 3: Training
  14600 Efficiencies in Specialized Skill Training Support Costs-10,500
  14700 Unsupported Growth in Professional Development Education.-5,000
  14750 Engineering Training and Knowledge Preservation System....1,350
  14750 Management Support for Air Force Battle Labs..............5,100
  14750 AFIT Geospatial Distance Learning...........................500
  14750 Competency-Based Distance Education Initiative with Western 
    Governors University..........................................1,000
  14750 Baseline Adjustment for One-Time Increase................-1,000
  14800 Efficiencies in Base Support Contractor Operations.......-5,000
  15050 Unexecutable Growth in Off Duty, Voluntary Education.....-7,000
  15100 Online Technology Training Program Nellis AFB.............1,000
  15100 Online Technology Training Program Mac Dill AFB...........1,700
  15100 Baseline Adjustment for One-Time Increase................-4,000
Budget Activity 4: Administration and Service-Wide Activities
  15350 Center for Parts Configuration Management (CPCM)..........1,400
  15350 Air Operations Combat Support (AOCS)......................1,800
  13350 Hickam AFB Alternative Fuel Vehicle Program...............3,400
  15400 Expand Rapid Retargeting Training and Services at WRALC...2,400
  15400 Engine Health Management Data Repository Center...........2,550
  15700 Defense Information System Network Costs................-20,000
  15950 Air Force Manufacturing and Technical Assistance Production 
    Program.......................................................1,200
  15950 Air Force Data Conversion (only for AFRPA BRAC support)...3,400
  15950 Baseline Adjustment for One-Time Increase................-8,500
  16000 Demonstration Project for Contractors Employing Persons With 
    Disabilities..................................................1,050
  16100 Air Force CIO Enterprise..................................1,000
  16100 Service-Wide Safety: Breathscan Alcohol Detectors.........1,700
  16100 Wright Patterson AFB Critical Infrastructure Data Set 
    Development.....................................................500
  16250 Security Programs Adjustment............................-12,200
Undistributed:
  16630 Unobligated Balances....................................-68,000
  16710 Administration and Service-Wide Activities.............-100,000
  16780 Military to Civilian Conversions.......................-160,000
  16808 Peace Time Training Offset.............................-476,000
  16855 U.S. Northern Command Homeland Security Education Consorti1,800
  16865 Audit of DoD Financial Systems..........................-40,000

                            F-117 Nighthawk

       The conferees provide an additional $9,400,000 to maintain 
     52 F-117 aircraft in fiscal year 2006. The conferees believe 
     it is premature to retire any F-117 aircraft at this time. 
     The F-117 provides a unique capability to the combatant 
     commanders and remains the only tactical stealth aircraft 
     capable of delivering certain types of precision munitions.

[[Page 29540]]

     TH19DE05.028
     


[[Page 29541]]

     TH19DE05.029
     


[[Page 29542]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces
  17050 TJS--CoCom Initiative Fund...............................-5,000
  17050 TJS--Program Growth......................................-7,500
  17050 TJS--BA, Realignment...................................-303,164
  17100 SOCOM--Lightweight ATV Program............................1,700
  17100 SOCOM--Technology Transfer................................1,000
  17100 SOCOM--Depot Maintenance................................-12,000
  17100 SOCOM--C4IAS CERP........................................-6,400
  17100 SOCOM--BA Realignment..................................-188,296
  17100 SOCOM--Conversion of LTATV to JP8 Powered Engines.........1,200
  17100 SOCOM--Factory Refurbishment of Naval Special Warfare Rigid 
    Inflatable Boats..............................................1,000
  17100 SOCOM--Advanced SEAL Delivery System (ASDS) Program 
    Restructure..................................................10,100
Budget Activity 2: Mobilization
  17200 DLA--BA Realignment......................................39,693
Budget Activity 3: Training and Recruiting
  17480 DHRA--BA Realignment.....................................39,726
  17600 SOCOM--BA Realignment...................................124,181
  17610 NDU--Agent-based Predictive Analysis Using Subject Matter 
    Expert Generated Data Sets....................................1,700
  17610 NDU--Strategic Language Initiative........................1,000
Budget Activity 4: Admin & Servicewide Activities
  17750 CMP--National Guard Youth Challenge Program..............13,000
  17750 CMP--Outdoor Odyssey........................................500
  17750 CMP--DoD Starbase Program.................................1,000
  17830 DLA--Procurement Technical Assistance Program.............7,000
  17830 DLA--Commercial Technologies for Maintenance Activities..10,200
  17830 DLA--BA Realignment.....................................-39,693
  17830 DLA--PartNet/NET Inventory and Subassembly................1,800
  17830 DLA--Center for Supply Chain Management..................12,750
  17830 DLA--Logistics Integration Center (LOGIC).................1,000
  17830 DLA--Defense Microelectronics Activity (DMEA).............1,500
  17880 DODEA--Lewis Center for Education Research................2,550
  17880 DODEA--Jason Foundation...................................1,000
  17880 DODEA--Center for the Study and Treatment of Dyslexia 
    Professional Development Program..............................1,000
  17880 DODEA--Mesorah Heritage Foundation English Literature 
    Curriculum Development........................................1,000
  17880 DODEA--Mathematics and Technology Teachers Development....1,000
  17880 DODEA--IDEA International (Galena)........................4,250
  17880 DODEA--Repair and Improvement of Existing Windows and Door1,000
  17880 DODEA--Our Military Kids, Inc...............................100
  17900 DHRA--Defense Business Fellows Program...................-4,800
  17900 DHRA--BA Realignment....................................-39,726
  17900 DHRA--DIMHRS..............................................4,200
  17900 DHRA--IMPACT JEMS (Job/Employment for Military Spouses)...1,000
  17900 DHRA--DLAMP Program Growth...............................-5,000
  17930 DISA--Program Growth....................................-10,000
  18050 DSS--PSI for Industry Unjustified Growth................-15,000
  18100 OEA--Norton AFB...........................................4,250
  18100 OEA--George AFB...........................................2,550
  18100 OEA--Rialto-Colton Basin Bio-Remediation Demonstration 
    Project.......................................................1,250
  18100 OEA--Port of Philadelphia.................................1,500
  18100 OEA--Philadelphia Navy Yard...............................1,000
  18100 OEA--Davis Island--Fort Slocum Remediation................5,000
  18100 OEA--McClellan AFB Sewer Remediation......................2,600
  18100 OEA--Citizen Soldier Support Program......................3,000
  18100 OEA--Bayonne Military Ocean Terminal......................4,000
  18100 OEA--Port of Port Arthur Drydock Transfer.................1,000
  18100 OEA--Watervaliet Innovation Center..........................750
  18100 OEA--Hunters Point Naval Shipyard.........................4,000
  18100 OEA--JSFC Infrastructure..................................1,680
  18100 OEA--Toledo Naval Weapons Plant Environmental Restoration.2,450
  18100 OEA--Homestead Air Reserve Base Perimeter Improvement.......600
  18100 OEA--Telecommunication Upgrades at Kodiak Launch Complex.12,325
  18100 OEA--UCHSC-DCH Fitzsimmons Medical Campus.................1,800
  18100 OEA--Port of Anchorage Intermodal Marine Facility Project.8,500
  18100 OEA--Increase assistance to local communities............55,000
  18100 OEA--Locomotives/Rail Cars to Support Deployment of Stryker 
    Brigade......................................................16,000
  18100 OEA--Fort Wainwright Trak Relocation Study................2,000
  18100 OEA--Arnold Heights Redevelopment.........................1,500
  18100 OEA--Thorium/Magnesium Excavation--Blue Island............1,000
  18100 OEA--Lake Ontario Ordnance Works............................100
  18125 OSD--Joint ROTC Military Leadership Project at the 
    University of South Florida...................................3,825
  18125 OSD--Wind Demonstration Project...........................4,250
  18125 OSD--Chemical/Biological Resistant Hydration on the Move..1,000
  18125 OSD--Foreign Disclosure On-Line Training, Education, and 
    Certification.................................................1,000
  18125 OSD--Middle East Regional Security Issues Program.........1,500
  18125 OSD--National Defense Fiber Optic Network Program.........1,000
  18125 OSD--Minority Contract Enhancement Program................1,800
  18125 OSD--Service-Wide Safety: Alcohol Breath Detectors..........250
  18125 OSD--Virtual Reality Spray Paint Simulator System and 
    Training Program at Pine Technical College....................1,000
  18125 OSD--Focus on Family at Neumann College.....................500
  18125 OSD--OSD Studies and Initiatives.........................-3,000
  18125 OSD--Compatible Use Buffer Program.......................17,000
  18125 OSD--Capital Cost Sharing...............................-61,300
  18125 OSD--Information Assurance Scholarships...................2,100
  18125 OSD--Techlink Southeast Program...........................1,000
  18125 OSD--Country Studies Series.................................500
  18125 OSD--Beyond Goldwater Nichols Project Extension...........1,100
  18125 OSD--SSBN Transit Protection System.......................1,000
  18125 OSD--Critical Language Training: San Diego State Universit1,000
  18150 SOCOM--BA Realignment....................................64,115
  18200 TJS--Management Headquarters Program Growth..............-7,500
  18200 TJS--BA Realignment.....................................303,164
  18225 WHS--eGov Program Growth.................................-8,000
  18225 WHS--Child Care Center planning: Budget Justification Err-4,400
  18225 WHS--Pentagon Integrated Campus Pilot Program.............2,500
  19010--Impact Aid..............................................30,000
  19015--Impact Aid For Children With Disabilities................5,000
  19020--Other Programs.........................................-71,583
  19045--Excess Unobligated Balances............................-35,000
  19080--Special Assistance to Local Education Agencies...........7,000
  19085--Parents as Teachers......................................1,000
  19100--Public Interest Declassification Board...................1,000

              Service-Wide Safety Alcohol Breath Detectors

       The conferees agree to provide $7,270,000 for service-wide 
     alcohol breath detectors in operation and maintenance 
     accounts. In addition to the guidance provided in House 
     Report 109-19, the conferees direct that these detectors be 
     FDA-cleared, be housed in unbreakable pocketsize containers, 
     and be capable of carrying a Service's safety program 
     imprint.

                 National Guard Youth Challenge Program

       The conferees provide an additional $13,000,000 for the 
     National Guard Youth Challenge Program, which includes 
     $1,700,000 only for preparation of facilities at Joint Forces 
     Training Base Los Alamitos to expand the California National 
     Guard Grizzly Program.

                       Unique Item Identification

       The conferees are encouraged by the promise of the Unique 
     Item Identification (UID) program at the Department of 
     Defense to make acquisition, repair, and deployment of items 
     faster and more efficient through unique identification 
     technologies. The conferees direct the Under Secretary for 
     Defense for Acquisition, Technology & Logistics to provide a 
     report to the Appropriations Committees no later than October 
     1, 2006 on the benefits and progress of UID efforts within 
     DOD. The report should include goals for enhanced operations 
     capabilities, support for the warfighter, and improved 
     financial controls.

            Defense Prisoner of War/Missing Personnel Office

       The conferees are aware that the Defense Prisoner of War/
     Missing Personnel Office

[[Page 29543]]

     (DPMO) provides information and communication to families, 
     veteran's organizations and the public on issues pertaining 
     to personnel recovery and accounting for Americans from past 
     conflicts. The conferees encourage this office to continue 
     its outreach efforts, annual conferences, and meetings with 
     the POW/Missing Personnel families to ensure those family 
     members have updated information concerning the status of the 
     recovery of their loved ones.
    

[[Page 29544]]

TH19DE05.030



[[Page 29545]]

                    Adjustment to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces:
  19530 Division Forces/Entended Cold Weather Clothing System 
    (ECWCS).......................................................1,400
  19530 Division Forces/Cost Adjustment for Flying Hours.........-1,900
  19680 Base Support/Unfunded Requirement........................10,000
  19680 Base Support/Strengthening the Quality of Life for Military 
    Families........................................................500
  Undistributed:....................................................
  20220 Unobligated Balances....................................-17,800
  20225 Cost Avoidance for Mobilized MilTechs...................-10,000
  20230 Army Reserve IT Consolidation...............................400
  20231 Tactical Operational Centers (ELAMS/MECCS)................3,400

[[Page 29546]]

TH19DE05.031



[[Page 29547]]

TH19DE05.032



[[Page 29548]]

    

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars}

Budget Activity 1: Operating Forces:
  21200 Aircraft Depot Maintenance/Unfunded Requirement...........4,300
  21800 Combat Support Forces/Gulf Joint Harbor Operations Center 
    (JHOC)--Maritime Domain Awareness Support Program.............2,100
  22030 Facilities Sustainment, Restoration and Modernization/
    Undistributed Increase........................................5,000
Undistributed:
  22680 Unobligated Balances....................................-12,300
  

[[Page 29549]]

TH19DE05.033



[[Page 29550]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces:
  23450 Operating Forces/Initial Issues...........................5,000
  23450 Operating Forces/Lightweight Maintenance Enclosure (LME)..1,000
  23450 Operating Forces/Portable Tent Lighting...................1,000
Budget Activity 4: Administration and Servicewide Activities:
  23850 Speical Support/Audit of DoD Financial Systems...........-2,300
Undistributed:
  24150 Unobligated Balances.....................................-1,900

[[Page 29551]]

TH19DE05.034



[[Page 29552]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars][

Budget Activity 1: Operating Forces:
  24970 Depot Maintenance/Unfunded Requirement....................7,000
  24980 Facilities Sustainment, Restoration & Modernization/
    Adjustment to fund sustainment at DoD goal...................-5,400
Undistributed:
  25655 932nd Airlift Wing Operations and Training...............16,000
  25670 Cost Avoidance for Mobilized MilTechs....................-5,000
  25680 Unobligated Balances....................................-15,000

[[Page 29553]]

TH19DE05.035



[[Page 29554]]

TH19DE05.036



[[Page 29555]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces:
  26180 Division/Baseline Adjustments for One-Time Increase......-5,100
  26240 Echelon Above Corps Forces/Baseline Adjustment for One-Time 
    Increase.....................................................-1,500
  26260 Land Forces Operations Support/Baseline Adjustment for One-
    Time Increase................................................-4,300
  26320 Force Readiness Operations Support/BLSS Kit-PASGT Retrofit 
    Suspension System.............................................1,300
  26320 Force Readiness Operations Support/Extended Cold Weather 
    Clothing System (ECWCS).......................................1,400
  26320 Force Readiness Operations Support/Joint Interagency 
    Training Center-East..........................................8,500
  26320 Force Readiness Operations Support/Operator Driving 
    Simulators....................................................1,500
  26340 Land Forces Systems Readiness/Information Technology 
    Continuity of Operations......................................6,100
  26340 Land Force Systems Readiness/Regional Geospatial Service 
    Center........................................................2,100
  26420 Base Operations Support/Unfunded Requirement.............14,000
  26420 Base Operations Support/Hawaii Wireless Interoperability 
    Network (HWIN)..................................................500
  26420 Base Operations Support/Communicator Automated Emergency 
    Notifications System..........................................1,800
  26420 Base Operations Support/Baseline Adjustment for One-Time 
    Increase.....................................................-8,900
  26440 Facilities Sustainment, Restoration and Modernization/
    Facility Needs at National Guard Training Center, Fort Stewart5,000
  26480 Miscellaneous Activities/Baseline Adjustment for One-Time 
    Increase....................................................-18,300
  26480 Miscellaneous Activities/Lewis & Clark Bicentennial 
    Commemoration Support.........................................1,800
Budget Activity 4: Administration and Servicewide Activities:
  26660 Staff Management/Baseline Adjustment for One-Time Increas-6,800
  26680 Information Management/Integrated Command, Control, 
    Communication Unit............................................1,000
  26680 Information Management/Baseline Adjustment for One-Time 
    Increase.....................................................-4,000
Undistributed:
  26820 Angel Gate Academy........................................1,800
  26830 National Emergency and Disaster Information Center........1,700
  26890 Joint Training and Experimentation Program................3,400
  26970 National Guard Global Education Project.....................500
  27110 Homeland Operational Planning System......................8,500
  27345 Unobligated Balances....................................-40,000
  27350 Enterprise Resource Planning for Army Guard Installations 
    and Deployment Support........................................1,700
  27381 Community Emergency Response/Info Analysis Center.........1,000
  27383 Strategic Biodefense Initiative...........................8,500
  27384 Advanced Starting Systems...................................500
  27390 Internal Airlift, Helicopter Slingable Units (ISU)........2,800
  27391 Advanced Solar Covers.....................................1,600
  27392 Civil Support Team Training (CSTT) Program................1,000
  27393 RCAS......................................................4,300
  27394 Florida NG Operations Family Safe at Home.................1,800
  27396 Cost Avoidance for Mobilized MilTechs...................-20,000
  27398 Distributed Training Technology Project...................1,500
  27399 Regional Emergency Response Network for the Florida National 
    Guard.........................................................4,690

[[Page 29556]]

TH19DE05.037



[[Page 29557]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

  27650 Aircraft Operations/Training Capability Upgrade.............315
  27650 Aircraft Operations/Air Refueling Operational Support.....3,400
  27650 Aircraft Operations/166th Information Operations Squadron.1,000
  27650 Aircraft Operations/Combat Arms Training System...........4,000
  27650 Aircraft Operations/Baseline Adjustment for One-Time 
    Increase.....................................................-2,200
  27700 Mission Support Operations/National Guard State Partnership 
    Program.......................................................2,200
  27700 Mission Support Operations/Baseline Adjustment for One-Time 
    Increase.....................................................-9,100
  27700 Mission Support Operations/EST 2000 Trainers..............1,800
  27700 Mission Support Operations/MA-16 Aircraft Inertia Reels...1,000
  27700 Mission Support Operations/Survey Systems.................1,000
  27700 Mission Support Operations/Life Support Radio Test Sets...1,400
  27720 Facilities Sustainment, Restoration and Modernization/
    Undistributed Increase.......................................10,000
  27750 Base Support/Baseline Adjustment for One-Time Increase...-7,500
Undistributed:
  28115 Cost Avoidance for Mobilized MilTechs....................-8,000
  28320 Unobligated Balances....................................-22,100

            Overseas Contingency Operations Transfer Account

       The conference agreement provides no appropriation for the 
     Overseas Contingency Operations Transfer Account, instead of 
     $20,000,000 as proposed by the House. The Senate proposed no 
     funding for this account.

          United States Court of Appeals for the Armed Forces

        The conference agreement provides $11,236,000 for the 
     United States Court of Appeals for the Armed Forces.

                    Environmental Restoration, Army

       The conference agreement provides $407,865,000 for 
     Environmental Restoration, Army.

                    Environmental Restoration, Navy

       The conference agreement provides $305,275,000 for 
     Environmental Restoration, Navy.

                  Environmental Restoration, Air Force

       The conference agreement provides $406,461,000 for 
     Environmental Restoration, Air Force.

                Environmental Restoration, Defense-Wide

        The conference agreement provides $28,167,000 for 
     Environmental Restoration, Defense-Wide.

         Environmental Restoration, Formerly Used Defense Sites

       The conference agreement provides $256,921,000 for 
     Environmental Restoration, Formerly Used Defense Sites, 
     instead of $221,921,000 as proposed by the House and 
     $271,921,000 as proposed by the Senate.

             Overseas Humanitarian, Disaster, and Civil Aid

       The conference agreement provides $61,546,000 for Overseas 
     Humanitarian, Disaster, and Civic Aid.

              Former Soviet Union Threat Reduction Account

       The conference agreement provides $415,549,000 for the 
     Former Soviet Union Threat Reduction Account.

[[Page 29558]]

     TH19DE05.038
     


[[Page 29559]]

                  Reprogramming Reporting Requirements

       The conferees share the concerns raised in the report 
     accompanying the House version of the fiscal year 2006 
     Defense Appropriations bill regarding the need to improve the 
     reporting of reprogrammings by the Department of Defense. In 
     the Statement of the Managers accompanying the fiscal year 
     2005 Defense Appropriations Act, the Department of Defense 
     was directed to evaluate current procedures governing the 
     department's financial practices. In response, the Department 
     issued a report proposing several reporting improvements. The 
     conferees direct the Under Secretary of the Department of 
     Defense, Comptroller, to begin implementing all three of the 
     proposals identified in the report under the heading of 
     ``Improved Reporting''. The conferees further direct that the 
     quarterly, spreadsheet based DD 1416 reports proposed in the 
     Department's recommendations shall be submitted for service 
     and defense-wide accounts in titles III and IV of this Act 
     and shall also include the reason for which funds are 
     available for reprogramming, the account to which the funds 
     have been reprogrammed, and the requirement for the funds to 
     be reprogrammed.

                         Special Interest Items

       Items for which additional funds have been provided as 
     shown in the project level tables or in paragraphs using the 
     phrase ``only for'' or ``only to'' in this report are 
     congressional interest items for the purpose of the Base for 
     Reprogramming (DD 1414). Each of these items must be carried 
     on the DD Form 1414 at the stated amount, or a revised amount 
     if changed during conference or otherwise specifically 
     addressed in the conference report. These items remain 
     special interest items whether or not they are repeated in a 
     subsequent conference report.

            Reprogramming Guidance for Acquisition Accounts

       The conferees direct the Department of Defense to continue 
     to follow the reprogramming guidance specified in the 
     Statement of Managers on the fiscal year 2005 Department of 
     Defense Appropriations Act (House Report 108-622). 
     Specifically, the dollar threshold for reprogramming 
     procurement funds will remain at $20,000,000, and at 
     $10,000,000 for research, development, test and evaluation. 
     The Department shall continue to follow the limitation that 
     prior approval reprogrammings are set at either the specified 
     dollar threshold or 20% of the procurement or research, 
     development, test and evaluation line, whichever is less. 
     These thresholds are cumulative. Therefore, if the combined 
     value of transfers into or out of a procurement (P-1) or 
     research, development, test and evaluation (R-1) line exceeds 
     the identified threshold, the Department of Defense must 
     submit a prior approval reprogramming to the congressional 
     defense committees. In addition, guidelines on the 
     application of prior approval reprogramming procedures for 
     congressional special interest items are established 
     elsewhere in this statement.

                             C-130J/KC-130J

       The conferees agree to provide $690,000,000 for the 
     procurement of eight C-130J aircraft and $384,200,000 for the 
     procurement of five KC-130-J aircraft. The conferees are 
     aware that the current FAR Part 12 multiyear contract for 
     these aircraft is being changed to a more traditional FAR 
     Part 15 contract structure. The conferees expect that all 13 
     aircraft will be procured under a multiyear contract 
     arrangement that will maximize savings to the taxpayer.

[[Page 29560]]

     TH19DE05.039
     


[[Page 29561]]

     TH19DE05.040
     


[[Page 29562]]

     TH19DE05.041
     


[[Page 29563]]

     TH19DE05.042
     


[[Page 29564]]

     TH19DE05.043
     


[[Page 29565]]

          Guided Multiple Launch Rocket System (GMLRS) Unitary

       The conferees are aware of the recent successful deployment 
     of the GMLRS Unitary Rocket in support of Operation Iraqi 
     Freedom. In the missions in which it has been deployed, GMLRS 
     Unitary has demonstrated both very high accuracy and low 
     collateral damage. Accordingly, the conferees urge the Army 
     to maximize the procurement of GMLRS Unitary Rockets from the 
     $124,814,000 provided in the conference agreement. The 
     conferees further direct that this amount is a congressional 
     special interest item for the base for reprogramming as 
     described elsewhere in this statement.

[[Page 29566]]

     TH19DE05.044
     


[[Page 29567]]

     TH19DE05.045
     


[[Page 29568]]

     TH19DE05.046
     


[[Page 29569]]

         Objective Individual Combat Weapon (OICW) Increment I

       The conferees understand that following a review by the 
     Department of Defense Inspector General (IG) which identified 
     several management issues with the OICW program, the Army has 
     terminated the OICW I request for proposals. However, 
     recognizing the important capabilities that OICW brings to 
     the war fighter, the conferees direct the Army to resolve the 
     management concerns identified in the IG report and obtain 
     joint validation of the OICW Increment I family of weapons 
     requirements through the Joint Requirements Oversight 
     Council. The conferees strongly encourage the Program Manager 
     to subsequently conduct source selection and award a contract 
     in fiscal year 2006.
       The conferees direct the Program Manager to provide the 
     congressional defense committees a written report detailing 
     the program's updated requirements, acquisition strategy--to 
     include the Army's strategy for replacing existing weapons--
     and detailed schedule no later than thirty days after 
     enactment of this Act. Furthermore, the conferees direct the 
     Program Manager to provide quarterly updates on the program's 
     status to the congressional defense committees.

[[Page 29570]]

     TH19DE05.047
     


[[Page 29571]]

     TH19DE05.048
     


[[Page 29572]]

     TH19DE05.049
     


[[Page 29573]]

                 Life Cycle Management Commands (LCMC)

       The conferees support the goal of the Army's LCMC pilot 
     program to establish integrated business enterprises to 
     better support the warfighter. Currently, there is a 
     geographically separated but strategically important life 
     cycle management plan for ammunition management. Given that 
     the Secretary of Defense has recommended, and the Base 
     Realignment and Closure Commission has endorsed, that 
     Picatinny Arsenal become the home for a joint integrated 
     weapons and armaments specialty site for guns and ammunition, 
     the conferees believe the Army must evaluate how this 
     organization should be structured.
       The conferees understand that the Army will submit a report 
     to the Office of the Secretary of Defense (OSD) detailing its 
     implementation of LCMC programs by December 2005. 
     Accordingly, the conferees direct the Secretary of Defense to 
     submit a report to the House and Senate Committees on 
     Appropriations providing its assessment of the value of the 
     LCMC construct by February 1, 2006. In addition, by the same 
     date, the Secretary of the Army shall provide a report to the 
     House and Senate Committees on Appropriations that provides a 
     summary of the Army's LCMC review, and that rationalizes the 
     relationship between each component of the life cycle 
     management of ammunition.

[[Page 29574]]

     TH19DE05.050
     


[[Page 29575]]

     TH19DE05.051
     


[[Page 29576]]

     TH19DE05.052
     


[[Page 29577]]

     TH19DE05.053
     


[[Page 29578]]

     TH19DE05.054
     


[[Page 29579]]

     TH19DE05.055
     


[[Page 29580]]

     TH19DE05.056
     


[[Page 29581]]

     TH19DE05.057
     


[[Page 29582]]

     TH19DE05.058
     


[[Page 29583]]

     TH19DE05.059
     


[[Page 29584]]

     TH19DE05.060
     


[[Page 29585]]

     TH19DE05.061
     


[[Page 29586]]

               Live Fire Trainer Shoot House Development

       The conferees believe that America's Army Live Fire 
     Trainer, using ``America's Army'' software and thermal image 
     ballistic tracking and weapon middleware will improve 
     training of soldiers, sailors, and marines in critical urban 
     combat skills. Of note, current U.S. Army live fire urban 
     combat shoot houses will be upgraded to replace paper targets 
     with fully engagable virtual targets, representing enemy, 
     friendly, and non-combatant personnel. As a result, this 
     platform has a tremendous capability to improve marksmanship, 
     adaptive thinking, and critical combat related tasks in a 
     live-fire environment.

                     Battlefield Operating Systems

       The conferees direct the Secretary of the Army to provide a 
     report to the congressional defense committees, no later than 
     February 15, 2006, detailing the Army's plan to close the 
     information-sharing gap across Battlefield Operating Systems 
     and provide increased information awareness from multiple 
     domains to the commands and forces engaged in Operation Iraqi 
     Freedom. The conferees also direct that this report provide 
     information regarding the return on investment of expanding 
     or redirecting resources to the operation and expansion of 
     net-centric information-sharing applications such as 
     Federated Search, Alerts, and FusionNet, delivered by the 
     Horizontal Fusion program. Finally, the conferees direct that 
     this report provide information about the architecture and 
     development of net-centric services that will improve battle 
     command in Operation Iraqi Freedom.

[[Page 29587]]

     TH19DE05.062
     


[[Page 29588]]

     TH19DE05.063
     


[[Page 29589]]

     TH19DE05.064
     


[[Page 29590]]

     TH19DE05.065
     


[[Page 29591]]

     TH19DE05.066
     


[[Page 29592]]

                       MH-60R Helicopter Program

       The conference agreement provides $438,821,000 for the MH-
     60R helicopter program. The conferees note that, as the MH-
     60R moves into full rate production, the Navy would be able 
     to realize long term cost savings through a multiyear 
     procurement of this aircraft, as is being accomplished with 
     other Navy aircraft, including the MH-60S. The conferees urge 
     the Department of the Navy to examine the business case for a 
     multiyear procurement of the MH-60R helicopter and, if 
     warranted by the analysis, to implement a multiyear 
     procurement as soon as possible to maximize program savings.

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[[Page 29599]]

             Joint Direct Attack Munition Laser Capability

       The conferees understand that combatant commanders in OEF/
     OIF have requested the addition of a laser capability to 
     existing Joint Direct Attack Munition (JDAM) weapon kits. 
     This change could provide improved JDAM operational 
     flexibility and time-sensitive target capability. Therefore, 
     the conferees agree with Senate language encouraging the 
     Department to consider laser JDAM testing to provide these 
     increased capabilities to the warfighter.

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[[Page 29601]]

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[[Page 29602]]

                      Cost Growth Resolution Plan

       The conferees are concerned over the unanticipated cost 
     growth on existing Navy shipbuilding contracts, and agree 
     that the plan directed by the House on this subject is to 
     include details on the cost growth for all existing 
     shipbuilding and conversion efforts. The plan is to be 
     submitted to the congressional defense committees not later 
     than February 1, 2006, and shall make recommendations on 
     mechanisms to resolve the cost growth, including the option 
     of converting the remaining work to fixed-price contracts.

                             LHA(R) Funding

       The conferees do not agree with House direction urging the 
     Navy to reconsider split funding for the LHA(R) Program. The 
     conferees agree to consider either split funding or full 
     funding if proposed by the Administration.

                      Littoral Combat Ship Report

       The conferees agree to the report on Littoral Combat Ship 
     (LCS) mission modules proposed by the House, and specify that 
     such report should include cost estimates for these modules 
     by fiscal year.

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                     SSBN Transit Protection System

       The conference agreement provides $70,700,000 in new budget 
     authority for the SSBN Transit Protection System. The 
     following table summarizes conference actions on this 
     program:

------------------------------------------------------------------------
                                              Budget       Conference
               Appropriation                   line        agreement
------------------------------------------------------------------------
Other Procurement, Navy (rescission of             13       -$43,000,000
 fiscal year 2005 funds)...................
Other Procurement, Navy....................        24         45,300,000
Weapons Procurement, Navy..................        30          5,200,000
Operation and Maintenance, Navy............       N/A         19,200,000
Operation and Maintenance, Defense-Wide....       N/A          1,000,000
    Total, new budget authority............                   70,700,000
------------------------------------------------------------------------

       The conference agreement provides $70,700,000 for the 
     Navy's restructured SSBN Transit Protection Program, 
     including $45,300,000 in Other Procurement, Navy for the 
     procurement of two 87-foot escort cutters and 11 medium 
     escort vessels, and $5,200,000 in Weapons Procurement, Navy 
     for weapons for larger screening vessels. In addition, the 
     conferees provide $19,200,000 in Operation and Maintenance, 
     Navy for the lease of not less than two large screening 
     vessels during fiscal year 2006. The conferees would not 
     oppose efforts by the Navy to provide additional resources to 
     the program during fiscal year 2006 from existing Navy funds. 
     However, while the conferees share the Navy's force 
     protection concerns and provide significant funds for these 
     efforts throughout this Act, the conferees are concerned 
     about aspects of this approach created by the Navy's revised 
     concept of operations. Given programmatic changes over the 
     past year, the conferees believe it would be important to 
     have an independent review of the current concept of 
     operations. Therefore, the conferees direct the Office of 
     Program Analysis and Evaluation to oversee a study that 
     analyzes the Navy's concept of operations and explores 
     alternatives to the current design, and include $1,000,000 in 
     Operation and Maintenance, Defense-Wide for that purpose. The 
     Office of Program Analysis and Evaluation is directed to 
     present the results of its analysis to the congressional 
     defense committees within 180 days of enactment of this Act.
       Senate direction to withhold the obligation of funds 
     (Senate Report No. 109-141) pending submission of a report on 
     this program was satisfied when such report was submitted on 
     October 12, 2005.

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[[Page 29627]]

        Future Years Procurement Strategy for the F/A-22 Raptor

       The conferees direct the Secretary of Defense to report to 
     the congressional defense committees, by March 30, 2006, on 
     alternatives for the continued acquisition of the F/A-22. The 
     report should consider, but not be limited to, the following: 
     analyses of the advantages of a multiyear procurement 
     program, of extending the F/A-22 procurement profile, and of 
     the effects of F/A-22 procurement on the Joint Strike Fighter 
     production line.

                      F/A-22 Titanium Requirements

       The conferees are aware of the potential impact that 
     industry trends in the titanium market could have on the 
     production timelines for the Lot 8 F/A-22 aircraft. The 
     conferees are sensitive to this issue and encourage the 
     Department of Defense to propose a comprehensive solution to 
     the congressional defense committees not later than 90 days 
     after enactment of this Act.

                               Predator B

       The conferees direct the Secretary of the Air Force, in 
     conjunction with the Joint Staff, to provide the 
     congressional defense committees a detailed written report on 
     the deployment status of the MQ-9 in Iraq and the 
     weaponization plan for the aircraft by February 3, 2006.

                      Operational Support Aircraft

       The conferees direct that the Department of Defense 
     maintain the current allocation of Operational Support 
     Aircraft (OSA) assets to support Combatant Commanders and 
     that the congressional defense committees be notified at 
     least 30 days prior to any alteration of such assignments.

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[[Page 29631]]

                 Joint Air-to-Surface Standoff Missile

       The conferees agree to provide $100,000,000 for the Joint 
     Air-to-Surface Standoff Missile (JASSM) as proposed by the 
     Senate. Of the funds provided, the conferees direct the 
     following: that not more than $70,000,000 shall be for the 
     purpose of maintaining missile hardware procurement at a 
     minimum sustainable production rate; that of the remaining 
     funds, not less than $20,000,000 shall be for testing and 
     reliability improvement; that an additional 4 test shots be 
     added to the JASSM weapons system evaluation program to 
     evaluate the reliability of Lot 1 and Lot 2 missiles in 
     storage; and, that the Program Manager submit to the 
     congressional defense committees an updated JASSM test 
     schedule no later than 30 days after the enactment of this 
     Act, to include the requirements established in this 
     paragraph.

                Evolved Expandable Launch Vehicle (EELV)

       The conferees support contracting procedures that 
     facilitate competition, assure access to space, and lead to 
     ``best value'' procurements. The conferees note that the Air 
     Force is transitioning to a new EELV acquisition strategy 
     that contractually splits launch services (including launch 
     vehicles) from launch infrastructure. The conferees direct 
     that launch services contracts provide an annual opportunity 
     for companies to present their qualifications to meet 
     objective criteria for reliability, mission assurance, 
     oversight, and cost credibility, and compete based on their 
     ability to meet these criteria. The conferees further direct 
     the elimination of multi-year ``allocations'' ``pre-awards,'' 
     and ``block buys'' from Buy 3 and future EELV launch services 
     contracts.
       Concerning space launch infrastructure, the conferees 
     understand the business case to maintain the EELV 
     infrastructure and support the Buy-3 contracting procedure to 
     award launch capabilities (infrastructure) contracts on a bi-
     annual basis. 

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[[Page 29644]]

                  Advanced SEAL Delivery System (ASDS)

       Since program inception ASDS has experienced design, 
     construction, performance, and reliability challenges. Since 
     November of this year, the conferees have been made aware of 
     additional reliability concerns with the first ASDS. Based on 
     these concerns, Special Operations Command has again decided 
     to delay construction of the second ASDS. The conferees find 
     this decision prudent and thus recommend a realignment of the 
     resources provided in both the House and Senate bills for 
     advance procurement of the second ASDS. The conferees 
     recommend increasing research and development funding by 
     $21,160,000 to conduct critical system reviews, address 
     obsolescence and improve technologies. The conferees 
     recommend increasing procurement funding by $8,650,000 to 
     address modernization, and equipment shortfalls and operation 
     and maintenance funding by $10,100,000 for unforeseen depot 
     and fleet maintenance. The conferees continue to be 
     frustrated by the chronic problems with the ASDS and expect 
     both the Command and the Navy to dramatically increase the 
     level of technical engineering and management oversight 
     dedicated to this program. 

[[Page 29645]]

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[[Page 29646]]

                  NATIONAL GUARD AND RESERVE EQUIPMENT

       The conferees agree that National Guard and Reserve forces 
     are integral to our efforts in Iraq and Afghanistan and play 
     a critical role in our Nation's response to national 
     disasters. The conferees are aware that the equipment needs 
     of our Reserve Component forces far exceed the amounts 
     provided in the budget request for those items and agree to 
     provide a total of $4,131,653,000 for guard and reserve 
     equipment. The funding provided in the conference agreement 
     is located in the following accounts: $2,654,353,000 as 
     requested in the budget throughout the procurement accounts; 
     $265,000,000 in addition to the budget request throughout the 
     procurement accounts; $32,300,000 in the operation and 
     maintenance accounts; $180,000,000 in the National Guard and 
     Reserve Equipment account; $100,000,000 for Army Reserve 
     equipment in Title IX for contingency operations; 
     $700,000,000 for the Army National Guard in Title IX; and 
     $200,000,000 for the Air National Guard in Title IX.
       The House provided specific funding in many of the 
     procurement accounts as requested in the Budget. The Senate 
     provided funding in the National Guard and Reserve Equipment 
     account. The conferees agree to provide the funding 
     identified above in the Guard and Reserve Equipment account 
     and in Title IX, and expect the Department to provide at a 
     minimum the following amounts to the Guard and Reserve 
     components in the following procurement accounts:

Aircraft Procurement, Army.................................$317,750,000
Missile Procurement Army...................................$150,000,000
Procurement of Weapons and Tracked Combat Vehicles, Army...$614,800,000
Procurement of Ammunition, Army............................$119,000,000
Other Procurement, Army....................................$841,100,000
Aircraft Procurement, Navy..................................$57,779,000
Procurement of Ammunition, Navy and Marine Corps............$19,562,000
Other Procurement, Navy.....................................$45,212,000
Aircraft Procurement, Air Force............................$466,300,000
Procurement of Ammunition, Air Force.......................$164,800,000
Other Procurement, Air Force...............................$160,050,000

                       Items of Special Interest

       The conferees agree that the National Guard and Reserve 
     equipment program shall be executed by the heads of the Guard 
     and Reserve components with priority consideration for 
     miscellaneous equipment appropriations given to the following 
     items: Radio Test Sets, F-15 Enhanced GPS/INS--Air National 
     Guard, Heavy Expanded Mobility Tactical Trucks (HEMTT), 
     M777A1 Lw 155mm Howitzers, Heli-Basket Module Technology, 
     Helicopter Maintenance Work Platform Systems, High Mobility 
     Multi-Purpose Wheeled Vehicles (HMMWVs), Joint Helmet Mounted 
     Cueing Systems, M4K Forklifts, CMHS Medical Readiness 
     Systems, MW24C Loaders, Night Vision Devices, MK6 Assisted 
     Take-Off replacement, SINCGARS, LAIRCM, V-3 AESA Radar, Small 
     Arms, Apache Helicopter Bladefold Kits, F-16 Full Mission 
     Training Simulators, Light Medium Tactical Vehicle (LMTV), 
     Medium Tactical Vehicle (MTV), PLS Trailers, LITENING 
     Targeting Pods, Aviation Maintenance Fall Protection 
     Platforms, Autonomous Air Combat Evaluation System (ACE), 
     Advanced Targeting Pods for A-10s, IMD-HUMS, Service Life 
     Extension Program for Aviation Equipment, Joint CONUS 
     Communications Support Environment, Forward Osmosis Water 
     Filtration Program, APG-68V(10) Radar, DFIRST, Combo PAK, 
     Crashworthy External Fuel Systems (CEFs), F-16 Falcon BRU-57 
     Smart Rack for the Air National Guard, Joint Threat Emitters, 
     AB-FIST, Up-Armored HMMWVs, Tactical Truck Crew Trainers, and 
     Laser Marksmanship Training Systems.


                    DEFENSE PRODUCTION ACT PURCHASES

        The conferees agree to provide a total of $58,248,000 for 
     the Defense Production Act Purchases appropriation instead of 
     $28,573,000 as proposed by the House and $68,573,000 as 
     proposed by the Senate.
       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [In thousands of dollars]
------------------------------------------------------------------------
             Project                  House        Senate     Conference
------------------------------------------------------------------------
Amplifying fluorescent polymer          $2,000  ...........       $1,200
 based lED detection devices.....
Flexible aerogel material                2,000       $5,000        2,500
 supplier initiative.............
ALON and spinel optical ceramics.        3,000  ...........        1,500
Thermal battery industrial base          3,000  ...........        2,550
 infrastructure..................
Hydrogen ion implantation          ...........        4,000        2,800
 equipment.......................
Ceramic armor manufacturing to     ...........        5,000        3,500
 protect armed forces............
Advanced metal composite process.  ...........        8,000        6,800
Miniature compressor development.  ...........        5,000        2,500
POSS nanotechnology engineering    ...........        7,500        6,375
 scale-up initiative.............
Reactive plastic CO2 absorbent     ...........        7,500        3,750
 production capacity.............
Read out integrated circuit        ...........        4,000        2,400
 manufacturing improvement.......
High performance coatings                3,868        3,868        3,868
 production initiative...........
Beryllium supply industrial base.        6,000        9,000        7,800
High performance batteries and           5,800        6,800        6,800
 fuel cells production initiative
Boron fiber production initiative  ...........  ...........        1,000
Next generation radiation                2,905        2,905        2,905
 hardened microprocessors........
    Total........................       28,573       68,573       58,248
------------------------------------------------------------------------

       Amplifying Fluorescent Polymer-Based IED Detection Devices

       The conferees have been advised that a fluorescent polymer-
     based technology for IED detection has shown great promise in 
     Iraq and has had some very significant independent test 
     results demonstrating that it can be beneficial in the war on 
     terror. Therefore, the conferees direct the Technical Support 
     Working Group to review these tests and the technology to 
     determine its applicability to the mission of defeating IEDs. 
     The Technical Support Working Group is to report back to the 
     congressional defense Committees within 60 days of enactment 
     of this Act regarding the technical feasibility of the 
     technology and its status in the acquisition process.

[[Page 29647]]

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[[Page 29648]]

                         Special Interest Items

       Items for which additional funds have been provided as 
     shown in the project level tables or in paragraphs using the 
     phrase ``only for'' or ``only to'' in this report are 
     congressional interest items for the purpose of the Base for 
     Reprogramming (DD 1414). Each of these items must be carried 
     on the DD Form 1414 at the stated amount, or a revised amount 
     if changed during conference or otherwise specifically 
     addressed in the conference report. These items remain 
     special interest items whether or not they are repeated in a 
     subsequent conference report.

 Reprogramming Guidance for Research, Development, Test and Evaluation 
                                Accounts

       The conferees direct the Department of Defense to continue 
     to follow the reprogramming guidance specified in the 
     Statement of the Managers on the fiscal year 2005 Department 
     of Defense Appropriations Act (House Report 108-622). 
     Specifically, the dollar threshold for reprogramming 
     procurement funds will remain at $20,000,000, and at 
     $10,000,000 for research, development, test and evaluation. 
     The Department shall continue to follow the limitation that 
     prior approval reprogrammings are set at either the specified 
     dollar threshold or 20% of the procurement or research, 
     development, test and evaluation line, whichever is less. 
     These thresholds are cumulative. Therefore, if the combined 
     value of transfers into or out of a procurement (P-1) or 
     research, development, test and evaluation (R-1) line 
     exceeds5 the identified threshold, the Department 
     of Defense must submit a prior approval reprogramming to the 
     congressional defense committees. In addition, guidelines on 
     the application of prior approval reprogramming procedures 
     for congressional special interest items are established 
     elsewhere in this statement.

                   Joint Tactical Radio System (JTRS)

       The conferees direct the Secretary of Defense to submit a 
     report to the congressional defense committees not later than 
     January 30, 2006, on the status of JTRS. The report shall 
     include the following elements: mitigation plans of the 
     Military Services to compensate for the restructuring of the 
     JTRS program including a detailed description of the legacy 
     or other radios required as well as detailed estimates of the 
     cost of these plans; an explanation of Army plans to meet 
     Future Combat System requirements associated with all 
     developmental spirals as a result of the JTRS program 
     revisions, to include a detailed description of the 
     compatibility between legacy radios and the Army's Warfighter 
     Information Network-Tactical (WIN-T) as well as the 
     compatibility between JTRS and WIN-T; and a summary of DoD 
     acquisition decisions including the results of the Defense 
     Acquisition Board (DAB) meetings held in August and November 
     2005 to rebaseline this program. In addition, the conferees 
     direct the Government Accountability Office (GAO) to continue 
     its ongoing review of the JTRS program to include a review of 
     technical, management, cost and schedule issues associated 
     with the program.
       In addition, the conferees urge the Department to formally 
     establish the Joint Program Executive Office (JPEO) 
     organization for JTRS, specify its authorities, and resource 
     it appropriately to accomplish its mission. The conferees 
     also urge the Department to establish associated operation 
     and maintenance funding to establish and provide for the 
     operating expenses of this organization. Finally, the 
     conferees direct the Secretary of Defense to provide a report 
     on the organization, authorities, and plan to resource the 
     JPEO within 90 days of enactment of this Act.
       The table below summarizes reductions to the JTRS program 
     included in the conference agreement:

                              [$thousands]

Fiscal Year 2006 Reductions:...........................................
  Aircraft Procurement, Army....................................-12,300
  Procurement, Marine Corps......................................-7,000
  Aircraft Procurement, Air Force...............................-25,000
  Research, Development, Test and Evaluation, Army..............-94,600
  Research, Development, Test and Evaluation, Navy...................  
    (including Marine Corps programs)...........................-84,900
  Research, Development, Test and Evaluation, Air Force.........-41,900
    Total......................................................-265,700
Rescissions:...........................................................
  Other Procurement, Army FY 05/07..............................-68,637
                                                       ________________
                                                       
    Total.......................................................-68,637
Grand Total....................................................-334,337

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[[Page 29683]]

                       Joint Common Missile (JCM)

       The conferees support continuation of this program noting 
     that this is the first program to have successfully completed 
     the requirements determination process implemented in the 
     Joint Capabilities Integration and Development System 
     (JCIDS). The conferees recommend that the Department of 
     Defense reevaluate the decision to terminate this program 
     and, accordingly, provide $30,000,000 above the budget 
     request to continue development of the JCM. Of this amount, 
     $26,000,000 is provided in Research, Development, Test and 
     Evaluation, Army, and $4,000,000 is provided in Research, 
     Development, Test and Evaluation, Navy. In addition, the 
     conferees direct the Secretary of Defense to submit a report 
     to the congressional defense committees no later than January 
     30, 2006, that explains how the Department of Defense will 
     mitigate the capability gaps identified in the JCIDS analysis 
     and provides a cost comparison analysis of continuing the JCM 
     program versus JCM termination and continued procurement of 
     legacy air-to-ground missiles to fulfill mission 
     requirements.

                       Future Combat System (FCS)

       The Statement of the Managers accompanying the Department 
     of Defense Appropriations Act for fiscal year 2005 (House 
     Report 108-622) established a structure for budget 
     preparation and execution for FCS which included broadly 
     defined projects within the Armored Systems Modernization 
     program element. In addition, the statement directed the Army 
     to establish separate program elements for the Non Line of 
     Sight Launch System (NLOS-LS) and the Non Line of Sight 
     Cannon (NLOS-C). The conferees believe that this remains a 
     reasonable structure, and direct the Army to continue to use 
     this as the basis for executing appropriations provided by 
     the Congress, and as the basis for preparing the fiscal year 
     2007 and subsequent budget submissions. This funding 
     structure includes the following components:

     Program Element 0604645A Armored Systems Modernization to 
     include the following projects:
       F52--FCS Reconnaissance Platforms & Sensors
       F53--FCS Unmanned Ground Vehicles
       F54--Unattended Sensors
       F55--Sustainment
       F57--F57 Manned Ground Vehicles
       F61--System of Systems Engineering and Program Management
     Program Element 0604646A Non Line of Sight Launch System 
     (NLOS-LS)
     Program Element 0604647 A Non Line of Sight Cannon (NLOS-C)

       The conferees direct the Secretary of the Army to report to 
     the congressional defense committees within 30 days of 
     enactment of this Act on the plan to distribute the 
     $2,785,829,000 provided by the conference agreement for the 
     Armored Systems Modernization program element (PE 0604645A) 
     to each of the projects listed above. The conferees designate 
     these projects as congressional special interest items for 
     the purpose of prior approval reprogrammings as discussed 
     elsewhere in this report. The NLOS-LS and NLOS-C program 
     elements are subject to normal prior approval reprogramming 
     procedures as described elsewhere in this report. In 
     addition, the conferees direct the Army to provide a report 
     to the congressional defense committees not later than 
     January 15, 2006, which provides a detailed list and 
     description of the systems and technologies to be included in 
     each of the FCS developmental spirals.

                   Non-Line-of-Sight Cannon (NLOS-C)

       The conferees note that the Army provided the congressional 
     defense committees with a report on September 28, 2005, 
     pursuant to language included in the report accompanying the 
     House-passed version of the fiscal year 2006 Department of 
     Defense Appropriations Act. The conferees find the report 
     encouraging because it indicates that the Army plans to 
     produce a self-propelled Future Combat System non-line-of-
     sight cannon indirect fire capability to equip the future 
     force as required by section 216 of the National Defense 
     Authorization Act for fiscal year 2003, and section 8121 of 
     the Department of Defense Appropriations Act for fiscal year 
     2003. The conferees note that each annual Department of 
     Defense Appropriations Act since 2003 has included similar 
     language. The conferees are further encouraged by the Army's 
     plan to produce a quantity of eight pre-production 
     prototypes, and to begin fielding these guns starting in 
     2008. Accordingly, the conference agreement provides 
     $148,387,000, an increase of $40,800,000 above the budget 
     request, to enable the Army to continue this effort.

                       Multi-Sensor Architecture

       The conferees agree to recommend additional funding for 
     obtaining, evaluating, and integrating new sensors into the 
     Cerberus architecture. These would include fiber optic 
     perimeter sensors, medium range millimeter wave radars, and 
     low cost thermal imaging surveillance sensors. Evaluation and 
     integration of these sensors are to be managed by the Army 
     Night Vision Electronic Sensor Division.

  Flexible Electronics Research Initiative for Army Soldiers (FERIAS)

       The conferees recognize the importance of developing new 
     materials for flexible electronics technologies that will 
     have broad impact for multiple military applications. The 
     combination of these new materials and technologies will lead 
     to soldiers receiving information in real time on maps and 
     displays, imrroving both military communications and soldier 
     safety. The resiliency of these devices could also increase 
     the lifetime and reliability of current display applications 
     in harsh environments, including the battlefield.
       The conferees direct the Army Research Laboratory (ARL) to 
     continue to aggressively pursue and take all necessary steps 
     to develop new technologies that will enable flexible 
     electronics to become an integral part of the Army's 
     transformation. The conferees also direct ARL to collaborate 
     with the leading developers of flexible display technology to 
     fully develop the Flexible Electronics Research Initiative 
     for Army Soldiers (FERIAS).

                Applied and Clinical Prosthetic Research

       The conferees support the Army's effort to sustain a 
     collaborative applied and clinical prosthetic research 
     activity at the Walter Reed Army Medical Center Amputee Care 
     Center, and provide $5,500,000 to further develop this 
     program to advance prosthetic technological achievement 
     through applied and clinical research activities. Included in 
     this amount is funding for continuation of the effort to 
     improve and harden microprocessor knee componentry.

                          Preventive Medicine

       The conferees remain concerned about rising personnel 
     costs, especially health care costs, as a percent of the 
     total Department budget. Eliminating or reducing health care 
     services to our military members, retirees, and their 
     families, however, is not a viable alternative to reigning in 
     future increases in health care costs. As such, the conferees 
     applaud the preventive medicine programs being undertaken by 
     the tri-service community, and see these programs as vital to 
     controlling the rising costs of treating diseases, including 
     cardiovascular diseases, cancer, and diabetes. The conferees 
     encourage the continuation and future development of programs 
     that stress early detection and individual lifestyle changes 
     to promote a healthier military community.

                           Chiropractic Care

       The conferees note military personnel receive chiropractic 
     health care benefits. Further, chiropractic medicine is an 
     established and sought after form of treatment in military 
     medical facilities. The conferees, therefore, encourage the 
     Army to evaluate establishing a research facility that 
     supports chiropractic medicine for military applications.

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[[Page 29710]]

                 Advanced Submarine System Development

       The conference agreement includes a program reduction of 
     $20,000,000 as proposed by the Senate. In fiscal year 2006 
     budget deliberations, the Department of Defense added 
     $600,000,000 over the future years defense plan (FYDP) for 
     development of an advanced undersea superiority system. The 
     conferees reduce this project by $20,000,000, and direct the 
     Office of the Secretary of Defense, in consultation with the 
     Department of the Navy, to submit a comprehensive plan 
     describing the scope, objectives, schedules, and project 
     costs for this program over the FYDP. In addition, the report 
     should discuss how these additional efforts fit in with 
     ongoing Navy and DARPA programs in both advanced submarine 
     development and antisubmarine warfare. This plan should be 
     submitted to the congressional defense committees not later 
     than March 1, 2006.

                   Joint Tactical Radio System--Navy

       The conference agreement includes a reduction of 
     $80,800,000 to the Joint Tactical Radio System (JTRS)--Navy 
     program, instead of $50,766,000 as proposed by the House and 
     $30,000,000 as proposed by the Senate. The conferees agree 
     that none of this reduction should be applied against the 
     Multifunctional Information Distribution System (MIDS) 
     project.

           University National Ocean Laboratory System Fleet

       The conferees agree that, if funds are requested in fiscal 
     year 2007 for recapitalization of the University National 
     Ocean Laboratory System (UNOLS) fleet of research vessels, 
     such funds should be requested in the Shipbuilding and 
     Conversion, Navy (SCN) appropriation.

                        Military Dental Research

       The conferees remain deeply concerned about the provision 
     of quality medical care to our injured troops as they return 
     from conflict in Iraq and Afghanistan. Head and neck trauma 
     account for almost 50 percent of these injuries and are 
     presenting the most difficult long-term morbidity challenges, 
     particularly for our military's oral surgeons. Army and Naval 
     researchers at the U.S. Army Dental Trauma and Research 
     Detachment at the Great Lakes facility are developing 
     innovative protective equipment and rapid-read diagnostic 
     tests to help reduce the severity and number of casualties. 
     The conferees are encouraged by this research and provide 
     $3,400,000 to further the development of these and other 
     protective measures.

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[[Page 29731]]

                              Space Radar

       The conferees have reviewed the authorization and 
     appropriation language of the various committees of 
     jurisdiction for the Space Radar program and note that there 
     appears to be broad congressional consensus on many key 
     issues. First, in the absence of a major breakthrough, there 
     is significant across the board concern regarding the 
     ultimate cost and affordability of the Space Radar program. 
     Second, there is concern about the space acquisition 
     workforce and the Air Force and industry's ability to manage 
     expensive and complicated satellite programs such as Space 
     Radar. Finally, there is broad agreement that the Air Force 
     should place greater emphasis on maturing technologies, 
     seeking out new technical breakthroughs, experimenting with 
     existing radar assets (such as airborne surrogates), and 
     developing critical ground processing capabilities instead of 
     focusing so heavily on near term satellite system 
     development. The conferees agree that the funds provided are 
     only for the elements of congressional consensus described 
     above. Further, the conferees agree with the House direction 
     requiring submission of a spend plan prior to obligation of 
     fiscal year 2006 funds.

                     Transformational SATCOM (TSAT)

       The conferees support the Defense Department's concept for 
     global high-speed communications and recognize the value that 
     TSAT-like capabilities would provide to world-wide military 
     operations. However, the conferees are concerned about the 
     state of technical maturity for the key subsystems and do not 
     support the program's aggressive schedule for acquisition. 
     The conferees are also concerned that DoD may have 
     prematurely ruled out the possibility of evolving Advanced 
     EHF (AEHF) and the Wideband Gapfiller System (WGS) programs 
     to provide TSAT-like capabilities. Therefore, the conferees 
     agree to reduce the program by $400,000,000 and direct the 
     program to focus on technology maturation for the key 
     subsystems, particularly laser communications and the 
     processor router. Transition to a formal acquisition program 
     should be deferred until the technologies are mature and have 
     been demonstrated in a relevant environment.
       Of the remaining $436,769,000, the conferees direct that no 
     more than $316,769,000 may be obligated until DoD submits to 
     the congressional defense committees the results of an 
     independent review that: (1) determines whether additional 
     AEHF or WGS satellites will be required and how many; and (2) 
     whether it is feasible, taking into consideration cost, risk, 
     contract requirements, and other factors, to insert advanced 
     capabilities by evolving the AEHF or WGS programs. In the 
     event the Department determines a fourth AEHF is required, 
     $120,000,000 shall be available for advance procurement and 
     research and development activities in support of the fourth 
     AEHF. In the event the Defense Department determines a fourth 
     AEHF is not required, the $120,000,000 shall be available to 
     support expanded system development and maturation of the key 
     TSAT technologies.

               Joint Unmanned Combat Air Systems (J-UCAS)

       The conferees are concerned over whether the Navy and Air 
     Force share the same requirements and concept of operations 
     for the J-UCAS. Given that the Department of Defense proposes 
     to make substantial investments in the J-UCAS program, 
     exceeding $5 billion for development alone, it is important 
     to ensure from the outset that there is stability in the 
     program. Given these concerns, the conferees have reduced the 
     budget request by $40,090,000 and direct the Department of 
     Defense to conduct an independent study to objectively review 
     the J-UCAS program for both Navy and Air Force technical, 
     military operations, and test and evaluation requirements, as 
     well as options for cost savings. The conferees direct that 
     the report include a schedule and budget for the J-UCAS 
     program, to include entering system development and 
     demonstration, and an evaluation of the Air Force as the 
     Executive Agent. The conferees further direct that the report 
     provide an analysis and recommendation on whether the Air 
     Force and Navy programs are sufficiently different in their 
     respective requirements and level of development to merit 
     separation into service unique programs. The report should be 
     provided to the congressional defense committees not later 
     than May 3, 2006.

                   Combat Search and Rescue (CSAR-X)

       The conferees are concerned that a major development effort 
     for the CSAR-X program could be cost prohibitive and would 
     not yield a sufficient number of helicopters to replace the 
     Air Force's current aging fleet in a timely manner. Due to 
     these concerns, the conferees expect the Air Force to select 
     an existing aircraft that will require minimum research and 
     development to field and that presents an overall ``best 
     value'' to the government, giving full consideration to 
     military utility and costs in the contract selection process. 
     The conferees agree to reduce the request by $42,000,000 due 
     to a delay in the request for proposal and contract award 
     date. The conferees further agree to restrict $66,069,000, of 
     the available $71,825,000, pending the submission of a report 
     to the congressional defense committees with detailed cost 
     and schedule estimates for development and production. The 
     report shall be submitted following contract award and also 
     include estimated operation and support costs, necessary 
     military configuration modifications, and a test and 
     evaluation plan.

   Joint Surveillance and Target Attack Radar System (JointSTARS) Re-
                                Engining

       The conferees have provided $12,500,000 to begin the non-
     recurring engineering (NRE) activities associated with re-
     engining the JointSTARS aircraft fleet and expect the 
     Secretary of the Air Force to include funding for NRE 
     activities in the FY 2007 budget request. The conferees note 
     that in January 2005 the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics announced the 
     Department's intent to request updated quotes from industry 
     on the costs to modify JointSTARS aircraft with new engines, 
     and that the Department is currently in the process of 
     evaluating these quotes. Upon completion of this activity, 
     the conferees direct the Secretary of the Air Force to submit 
     to the congressional defense committees an evaluation of 
     potential development and acquisition options for re-engining 
     all or part of the JointSTARS aircraft fleet.

            Real-Time Measurement Weight and Balance System

       The conferees direct the Under Secretary of Defense, 
     Comptroller, to transfer fiscal year 2005 Air Force Research, 
     Development, Test and Evaluation funding for the ``Real-Time 
     Measurement Weight and Balance System'' to Research, 
     Development, Test and Evaluation, Navy, Line 182, Aviation 
     Improvements.

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[[Page 29756]]

                            Initiative Funds

       The conferees direct the Secretary of Defense to provide 
     quarterly reports beginning the first fiscal quarter after 
     the enactment of this Act to the congressional defense 
     committees detailing the specific programs that are funded 
     from the Quick Reaction Special Projects, the Counter 
     Terrorism Technology Support Program and the Combating 
     Terrorism Technology Task Force funds. The reports should 
     include project descriptions with their respective schedule 
     and funding requirement, transition plans to the services for 
     further development and lessons learned from completed 
     projects. The conferees further direct the Secretary to 
     provide the reports to the Director of National Intelligence 
     and the Secretary of Homeland Security.

                Chemical and Biological Defense Program

       The conference agreement provides an increase of 
     $21,000,000 for the Chemical and Biological Defense 
     Initiative. The Secretary of Defense is directed to allocate 
     these funds among the programs that yield the greatest gain 
     in our chem-bio defensive posture. The conferees further 
     direct that such funds may not be obligated until 15 days 
     after a report, including a description of projects to be 
     funded, is provided to the congressional defense committees.

                     Operationally Responsive Space

       The conference agreement includes an increase of 
     $39,000,000 for Operationally Responsive Space (ORS) 
     projects. Of this amount, $20,000,000 is only for 
     standardized bus development, and $19,000,000 is only for 
     operationally responsive payload development.

                       Asymmetric Missile Threat

       The conferees are increasingly concerned about the 
     possibility of an asymmetric missile threat against the 
     United States homeland where terrorists would move short-
     range missiles closer to the United States on sea-based 
     platforms. The conferees recommend $10,000,000 to conduct a 
     comprehensive analysis on the need for and deployment of an 
     asymmetric missile defense capability, including both land 
     and sea-based solutions, against the full range of asymmetric 
     missile threats. Accordingly, the Director of the Defense 
     Intelligence Agency shall provide a report to the 
     congressional defense committees not later than March 1, 
     2006, which examines this threat and assesses its validity. 
     Based on those findings, the Director of the Missile Defense 
     Agency, in consultation with U.S. Northern Command and U.S. 
     Strategic Command, shall provide a report to the 
     congressional defense committees not later than June 1, 2006, 
     that provides its recommendations for deployment options of 
     an asymmetric missile defense capability that would protect 
     population centers, use mature technologies, and include 
     progressions for spiral technology upgrades that would 
     enhance missile defense capabilities over time.

                       Kinetic Energy Interceptor

       The conference agreement provides $215,952,000 for the 
     Kinetic Energy Interceptor instead of $202,246,000 as 
     proposed by the House and $104,952,000 as proposed by the 
     Senate. The conferees direct the Missile Defense Agency to 
     execute the program as proposed in the fiscal year 2006 
     President's Budget.

                                 NFIRE

       The conferees encourage the Missile Defense Agency to 
     continue development and mission integration of the 
     deployable NFIRE Kill Vehicle.

                       High Performance Computing

       The Fiscal Year 2002 Defense Appropriations Act directed 
     the Secretary of Defense to submit a development and 
     acquisition plan for a comprehensive, long-range, integrated, 
     high-end computing program to Congress by July 1, 2002. The 
     report, ``High Performance Computing for the National 
     Security Community'', was submitted to Congress on April 9, 
     2003. The letter accompanying the report stated that, ``Over 
     the next 6 months, the Department will develop an appropriate 
     implementation plan for high-end computing, working in close 
     coordination with other government agencies.'' The conferees 
     are concerned that the Department has not developed an 
     implementation plan as promised. Therefore, the conferees 
     direct the Office of the Secretary of Defense to submit to 
     Congress no later than 90 days after enactment of this Act a 
     report outlining plans for implementing and funding the 
     Integrated High-End Computing (IHEC) Program and for creating 
     a Joint Program Office to oversee the program. The conferees 
     encourage the Secretary of Defense to include and fully fund 
     a complete IHEC program in the President's Budget for FY 
     2007.

                        Identity Authentication

       The conferees are aware that the Department of Defense has 
     a pressing need to acquire and deploy systems that 
     authenticate the identities of individuals seeking access to 
     its installations. The conferees believe that acquisition of 
     such systems should be based on sound performance 
     requirements and take advantage of the innovation and 
     capabilities of the commercial marketplace. Such systems 
     should draw on a variety of bona fide data sources (including 
     those maintained by the Department) to permit access only to 
     those who require it.

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[[Page 29758]]

                TITLE V--REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       The conferees recommend an appropriation of $1,154,940,000 
     for the Defense Working Capital Funds as proposed by the 
     Senate instead of $1,154,340,000 as proposed by the House.

                     National Defense Sealift Fund

        The conferees agree to provide a total of $1,089,056,000 
     for the National Defense Sealift Fund instead of 
     $1,599,459,000 as proposed by the House and $579,954,000 as 
     proposed by the Senate.
        The conference agreement on items addressed by either the 
     House or the Senate is as follows:

                                    EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                 Budget
                                                                Request       House        Senate     Conference
----------------------------------------------------------------------------------------------------------------
T-AKE                                                             380,143      714,143            0      380,143
    Procure one additional ship.............................  ...........      384,000  ...........            0
    Reduce basic construction and contract renegotiation      ...........      -50,000  ...........            0
     costs..................................................
    Premature Request.......................................  ...........  ...........     -380,143            0
DOD Strategic Vessel Modernization                                764,187      389,400      126,987      264,187
    MPS Lease Buyout........................................  ...........     -374,787     -637,200      -500,00
Sealift R&D                                                       103,057       94,799       80,567       72,309
    MPF(F) acquisition and management overhead..............  ...........       -7,301  ...........       -7,301
    Sealift concept studies.................................  ...........         -957  ...........         -957
    TAOE(X).................................................  ...........  ...........      -22,490      -22,490
----------------------------------------------------------------------------------------------------------------

                    T-AKE Dry Cargo/Ammunition Ship

       The conferees agree to provide $380,143,000 to purchase one 
     T-AKE cargo ship, as requested by the Department of Defense. 
     The House version of the bill included additional funds to 
     purchase one more T-AKE ship, whereas the Senate proposed 
     eliminating funding for this program.
       The conferees understand that approving the Department's 
     request will likely cause a break in the contract between the 
     Navy and the shipbuilder. As such, the conferees intend to 
     closely monitor possible contract renegotiations on this 
     program to ensure that any cost increases are justified by 
     legitimate changes in Navy requirements or other legitimate 
     equitable adjustments.

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[[Page 29763]]

         Reprogramming Guidance for the Defense Health Program

       Any additional funds provided by the conferees for programs 
     and/or activities above the budget request are to be 
     considered as congressional special interest items for the 
     purpose of the Base for Reprogramming Form (DD 1414). 
     Therefore, each of these items must be submitted to the 
     Subcommittee on Military Quality of Life and Veterans 
     Affairs, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate on a DD 1414 at the stated amount.

 Reprogramming Guidance for the Direct (In-House) Care Budget Activity

       The conferees remain concerned regarding the transfer of 
     funds from Direct (or In-house) Care to pay for contractor-
     provided medical care. To limit such transfers and continue 
     oversight within the Defense Health Program operation and 
     maintenance account, the conferees have included bill 
     language which limits the funds available for Private Sector 
     Care under the TRICARE program subject to prior approval 
     reprogramming procedures. In addition, the conferees also 
     designate the funding for the Direct Care System as a special 
     interest item, as defined elsewhere in this report. Any 
     transfer of funds from the Direct (or In-house) Care budget 
     activity into the Private Sector Care Budget activity will 
     require the Department of Defense to follow prior approval 
     reprogramming procedures. The bill language and accompanying 
     report language included by the conferees should not be 
     interpreted by the Department as limiting the amount of funds 
     that may be transferred to the direct care system from other 
     budget activities within the Defense Health Program.
        In addition, the conferees direct the Department of 
     Defense to provide budget execution data for all of the 
     Defense Health Program accounts. Such budget execution data 
     shall be provided quarterly through the DD-COMP(M) 1002 
     accounting form and delivered to the Subcommittee on Military 
     Quality of Life and Veterans Affairs, and Related Agencies of 
     the Committee on Appropriations of the House of 
     Representatives and the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate not later than one 
     week after the conclusion of the quarter.

                          Private Sector Care

       During the fiscal year 2006 budget briefs the documentation 
     presented was wrought with errors making it extremely 
     difficult to follow specifics regarding the total program 
     requirement. Therefore, the conferees direct the Department 
     to notify the Subcommittee on Military Quality of Life and 
     Veterans Affairs, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate on the movement of dollars within the private 
     sector care budget activity group on a quarterly basis 
     beginning in the first quarter of fiscal year 2006. The 
     quarterly reports are to be delivered not later than one week 
     after the conclusion of the quarter.

    GAO Report Request on the Department of Defense Pharmacy Program

       The conferees direct that the Government Accountability 
     Office (GAO) conduct a review of the Department of Defense's 
     Pharmacy Program. The review should include, but not be 
     limited to the following: (1) Federal pricing controls 
     implemented for retail pharmacy; (2) pharmacy growth above 
     inflation, increased demand and utilization; (3) comparison 
     of to the National rate and the Department of Defense rate 
     and; (4) assumed savings in fiscal years 2005, 2006 and 2007 
     from Federal pricing. Further, the review should be made 
     available to the congressional defense committees not later 
     than April 1, 2006.

                 Peer Reviewed Medical Research Program

       The Senate recommended $50,000,000 for a Peer Reviewed 
     Medical Research program. The conferees agree to provide 
     $50,000,000 for this program, and recommend the following 
     projects as candidates for study: advanced proteomics; 
     alcoholism research; autism; blood-related cancer research 
     such as leukemia, lymphoma, and multiple myeloma; childhood 
     asthma; chronic pain and fatigue research; childhood cancer 
     research; diabetes research; Duchenne's disease research; eye 
     and vision research; fibromyalgia; Interstitial Cystitis 
     Syndrome; kidney cancer research; Lupus Research; 
     osteoporosis and bone-related diseases; polycystic kidney 
     disease; pulmonary hypertension; Padget's disease; post 
     traumatic stress disorders; social work research; and 
     autoimmune diseases such as scleroderma and Sjogren's 
     syndrome.
       The conferees direct the Department to provide a report by 
     March 1, 2006, on the status of this Peer Reviewed Medical 
     Research Program.

            Defense and Veterans Head Injury Program Funding

       The conferees are concerned with the management of the 
     funds for the Defense and Veterans Head Injury Program 
     (DVHIP). Therefore the conferees direct that the President's 
     Budget request of $7,000,000 for DVHIP, as well as any other 
     funds directed to this program, be transferred from the 
     Uniformed Services University of the Health Science (USUHS) 
     to the Army Medical Research and Materiel Command (AMRMC) at 
     Fort Detrick beginning in fiscal year 2006.

     Blast Injury Prevention, Mitigation, and Treatment Initiative

       The Military Health System has seen an increase in the 
     number of traumatic brain and head injuries to servicemembers 
     as a result of ongoing combat operations. Therefore, the 
     conferees have provided $12,600,000 for the Blast Injury 
     Prevention, Mitigation, and Treatment Initiative to increase 
     research, diagnosis and treatment for servicemembers 
     afflicted with these types of injuries. The conferees also 
     expect the Defense and Veterans Head Injury Program (DVHIP) 
     to have a substantial role in the use of these funds as the 
     DVHIP has been an integral part of research, diagnosis, and 
     treatment since 1991.

                   Smoking and Tobacco Use Cessation

       The House and Senate both expressed concern over the costs 
     associated with smoking and tobacco cessation products and 
     that they are not reimbursable under TRICARE Prime. 
     Additionally, the conferees are concerned that the Department 
     has not been aggressively incorporating suggested pilot 
     programs.
        The conferees direct the Department to report to the 
     congressional defense committees not later than March 1, 2006 
     on the Department's plan to address these concerns. The 
     report should include, but not be limited to, the following 
     subjects:
       --Pilot projects to be incorporated with the TRICARE Prime 
     benefit;
       --Measures that will be taken by the military services to 
     expedite tobacco use prevention and cessation programs 
     available to all military personnel;
       --A plan that the Secretary of Defense determines 
     appropriate for improving the out of pocket costs to military 
     personnel for smoking cessation products; and
       --A plan for continuing the ``Healthy Choices for Life'' 
     demonstration program.

  Directed Mission Upgrades of the Defense Medical Logistics Standard 
                         Support System (DMLSS)

       The Department of Defense has mandated that its suppliers 
     use Radio Frequency Identification (RFID) on all cases in the 
     supply chain by 2008. For this to happen, RFID technology 
     must be integrated into the DMLSS by January 1, 2007. The 
     conferees are disturbed that the Office of the Secretary of 
     Defense (OSD) mandated this policy initiative while at the 
     same time allowing the TRI--CARE Management Activity to cut 
     the budget for this program in fiscal year 2006. This action 
     reduces the DMLSS development budget for new capabilities and 
     defers development to fiscal year 2010 and deployment to 
     fiscal year 2011.
       Therefore, the conferees have provided $4,300,000 to help 
     prevent this program from slipping further and direct the 
     Department to fully fund this initiative in the fiscal year 
     2007 budget and beyond to ensure the Department's established 
     goal is reached.

            Special Mental Health Care--TRICARE South Region

       The conferees are aware of the growing need for post 
     traumatic stress disorder (PTSD) and special mental health 
     care treatment and the growing number of Active and Reserve 
     Component soldiers returning to the southeast region 
     requiring such specialized care. The conferees direct the 
     Assistant Secretary of Defense for Health Affairs, in 
     conjunction with the TRICARE Regional Director for the South 
     to report, not later than March 1, 2006 to the congressional 
     defense committees with a plan to expand existing 
     capabilities to ensure that potential regional PTSD and 
     related mental health challenges in this area are adequately 
     addressed, to include Phoebe Putney Memorial Hospital.

                         DoD/VA Patient Records

       The conferees are aware that the Department of Defense and 
     the Department of Veterans Affairs do not presently share in 
     real time the medical records of patients that transfer 
     between their two systems, despite existing technology which 
     could allow such sharing. The conferees are concerned that 
     patient care may be compromised as a result and understand 
     that the Navy has proposed a memorandum of understanding 
     (MOU) between Bethesda Naval Hospital and a regional 
     polytrauma VA hospital to allow two physicians at each 
     institution to have unlimited electronic access to the 
     medical records of patients they have shared or are about to 
     share. The conferees direct the Secretaries of Defense and 
     Veterans Affairs to establish a similar system of medical 
     record sharing which will allow physicians at Bethesda, 
     Walter Reed or other DoD medical facilities, and hospitals in 
     the VA system real time access to the records of their 
     patients at each of the other institutions.
       The conferees further direct the Secretary of Defense and 
     the Secretary of Veterans Affairs to report to the 
     congressional defense committees not later than April 1, 2006 
     on a plan, including cost, to achieve medical record sharing.

[[Page 29764]]

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[[Page 29765]]

     TH19DE05.225
     


[[Page 29766]]

         Blue Grass and Pueblo Chemical Demilitarization Sites

       The conferees have provided up to $51,000,000 in Chemical 
     Agents and Munitions Destruction, Army, R&D funding to 
     support planning, design, and construction of facilities at 
     the Blue Grass and Pueblo Chemical Demilitarization sites. 
     The conferees note this is a one-time exception to assist the 
     Department of Defense to re-start the critical work that must 
     be accomplished at these two sites in order for the Nation to 
     comply with the Chemical Weapons Convention (CWC) Treaty. 
     Further, the conferees direct the Department of Defense to 
     request the appropriate authorizations and appropriations in 
     order to continue and complete the Blue Grass and Pueblo 
     sites, and that these requirements be reflected in its fiscal 
     year 2007 budget submission.

         Drug Interdiction and Counter-Drug Activities, Defense

       The conference agreement includes $917,651,000 for ``Drug 
     Interdiction and Counter-Drug Activities, Defense'' as 
     opposed to $906,941,000 as proposed by the House and 
     $926,821,000 as proposed by the Senate. Adjustments to the 
     budget request are as follows:

                              DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES DEFENSE
                                            (In thousands of dollars)
----------------------------------------------------------------------------------------------------------------
                                                                 Budget       House        Senate     Conference
                                                                895,741      906,941      926,821      917,651
----------------------------------------------------------------------------------------------------------------
Recommended Increases:
    Southwest Border Fence..................................  ...........        5,000  ...........        3,500
    Multi-jurisdictional Counter-Drug Task Force Training...  ...........        3,500  ...........        3,000
    Florida National Guard Counter-Drug Activities..........  ...........        3,000  ...........        2,600
    Young Marines...........................................  ...........        2,700  ...........        2,500
    Indiana National Guard Counter-Drug Activities..........  ...........        1,000  ...........            0
    Nevada National Guard Counter-Drug RAID Program.........  ...........        3,500        3,500        3,500
    Project Athena Beta Site (note: moved to RDTE,N line 79)  ...........        2,500  ...........            0
    Alaska National Guard Counterdrug Program...............  ...........  ...........        3,000        2,600
    Hawaii National Guard Counterdrug Program...............  ...........  ...........        3,100        2,685
    Appalachia High Intensity Trafficking Area..............  ...........  ...........        2,000        1,400
    West Virginia National Guard Counterdrug Program........  ...........  ...........        3,000        2,600
    Kentucky National Guard Counterdrug and HIDTA Program...  ...........  ...........        3,600        2,520
    New Mexico National Guard Counterdrug Program...........  ...........  ...........        4,000        2,800
    Regional Counterdrug Training Academy, Mississippi......  ...........  ...........        1,500        1,325
    Northeast Regional Counterdrug Training Center..........  ...........  ...........        4,000        2,800
    Midwest Regional Counterdrug Training Center............  ...........  ...........        6,000        4,200
    National Guard Counterdrug Support......................  ...........  ...........       25,000       18,000
Recommended Reductions:
    ADNET...................................................  ...........       -1,000  ...........       -1,000
    RINGGOLD................................................  ...........       -1,000  ...........       -1,000
    OCONUS OPS Support......................................  ...........       -2,000  ...........            0
    ROTHR...................................................  ...........       -2,000  ...........       -2,000
    ISR/AEW/Tanker Support..................................  ...........         -500  ...........         -500
    SOF CN Support..........................................  ...........       -1,500  ...........       -1,000
    SOUTHCOM CN Operational Support.........................  ...........       -2,000  ...........       -1,000
    PC 9220 Afghanistan (note: moved to Title IX)...........  ...........  ...........       -3,900       -3,900
    PC 4101 CENTCOM CN HQ Support (note: moved to Title IX).  ...........  ...........       -4,400       -4,400
    PC 6503 SOF CN Support--CENTCOM (note: moved to Title     ...........  ...........         -920         -920
     IX)....................................................
    PC 9204 CENTCOM CN OPS Support (note: moved to Title IX)  ...........  ...........       -6,200       -6,200
    PC 9213 CENTCOM CN Reserve Support (note: moved to Title  ...........  ...........         -600         -600
     IX)....................................................
    PC 9495 Enhanced CENTCOM Support (note: moved to Title    ...........  ...........      -11,600      -11,600
     IX)....................................................
----------------------------------------------------------------------------------------------------------------

                    Office of the Inspector General

        The conferees have agreed to provide a total amount of 
     $209,687,000 for the Office of the Inspector General. Of this 
     amount, $208,687,000 shall be for operation and maintenance, 
     and $1,000,000 shall be for procurement.

                      TITLE VII--RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       The conference agreement provides $244,600,000 for payment 
     to the Central Intelligence Agency Retirement and Disability 
     System Fund, as proposed by both the House and the Senate.

               Intelligence Community Management Account


                     (Including Transfer of Funds)

       The conference agreement provides $422,344,000 for the 
     Intelligence Community Management Account, instead of 
     $376,844,000 as proposed by the House and $413,344,000 as 
     proposed by the Senate.
       The conference agreement provides for a transfer of 
     $39,000,000 to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, the 
     same amount proposed by the House.

                     TITLE VII--GENERAL PROVISIONS

        The conference agreement incorporated general provisions 
     of the House and Senate versions of the bill which were not 
     amended. Those general provisions that were amended in 
     conference follow:
       The conferees include a general provision (Section 8005) 
     which amends language, as proposed by the House and the 
     Senate, that increases the level of general transfer 
     authority for the Department of Defense.
       The conferees include a general provision (Section 8008) 
     which amends language, as proposed by the House and the 
     Senate, concerning multi-year procurement authority. The 
     conference agreement provides multi-year procurement 
     authority for UH-60/MH-60 helicopters, Apache Block II 
     Conversions, Modernized Target Acquisition Designation Sight/
     Pilot Night Vision Sensor (MTADS/PNVS), and C-17 Aircraft.
       The conferees include a general provision (Section 8026) 
     which amends language, as proposed by the House and Senate, 
     with respect to Federally Funded Research and Development 
     Centers.
       The conferees include a general provision (Section 8028) 
     which amends language, as proposed by the House and Senate, 
     which expands the definition of the congressional defense 
     committees for accounts under the jurisdiction of the 
     Subcommittee on Military Quality of Life and Veterans 
     Affairs, Related Agencies of the Committee on Appropriations 
     of the House of Representatives.
       The conferees include a general provision (Section 8044) 
     which amends language, as proposed by the House and Senate, 
     which provides that of the funds available under ``Operation 
     and Maintenance, Defense-Wide'', the Office of Economic 
     Adjustment is authorized to make grants.
       The conferees include a general provision (Section 8045) 
     which amends language, as proposed by the House and Senate, 
     recommending rescissions. The rescissions agreed to are:


                             (rescissions)

2004 Appropriations:
  Missile Procurement, Army:
    LOSAT...................................................$20,000,000
2005 Appropriations:
  Missile Procurement, Army:
    LOSAT....................................................14,931,000
  Other Procurement, Army:
    Joint Tactical Radio System..............................68,637,000
  Aircraft Procurement, Navy:
    V-22 (AP)................................................16,800,000
  Shipbuilding and Conversion, Navy:
    Service Craft............................................21,000,000
    LCU(X)....................................................5,900,000
    SSN ERO..................................................15,300,000
  Other Procurement, Navy:
    SSBN SHIPALT.............................................43,000,000
  Procurement, Marine Corps:
    AN/UXC-10 Digital Facsimile (TS-21 Blackjack Marine Corps)4,300,000
  Missile Procurement, Air Force:
    EELV AEHF Satellite Launcher.............................92,000,000
  Other Procurement, Air Force:
    Classified Programs.......................................3,400,000
  Research, Development, Test and Evaluation, Army:
    APKWS Simulator Upgrade...................................4,300,000
  Research, Development, Test and Evaluation, Navy:
    BAMS/UAV.................................................31,700,000
    Development of Next Generation Technology for the Inspection of 
      Aircraft Engines, Diagnostics and Repair................1,055,000
  Research, Development, Test and Evaluation, Air Force:
    Classified Programs......................................63,400,000

        The conferees include a general provision (Section 8079) 
     which amends language, as proposed by the House and Senate, 
     to provide for the waiver of payment for the lease of 
     personal property for certain non-profit organizations.
       The conferees include a general provision (Section 8084) 
     which amends language, as

[[Page 29767]]

     proposed by the House, to provide funds for additional Fisher 
     Houses.
        The conferees include a general provision (Section 8086) 
     which amends language, as proposed by the House and the 
     Senate, to reduce funds available in Operation and 
     Maintenance accounts by $265,000,000 for excessive growth in 
     other contracted services.
       The conferees include a general provision (Section 8087) 
     which amends language, as proposed by the House and the 
     Senate, to reduce funds available in Operation and 
     Maintenance accounts by $100,000,000 for excessive growth in 
     advisory and assistance services.
       The conferees include a general provision (Section 8088) 
     which amends language, as proposed by the House and Senate, 
     concerning the Arrow missile defense program. The conference 
     agreement provides a total of $132,866,000 for the Arrow 
     program of which $60,250,000 is earmarked for missile 
     component co-production, and $100,000,000 is earmarked only 
     for a joint feasibility study on a Short Range Ballistic 
     Missile Defense initiative.
        The conferees include a general provision (Section 8094) 
     which amends language, as proposed by the House and Senate, 
     to reduce amounts available in title II by $250,000,000 to 
     reflect cash balance and rate stabilization adjustments.
       The conferees include a general provision (Section 8095) 
     which amends language, as proposed by the House, to provide 
     funds for a grant to the Center for Military Recruitment, 
     Assessment and Veterans Employment.
        The conferees include a general provision (Section 8097) 
     which amends language, as proposed by the Senate, to provide 
     up to $2,125,000 from funds available in ``Operation and 
     Maintenance, Navy'' in this Act for the Pacific Missile Range 
     Facility to contract for the repair, maintenance, operation 
     of off-base water, drainage, flood control, electrical 
     upgrades, and for a range footprint expansion.
       The conferees include a general provision (Section 8098) 
     which amends language, as proposed by the House and the 
     Senate, which provides $33,350,000 for grants to various 
     organizations.
       The conferees include a new general provision (Section 
     8099) which provides that, subject to certain limitations, 
     the Secretary of the military department concerned may make a 
     military working dog available for adoption by its former 
     handler.
       The conferees include a general provision (Section 8105) 
     which amends language, as proposed by the House, which 
     earmarks up to $7,000,000 from funds available in ``Operation 
     and Maintenance, Army'' only for improvements on Fort Irwin 
     Road, and which earmarks $4,800,000 from funds available in 
     ``Operation and Maintenance, Marine Corps'', for a grant to 
     widen and make safety improvements on Adobe Road.
       The conferees include a general provision (Section 8108) 
     which amends language, as proposed by the House and Senate, 
     regarding transfer authority for Navy ship construction 
     programs. The amendment allows up to $100,000,000 in special 
     transfer authority. This authority is provided to the 
     Secretary of Defense, and requires prior notification to the 
     Congress.
       The conferees include a general provision (Section 8111) 
     which amends language, as proposed by the House and the 
     Senate, which reduces $361,000,000 from certain procurement 
     accounts.
       The conferees include a general provision (Section 8117) 
     which amends language, as proposed by the Senate, which makes 
     certain findings regarding past budgeting for ongoing 
     military operations, and expresses a sense of the Senate that 
     funding for continuing military operations beyond fiscal year 
     2006 should be included in the annual budget request; that 
     the President should submit a budget request for fiscal year 
     2006 providing estimates for ongoing military operations 
     overseas; and that funds provided for ongoing military 
     operations should be provided in specific appropriations 
     accounts.
       The conferees include a general provision (Section 8118) 
     which amends language, as proposed by the Senate, which 
     amends section 351 of the Ronald W. Reagan National Defense 
     Authorization Act for fiscal year 2005 directing 
     reimbursement to members of the military for the cost of 
     certain protective, safety, or health equipment purchased by 
     or for members of the Armed Forces for deployment in 
     Operation Noble Eagle, Operation Iraqi Freedom, and Operation 
     Enduring Freedom; adding certain items eligible for 
     reimbursement; and extending the authorized time frame for 
     purchase of equipment eligible for reimbursement until April 
     1, 2006.
       The conferees include a general provision (Section 8120) 
     which amends language, as proposed by the Senate, which 
     requires the Secretary of Defense to report on the status of 
     the implementation of the recommendations of the Government 
     Accountability Office (GAO) report concerning the transition 
     assistance program (TAP).
       The conferees include a general provision (Section 8124) 
     which amends language, as proposed by the Senate, to increase 
     the rate of basic pay of the senior enlisted advisor for the 
     Chairman of the Joint Chiefs of Staff.
       The conferees include a new general provision (Section 
     8125) which reduces funding provided in titles II, III, and 
     IV of this Act by a total of $771,300,000 to reflect savings 
     from revised economic assumptions.
       The conferees include a new general provision (Section 
     8127) which provides authorization for the Secretary of 
     Defense to prescribe regulations to clarify gift acceptance 
     policy for injured service members and their families.
       The conferees include a new general provision (Section 
     8128) which amends the Alaska Natural Gas Pipeline Act to 
     provide for a technical correction.
       The conferees include a new general provision (Section 
     8129) which allows the U.S. Capitol attending physician to 
     continue on active duty.
       The conferees include a new title X concerning matters 
     relating to detainees, the ``Detainee Treatment Act of 
     2005''.

                  TITLE IX--ADDITIONAL APPROPRIATIONS

       The following table provides details of the supplemental 
     appropriations in this title.

[[Page 29768]]

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[[Page 29769]]

     TH19DE05.227
     


[[Page 29770]]

                         Reporting Requirements

       The conferees direct the Secretary of Defense to provide a 
     report to the congressional defense committees within 30 days 
     of enactment of this legislation on the allocation of the 
     funds within the accounts listed in this title. The Secretary 
     shall submit updated reports 30 days after the end of each 
     fiscal quarter until funds listed in this title are no longer 
     available for obligation. The conferees direct that these 
     reports shall include: a detailed accounting of obligations 
     and expenditures of appropriations provided in this title by 
     program and subactivity group for the continuation of the war 
     in Iraq and Afghanistan; and a listing of equipment procured 
     using funds provided in this title. The conferees expect that 
     in order to meet unanticipated requirements, the Department 
     of Defense may need to transfer funds within these 
     appropriation accounts for purposes other than those 
     specified in this report. The conferees direct the Department 
     of Defense to follow normal prior approval reprogramming 
     procedures should it be necessary to transfer funding between 
     different appropriations accounts in this title.
       Additionally, the conferees direct that the bi-annual 
     reporting requirements of section 9010 of Public Law 108-287, 
     the Department of Defense Appropriations Act, 2005, regarding 
     the military operations of the Armed Forces and the 
     reconstruction activities of the Department of Defense in 
     Iraq and Afghanistan shall apply to the funds appropriated in 
     this Act.

                           Military Personnel

       The following table provides details of the supplemental 
     appropriations in this title.

[[Page 29771]]

     TH19DE05.228
     


[[Page 29772]]

                       Operation and Maintenance

       The following table provides details of the supplemental 
     appropriations in this title.
    

[[Page 29773]]

TH19DE05.229



[[Page 29774]]

TH19DE05.230



[[Page 29775]]

TH19DE05.231



[[Page 29776]]

             Home Station Readiness Training and Logistics

       In this title the conferees recommend $50,000,000,000 as a 
     ``bridge fund'' in support of ongoing contingency operations 
     related to the Global War on Terror, including 
     $33,217,848,000 in the operation and maintenance accounts. 
     Substantial funding will be required to support continuing 
     combat and security operations in Afghanistan and Iraq. The 
     conferees understand that substantial amounts will be needed 
     as well in support of unit mobilizations, specialized pre-
     deployment training, transportation to and from the areas of 
     operation, home station recovery and reset, and post-
     deployment training to ensure recovery to established 
     readiness standards for full spectrum combat operations 
     around the world. Specialized training before deployment, and 
     retraining after deployment, with the associated 
     transportation, base operations, logistical, maintenance and 
     reset costs, though accrued at home station, should be 
     attributed to the continuing combat and peacekeeping 
     operations. To the extent that such training, maintenance and 
     reset activities displace normal peacetime training events, 
     the amounts provided in home station operation and 
     maintenance lines have been reduced. The Department of 
     Defense should allocate title IX operation and maintenance 
     funding accordingly, to ensure full support for pre-
     deployment and post-deployment operations, as well as for 
     continuing combat and security operations in support of the 
     Global War on Terror.

                           Iraq Freedom Fund

       The conference agreement includes $4,658,686,000 for the 
     Iraq Freedom Fund. Of this amount, $1,360,000,000 is for the 
     IED Defeat Task Force, $3,048,686,000 is for classified 
     activities described further in a classified annex to this 
     report, and $250,000,000 is for emergent needs for the Global 
     War on Terror. Additionally, the conference agreement 
     provides that up to $100,000,000 shall be available for the 
     Department of Homeland Security, ``United States Coast Guard, 
     Operating Expenses''.

                              Procurement

       The following table provides details of the supplemental 
     appropriations in this title.

[[Page 29777]]

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[[Page 29778]]

     TH19DE05.233
     


[[Page 29779]]

     TH19DE05.234
     


[[Page 29780]]

     TH19DE05.235
     


[[Page 29781]]

     TH19DE05.236
     


[[Page 29782]]

     TH19DE05.237
     


[[Page 29783]]

                  National Guard and Reserve Equipment

       The conferees agree to provide $1,000,000,000 in title IX 
     for National Guard and Reserve Equipment, to be distributed 
     as follows: $700,000,000 for the Army National Guard; 
     $200,000,000 for the Air National Guard; $100,000,000 for the 
     Army Reserve. The conferees agree that to the maximum extent 
     possible, the National Guard equipment provided in title IX 
     should be equipment identified by the Chief of the National 
     Guard Bureau to the House and Senate Appropriations 
     Committees in the September 22, 2005 document entitled 
     ``National Guard Equipment Requirements, Protecting America 
     at Home and Abroad''. The conferees direct the Chief of the 
     National Guard Bureau and the Chief of the Army Reserve to 
     submit to the congressional defense committees a report 
     specifying the items to be procured with this funding and a 
     fielding plan for this equipment not later than 30 days after 
     the enactment of this Act.

               Research, Development, Test and Evaluation

       The following table provides details of the supplemental 
     appropriations in this title.

[[Page 29784]]

     TH19DE05.238
     


[[Page 29785]]

           Interoperable Communications in Disaster Response

       The conferees recognize the need to ensure rapid and 
     uninterrupted communications between Federal, state, and 
     local first responders and the National Guard. As recently 
     demonstrated in the response to Hurricane Katrina, 
     communications breakdowns limit the Guard's ability to 
     respond effectively and rapidly in either a man-made or 
     natural disaster. The conferees fully support the National 
     Guard Bureau's initiatives to develop interoperable and 
     reliable communications. Of particular interest is the Joint 
     CONUS Communications Support Enterprise team concept. As a 
     part of this initiative, the conferees are aware that the 
     National Guard Bureau has developed a concept called the 
     National Guard Bureau Incident Area Communications Program. 
     This program would deploy a software-based solution that 
     improves interoperability by enabling disparate 
     communications devices and networks to work together. 
     Therefore, the conferees urge the Department of Defense to 
     fully fund this initiative to ensure a robust interoperable 
     solution for the National Guard to meet its first responder 
     communications needs.

                          Joint Network Nodes

       The conferees agree to provide $175,000,000 for procurement 
     of the Joint Network Nodes (JNN) program in title IX, Other 
     Procurement, Army, within the Bridge to Future Networks line. 
     The House and Senate continue to support the procurement of 
     JNN based on the Army requirement to respond to the urgent 
     needs of ground forces for tactical communications. The 
     conferees are concerned, however, that the Army is not 
     evolving its network communications programs at a 
     sufficiently fast rate from JNN to objective WIN-T 
     capability. For example, JNN funding contained in title IX 
     could resource a JNN+ capability that moves network 
     communication capability closer to the WIN-T requirement. 
     Therefore, the conferees direct the Army to submit a report 
     not later than January 15, 2006, detailing its plans to 
     procure evolutionary capability in its network communications 
     programs.

              Improvised Explosive Device Countermeasures

       The conferees support DoD efforts to provide the strongest 
     possible defense against the Improvised Explosive Device 
     (IED) threat faced in theater, and provide not less than 
     $1,360,000,000 in the Iraq Freedom Fund (IFF) for this 
     purpose. The conferees are aware of several specific Service 
     requirements along these lines and direct the Joint IED Task 
     Force to fully fund validated Army and Marine Corps 
     requirements for Backscatter Radars and related equipment, 
     and H2K ICE Jammers. In addition, the conferees direct the 
     Task Force to provide quarterly updates to the congressional 
     defense committees, to include assessments of the evolving 
     threat posed to war fighters by IEDs, individual Service 
     requirements to counter this threat, and a report on the 
     execution of funds provided to the Joint IED Task Force.
       In addition, the conferees recognize and commend the 
     ongoing effort of the Department of Defense to develop the 
     next generation of countermeasures for IEDs. Furthermore, the 
     conferees note that current counter-IED systems deployed in 
     Operation Iraqi Freedom and Operation Enduring Freedom 
     provide an important force protection capability. The 
     conferees, therefore, direct the Department to continue 
     procurement of sufficient quantities of currently deployed 
     counter-IED technologies and, where applicable, to provide 
     those systems with available upgrades.

                     General Provisions--This Title

       The conferees include a general provision (Section 9001) as 
     proposed by the House and the Senate which provides that 
     appropriations made in this title are available for 
     obligation until September 30, 2006, unless otherwise so 
     provided in this title.
       The conferees include a general provision (Section 9002) as 
     proposed by the House and the Senate which provides that 
     funds made available in this title are in addition to amounts 
     provided elsewhere in this Act.
       The conferees include a general provision (Section 9003) as 
     proposed by the Senate which provides that the Secretary of 
     Defense is permitted to transfer up to $2,500,000,000 of 
     funds made available in this title subject to certain 
     conditions and reporting requirements. The House included a 
     similar provision.
       The conferees include a general provision (Section 9004) as 
     proposed by the Senate which provides that funds appropriated 
     in title IX of this Act for intelligence activities are 
     deemed to be authorized for purposes of section 504 of the 
     National Security Act of 1947. The House included a similar 
     provision.
       The conferees include a general provision (Section 9005) as 
     proposed by the House which prohibits use of funds provided 
     in title IX to finance programs or activities denied by 
     Congress, or to initiate a new start program without prior 
     notification to the congressional defense committees. The 
     Senate included a similar provision.
       The conferees include a general provision (Section 9006) 
     which amends language as proposed by the House, which 
     provides up to $500,000,000 from funds available in this 
     title for support to military and security forces of Iraq and 
     Afghanistan. The Senate included a similar provision.
        The conferees include a general provision (Section 9007) 
     as proposed by the Senate which provides funding for the 
     Commander's Emergency Response Program and makes $500,000,000 
     available for the program from funds available in title IX. 
     The House included a similar provision.
       The conferees include a general provision (Section 9008) 
     which amends language as proposed by the Senate which 
     provides that amounts provided in this title for operations 
     in Iraq and Afghanistan may be used to purchase certain 
     armored vehicles, and requires quarterly reports. The House 
     did not address this matter.
       The conferees include a general provision (Section 9009) as 
     proposed by the House and the Senate which provides that 
     funds available to the Department of Defense for operation 
     and maintenance may be used to provide supplies, services and 
     transportation to coalition forces in Afghanistan and Iraq.
       The conferees include a general provision (Section 9010) as 
     proposed by the Senate which requires the Secretary of 
     Defense to provide quarterly reports on certain indicators 
     and measures for progress toward military and political 
     stability in Iraq. The House did not address this matter.
       The conferees delete a general provision as proposed by the 
     House and the Senate which reaffirmed that torture of 
     prisoners of war and detainees is illegal. This matter is 
     addressed elsewhere in this conference report.
       The conferees delete language as proposed by the House 
     which directs semi-annual reports to Congress on military 
     operation and reconstruction activities in Iraq and 
     Afghanistan. The reporting requirements are included in the 
     Joint Explanatory Statement. The Senate did not address this 
     matter.
       The conferees delete language as proposed by the House 
     concerning religious freedom and tolerance at the United 
     States Air Force Academy. The Senate did not address this 
     matter.
       The conferees delete a general provision as proposed by the 
     House regarding implementing the United Nations Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment. The Senate included a similar 
     provision. This matter is addressed elsewhere in this 
     conference report.
       The conferees include a general provision (Section 9011) as 
     proposed by the Senate which provides that for construction 
     projects in Iraq and Afghanistan funded with operation and 
     maintenance funds, supervisory and administrative costs may 
     be obligated when the contract is awarded. The House did not 
     address this matter.
       The conferees include a general provision (Section 9012) as 
     proposed by the Senate which designates amounts appropriated 
     or otherwise made available in this title as making 
     appropriations for contingency operations related to the 
     global war on terrorism. The House included such designation 
     in each appropriation account.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2006 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2005 amount, the 2006 
     budget estimates, and the House and Senate bills for 2006 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2005......$467,128,020
Budget estimates of new (obligational) authority, fiscal yea397,214,410
House bill, fiscal year 2006................................439,456,182
Senate bill, fiscal year 2006...............................445,448,117
Conference agreement, fiscal year 2006......................442,789,753
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2005.....-24,338,267
  Budget estimates of new (obligational) authority, fiscal y+45,575,343
  House bill, fiscal year 2006...............................+3,333,571
  Senate bill, fiscal year 2006..............................-2,658,364

\1\Includes funding contained in the House Military Quality of Life and 
Veterans Affairs Appropriations Bill, 2006.

DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES 
           IN THE GULF OF MEXICO AND PANDEMIC INFLUENZA, 2006

TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN 
                           THE GULF OF MEXICO

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Executive Operations

                          Working Capital Fund

       The conference agreement provides $35,000,000 for the 
     Working Capital Fund.

                     Agricultural Research Service


                        buildings and facilities

       The conference agreement provides $9,200,000 for the 
     Agricultural Research Service, Buildings and Facilities 
     account.

[[Page 29786]]



                       Rural Development Programs


                  RURAL COMMUNITY ADVANCEMENT PROGRAM

       The conference agreement provides $45,000,000 for the Rural 
     Community Advancement Program.

                         Rural Housing Service


              rural housing insurance fund program account

       The conference agreement provides $45,000,000 for the Rural 
     Housing Insurance Fund Program Account.


                    rural housing assistance grants

       The conference agreement provides $20,000,000 for Rural 
     Housing Assistance Grants.

                        Rural Utilities Service


   rural electrification and telecommunications loans program account

       The conference agreement provides a subsidy of $8,000,000 
     for the cost of loan modifications to the rural electric loan 
     program.
       The conference agreement provides a loan level of 
     $50,000,000 for the direct rural telecommunications loan 
     program.

                       Food and Nutrition Service


                      commodity assistance program

       The conference agreement provides $10,000,000 for the 
     Commodity Assistance Program.

                    GENERAL PROVISIONS--THIS CHAPTER

       Section 101.--The conference agreement provides 
     $199,800,000 for the Emergency Conservation Program to repair 
     damage caused by hurricanes in 2005.
       Section 102.--The conference agreement provides 
     $300,000,000 for the Emergency Watershed Program (EWP) to 
     repair damage caused by hurricanes in 2005 to waterways and 
     watersheds, and for other specified purposes related to 
     damage from hurricanes. Of the total provided, no less than 
     $283,890,365 is for the hurricane Katrina, Rita, or Wilma-
     related projects specified in the December 8, 2005, ``EWP 
     Recovery Projects Unfunded'' table.
       Section 103.--The conference agreement includes language 
     allowing for the reimbursement of accounts related to 
     hurricane costs.
       Section 104.--The conference agreement includes language 
     allowing the transfer of funds between the Rural Housing 
     Insurance Fund and the Rural Housing Assistance Grant 
     accounts.
       Section 105.--The conference agreement includes language 
     granting the Secretary of Agriculture temporary authorities 
     for certain programs under the Rural Development mission 
     area.
       Section 106.--The conference agreement includes a technical 
     correction to Section 759 of P.L. 109-97.

                               CHAPTER 2

                     DEPARMENT OF DEFENSE--MILITARY

       In this chapter, the conferees recommend total new 
     appropriations of $5,112,438,000, minus a general reduction 
     of $737,089,000 elsewhere in the conference agreement. 
     Funding by category is as follows:

Military Personnel.........................................$554,535,000
Operation and Maintenance.................................1,953,318,000
Procurement...............................................2,309,778,000
Research, Development, Test and Evaluation...................41,382,000
Revolving and Management Funds................................7,224,000
Trust Funds..................................................44,341,000
Other Department of Defense Programs........................201,860,000

       Funds are provided for specific appropriations accounts, 
     and quarterly reports are required on the obligation of 
     funds.
       The following table provides details of the supplemental 
     appropriations in this chapter:

                        [In thousands of dollars]
------------------------------------------------------------------------
                    Account                       Request     Conference
------------------------------------------------------------------------
Military Personnel:
    Military Peresonnel, Army.................       29,830       29,830
    Military Personnel, Navy..................       57,691       57,691
    Military Personnel, Marine Corps..........       14,193       14,193
    Military Personnel, Air Force.............      105,034      105,034
    Reserve Personnel, Army...................       11,100       11,100
    Reserve Personnel, Navy...................       33,015       33,015
    Reserve Personnel, Marine Corps...........        3,028        3,028
    Reserve Personnel, Air Force..............        2,370        2,370
    National Guard Personnel, Army............      220,556      220,556
    National Guard Personnel, Air Force.......       77,718       77,718
                                               -------------------------
        Total Military Personnel..............      554,535      554,535
 
Operation and Maintenance:
    O&M, Army.................................      156,166      156,166
    O&M, Navy.................................      543,590      544,690
    O&M, Marine Corps.........................        7,343        7,343
    O&M, Air Force............................      554,252      554,252
    O&M, Defense-Wide.........................       29,027       29,027
    O&M, Army Reserve.........................       16,118       16,118
    O&M, Navy Reserve.........................      480,084      480,084
    O&M, Marine Corps Reserve.................       16,331       16,331
    O&M, Air Force Reserve....................        2,366        2,366
    O&M, Army National Guard..................       98,855       98,855
    O&M, Air National Guard...................       48,086       48,086
                                               -------------------------
        Total Operation and Maintenance.......    1,952,218    1,953,318
 
Procurement:
    Procurement of WTCV, Army.................        1,600        1,600
    Procurement of Ammunition, Army...........        1,000        1,000
    Other Procurement, Army...................        1,390       43,390
    Aircraft Procurement, Navy................        3,856        3,856
    Procurement of Ammunition, Navy & Marine          2,600        2,600
     Corps....................................
    Shipbuilding and Conversion, Navy.........    1,987,000    1,987,000
    Other Procurement, Navy...................       89,675       76,675
    Other Procurement, Air Force..............      170,300      162,315
    Procurement, Defense-Wide.................       12,082       12,082
    National Guard and Reserve Equipment......       19,260       19,260
                                               -------------------------
        Total Procurement.....................    2,288,763    2,309,778
 
Research, Development, Test and Evaluation:
    RDT&E, Navy...............................       27,612        2,462
    RDT&E, Air Force..........................        6,200        6,200
    RDT&E Defense-Wide........................       32,720       32,720
                                               -------------------------
        Total RDT&E...........................       66,532       41,382
 
Revolving and Management Funds:
    Defense Working Capital Funds.............        7,224        7,224
 
Trust Funds
    Surcharge Collections, Sales of Commissary       44,341       44,341
     Stores, Defense..........................
 
Other Department of Defense Programs:
    Defense Health Program O&M................      161,858      172,958
    Defense Health Program Procurement........       39,692       28,592
    Office of the Inspector General--Evac                30           30
     Personnel................................
    Office of the Inspector General--Equipment          280          280
     Repair...................................
                                               -------------------------
        Total Other DoD Programs..............      201,860      201,860
 
    General Provision--Transfer Authority [Non    [750,000]    [500,000]
     add].....................................
                                               -------------------------
        Total.................................    5,115,473    5,112,438
                                               =========================
    General Reduction.........................                 (737,089)
        Grand Total...........................                 4,375,349
------------------------------------------------------------------------

                          Classified Programs

       Adjustments to classified programs are addressed in the 
     classified annex accompanying this Joint Explanatory 
     Statement.

                         Reporting Requirements

       The conferees direct the Secretary of Defense to provide a 
     report to the congressional defense committees within 30 days 
     of enactment of this legislation on the allocation of the 
     funds within the accounts listed in this chapter. The 
     Secretary shall submit updated reports 30 days after the end 
     of each fiscal quarter until funds listed in this chapter are 
     no longer available for obligation. The conferees direct that 
     these reports shall include: a detailed accounting, by 
     programs and subactivity groups, of obligations and 
     expenditures of appropriations provided in this chapter for 
     the continuation of relief and recovery operations from the 
     storm damage; and a listing of equipment procured using funds 
     provided in this chapter.
       The conferees expect that in order to meet unanticipated 
     requirements, the Department of Defense may need to transfer 
     funds within these appropriations accounts for purposes other 
     than those specified in this chapter. The conferees expect 
     the Department to follow normal prior-approval reprogramming 
     procedures should it be necessary to transfer funding between 
     different appropriations accounts in this chapter.


                           MILITARY PERSONNEL

       The following table provides details of the recommendations 
     for the military personnel accounts:


                        [In thousands of dollars]
------------------------------------------------------------------------
                    Account                       Request     Conference
------------------------------------------------------------------------
Military Personnel, Army
    Military Pay and Allowances...............        9,005        9,005
    Evacuation of DoD Personnel...............       20,825       20,825
                                               -------------------------
        Total Military Personnel, Army........       29,830       29,830
                                               =========================
Military Personnel, Navy:
    Evacuation of DoD Personnel...............       57,691       57,691
                                               -------------------------
        Total Military Personnel, Navy........       57,691       57,691
                                               =========================
 Military Personnel, Marine Corps:
    Evacuation of DoD Personnel...............       14,193       14,193
                                               -------------------------
        Total Military Personnel, Marine Corps       14,193       14,193
                                               =========================
Military Personnel, Air Force:
    Military Pay and Allowances...............       57,279       57,279
    Basic Allowance for Housing...............        6,526        6,526
    Evacuation of DoD Personnel...............       41,229       41,229
                                               -------------------------
        Total Military Personnel, Air Force...      105,034      105,034
                                               =========================
Reserve Personnel, Army:
    Military Pay and Allowances...............       10,739       10,739
    Basic Allowance for Housing...............          361          361
                                               -------------------------
        Total Reserve Personnel, Army.........       11,100       11,100
                                               =========================
Reserve Personnel, Navy
    Military Pay and Allowances...............       13,647       13,647
    Basic Allowance for Housing...............        1,053        1,053
    Evacuation of DoD Personnel...............       18,315       18,315
                                               -------------------------
        Total Reserve Personnel, Navy.........       33,015       33,015
                                               =========================
Reserve Personnel, Marine Corps
    Evacuation of DoD Personnel...............        3,028        3,028
                                               -------------------------
        Total Reserve Personnel, Marine Corps.        3,028        3,208
                                               =========================
Reserve Personnel, Air Force:
    Military Pay and Allowances...............        2,285        2,285
    Basic Allowance for Housing...............           85           85
                                               -------------------------
        Total Reserve Personnel, Air Force....        2,370        2,370
                                               =========================
National Guard Personnel, Army:
    Military Pay and Allowance................      188,262      188,262
    Basic Allowance for Housing...............       32,294       32,294
                                               -------------------------
        Total National Guard Personnel, Army..      220,556      220,556
                                               =========================
National Guard Personnel, Air Force:
    Military Pay and Allowances...............       67,429       67,429
    Basic Allowance for Housing...............       10,289       10,289
                                               -------------------------
        Total National Guard Personnel, Air          77,718       77,718
         Force................................
                                               =========================
        Total Military Personnel..............      554,535      554,535
------------------------------------------------------------------------

        Additional funds are provided in the military personnel 
     accounts to continue hurricane relief efforts during fiscal 
     year 2006. Funds are provided for military pay and 
     allowances, subsistence, and travel and related expenses for 
     active duty and full-time Guard and Reserve personnel 
     providing support to hurricane relief and recovery efforts in 
     areas affected by hurricanes in the Gulf of Mexico in 
     calendar year 2005. In addition, funds are provided for per 
     diem costs for the evacuation of family members of military 
     personnel.

                      Basic Allowance for Housing

       The conference agreement includes a general provision which 
     provides the Services

[[Page 29787]]

     the authority to temporarily adjust Basic Allowance for 
     Housing (BAH) rates for those areas affected by hurricanes in 
     the Gulf of Mexico in calendar year 2005. The conferees 
     direct that any additional costs to the military personnel 
     accounts for this change to the BAH entitlement should be 
     requested and funded through a supplemental appropriations 
     bill for hurricane-related disaster relief.


                       OPERATION AND MAINTENANCE

       The following table provides details of the recommendations 
     for the operation and maintenance accounts:


                        [In thousands of dallars]
------------------------------------------------------------------------
                    Account                       Request     Conference
------------------------------------------------------------------------
Operation and Maintenance, Army:
    Urgent Repair and Recovery (Non-SRM)......       55,910       55,910
    Evacuation of DoD Personnel...............       67,076       67,076
    Temporary Continuing Operations...........       13,342       13,342
    Temporary Continuing Operations (Non-SRM).       12,764       12,764
                                               -------------------------
    Equipment Repair and Replacement..........        7,074        7,074
                                               -------------------------
        Total Operation and Maintenance, Army.      156,166      156,166
                                               =========================
Operation and Maintenance, Navy:
    Urgent Repair and Recovery (Non-SRM)......      139,690      139,690
    Evacuation of DoD Personnel...............      120,029      120,029
    Temporary Continuing Operations...........       65,772       65,772
    Equipment Repair and Replacement..........        2,600        2,600
    Facilities Restoration (SRM)..............      215,499      215,499
    Classified Adjustment.....................           --      (1,500)
    Naval Station Pascagoula Pier Repair and             --        2,600
     Force Protection.........................
                                               -------------------------
        Total Operation and Maintenance, Navy.      543,590      544,690
                                               =========================
Operation and Maintenance, Marine Corps:
    Evacuation of DoD Personnel...............        7,343        7,343
                                               -------------------------
        Total Operation and Maintenance,              7,343        7,343
         Marine Corps.........................
                                               =========================
Operation and Maintenance, Air Force:
    Urgent Repair and Recovery (Non-SRM)......      273,038      273,038
    Evacuation of DoD Personnel...............      184,371      184,371
    Temporary Continuing Operations...........       18,938       18,938
    Equipment Repair and Replacement..........        8,900        8,900
    Facilities Restoration (SRM)..............       69,005       69,005
                                               -------------------------
        Total Operation and Maintenance, Air        554,252      554,252
         Force................................
                                               =========================
Operation and Maintenance, Defense-Wide:
    Urgent Repair and Recovery--SOCOM.........        4,070        4,070
    Evacuation of DoD Personnel...............       10,768       10,768
    Temporary Continuing Operations...........
        SOCOM.................................          100          100
        DISA..................................          558          558
        DIA...................................        2,636        2,636
        DCAA..................................          250          250
        DCMA..................................        4,007        4,007
    Equipment Repair and Replacement..........          800          800
    Equipment Repair and Replacement--
     DISA660660...............................
    Facilities Restoration (SRM)..............
        SOCOM.................................        4,644        4,644
        DISA..................................          469          469
        DCAA..................................          125          125
                                               -------------------------
        Total Operation Maintenance, Defense-        29,027       29,027
         Wide.................................
                                               =========================
Operation and Maintenance, Army Reserve:
    Urgent Repair and Recovery (Non-SRM)......       10,590       10,590
    Temporary Continuing Operations...........        4,400        4,400
    Facilities Restoration (SRM)..............        1,128        1,128
                                               -------------------------
        Total Operation and Maintenance, Army        16,118       16,118
         Reserve..............................
                                               =========================
Operation and Maintenance, Navy Reserve:
    Urgent Repair and Recovery (Non-SRM)......      128,849      128,849
    Evacuation of DoD Personnel...............       21,466       21,466
    Temporary Continuing Operations...........       19,745       19,745
    Facilities Restoration (SRM)..............      310,024      310,024
                                               -------------------------
        Total Operation and Maintenance, Navy       480,084      480,084
         Reserve..............................
                                               =========================
Operation and Maintenance, Marine Corps
 Reserve:
    Evacuation of DoD Personnel...............        3,537        3,537
    Temporary Continuing Operations...........       11,700       11,700
    Facilities Restoration (SRM)..............        1,094        1,094
                                               -------------------------
        Total Operation and Maintenance,             16,331       16,331
         Marine Corps Reserve.................
                                               =========================
Operation and Maintenance, Air Force Reserve:
    Temporary continuing Operations...........          449          449
    Equipment Repair and Replacement..........        1,917        1,917
                                               -------------------------
        Total Operation and Maintenance Air           2,366        2,366
         Force Reserve........................
                                               =========================
Operation and Maintenance, Army National
 Guard:
    Army National Guard Support (Non-SRM).....       42,803       42,803
    Urgent Repair and Recovery (Non-SRM)......        6,200        6,200
    Temporary Continuing Operations...........          635          635
    Facilities Restoration (SRM)..............       49,217       49,217
                                               -------------------------
        Total Operation and Maintenance, Army        98,855       98,855
         National Guard.......................
                                               =========================
Operation and Maintenance, Air National Guard:
    Urgent Repair and Recovery (Non-SRM)......       25,449       25,449
    Temporary Continuing Operations...........        9,080        9,080
    Facilities Restoration (SRM)..............       13,557       13,557
                                               -------------------------
        Total Operation and Maintenance, Air         48,086       48,086
         National Guard.......................
                                               =========================
        Total Operation and Maintenance.......    1,952,218    1,953,318
------------------------------------------------------------------------

       Additional funds are provided in the operation and 
     maintenance accounts to address a broad spectrum of 
     hurricane-related relief and recovery activities including 
     repair of Department of Defense facilities, establishment of 
     alternate operating sites for displaced military functions 
     and sustainment of temporary continuing operations. Funds 
     will support the repair and replacement of equipment, debris 
     removal, hazardous waste cleanup and disposal, utility and 
     electrical repair, furniture replacement, and transportation 
     costs. Additionally, funding will provide for the 
     reestablishment of recruiting centers and Reserve Officer 
     Training campus sites. The funds provided will support the 
     evacuation and sustainment of Active and Reserve Component 
     personnel, federal civilian employees, and their dependents. 
     Funds also are provided in support of Army and Air National 
     Guard storm related activities including flying hours, ground 
     support, aviation technical assistance, supplies and repairs.


                              PROCUREMENT

        The following table provides details of the 
     recommendations for the procurement accounts:


                        [In thousands of dollars]
------------------------------------------------------------------------
                    Account                       Request     Conference
------------------------------------------------------------------------
Procurement of Weapons and Tracked Combat
 Vehicles, Army:
  Lightweight (LW) 155mm Howitzer.............        1,600        1,600
                                               -------------------------
        Total Procurement of WTCV, Army.......        1,600        1,600
                                               =========================
Procurement of Ammunition, Army:
    Mississippi Ammunition plant repairs......        1,000        1,000
                                               =========================
        Total Procurement of Ammunition, Army.        1,000        1,000
                                               =========================
Other Procurement, Army:
Family of Heavy Tactical Vehicles (FHTV)
 Movement Tracking
    System (MTS)..............................           42           42
    Automated Date Processing Equipment.......           90           90
    Radio Frequency in Transit Visibility               175          175
     (RFITV)..................................
    Medical Comm for Combat Casualty Care               175          175
     (MC4)....................................
    Force Provider............................          908          908
    Armored Security Vehicles.................           --       42,000
                                               -------------------------
        Total Other Procurement, Army.........        1,390       43,390
                                               =========================
Aircraft Procurement, Navy:
    Precision Approach Radar Trainers--NAS New           96           96
     Orleans..................................
    Calibration Standards Equipment--NS               3,760        3,760
     Algiers..................................
                                               -------------------------
        Total Aircraft Procurement, Navy......        3,856        3,856
                                               =========================
Procurement of Ammunition, Navy and Marine
 Corps:
    5 Inch/55 Gun Ammunition..................          601          601
    76MM Gun Ammunition.......................          166          166
    Other Ship Gun Ammunition.................          649          649
    Small Arms and Landing Party Ammunition...          744          744
    Pyrotechnics and Demolition Material......          440          440
                                               -------------------------
        Total Procurement of Ammunition, Navy         2,600        2,600
         and Marine Corps.....................
                                               =========================
Shipbuilding and Conversion, Navy:
        Total Shipbuilding and Conversion,        1,987,000    1,987,000
         Navy.................................
                                               =========================
Other Procurement, Navy:
    ATC Radar--NAS New Orleans................          100          100
    Precision Approach Radar--NAS New Orleans.          160          160
    Deployable Joint Command and Control                175          175
     System...................................
    Navy Standard Integrated Personnel System.          150          150
    Military Construction Support Equipment           2,514        2,514
     Under $5 Million.........................
    Construction and Maintenance Equipment....        7,840        7,840
    Tactical Vehicles--Naval Construction               846          846
     Battalion Center.........................
    Digital Phone Systems.....................       27,581       27,581
    Trailers for Classrooms, Child Development       30,000       17,000
     Centers, Etc.............................
    SPAWAR Systems Center.....................       13,250       13,250
    BUPERS Generator..........................        1,659        1,659
    Back-Up Power Supply--Stennis Space Center        4,000        4,000
    Oceanographic Survey Equipment--Stennis           1,400        1,400
     Space Center.............................
                                               -------------------------
        Total Other Procurement, Navy.........       89,675       76,675
                                               =========================
Other Procurement, Air Force:
    Replacement of vehicles at Keesler AFB....        2,803        2,803
    Host & Remote Voice Systems...............       22,377       22,377
    Data Systems--Information Transport Node          2,163        2,163
     (ITN)....................................
    Data Systems--End Building Node (EBN).....       24,676       24,676
    Data Systems--SIPRNet (TACLANE)...........          418          418
    Data Systems--First 400' Core 1 & 2              12,029       12,029
     Buildings................................
    Data Systems--Video--Closed Circuit TV....          259          259
    Network Control Center....................        7,150        7,150
    Flight Support (ATCALS)...................        3,795        3,795
    Flight Support Air Traffic Control Tower..        2,145        2,145
    Security Systems..........................        3,000        3,000
    Command Post Communications...............        1,936        1,936
    ROVER III model 301 video downlink........           57           57
    Training Communications Equipment.........       22,728       22,728
    Air National Guard Switching Equipment....        3,051        3,051
    Communications System Support.............           33           33
    Deployable Communications.................        7,985           --
    General Training Equipment................       27,500       27,500
    BEAR Kits.................................       25,645       25,645
    ANG Generators............................          330          330
    ANG Firefighting Equipment................          220          220
                                               -------------------------
        Total Other Procurement, Air Force....      170,300      162,315
                                               =========================
Procurement, Defense-Wide:
        SOCOM Equipment Replacement...........       12,082       12,082
                                               -------------------------
        Total Procurement, Defense-Wide.......       12,082       12,082
                                               =========================
National Guard and Reserve Equipment:
    National Guard Equipment (Army National          19,260       19,260
     Guard)...................................
                                               -------------------------
        Total National Guard and Reserve             19,260       19,260
         Equipment............................
                                               =========================
        Total Procurement.....................    2,288,763    2,309,778
------------------------------------------------------------------------


[[Page 29788]]

                   Oversight of Procurement Programs

       The conference agreement provides $1,987,000,000 for 
     extraordinary shipbuilding and ship repair costs and 
     $42,000,000, above the budget request, for production of the 
     Army Armored Security Vehicle (ASV). This funding is intended 
     to cover costs relating to real property damage, including 
     damage to govemment- and contractor-furnished equipment; 
     cleanup of facilities; business interruption, to include idle 
     payroll; temporary housing and transportation for employees; 
     and additional business expenses, including but not limited 
     to power, security, information technology support, and 
     necessary equipment rentals.
       The conferees believe these expenses require special 
     oversight by the Department of Defense and the Congress. 
     Accordingly, the conferees direct that none of the funds 
     provided for ``Shipbuilding and Conversion, Navy'' or for the 
     Army ASV shall be obligated or expended until 30 days after 
     the Secretary of the Navy or Secretary of the Army, as 
     applicable, submits a report to the House and Senate 
     Committees on Appropriations certifying that the increased 
     direct and indirect costs relating to contractor-funded 
     programs are: (a) incurred or required to be incurred for 
     hurricane relief; (b) not subject to reimbursement by any 
     third party (e.g., FEMA or private insurer); and (c) directly 
     allocable to the program for which funds are being provided. 
     All such costs shall be subject to review, audit, and 
     validation by appropriate management officials of the 
     military service, including the Government Procurement 
     Contracting Officer and service audit teams. Approved costs 
     will be reimbursed as they are incurred with no application 
     of general and administrative overhead or profit.


               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

       The following table provides details of the recommendations 
     for the Research, Development, Test and Evaluation accounts:


------------------------------------------------------------------------
                    Account                       Request     Conference
------------------------------------------------------------------------
RDT&E, Navy:
    Composite watercraft......................       11,600          750
    Advanced Electric Ship Demonstrator               1,000          200
     Composite Deckhouse......................
    Ocean Engineering Technology Development..          237          237
    Test and Evaluation Support--AUTEC Damage           775          775
     Repair...................................
              Classified Project                     13,500  ...........
              MK-48 ADCAP Torpedo                       500          500
                                               -------------------------
        Total RDT&E, Navy.....................       27,612        2,462
                                               =========================
RDT&E Air Force:
    Test and Evaluation Support...............        1,900        1,900
    Facilities Restoration and Modernization--        4,300        4,300
     T&E Support..............................
                                               -------------------------
        Total RDT&E, Air Force................        6,200        6,200
                                               =========================
RDT&E, Defense-Wide:
    DIMHRS....................................       32,720       32,702
                                               -------------------------
        Total RDT&E, Defense-Wide:............       32,720       32,720
                                               =========================
        Total RDT&E...........................       66,532       41,382
------------------------------------------------------------------------

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       The conference agreement includes $7,224,000 for Defense 
     Working Capital Funds for transportation and contingency 
     operations costs for the Defense Logistics Agency, for the 
     replacement of commissary stock and equipment, and for the 
     replacement of equipment for Air Force Working Capital Fund 
     entities.

                              TRUST FUNDS

       Surcharge Collections, Sales of Commissary Stores, Defense

       The conference agreement includes $44,341,000 for Surcharge 
     Collections, Sales of Commissary Stores, Defense, to rebuild 
     commissaries at Keesler Air Force base and Gulfport Naval 
     Construction Battalion Center.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       The conference agreement provides $201,550,000 for the 
     Defense Health Program, of which $172,958,000 shall be for 
     Operation and Maintenance, and of which $28,592,000 shall be 
     for Procurement. This funding will provide for healthcare for 
     guard and reserve members activated for duty, replacement of 
     medical supplies and equipment, backfilling deployed medical 
     personnel and increases in private sector care costs.

                         Keesler Medical Center

       Evacuations and damages at military medical facilities 
     along the Gulf Coast demonstrated the need to improve the 
     procedures for inventory management and for medical record 
     management to provide a seamless transition of medical care 
     between facilities.
       Within the funds made available for repair and recovery of 
     the Keesler Medical Center, the Air Force is encouraged to 
     continue their initiative of making medical records available 
     electronically for health care providers and for establishing 
     an automated inventory management system using RFID 
     technology.

                    Office of the Inspector General

       The conferees have agreed to provide a total amount of 
     $310,000 for the Office of the Inspector General. Of this 
     amount $30,000 is for the relocation of the Inspector 
     General's office in Slidell, Louisiana, and $280,000 is for 
     replacement and repair of storm damaged equipment in the 
     Inspector General's office, Slidell, Louisiana.

                    GENERAL PROVISIONS--THIS CHAPTER

        Chapter 2 of this title contains five general provisions. 
     A description of the recommended general provisions follows.
       The conferees agree to include language which provides for 
     transfer between appropriations of up to $500,000,000 of the 
     funds made available to the Department of Defense in this 
     chapter, and provides for promptnotification to the Congress 
     of each transfer made under this authority. The transfer 
     authority provided in this section is in addition to any 
     other transfer authority available to the Department of 
     Defense.
       The conferees agree to include language which provides that 
     military members on active duty in support of hurricanes in 
     the Gulf of Mexico in calendar year 2005 may retain 
     accumulated leave, not to exceed 120 days at the end of 
     fiscal year 2005.
       The conferees agree to include language which provides that 
     the Secretary of Defense may prescribe a temporary adjustment 
     in the geographic location rates of the basic allowance for 
     housing within an area declared a major disaster under the 
     Robert T. Stafford Disaster Relief and Emergency Act 
     resulting from hurricanes in the Gulf of Mexico in calendar 
     year 2005. Such temporary adjustment shall be based on the 
     Secretary's redetermination of housing costs and shall not 
     exceed 20 percent of the current rate for an affected area. 
     Members must certify that an increased housing cost has been 
     incurred. No temporary adjustment may be made after September 
     30, 2006, and assistance may not extend beyond January 1, 
     2007.
       The conferees agree to include language which provides that 
     funds appropriated in this chapter for intelligence 
     activities are deemed to be authorized for purposes of 
     section 504 of the National Security Act of 1947.
       The conferees agree to include language that makes general 
     reduction of $737,089,000.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The conference agreement provides emergency funding to 
     address water resource projects damaged by Hurricanes 
     Katrina, Rita, Ophelia and Wilma. The funding provided in 
     this chapter is based on Corps of Engineers' estimates of the 
     requirements of all areas of the Nation impacted by these 
     hurricanes. The conferees expect the funds provided herein 
     shall be expended substantially in accordance with those 
     estimates.


                             INVESTIGATIONS

       Funds totaling $37,300,000 are provided to expedite ongoing 
     studies in the areas recently affected by recent hurricanes, 
     as shown below:

Louisiana Coastal Area Ecosystem Restoration, LA............$11,000,000
Hurricane Protection, LA.....................................12,000,000
Hurricane Protection, MS.....................................10,000,000
Plaquemines Parish, Urban Flood Control, LA...................1,200,000
St. Bernard Parish Urban Flood Control, LA....................1,200,000
St. Charles Parish Urban Flood Control, LA....................1,100,000
Southwest Coastal Louisiana, LA.................................500,000
Bouge Banks, NC.................................................100,000
Hatteras and Ocracoke Islands, NC...............................100,000
Surf City and North Topsail Beach, NC...........................100,000

       The conference agreement includes $11,000,000 for the 
     Louisiana Coastal Area Ecosystem study. These funds, together 
     with $10,000,000 provided in the Energy and Water Development 
     Appropriations Act, 2006, provide the amounts necessary to 
     continue the Louisiana Coastal Plan this fiscal year. Within 
     these amounts, funds are provided for hurricane or storm 
     damage assessment, including coastal data collection.
       The conference agreement includes a provision that 
     withholds funding provided for the Louisiana Hurricane 
     Protection Study in this Act until the State of Louisiana 
     establishes a single state or quasi-state entity to act as 
     the local sponsor for construction, operation and maintenance 
     for all hurricane, storm damage reduction and flood control 
     projects in the greater New Orleans and southeast Louisiana 
     area. The conferees expect that no funds shall be available 
     for the final report after the completion of the preliminary 
     technical report until a functioning single entity is 
     established by the State to meet local responsibilities for 
     Federal projects.


                              CONSTRUCTION

       Funds totaling $101,417,000 are provided to repair flood 
     and storm damage reduction, commercial navigation and other 
     projects damaged by Hurricanes Katrina, Rita, Ophelia and 
     Wilma.
       Citing a lack of authorization, the conferees did not 
     provide the request of $250,000,000 for coastal mitigation; 
     however, a total of $96,000,000 is available in fiscal year 
     2006 for activities related to improving the

[[Page 29789]]

     Gulf Coast coastal wetlands to reduce the risk of storm 
     damage to the greater New Orleans metropolitan area. In this 
     Act, $11,000,000 is provided to further the Louisiana Coastal 
     study in the Investigations account, together with 
     $10,000,000 provided in the Energy and Water Development 
     Appropriations Act, 2006. In addition, $75,000,000 is 
     provided in this Act in the Operations and Maintenance 
     account for authorized activities to preserve and maintain 
     existing wetlands, enhance estuarine habitat and provide 
     erosion protection for hurricane protection projects. The 
     conferees encourage the Administration to submit a 
     legislative proposal to the appropriate authorizing 
     committees for full and further consideration.


 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, 
        KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI AND TENNESSEE

       Funds totaling $153,750,000 are provided to repair levees; 
     remove hazards to navigation; cover the increased cost of mat 
     laying operations due to storm impacts; repair damaged 
     training works, including dikes; and repair damaged levees to 
     provide protection from riverine flooding resulting from 
     Hurricanes Katrina and Rita.


                       OPERATION AND MAINTENANCE

       Funds totaling $327,517,000 are provided to restore 
     navigation channels and harbors to pre-storm conditions and 
     to repair flood damage reduction and other projects in states 
     affected by Hurricanes Katrina, Rita, Ophelia and Wilma. Of 
     this amount, $75,000,000 is provided for authorized operation 
     and maintenance activities to enhance estuarine habitats 
     through monitoring and control of marine and river flow and 
     reef building initiatives and providing foreshore bank 
     protection in the form of revetment and rock placement to 
     protect endangered wetlands and provide erosion protection 
     for hurricane protection projects along the Mississippi 
     River-Gulf Outlet Channel. The expenditure of funds shall be 
     limited to those activities necessary for the protection of 
     existing wetlands, navigation, flood and storm damage 
     reduction projects along the Mississippi River-Gulf Outlet 
     Channel and funds shall not be expended on any project that 
     would otherwise preclude or foreclose any final disposition 
     of the navigation channel; funds are not available to conduct 
     any dredging of the Mississippi River-Gulf Outlet Channel.


                 FLOOD CONTROL AND COASTAL EMERGENCIES

       Funds totaling $2,277,965,000 are provided to continue 
     repairs to flood and storm damage reduction projects in 
     states affected by Hurricanes Katrina, Rita, Ophelia and 
     Wilma. Funds are provided to fund at full Federal expense 
     repairs to non-federal levees and pumps and to construct 
     levees and floodwalls to original design levels rather than 
     pre-storm conditions. Within the funds provided, $75,000,000 
     shall be available to accelerate completion of authorized 
     projects in the State of Mississippi along the Mississippi 
     Gulf Coast.
       Further, this amount includes $544,460,000 to accelerate 
     the completion of unconstructed portions of authorized 
     hurricane, storm damage reduction and flood control projects 
     in the greater New Orleans and south Louisiana area, as 
     follows:

New Orleans to Venice, LA...................................$32,487,000
West Bank and Vicinity, LA..................................147,614,000
Lake Pontchartrain and Vicinity, LA.........................120,554,000
Southeast Louisiana, LA.....................................224,755,000
Larose to Golden Meadow, LA...................................4,026,000
Grand Isle, LA...............................................15,024,000
       The conference agreement includes $70,000,000 to prepare 
     for flood, hurricane and other natural disasters and support 
     emergency operations, repairs, and other activities in 
     response to flood and hurricane emergencies, as authorized by 
     law. Funding is provided to cover annual recurring costs of 
     the program as well as costs related to recent natural 
     disasters. The Army Corps of Engineers is directed to include 
     recurring annual funding requirements for this program in its 
     fiscal year 2007 budget request and to address event-related 
     costs in the appropriate emergency supplemental requests.
        The conference agreement includes approximately 
     $468,000,000 to reimburse projects from which funds were 
     transferred to meet emergency requirements.


                            GENERAL EXPENSES

       Funds totaling $1,600,000 are provided for additional 
     oversight and management costs associated with Hurricanes 
     Katrina and Rita.

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

            Office of the Secretary and Executive Management


                            OFFICE OF POLICY

       The conferees agree to clarify Public Law 109-90 does not 
     include an increase of $1,512,000 and 3 full-time equivalent 
     positions for the Embassy Baghdad Initiative requested in the 
     President's Fiscal Year 2006 Budget. Public Law 109-90 does 
     include the transfer of $5,176,000 to the Office of Policy 
     for the Border and Transportation Security Policy Office and 
     Operations staff. Any fiscal year 2005 funding for a 
     Department of Homeland Security (DHS) attache in Baghdad 
     included in this amount is continued in fiscal year 2006 at 
     the fiscal year 2005 level. The conferees prohibit the use of 
     any funds available to the Department for increasing 
     resources for the Embassy Baghdad Initiative beyond the 
     fiscal year 2005 level without approval of a reprogramming 
     notification submitted pursuant to Section 503 of Public Law 
     109-90. The conferees provide this clarification to ensure 
     the Department's actions are consistent with the intent of 
     the Committees as indicated in the Statement of Managers 
     accompanying the fiscal year 2006 appropriations conference 
     report. The Department is directed to submit within 15 days 
     of enactment of this Act to the House and Senate Committees 
     on Appropriations a fiscal year 2006 program, project, and 
     activity breakdown of the funding and staffing level of the 
     Office of Policy including the $5,176,000 transfer for the 
     Office of Policy.

                     Customs and Border Protection


                         SALARIES AND EXPENSES

       The conferees agree to provide $24,100,000 instead of 
     $27,100,000 as proposed by the President to repair and 
     replace critical information technology, equipment, and 
     property damaged by Hurricane Katrina and other natural 
     disasters.


                              CONSTRUCTION

       The conferees agree to provide $10,400,000 for planning, 
     engineering, and other equipment for structures damaged by 
     Hurricane Katrina and other natural disasters instead of 
     $26,700,000 as proposed by the President. The conferees are 
     aware of uncertainty associated with the replacement of 
     various facilities damaged by recent hurricanes and direct 
     Customs and Border Protection to submit to the House and 
     Senate Committees on Appropriations a detailed estimate of 
     the total cost of replacing these facilities once relocation 
     sites and total costs are determined. Funds are available 
     until expended.

                  Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

       The conferees agree to provide $13,000,000, instead of 
     $13,848,000 as requested by the President to repair and 
     replace critical information technology, communications 
     equipment, and facilities damaged by Hurricane Katrina and 
     other natural disasters.

                       United States Coast Guard


                           OPERATING EXPENSES

       The conferees agree to provide $132,000,000 instead of 
     $139,300,000 as requested by the President for clean-up and 
     repair needs at facilities damaged by Hurricane Katrina and 
     other natural disasters; activation of reservists to assist 
     in hurricane recovery efforts; and repair and replacement of 
     equipment, materials, and supplies lost due to these 
     hurricanes. Funds are available until expended.


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

       The conferees agree to provide $74,500,000 instead of 
     $136,660,000 as proposed by the President for major repair 
     and reconstruction projects at facilities damaged by 
     Hurricane Katrina and other natural disasters, and for damage 
     to vessels currently under construction. The conferees are 
     aware of uncertainty associated with the replacement of the 
     New Orleans Integrated Support Command. The conferees agree 
     to provide funding for the survey, planning, and engineering 
     costs related to this facility and direct the Coast Guard to 
     submit to the House and Senate Committees on Appropriations a 
     detailed estimate for the total cost of replacing this 
     facility once a relocation site is determined. Funds are 
     available until expended.


                          oil spill liability

       The conferees understand over 3,800 oil spills have been 
     caused by Hurricanes Katrina and Rita, with more than 8 
     million gallons of oil spilled from Hurricane Katrina alone. 
     Currently, oil pollution response costs are being funded from 
     the Federal Emergency Management Agency (FEMA) Disaster 
     Relief Fund (DRF). However, the DRF will not pay for long-
     term oil removal costs and natural resource damages, leaving 
     a significant funding gap not addressed in the supplemental 
     request. While oil removal costs and damage claims may be 
     eligible under the Oil Spill Liability Trust Fund (OSLTF), 
     costs related to Hurricane Katrina are expected to easily 
     exceed $1,000,000,000, leaving the existing balance of 
     $750,000,000 in the OSLTF in jeopardy. The Department is 
     directed to provide the House and Senate Appropriations 
     Committees an analysis of the projected impacts to the OSLTF 
     for any Oil Pollution Act removal and damage costs resulting 
     from Hurricanes Katrina and Rita, and a plan to address the 
     expected funding shortfall. This report is due no later than 
     March 15, 2006.

                      United States Secret Service


                         salaries and expenses

       The conferees agree to provide $3,600,000 for equipment, 
     vehicle replacement, and personnel relocation due to damage 
     caused by Hurricane Katrina and other natural disasters.

                    Office for Domestic Preparedness


                        STATE AND LOCAL PROGRAMS

       The conferees agree to provide $10,300,000 for replacement 
     equipment for the

[[Page 29790]]

     Prepositioned Equipment Program utilized during Hurricane 
     Katrina.
       The conferees agree notification required by Section 508 of 
     Public Law 109-90 shall include any announcements of grant 
     eligibility in which the Department limits the number or type 
     of potential grantees.

                  Federal Emergency Management Agency


                 ADMINISTRATIVE AND REGIONAL OPERATIONS

       The conferees agree to provide $17,200,000 instead of 
     $87,100,000 as requested by the President to repair and 
     improve warning and crisis communication systems, and to 
     ensure proper controls are in place over the expenditure and 
     management of funds for hurricane response and recovery.


                         PUBLIC HEALTH PROGRAMS

       The conferees are concerned about the National Disaster 
     Medical System (NDMS). The conferees direct the Chief Medical 
     Officer to provide a report to the House and Senate 
     Committees on Appropriations by April 30, 2006, outlining the 
     goals of NDMS, the ability of the current program to meet 
     these goals, the resources (people, training, and funding) 
     required to maintain a system design to rapidly meet 
     nationwide disaster medical needs, and the appropriate roles 
     of DHS and the Department of Health and Human Services in the 
     oversight and management of this critical program.
       The conferees are aware of FEMA's intention to use the 
     authority provided by Public Law 109-62 to transfer up to 
     $100,000,000 for the NDMS to support medical care as 
     authorized by Public Law 107-188. The conferees direct FEMA 
     to provide to the House and Senate Committees on 
     Appropriations by February 28, 2006, a spend plan for the 
     amount transferred, including the amounts obligated and 
     expended as of the date of the report, the methods used for 
     allocating funds, and the rules established regarding the 
     expenses eligible for payment from this appropriation.


                            DISASTER RELIEF

                          (TRANSFER OF FUNDS)

       The conferees agree to transfer $1,500,000 from the 
     Disaster Relief Fund for administrative expenses of the 
     Community Disaster Loan program. This funding is in addition 
     to the $1,000,000 made available for transfer in Public Law 
     109-88. The conferees agree the Department shall notify the 
     House and Senate Committees on Appropriations no later than 
     15 days after a community disaster loan has been awarded. 
     Such notification shall include the amount of the loan, a 
     brief assessment of the borrower's financial position, 
     reasons for the necessity of the loan, and a description of 
     the essential services to be provided through the loan.
       The conferees believe a comprehensive long-term recovery 
     plan is critical for the rehabilitation of the Gulf Coast and 
     should be implemented as quickly as possible. The conferees 
     direct the Department to provide this plan to the House and 
     Senate Committees on Appropriations by February 28, 2006. The 
     plan should be prepared in coordination with state and local 
     officials as well as other Federal agencies involved in 
     recovery efforts.
       The conferees are concerned with the lack of guidance on 
     housing assistance. Within two weeks from the date of 
     enactment of this Act, the Director of FEMA shall issue 
     guidance used to determine continued eligibility for housing 
     assistance under the Section 408 program. Consistent with 
     current FEMA regulations, such guidance shall include the 
     extension of assistance if the recipient is unable to afford 
     local housing at the Fair Market Rent level.


                    GENERAL PROVISION--this chapter

       Sec. 401. The conferees include a general provision 
     allowing the Secretary of Homeland Security to permit active 
     duty personnel who performed duties in response to the 
     hurricanes to carryover accumulated leave until the end of 
     fiscal year 2007.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                              Construction

       The conference agreement provides $30,000,000 for 
     construction costs of the United States Fish and Wildlife 
     Service related to Hurricanes Katrina, Rita, Wilma, and 
     Ophelia. These funds will be used for repair and 
     reconstruction and operational costs incurred in responding 
     to and cleaning up from the storms. In addition to repair and 
     reconstruction of Federal facilities, the funds should be 
     used to repay construction projects from which funds were 
     transferred on an emergency basis. They also are available to 
     pay for un-reimbursed overtime and operational costs.

                         National Park Service


                              Construction

       The conference agreement provides $19,000,000 for 
     construction costs of the National Park Service related to 
     Hurricanes Katrina, Rita, and Wilma. These funds will be used 
     for repair and reconstruction and operational costs incurred 
     in responding to and cleaning up from the storms. In addition 
     to repair and reconstruction of Federal facilities, the funds 
     should be used to repay construction projects from which 
     funds were transferred on an emergency basis. They also are 
     available to pay for un-reimbursed overtime and operational 
     costs.

                    United States Geological Survey


                 Surveys, Investigations, and Research

       The conference agreement provides $5,300,000, as requested, 
     for surveys, investigations, and research costs of the United 
     States Geological Survey. The funds are for facility and 
     equipment repair and replacement needs, including stream gage 
     repair and replacement, at Survey sites in the Southeast that 
     were damaged by Hurricanes Katrina and Rita.

                      Minerals Management Service


                Royalty and Offshore Minerals Management

       The conference agreement provides $16,000,000 for royalty 
     and offshore minerals management. The funds are provided for 
     the temporary relocation of the Minerals Management Service's 
     Gulf of Mexico regional office from Louisiana to Houston, TX; 
     including immediate recovery costs to purchase new equipment, 
     locate temporary offices and additional personnel, and 
     operational costs incurred as a result of the hurricanes 
     during the first six months after the events.

                    Environmental Protection Agency


                Leaking Underground Storage Tank Program

       The conference agreement provides $8,000,000 for the 
     leaking underground storage tank program. These funds will be 
     used to address the most immediate underground storage tank 
     needs in areas affected by Hurricanes Katrina and Rita; 
     including site assessments of leaking tanks to identify 
     problems and initiate appropriate corrective actions.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                       State and Private Forestry

       The conference agreement provides $30,000,000 for State and 
     private forestry instead of providing the $50,000,000 
     requested for a new forestry disaster assistance fund. The 
     managers believe that the proposed new fund is unnecessary in 
     that the activities that would be funded, including 
     assistance to timber land owners for debris removal, timber 
     salvage, wildfire mitigation, and wildlife habitat 
     stabilization, are more appropriately funded within 
     authorized activities under the existing State and private 
     forestry account. The funding provided should be used for 
     urgently needed activities associated with Hurricanes Katrina 
     and Rita recovery, clean-up, and restoration. The managers 
     direct the Secretary of Agriculture to notify the House and 
     Senate Committees on Appropriations on the proposed 
     distribution of funds at least ten days before allocating 
     these funds to the field.


                         National Forest System

       The conference agreement provides $20,000,000 for the 
     national forest system for urgently needed activities 
     associated with Hurricanes Katrina and Rita recovery, clean-
     up, and restoration. A portion of these funds may be used for 
     hazardous fuels reduction activities on national forest 
     system lands. The managers direct the Secretary of 
     Agriculture to notify the House and Senate Committees on 
     Appropriations on the proposed distribution of funds at least 
     ten days before allocating these funds to the field.


                  Capital Improvement and Maintenance

       The conference agreement provides $7,000,000 for capital 
     improvement and maintenance to repair roads and to repair or 
     replace hurricane damaged bridges and other facilities in 
     National Forests affected by Hurricanes Katrina and Rita.

                               CHAPTER 6

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    TRAINING AND EMPLOYMENT SERVICES

       The conference agreement includes a supplemental 
     appropriation of $125,000,000 for the Employment and Training 
     Administration to award national emergency grants related to 
     the consequences of hurricanes in the Gulf of Mexico in 
     calendar year 2005. These funds may be used to replace grant 
     funds previously obligated to the impacted areas.


     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

       The conference agreement includes language that extends the 
     availability of funds provided under this heading in Public 
     Law 108-447, which have been allocated to the States of 
     Alabama, Louisiana, and Mississippi. The funding shall remain 
     available for obligation by those States through September 
     30, 2006 and funds used for automation by those States shall 
     remain available through September 30, 2008.

[[Page 29791]]



                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families


                      SOCIAL SERVICES BLOCK GRANT

       The conference agreement includes a supplemental 
     appropriation of $550,000,000 for the Social Services Block 
     Grant (SSBG). The conferees note that the hurricanes in the 
     Gulf of Mexico in calendar year 2005 have imposed extreme 
     demands for social and health care services in affected 
     States. States may use SSBG funds for a wide array of human 
     services.
       In addition to other uses, the conferees intend these funds 
     to be available to help meet the health care needs of people 
     affected by the hurricanes in the Gulf of Mexico in calendar 
     year 2005 and lacking health insurance or other adequate 
     access to care, and to help health care ``safety net'' 
     providers restore and resume their operations. Accordingly, 
     the conferees have included bill language intended to remove 
     any uncertainties as to the eligibility of health care 
     providers and facilities (including mental health providers 
     and facilities) to receive Social Services Block Grant funds 
     from this appropriation. Examples of institutions that could 
     receive these funds include community health centers, rural 
     hospitals and clinics, community mental health centers, 
     public hospitals, and other providers with substantial 
     percentages of uninsured patients. In addition to helping 
     meet health care needs arising from the hurricanes, funds may 
     be made available for repairs or reconstruction needed to 
     allow health centers and similar providers to resume or 
     expand operations, or to help key providers meet salary and 
     other costs associated with resuming or restoring health 
     services.
       The conferees are concerned about the mental health impact 
     of the hurricanes in the Gulf of Mexico in calendar year 
     2005. The Centers for Disease Control and Prevention (CDC) 
     reports that as many as 500,000 Gulf Coast residents might 
     need mental health care. The conferees encourage the 
     Secretary to work with State governments in the region to 
     ensure that adequate funding is available, within the amounts 
     appropriated, for community safety net providers to meet this 
     emerging public mental health crisis.


                CHILDREN AND FAMILIES SERVICES PROGRAMS

       The conference agreement includes a supplemental 
     appropriation of $90,000,000 for Head Start to serve children 
     displaced by the hurricanes in the Gulf of Mexico in calendar 
     year 2005 and to cover costs associated with renovating Head 
     Start facilities, which were affected by the hurricanes, to 
     the extent that FEMA and insurance companies do not fully 
     cover such costs.

                        DEPARTMENT OF EDUCATION

       The conference agreement includes a supplemental 
     appropriation of $750,000,000 for immediate aid to restart 
     school operations and reimburse States for costs already 
     incurred in reopening schools affected by the Gulf 
     hurricanes. This funding is to be distributed to State 
     educational agencies in Louisiana, Mississippi, Alabama, and 
     Texas for assistance to schools that were impacted by the 
     hurricanes in the Gulf of Mexico in calendar year 2005. The 
     State educational agencies shall provide services and 
     assistance to local educational agencies and non-public 
     schools consistent with provisions outlined in section 102 of 
     title IV, division B of this Act.
       The conference agreement includes a supplemental 
     appropriation of $5,000,000 for assistance for homeless 
     children and youths displaced by the hurricanes in the Gulf 
     of Mexico in calendar year 2005 consistent with provisions 
     outlined in section 106 of title IV, division B of this Act.
       The conference agreement includes a supplemental 
     appropriation of $645,000,000 for temporary emergency impact 
     aid for displaced students during the 2005-2006 school year. 
     This funding is to be distributed to eligible schools that 
     serve students who were displaced by the hurricanes in the 
     Gulf of Mexico in calendar year 2005. Public, private, and 
     charter schools are eligible for assistance consistent with 
     provisions outlined in section 107 of title IV, division B of 
     this Act.
       The conference agreement includes a supplemental 
     appropriation of $200,000,000 to assist college students and 
     higher education institutions with unanticipated expenses 
     associated with the hurricanes in the Gulf of Mexico in 
     calendar year 2005. Within the amount provided, $95,000,000 
     is for the Mississippi Institutes of Higher Learning for 
     additional student financial aid for students and families 
     impacted by the Gulf hurricanes. The conferees intend for 
     these funds to be made available for assistance to any 
     eligible student attending a title IV eligible institution, 
     including independent colleges and universities, private 
     institutions, community colleges, junior colleges, and 
     graduate institutions.
       Of the amount provided, $95,000,000 is for the Louisiana 
     Board of Regents, which may be used to provide emergency 
     assistance for student financial assistance, faculty 
     salaries, or any purpose authorized under the Higher 
     Education Act, to institutions of higher education that are 
     located in an area affected by the Gulf hurricanes. The 
     conferees intend for these funds to be used only for 
     authorized purposes at the impacted institutions of higher 
     education; allocated only to affected postsecondary 
     educational institutions that were forced to suspend 
     operations for 30 days or more; and distributed primarily to 
     those institutions demonstrating that they were not able to 
     re-open in existing facilities or fully re-open to pre-Gulf 
     hurricane levels. The conferees intend for these funds to 
     supplement and not supplant any portion of an institution's 
     State support. In allocating these funds, the conferees 
     strongly urge the Board to consult with the presidents or 
     chancellors of the eligible colleges and universities and 
     equitably allocate funding, within 45 days, based only on the 
     need criteria agreed to by these officials.
       The Committees on Appropriations of the House and Senate 
     request that the Department submit a report not later than 
     March 1, 2006 on the obligation and allocation of these 
     supplemental funds provided under the Higher Education Act.

                               CHAPTER 7

                         DEPARTMENT OF DEFENSE

                         Military Construction

       Military Construction Projects Repaired Using Operation and 
     Maintenance Funds.--The conferees understand that all 
     military construction projects requested by the President 
     which have not been included in the agreement have been, or 
     will be, repaired using operation and maintenance funds, 
     rather than requiring replacement through military 
     construction. Each military Service or Defense agency shall 
     notify the Committees on Appropriations of both Houses of 
     Congress, within seven days after the decision to execute, if 
     a repair project is carried out with operation and 
     maintenance funds in lieu of a project appropriated in this 
     chapter.

              Military Construction, Navy and Marine Corps

       The agreement provides $291,219,000, instead of 
     $314,629,000 as proposed in the reallocation request dated 
     October 28, 2005. The funds are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
MS: NCBC Gulfport.............................  Applied Electronics/Water              1,910,000       1,910,000
                                                 Treatment Training Facility.
MS: NCBC Gulfport.............................  Armory..........................       4,600,000       4,600,000
MS: NCBC Gulfport.............................  Auto Vehicle Training Shop......         940,000         940,000
MS: NCBC Gulfport.............................  Bachelor Enlisted Quarters......      13,400,000      13,400,000
MS: NCBC Gulfport.............................  Bachelor Enlisted Quarters--NCTC      20,700,000      20,700,000
MS: NCBC Gulfport.............................  Broad Road Security Improvements       2,310,000       2,310,000
MS: NCBC Gulfport.............................  Builders Applied Instruction          13,400,000      13,400,000
                                                 Facility.
MS: NCBC Gulfport.............................  Command and Control Facility....       5,530,000       5,530,000
MS: NCBC Gulfport.............................  Comprehensive Utilities               20,500,000      20,500,000
                                                 Hardening.
MS: NCBC Gulfport.............................  Consolidated Professional             8,030,000,       8,030,000
                                                 Development Ctr.
MS: NCBC Gulfport.............................  Consolidated Public Works             10,730,000      10,730,000
                                                 Facility.
MS: NCBC Gulfport.............................  Consolidated Security Complex...       6,900,000       6,900,000
MS: NCBC Gulfport.............................  Disaster Recovery Training             6,800,000       6,800,000
                                                 Facility.
MS: NCBC Gulfport.............................  Pass Road Security Improvements.       2,110,000       2,110,000
MS: NCBC Gulfport.............................  Pollution Prevention Facility...         890,000         890,000
MS: NCBC Gulfport.............................  Sandblast Facility..............       1,410,000       1,410,000
MS: NCBC Gulfport.............................  Steelworkers Training Facility..       8,300,000       8,300,000
MS: NCBC Gulfport.............................  Storm Drainage Improvements.....      14,200,000      14,200,000
MS: NCBC Gulfport.............................  Supply Integrated Logistics       ..............      33,400,000
                                                 Facility.
MS: NCBC Gulfport.............................  Tactical Training Facility......      15,310,000      15,310,000
MS: NCBC Gulfport.............................  Training Complex................      14,610,000      14,610,000
MS: NCBC Gulfport.............................  Training Hall...................       6,930,000       6,930,000
MS: NS Pascagoula.............................  Lakeside Bachelor Enlisted            28,710,000  ..............
                                                 Quarters ``A''.
MS: NS Pascagoula.............................  Lakeside Bachelor Enlisted            28,100,000  ..............
                                                 Quarters ``B''.
MS: Stennis Space Center......................  Boat Operations Building........       2,920,000       2,920,000
MS: Stennis Space Center......................  Ocean Sciences Laboratory.......      47,010,000      47,010,000
MS: Stennis Space Center......................  UPS and Generator Upgrades......      14,400,000      14,400,000
Worldwide: Unspecified........................  Planning and Design.............      13,979,000      13,979,000
                                                                                 -------------------------------
    Total.....................................  ................................     314,629,000     291,219,000
----------------------------------------------------------------------------------------------------------------


[[Page 29792]]

                    Military Construction, Air Force

       The agreement provides $52,612,000, instead of $44,305,000 
     as proposed in the reallocation request dated October 28, 
     2005. The funds are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
MS: KEESLER AFB...............................  Base Personnel Facility.........       3,500,000  ..............
MS: KEESLER AFB...............................  Consolidated Open Mess..........       7,800,000      13,100,000
MS: KEESLER AFB...............................  Fence, Boundary.................       4,000,000  ..............
MS: KEESLER AFB...............................  Headquarters Group Facility.....       1,000,000  ..............
MS: KEESLER AFB...............................  Interior Fencing................       1,000,000  ..............
MS: KEESLER AFB...............................  Munitions Inspection Facility...       1,300,000       1,300,000
MS: KEESLER AFB...............................  Postal Center...................       2,500,000       2,500,000
MS: KEESLER AFB...............................  Recreation Center...............  ..............      10,200,000
MS: KEESLER AFB...............................  Refueler Maintenance Facility...       1,300,000       1,300,000
MS: KEESLER AFB...............................  Reserve Forces Operational             3,400,000  ..............
                                                 Training Facility.
MS: KEESLER AFB...............................  Technical Training Lab/Shop--          1,000,000  ..............
                                                 Dolan Hall.
MS: KEESLER AFB...............................  Technical Training Lab/Shop--          1,000,000  ..............
                                                 Hewes Hall.
MS: KEESLER AFB...............................  Temporary Base Exchange.........  ..............       3,800,000
MS: KEESLER AFB...............................  Training Aids Facility..........      11,200,000      11,200,000
Worldwide: Unspecified........................  Planning and Design.............       5,305,000       9,212,000
                                                                                 -------------------------------
    Total.....................................  ................................      44,305,000      52,612,000
----------------------------------------------------------------------------------------------------------------

                  Military Construction, Defense-Wide

       The agreement provides $45,000,000 as proposed in the 
     reallocation request dated October 28, 2005. The funds are 
     provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
MS: Keesler AFB...............................  Central Energy Plant, KMC.......      20,000,000      20,000,000
MS: Keesler AFB...............................  Diagnostic Imaging Center, KMC..      25,000,000      25,000,000
                                                                                 -------------------------------
    Total.....................................  ................................      45,000,000      45,000,000
----------------------------------------------------------------------------------------------------------------

               Military Construction, Army National Guard

       The agreement provides $374,300,000, instead of 
     $414,118,000 as proposed in the reallocation request dated 
     October 28, 2005. The funds are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
LA: Bogalusa..................................  Readiness Center................      16,413,000      16,413,000
LA: Covington.................................  Readiness Center................      15,833,000      15,833,000
LA: Hammond...................................  Readiness Center................      40,318,000      40,318,000
LA: Jackson Barracks..........................  Field Maintenance Shop 12.......      17,586,000      17,586,000
LA: Jackson Barracks..........................  Field Maintenance Shop 13.......      19,308,000      19,308,000
LA: Jackson Barracks..........................  Infrastructure Replacement......      21,535,000      21,535,000
LA: Jackson Barracks..........................  Readiness Center................      31,041,000      31,041,000
LA: Jackson Barracks..........................  Barracks Complex................      22,130,000      22,130,000
LA: Marrero...................................  Readiness Center................      19,166,000      19,166,000
LA: Pineville.................................  Consolidated Maintenance              37,294,000      37,294,000
                                                 Facility, Ph II/III.
LA: Reserve...................................  Readiness Center................      15,850,000      15,850,000
MS: Bay St. Louis.............................  Readiness Center................      12,286,000      12,286,000
MS: Biloxi....................................  Readiness Center................      26,353,000      16,987,000
MS: Camp Shelby...............................  Readiness Center................      12,403,000
MS: Columbia..................................  Readiness Center................      14,286,000      14,286,000
MS: Decatur...................................  Field Maintenance Shop..........      12,403,000      12,403,000
MS: Gulfport..................................  Field Maintenance Shop, Phase 1.      13,393,000      13,393,000
MS: Poplarville...............................  Readiness Center................      12,500,000      12,500,000
MS: Purvis....................................  Readiness Center................      12,294,000              --
MS: Wiggins...................................  Readiness Center................      12,786,000      12,786,000
Worldwide: Unspecified........................  Planning and Design.............      28,940,000       23,185,00
                                                                                 -------------------------------
    Total.....................................  ................................     414,118,000     374,300,000
----------------------------------------------------------------------------------------------------------------

               Military Construction, Air National Guard

       The agreement provides $35,000,000 as proposed in the 
     reallocation request dated October 28, 2005. The funds are 
     provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
MS: CRTC Gulfport.............................  Replace Civil Engineering              5,900,000       5,900,000
                                                 Complex.
MS. CRTC Gulfport.............................  Replace Regional Training Site         7,000,000       7,000,000
                                                 Complex.
MS: CRTC Gulfport.............................  Replace Squadron/Wing Operations       9,000,000       9,000,000
                                                 Facility.
MS: CRTC Gulfport.............................  Replace Troop Quarters..........       2,400,000       2,400,000
MS: CRTC Gulfport.............................  Electrical Distribution System..       5,500,000       5,500,000
MS: CRTC Gulfport.............................  Storm Water System..............       2,300,000       2,300,000
Worldwide: Unspecified........................  Planning and Design.............       2,900,000       2,900,000
                                                                                 -------------------------------
    Total.....................................  ................................      35,000,000      35,000,000
----------------------------------------------------------------------------------------------------------------

                  Military Construction, Naval Reserve

       The agreement provides $120,132,000 as proposed in the 
     reallocation request dated October 28, 2005. The funds are 
     provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
LA: NAS/JRB New Orieans.......................  Comprehensive Utilities.........       9,060,000       9,060,000
LA: NAS/JRB New Orleans.......................  Fitness Center..................       9,320,000       9,320,000

[[Page 29793]]

 
LA: NAS/JRB New Orleans.......................  Hangar 263......................      33,160,000      33,160,000
LA: NAS/JRB New Orleans.......................  Hangar 4........................      23,510,000      23,510,000
LA: NSA New Orleans...........................  Building 11, Admin Building.....       9,870,000       9,870,000
LA: NSA New Orleans...........................  Building 252, Public Works             3,630,000       3,630,000
                                                 Complex.
LA: NSA New Orleans...........................  Building 703, Bachelor Enlisted        8,820,OOO       8,820,000
                                                 Quarters.
LA: NSA New Orleans...........................  Building 9, Youth Center........       4,470,000       4,470,000
LA: NSA New Orleans...........................  Comprehensive Utilities.........      13,420,000      13,420,000
Worldwide: Unspecified........................  Planning and Design.............       4,872,000       4,872,000
                                                                                 -------------------------------
    Total.....................................  ................................     120,132,000     120,132,000
----------------------------------------------------------------------------------------------------------------

                             FAMILY HOUSING

           Family Housing Construction, Navy and Marine Corps

       The agreement provides $86,165,000 as proposed in the 
     reallocation request dated October 28, 2005. The funds are 
     provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
MS: Gulfport/Stennis..........................  New Construction Housing........      81,600,000      81,600,000
MS: NCBC Gulfport.............................  Housing Office (Metro                  1,150,000       1,150,000
                                                 Conversion).
Worldwide: Unspecified........................  Planning and Design.............       3,415,000       3,415,000
                                                                                 -------------------------------
    Total.....................................  ................................      86,165,000      86,165,000
----------------------------------------------------------------------------------------------------------------

    Family Housing Operation and Maintenance, Navy and Marine Corps

       The agreement provides $48,889,000 as proposed in the 
     reallocation request dated October 28, 2005.

                 Family Housing Construction, Air Force

       The agreement provides $278,000,000, instead of 
     $313,000,000 as proposed in the reallocation request dated 
     October 28, 2005. The funds are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
MS: Keesler AFB...............................  Construct Family Housing (1,067      299,500,000     264,500,000
                                                 Units).
Worldwide: Unspecified........................  Planning and Design.............      13,500,000      13,500,000
                                                                                 -------------------------------
    Total.....................................  ................................     313,000,000     278,000,000
----------------------------------------------------------------------------------------------------------------

       Family Housing, Keesler AFB, MS.--The conferees understand 
     the need for family housing at Keesler Air Force Base and 
     fully support efforts to rebuild lost or damaged units. The 
     conferees further understand the full requirement of 
     $313,000,000 at Keesler will be met by the $278,000,000 
     appropriated in this chapter and the $35,854,000 appropriated 
     for family housing at Keesler in the Military Construction 
     Appropriations Act, 2005.

          Family Housing Operation and Maintenance, Air Force

       The agreement provides $47,019,000 as proposed in the 
     reallocation request dated October 28, 2005.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                            medical services

       The agreement provides $198,265,000 for Medical Services as 
     proposed in the reallocation request dated October 28, 2005.

                      Departmental Administration


                       general operating expenses

       The agreement provides $24,871,000 for General Operating 
     Expenses as proposed in the reallocation request dated 
     October 28, 2005.


                    national cemetery administration

       The agreement provides $200,000 for the National Cemetery 
     Administration as proposed in the reallocation request dated 
     October 28, 2005.


                      construction, major projects

       The agreement provides $367,500,000 for Construction, Major 
     Projects. The amount provided is $787,500,000 less than 
     proposed in the reallocation request dated October 28, 2005. 
     The agreement provides $292,500,000 for the construction of a 
     new hospital at Biloxi, Mississippi consistent with the 
     recommendations of the Capital Asset Realignment for Enhanced 
     Services report, to replace the facility destroyed at 
     Gulfport, Mississippi. The agreement does not include full 
     funding for a replacement hospital at New Orleans, Louisiana 
     at this time because there is insufficient information to 
     determine the actual cost. The agreement does include funding 
     of $75,000,000 for advance planning and design associated 
     with construction of a replacement hospital in the New 
     Orleans area.
        The Department is directed to report to the Committees on 
     Appropriations of both Houses of Congress by February 28, 
     2006 on the long term plans for the construction of a 
     replacement hospital in New Orleans, Louisiana.


                      construction, minor projects

       The agreement provides $1,800,000 for Construction, Minor 
     Projects as proposed in the reallocation request dated 
     October 28, 2005.

                             RELATED AGENCY

                      Armed Forces Retirement Home

       The agreement provides $65,800,000 for the Armed Forces 
     Retirement Home instead of $20,800,000 as proposed in the 
     reallocation request dated October 28, 2005. Of the amount 
     provided, $45,000,000 is to be used to begin the process of 
     advanced planning and design for the reuse of the Gulfport, 
     Mississippi facility. Within 60 days of enactment of this 
     Act, the Armed Forces Retirement Home is to provide a report 
     to the Committees on Appropriations of both Houses of 
     Congress outlining in detail the expected use of these funds 
     and long-term plans for renovations and construction at both 
     the Washington and the Gulfport facilities.

                    GENERAL PROVISIONS--THIS CHAPTER

       The agreement includes a provision that waives the limit on 
     the amount of Federal funds that can be provided for Army 
     National Guard readiness center projects appropriated in this 
     chapter.
       The agreement includes a provision relating to the disposal 
     of Navy property on the Gulf Coast.
       The agreement includes four provisions, all requested in 
     the reallocation request of October 28, 2005. The provisions 
     give the Department the authority to address specific 
     limitations that currently inhibit the ability of the 
     Department to address emergent needs of veterans in the areas 
     affected by hurricanes in the Gulf of Mexico. The expanded 
     authority granted by these provisions will expire on 
     September 30, 2006.

                               CHAPTER 8

                         DEPARTMENT OF JUSTICE

                            Legal Activities


             Salaries and Expenses, United States Attorneys

        The conference agreement includes $9,000,000 for the 
     United States Attorneys to support operational recovery from 
     hurricane-related damage in the Gulf Coast region.

                     United States Marshals Service


                         Salaries and Expenses

       The conference agreement includes $9,000,000 for the United 
     States Marshals Service to support operational recovery from 
     hurricane-related damage in the Gulf Coast region.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       The conference agreement includes $45,000,000 for the 
     Federal Bureau of Investigation to support operational 
     recovery from hurricane-related damage in the Gulf Coast 
     region.

                    Drug Enforcement Administration


                         Salaries and Expenses

       The conference agreement includes $10,000,000 for the Drug 
     Enforcement Administration to support operational recovery

[[Page 29794]]

     from hurricane-related damage in the Gulf Coast region.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         Salaries and Expenses

       The conference agreement includes $20,000,000 for the 
     Bureau of Alcohol, Tobacco, Firearms and Explosives to 
     support operational recovery from hurricane-related damage in 
     the Gulf Coast region.

                         Federal Prison System


                        Buildings and Facilities

       The conference agreement includes $11,000,000 for the 
     Federal Prison System to repair hurricane-related damage in 
     the Gulf Coast region.

                       Office of Justice Programs


               State and Local Law Enforcement Assistance

       The conference agreement includes $125,000,000 for grants 
     to State and local law enforcement entities in the areas 
     affected by recent Gulf Coast hurricanes.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

       The conference agreement includes $17,200,000 for repair of 
     weather-related facilities, unplanned operational costs for 
     weather forecasting activities, upgrades and enhancements of 
     hurricane forecasting instruments, and acceleration of storm 
     surge and flood forecasting.


               Procurement, Acquisition and Construction

       The conference agreement includes $37,400,000 for repair of 
     weather-related facilities and observation platforms, 
     including damaged weather buoys and automated surface weather 
     observation stations, upgrades and enhancements of hurricane 
     forecasting instruments, an additional aircraft for hurricane 
     observations, and temporary operating space and requirements 
     for the damaged fisheries laboratory facility in Pascagoula, 
     Mississippi.

             National Aeronautics and Space Administration


                        Exploration Capabilities

       The conference agreement includes $349,800,000 for repair 
     and rehabilitation of National Aeronautics and Space 
     Administration facilities and other high priority 
     requirements resulting from recent Gulf Coast hurricanes.

                     Small Business Administration


                      Office of Inspector General

       The conference agreement includes $5,000,000 for the Office 
     of Inspector General to conduct audits, reviews, and 
     investigations of disaster-related activities.


                     Disaster Loans Program Account

                     (including transfer of funds)

       The conference agreement includes $441,000,000 for the 
     Disaster Loans Program Account for loan subsidy costs and 
     associated administrative expenses. The amount provided will 
     allow the Small Business Administration (SBA) to make 
     disaster loans to individuals and businesses in the wake of 
     recent Gulf Coast hurricanes. The conferees expect the SBA to 
     make not less than $50,000 available to increase call center 
     capacity and respond fully to questions from loan applicants, 
     including providing applicants with reasons for denying their 
     applications.
       The conferees are concerned about the SBA's slow pace of 
     approving disaster loan applications in the Gulf Coast 
     hurricane-affected region. The conferees encourage the SBA to 
     deliver disaster assistance as quickly as possible without 
     jeopardizing program integrity. The SBA shall immediately 
     report to the Committees on Appropriations on specific ways 
     it will expedite the disaster loan approval process, improve 
     information flow to disaster loan applicants, and expand the 
     disaster loan program to assist the widest population 
     possible.

                    GENERAL PROVISIONS--THIS CHAPTER


                     (Including Transfer of Funds)

       Sec. 801. The conference agreement includes language 
     regarding Manufacturing Extension Centers serving hurricane-
     affected areas.
       Sec. 802. The conference agreement includes language 
     requiring the Department of Justice to transfer funds made 
     available for the purchase of portable and mobile radios to 
     the Narrowband Communications/Integrated Wireless Network 
     account.

                               CHAPTER 9

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

       The conference agreement provides $40,600,000 for the 
     Federal Aviation Administration's (FAA) facilities and 
     equipment account for emergency hurricane-related response 
     activities. Multiple FAA facilities including control towers, 
     buildings and navigation aids were damaged by the recent 
     hurricanes and need to be repaired or replaced.

                     Federal Highway Administration


                        EMERGENCY RELIEF PROGRAM

       The conference agreement provides $2,750,000,000 to the 
     Department of Transportation (DOT) for repairing and 
     rebuilding highways, roads, bridges, and trails damaged by 
     Hurricanes Katrina, Rita, Wilma, and prior disasters that are 
     eligible for assistance under the Federal Highway 
     Administration's Emergency Relief (ER) program.
       Within the funds provided, up to $629,000,000 is available 
     to repair and reconstruct the I-10 bridge connecting New 
     Orleans and Slidell, Louisiana. These funds may be used to 
     rebuild the bridge to current design standards as allowable 
     under Section 125 of title 23, United States Code.
       The funds provided are available until expended. The 
     conference agreement waives the State matching share 
     requirements for all of the ER projects related to these 
     hurricanes and exempts projects for these hurricanes, 
     Hurricane Dennis, and the 2004-2005 winter storms in the 
     State of California from the ER program's $100,000,000 per 
     State per event cap.
       The conference agreement allows DOT to spend any excess 
     funds on other ER projects. The conferees permit DOT to 
     promptly allocate up to $550,000,000 of the funds provided to 
     address the existing backlog of ER projects to the extent the 
     funds are needed to contend with damages caused by natural 
     disasters or catastrophic failures from external causes that 
     occurred prior to Hurricane Wilma, provided that such 
     projects are ready to proceed to construction or are 
     otherwise eligible for reimbursement.

                        Maritime Administration


                        operations and training

       The conference agreement provides an additional $7,500,000 
     to the Department of Transportation to repair and reconstruct 
     the Poland Street pier and warehouse in New Orleans, 
     Louisiana, damaged as a result of Hurricane Katrina. These 
     assets are owned by the Maritime Administration and are used 
     in conjunction with the U.S. Navy to support the Ready 
     Reserve Force Fleet.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                     TENANT-BASED RENTAL ASSISTANCE

       The conference agreement includes $390,299,500 for tenant-
     based rental assistance. The conferees agree to limit the use 
     of funds to those individuals and families who were receiving 
     federal assistance or were homeless or in emergency shelters 
     in the declared disaster area prior to Hurricanes Katrina and 
     Rita.

                   Community Planning and Development


                       COMMUNITY DEVELOPMENT FUND

       The conference agreement includes $11,500,000,000 for 
     necessary expenses related to disaster relief, long term 
     recovery, restoration of infrastructure and mitigation in 
     communities in any declared disaster area in Louisiana, 
     Mississippi, Alabama, Florida, and Texas related to 
     Hurricanes Katrina, Rita or Wilma. Not more than five percent 
     of the funds granted may be used for administrative and 
     overhead expenses.
       The conference agreement emphasizes the requirement that 
     the States with the most impacted and distressed areas in 
     connection with the Gulf of Mexico hurricanes receive 
     priority consideration in the allocation of funds by HUD.
       Of the amounts made available under this heading up to 
     $40,000,000 may be made available for LISC and the Enterprise 
     Foundation for activities authorized under section 4 of the 
     HUD Demonstration Act of 1993 and section 11 of the Housing 
     Opportunity Program Extension Act of 1996.
       The conference agreement requires HUD, upon request by the 
     state and a finding by the Secretary that the waiver would 
     not be inconsistent with the overall purpose of the program, 
     to issue certain waivers and to review the waivers after two 
     years. The conference agreement also includes several 
     notification and reporting requirements prior to and during 
     the period in which any waiver is in effect.
       The conferees note that the Lower Manhattan Development 
     Corporation (LMDC), which was established as the entity to 
     plan and execute most of the redevelopment of the area 
     impacted by the September 11, 2001 terrorist attack in New 
     York City, has worked well to ensure an effective and 
     efficient use of emergency funds made available for site 
     redevelopment. The conferees encourage States to use the LMDC 
     as a model for implementing the provision in this Act, which 
     mandates that funds allocated under this heading be 
     administered through entities designated by the Governor of 
     each state.

                       Administrative Provisions

        Section 901 permits the Secretary during calendar year 
     2006 to authorize a public housing agency in the areas most 
     heavily impacted by Hurricanes Katrina and Rita to combine 
     their Capital Fund, Operating Fund and Section 8 tenant-based 
     monies to more effectively assist families receiving 
     assistance prior to Hurricanes Katrina and Rita.
       Section 902 directs HUD to preserve assisted housing to the 
     maximum extent possible considering costs and feasibility.

                             The Judiciary

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

       The conference agreement provides $18,000,000 for direct 
     hurricane recovery costs

[[Page 29795]]

     for affected Gulf Coast courts, as reflected in the 
     Judiciary's revised supplemental appropriations request. The 
     conferees deny the request for $10,641,000 to cover the costs 
     of future preparedness activities and direct the Judicial 
     Conference to include these items in the fiscal year 2006 
     financial plan.

                           INDEPENDENT AGENCY

                    General Services Administration


                         FEDERAL BUILDINGS FUND

       The conference agreement provides $38,000,000 for the 
     General Services Administration's federal buildings fund to 
     be available until expended. This includes funding for 
     emergency building operations, in support of cleaning, 
     assessing damage and repairing Federal buildings and United 
     States Courthouses damaged in the wake of Hurricanes Katrina 
     and Rita. These funds will be used for the unplanned costs 
     for equipment and additional professional and nonprofessional 
     contract staffing to support GSA personnel in the field with 
     damage assessment, recovery efforts and facilities operations 
     and maintenance, debris removal and clean-up activities. In 
     addition, this funding level will provide, to the extent 
     possible, for the short- and long-term repair and alterations 
     of the following buildings impacted by Hurricanes Katrina and 
     Rita, under the repairs and alterations account: Courthouse--
     Mobile, AL; Federal Building--Mobile, AL; Federal Building 
     Courthouse--Hattiesburg, MS; Post Office/Courthouse--Jackson, 
     MS; McCoy Federal Building--Jackson, MS; Federal Building/
     Courthouse--Gulfport, MS; Courthouse Annex--Gulfport, MS; 
     Gulfport Mechanical Building--Gulfport, MS; U.S. Courthouse--
     Pensacola, FL; Customs House--New Orleans, LA; FE Hebert 
     Federal Building--New Orleans, LA; JM Wisdom Courthouse; Hale 
     Boggs Federal Building--Courthouse; Border Patrol Sector 
     Headquarters (multiple buildings); New Orleans Post Office 
     (leased)--New Orleans, LA; and Harahan Depot (three 
     buildings)--Harahan, LA.

  TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS PANDEMIC 
                               INFLUENZA

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

        The conference agreement provides $11,350,000 for the 
     Office of the Secretary.
       The conferees direct the Secretary of Agriculture to 
     provide the Committees on Appropriations with quarterly 
     reports on the expenditure of the funds provided to the 
     Department in this Act for pandemic influenza preparedness 
     and hurricane relief. The reports shall also include details 
     on any reimbursements received by the Department from any 
     other federal agencies for expenses incurred in hurricane 
     relief or pandemic influenza preparedness. The first report 
     shall be transmitted no later than February 15, 2006.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

       The conference agreement provides $7,000,000 for the 
     Agricultural Research Service, Salaries and Expenses account.

      Cooperative State Research, Education, and Extension Service


                   RESEARCH AND EDUCATION ACTIVITIES

       The conference agreement provides $1,500,000 for the 
     Cooperative State Research, Education, and Extension Service, 
     Research and Education Activities for surveillance of the 
     Pacific flyway.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

       The conference agreement provides $71,500,000 for the 
     Animal and Plant Health Inspection Service, Salaries and 
     Expenses account.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       The conference agreement provides $20,000,000 for the Food 
     and Drug Administration (FDA), Salaries and Expenses account, 
     to enhance the FDA regulatory science base to facilitate the 
     production of new influenza vaccine drugs and diagnostic 
     products. This funding is to be directed toward expediting 
     the development, evaluation, and licensure of influenza 
     vaccines; enhancing the manufacturing capacity of vaccine 
     drug and diagnostic products; ensuring and monitoring the 
     safety and effectiveness of vaccines; ensuring the quality of 
     the vaccine manufacturing process, and developing better, 
     more rapid tests and assays.
       The conferees direct the Secretary of Health and Human 
     Services to provide the Committees on Appropriations with 
     quarterly reports on the expenditure of the funds provided 
     for the Food and Drug Administration in this Act for pandemic 
     influenza preparedness. The reports shall also include 
     details on any reimbursements received by the agency from any 
     other federal agencies for expenses incurred for pandemic 
     influenza preparedness. The first report shall be transmitted 
     no later than February 15, 2006.

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

       The following table provides details of the supplemental 
     appropriations for the Department of Defense in this title:

                        [In thousands of dollars]
------------------------------------------------------------------------
                    Account                       Request     Conference
------------------------------------------------------------------------
Avian flu:
    Operation and Maintenance, Defense-Wide...       10,000       10,000
    Defense Health Program....................      120,000      120,000
                                               -------------------------
        Total Pandemic Flu....................      130,000      130,000
------------------------------------------------------------------------

                       OPERATION AND MAINTENANCE


                operation and maintenance, defense-wide

       The conference agreement provides $10,000,000 for Operation 
     and maintenance, Defense-wide, for response preparedness and 
     training activities, as well as diagnostic, surveillance, and 
     communication equipment.

                  Other Department of Defense Programs


                         defense health program

       The conference agreement provides $120,000,000 for the 
     Defense Health Program to purchase avian influenza vaccines, 
     increase world-wide surveillance, and upgrade surveillance, 
     laboratory and information management equipment.

                               CHAPTER 3


       United States Agency for International Development (USAID)

       The conference agreement includes $131,530,000 for USAID 
     for activities associated with planning for and responding to 
     the avian influenza virus.

                    GENERAL PROVISIONS--THIS CHAPTER

       The conference agreement includes a provision that requires 
     the United States Agency for International Development submit 
     a report to the Committee on Appropriations detailing the use 
     of funds provided to the Agency in this Act.

                               CHAPTER 4

                    Department of Homeland Security


            office of the secretary and executive management

       The conferees agree to provide $47,283,000, to remain 
     available until expended, for necessary expenditures related 
     to planning for the consequences of a pandemic flu outbreak. 
     Funds are available for transfer to other appropriations 
     accounts subject to requirements for the reprogramming and 
     transfer of funds in Section 503 of Public Law 109-90.
       The additional funds will allow for training of Department 
     of Homeland Security personnel in emergency response 
     procedures and protocols related to the potential outbreak of 
     a highly pathogenic pandemic influenza, preparedness planning 
     within the Department, protection of Department employees, 
     modeling capabilities of likely patterns of pathogen 
     dispersion, and equipment to isolate potentially exposed 
     individuals. Recognizing pandemic influenza is not the only 
     pathogenic threat that may enter the Nation, the Department 
     should leverage its pandemic influenza activities to guard 
     against other highly infectious and deadly diseases.

                               CHAPTER 5

                       DEPARMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                          Resource Management

       The conference agreement provides $7,398,000, as requested, 
     for resource management to increase field monitoring for 
     avian influenza.


                         National Park Service

                 Operation of the National Park System

       The conference agreement provides $525,000, as requested, 
     for operation of the National Park System to coordinate 
     surveillance and monitoring of wild birds for avian influenza 
     within national parks.

                    United States Geological Survey


                 Surveys, Investigations, and Research

       The conference agreement provides $3,670,000, as requested, 
     for surveys, investigations, and research for an interagency 
     effort to detect avian influenza in wild birds, with an 
     initial focus on early detection activities in areas with a 
     high potential for contact between Asian and North American 
     birds.

                               CHAPTER 6

                Department of Health and Human Services

                        Office of the Secretary


            public health and social services emergency fund

       The conference agreement provides $3,300,000,000 to prepare 
     for and respond to an influenza pandemic, of which 
     $3,204,000,000 is to remain available until expended. Section 
     8116 of the Senate bill included $3,913,000,000 for this 
     purpose to remain available until expended. In addition, the 
     Senate included $8,158,589,000 for pandemic influenza in H.R. 
     3010, the appropriations bill for the Department of Health 
     and Human Services, of which $8,095,000,000 was to remain 
     available until expended.
       The conference agreement includes bill language designating 
     $350,000,000 for upgrading State and local response capacity, 
     particularly the planning and exercising of pandemic response 
     plans by State and local officials. Section 8116 of the 
     Senate bill proposed $600,000,000 for this activity. The 
     conferees are aware that any successful response to a

[[Page 29796]]

     pandemic influenza must include an effective response at the 
     State and local levels. This will require pre-established 
     partnerships and collaborative planning by public health 
     officials, law enforcement officials, hospital 
     administrators, and community leaders, who have considered a 
     broad range of scenarios and participated in realistic 
     response exercises. These planning and response exercises 
     should enable public health and law enforcement officials to 
     establish procedures and locations for quarantine, surge 
     capacity, diagnostics, and communication. The conferees 
     intend that most of these funds be put toward planning and 
     exercises. The conferees intend that these funds be provided 
     accompanied by established benchmarks and that a portion of 
     the funding be made available based on meeting performance 
     objectives at both the State and local levels.
       The conference agreement includes bill language designating 
     $50,000,000 for laboratory capacity and research at the 
     Centers for Disease Control and Prevention (CDC). Section 
     8116 of the Senate bill included $125,000,000 for this 
     purpose. The conferees intend that a portion of these funds 
     go to address a critical lack of influenza laboratory 
     capacity, which has resulted in delays in processing 
     influenza virus samples and the sharing of DNA sequence 
     information with outside laboratories in a timely manner. The 
     conferees also recognize that the proper laboratory and 
     research assets are vital to definitively characterize virus 
     strains and determine best practices among protective public 
     health measures. Finally, the conferees encourage the 
     development of an evidence base for the effectiveness of 
     policies and technologies to reduce respiratory disease 
     transmission, modeling means of social distancing, and 
     accelerating the development of rapid field diagnostic tests 
     suitable for both domestic and international use, 
     particularly use in developing nations.
       The conference agreement includes bill language designating 
     $246,000,000 for international activities, disease 
     surveillance, vaccine registries, research, and clinical 
     trials. $150,000,000 of this amount is designated in bill 
     language to CDC and is available until expended to carry out 
     global and domestic disease surveillance, laboratory 
     diagnostics, rapid response and quarantine. The conferees 
     recognize that increased international surveillance to track 
     influenza strains, implementation of surveillance and 
     quarantine measures at U.S. points-of-entry, and enhanced 
     domestic surveillance are key elements to the pandemic 
     response plan. An integrated global and domestic surveillance 
     and control system will serve to slow introduction of a 
     pandemic influenza strain into the general population, 
     thereby increasing the amount of time available for preparing 
     and deploying appropriate countermeasures.
       The balance of the funds provided, $2,750,000,000 are 
     available to support, at the Secretary's discretion, other 
     core preparedness activities, such as expanding the domestic 
     production capacity of influenza vaccine, developing and 
     stockpiling pandemic vaccine, and stockpiling antivirals and 
     other medical supplies necessary to protect and preserve 
     lives in the event of an outbreak of pandemic influenza.
       The conference agreement does not contain specific earmarks 
     of $3,080,000,000 for the stockpiling of antivirals and 
     medical supplies, $33,000,000 for global surveillance, and 
     $75,000,000 for risk communication as was included in section 
     8116 of the Senate bill.
       The conferees encourage CDC to partner with industry to 
     ensure it has the proper diagnostic ``surge capacity'' in 
     place for both surveillance and pandemic response. The 
     conferees also request that the Secretary be prepared to 
     report on a plan for using diagnostics in early-stage 
     clinical response to an emerging pandemic during the hearings 
     on the fiscal year 2007 budget.
       The conferees believe that HHS should give priority to 
     research and development activities that could realistically 
     be translated into vaccine production or pandemic detection, 
     diagnosis, or treatment regimes in the near to medium term. 
     The conferees encourage HHS to allocate funding to such areas 
     as vaccine development, testing, and production, including 
     cell culture technologies and cell line development; 
     antivirals, including dosing, timing, and efficacy screening; 
     alternative vaccine technologies, including synthetic 
     vaccines and vaccines composed of virus-like particles; 
     antiviral delivery mechanisms; improved diagnostics and 
     surveillance tools for influenza; enhanced tools and methods 
     for the molecular analysis of viruses, virus subtypes, and 
     host immunological response; antigen-sparing, heterosubtypic 
     immunity protective measures; and research into modes of 
     influenza transmission. The Secretary is strongly encouraged 
     to use the simplified acquisition authorities provided under 
     sections 319F-1 and 319F-2 of the Public Health Service Act 
     in awarding contracts, grants, and cooperative agreements.
       The conferees support the elaboration of novel adjuvant, 
     antigen-sparing and multivalent technologies that can bolster 
     the effectiveness and scope of vaccines based on adaptive or 
     innate immunological response.
       The conferees are aware of the key role migratory bird 
     tracking has played in predicting the spread of avian 
     influenza. The conferees encourage CDC to ensure that this 
     important activity is part of its surveillance activities.
       The conferees understand that smoking substantially 
     increases both the incidence and severity of influenza 
     because it compromises the upper respiratory system. One 
     study found that smoking more than doubles the risk of 
     developing clinical influenza. The conferees encourage CDC to 
     provide information about the link between smoking and an 
     increased risk for influenza infection and severity of 
     illness through existing quitlines and to collaborate with 
     other countries to assess the role of smoking in flu 
     epidemics.
       The conferees encourage HHS to procure for the Strategic 
     National Stockpile essential supplies that may be needed in 
     the event of a pandemic including syringes, ventilators, 
     respirators, diagnostic equipment, surgical masks, and 
     gloves.
       To prevent co-infection, the conferees urge the Secretary 
     to promote the widespread vaccination against seasonal 
     influenza.
       The conferees encourage the Centers for Medicare and 
     Medicaid Services to establish standards for the measurement 
     of use by beneficiaries under the Medicare and Medicaid 
     programs of adult immunizations for influenza and to conduct 
     a study to determine the feasibility and advisability of 
     including adult immunization for influenza as a performance 
     measure under quality initiatives conducted by the Secretary 
     under the Medicare and Medicaid programs. The study should 
     also consider as a requirement of accreditation of a provider 
     of services compliance with recommended adult immunizations.
       The conferees direct the Secretary to provide on a semi-
     annual basis to the House and Senate Appropriations 
     Committees a report identifying the disbursements of funds 
     received under this heading and a listing of the governments, 
     companies and organizations that received funding. The report 
     should include the amount and purpose of each grant or other 
     form of assistance. Finally, the report should include the 
     cumulative obligations by activity of the funds made 
     available under this heading for pandemic preparedness, as 
     well as any remaining unobligated balances.

                               CHAPTER 7

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                            MEDICAL SERVICES

        The agreement provides $27,000,000 for Medical Services 
     for enhanced human health surveillance related to avian and 
     pandemic influenza as proposed in the request dated November 
     1, 2005.

                               CHAPTER 8

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

       The conference agreement includes $16,000,000 for 
     diplomatic outreach, health support of United States 
     Government employees, Peace Corps volunteers, and families, 
     and continuity of operations at United States missions 
     overseas due to the impact of avian and pandemic influenza. 
     The conference agreement includes language directing that 
     $1,100,000 be transferred to the Peace Corps for costs 
     associated with Peace Corps volunteers.


           Emergencies in the Diplomatic and Consular Service

       The conference agreement includes $15,000,000 for costs of 
     emergency evacuation of United States Government personnel 
     and dependents from United States missions overseas due to 
     the impact of avian and pandemic influenza. The conferees 
     request to be consulted prior to the use of any funds 
     relating to evacuation of Peace Corps volunteers.
       The conference agreement includes language allowing the 
     Secretary of State to transfer additional funding to this 
     account should evacuation requirements exceed the available 
     resources. The exercise of the transfer authority is subject 
     to the Secretary's determination that circumstances related 
     to the avian influenza require additional funding from this 
     account, and notification to the Committees on Appropriations 
     five days in advance of any transfer using this authority. 
     The authority to transfer funds for this purpose is not 
     subject to the percentage limitations contained in section 
     402 of Public Law 109-108 that are normally applicable to 
     transfers between accounts. The conferees note that, in 
     addition to fiscal year 2006 appropriations, unobligated 
     balances totaling $17,000,000 are currently available in this 
     account.

                   TITLE III--RESCISSIONS AND OFFSETS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service


                        conservation operations

       The conference agreement includes language that rescinds 
     certain unobligated balances in the Conservation Operations 
     program.

                        Rural Utilities Service


         distance learning, telemedicine, and broadband program

       The conference agreement includes language that rescinds 
     certain unobligated balances in the Public Broadcast grant 
     program.

[[Page 29797]]



                       Food and Nutrition Service


                           food stamp program

       The conference agreement includes language that rescinds 
     certain unobligated prior-year balances in the Food Stamp 
     Employment and Training program.

                      Foreign Agricultural Service


       public law 480 title I [Ocean Freight Differential Grants]

       The conference agreement includes language that rescinds 
     certain unobligated balances of the ocean freight 
     differential grant program.

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

       The following table provides details of the offsets for the 
     Department of Defense in this title:

                        [In thousands of dollars]
------------------------------------------------------------------------
                    Account                       Request     Conference
------------------------------------------------------------------------
Rescissions:
    Operation and Maintenance
        Support for International Sporting           26,000
         Competitions.........................
        Disposal of Department of Defense Real       45,000       45,000
         Property.............................
        Lease of Department of Defense Real          30,000       30,000
         Property.............................
        Overseas Military Facility Investment         5,000        5,000
         Recovery.............................
    Research, Development, Test and Evaluation
        RDT&E, Army
            Venture Capital...................       14,000           --
            Joint Common Missile (JCM) Program       34,600           --
                                               -------------------------
            Total Rescissions.................      154,600       80,000
------------------------------------------------------------------------

                               CHAPTER 3

                           FOREIGN OPERATIONS

       The conference agreement includes language that reduces 
     balances in Public Law 109-102 and Public Law 108-447, under 
     the heading, ``Export-Import Bank Subsidy Appropriation'', by 
     a total of $25,000,000

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard


                           Operating Expenses

                         (RESCISSION OF FUNDS)

       The conferees agree to rescind $260,533,000 for accrual 
     payments for Medicare-eligible employees which have been met 
     using permanent indefinite discretionary authority.

                  Federal Emergency Management Agency


                            Disaster Relief

                         (Rescission of funds)

       The conferees agree to rescind $23,409,300,000 from the 
     Disaster Relief Fund.

                                CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   Management of Lands and Resources

                              (Rescission)

       The conference agreement rescinds $500,000 in unobligated 
     balances in the management of lands and resources account.

                United States Fish and Wildlife Service


                      Landowner Incentive Program

                              (Rescission)

       Tne conference agreement rescinds $2,000,000 in unobligated 
     balances in the landowner incentive program.


            Cooperative Endangered Species Conservation Fund

                              (Rescission)

       The conference agreement rescinds $1,000,000 in unobligated 
     balances in the cooperative endangered species conservation 
     fund.

                               CHAPTER 6

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology


                     Industrial Technology Services

                              (Rescission)

       The conference agreement includes a rescission of 
     $7,000,000 from unobligated balances available under this 
     heading.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

                              (Rescission)

       The conference agreement includes a rescission of 
     $10,000,000 from unobligated balances available under this 
     heading.


             Embassy Security, Construction and Maintenance

                              (Rescission)

       The conference agreement includes a rescission of 
     $20,000,000 from unobligated balances available under this 
     heading.

                               CHAPTER 7

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration


                          federal-aid highways

                          (HIGHWAY TRUST FUND)

                              (RESCISSION)

       The conference agreement includes a rescission of 
     $1,143,000,000 of the unobligated balances of funds 
     apportioned to the States under chapter 1 of title 23, United 
     States Code, excluding safety programs and funds set aside 
     within the State for population areas. The conferees direct 
     the Federal Highway Administration to administer the 
     rescission by allowing each State maximum flexibility in 
     making adjustments among the apportioned highway programs.

                    Federal Railroad Administration


    EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

                              (RESCISSION)

       The conference agreement rescinds $8,300,000 from 
     Efficiency Incentive Grants to the National Railroad 
     Passenger Corporation and repeals section 135 of Division A 
     of Public Law 109-115.

                               CHAPTER 8

                      GOVERNMENT-WIDE RESCISSIONS

        The conference agreement includes a 1 percent across-the-
     board rescission to discretionary budgetary resources 
     provided in fiscal year 2006 regular appropriations Acts, as 
     well as to any previously enacted fiscal year 2006 advance 
     appropriation and to any contract authority subject to 
     limitation. The rescission does not apply to the Department 
     of Veterans Affairs or spending designated as an emergency 
     requirement.

               TITLE IV--HURRICANE EDUCATION RECOVERY ACT

    Subtitle A--Elementary and Secondary Education Hurricane Relief

       The conference agreement includes language that authorizes 
     assistance to elementary and secondary students and schools 
     impacted by the hurricanes in the Gulf of Mexico in calendar 
     year 2005. Funding to carry out this authority is included in 
     chapter 6 of title 1.

             Subtitle B--Higher Education Hurricane Relief

       The conference agreement includes temporary waivers to and 
     modifications of certain higher education act requirements in 
     order to provide flexibility to and ease financial burdens on 
     postsecondary students and institutions impacted by the 
     hurricanes in the Gulf of Mexico in calendar year 2005.

      Subtitle C--Education and Related Programs Hurricane Relief

       The conference agreement includes language to extend 
     certain deadlines of the individuals with disabilities 
     education act and waivers relating to Head Start and the 
     Child Care and Development Block Grant. This language is 
     included to facilitate assistance related to the hurricanes 
     in the Gulf of Mexico in calendar year 2005.

         TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

       The conference agreement includes a provision relating to 
     the availability of funds.
       The conference agreement includes a provision relating to 
     any reference to ``this Act''.
       The conference agreement includes a provision removing the 
     authority to make further transfers to or from the Emergency 
     Response Fund.
       The conference agreement includes a technical correction 
     regarding funds appropriated to the Cooperative State 
     Research Education and Extension Service.
        The conference agreement includes a technical correction 
     to the Energy and Water Development Appropriations Act, 2005, 
     relating to the Animas-La Plata project.
       The conference agreement includes a technical correction to 
     the Energy and Water Development Appropriations Act, 2006, 
     relating to the San Gabriel Basin Restoration Fund.
       The conference agreement includes a technical correction to 
     the Energy and Water Development Appropriations Act, 2006, 
     relating to the Placer County, California, wastewater 
     treatment project.
       The conference agreement includes a technical correction to 
     the Energy and Water Development Appropriations Act, 2006, 
     relating to the Central New Mexico Project.
       The conference agreement includes a provision correcting an 
     enrollment error in the Energy and Water Development 
     Appropriations Act, 2006, relating to a Hurricane Protection 
     Study in Louisiana.
       The conference agreement includes a technical correction to 
     the Energy and Water Development Appropriations Act, 2006, 
     related to the Western Area Power Administration.
       The conference agreement includes a general provision 
     making $50,000,000 available to the New York State Uninsured 
     Employers Fund and $75,000,000 to the Centers for Disease 
     Control and Prevention for purposes related to the September 
     11, 2001 terrorist attacks. These funds replace $125,000,000 
     included in the supplemental appropriations for New York 
     State made following the September 11th attacks that were 
     unable to be spent for administering worker compensation 
     claims and were rescinded in the regular FY 2006 Labor-HHS-
     Education Appropriations Act.
       The conference agreement includes language that amends the 
     Flexibility for Displaced Workers Act (Public Law 109-72) to 
     strike ``Hurricane Katrina'' and insert ``hurricanes in the 
     Gulf of Mexico in calendar year 2005'' each place it appears.
       The conference agreement includes a provision that amends 
     section 124 of Public Law 109-114.
       The conference agreement includes a provision that amends 
     section 128 of Public Law 109-114.
       The conference agreement includes a provision that makes a 
     technical correction to a

[[Page 29798]]

     military construction project in Public Law 109-114.
       The conference agreement includes a provision that makes a 
     technical correction to the short title of Public Law 109-
     114.
       The conference agreement makes technical corrections to the 
     capital investment grants listed in Public Law 109-115.
       The conference agreement clarifies activities that are 
     subject to section 205 of division A of Public Law 109-115.
       The conference agreement makes a technical correction to an 
     economic development grant in Public Law 108-447.
       The conference agreement makes technical corrections to 
     economic development grants in Public Law 109-115.
       The conference agreement makes technical corrections to an 
     economic development grant in Public Law 108-447.
       The conference agreement precludes the funds appropriated 
     to the 2001 Emergency Supplemental Appropriations Act for 
     Recovery from and Response to Terrorist Attacks from being 
     transferred to or from the Emergency Response Fund.

                   Conference Total--With Comparison

       The total new budget (obligational) authority for the 
     fiscal year 2006 recommended by the Committee of Conference 
     and comparisons to the 2006 budget estimates for 2006 follow:

                       [In thousands of dollars]

Budget estimates of new (obligational) authority, fiscal year 4,825,347
Conference agreement, fiscal year 2006                         -618,007
Conference agreement compared with:
  Budget estimates of new (obligational) authority, fiscal ye-5,443,354

         DIVISION C--AMERICAN ENERGY INDEPENDENCE AND SECURITY

       The conference report includes division C concerning the 
     lease of lands for oil and gas exploration and production 
     within a defined area of the Arctic National Wildlife Refuge.

      DIVISION D--DISTRIBUTION OF REVENUES AND DISASTER ASSISTANCE

       The conference report includes division D, which provides 
     for the distribution of revenues derived from bonus, rental, 
     and royalty receipts from federal oil and gas leasing and 
     operations within the Arctic National Wildlife Refuge and 
     from receipts derived from the Digital Television Transition 
     and Public Safety Fund.

                               DIVISION E

       The conference agreement includes as division E the 
     ``Public Readiness and Emergency Preparedness Act''.
     Bill Young,
     David Hobson,
     Henry Bonilla,
     R.P. Frelinghuysen,
     Todd Tiahrt,
     Roger F. Wicker,
     Jack Kingston,
     Kay Granger,
     James T. Walsh,
     Robert B. Aderholt,
     Jerry Lewis,
     John P. Murtha,
     Norman D. Dicks
       (Except for Division C as to ANWR),
     Martin Olav Sabo
       (Except for 1% cut in Division B and Division C),
     Peter J. Visclosky
       (Except for Division C and Division B as to 1% cut and 
     avian flu section),
     James P. Moran
       (Except for Division B and Division C as to 1% cut, avian 
     flu and ANWR provision),
     Marcy Kaptur
       (Except for ANWR provision and Division B and Division C as 
     to 1% cuts and avian flu),
     Chet Edwards
       (Except for 1% cut),
     David R. Obey
       (Except for Division C, Division B as to 1% cut and avian 
     flu),
                                Managers on the Part of the House.

     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Pete V. Domenici,
     Kit Bond,
     Mitch McConnell,
     Richard C. Shelby,
     Judd Gregg,
     Kay Bailey Hutchison,
     Conrad Burns.
     Daniel K. Inouye,
     Robert C. Byrd
       (Except ANWR and across the board cut and avian flu vaccine 
     liability and compensation provisions),
     Byron L. Dorgan
       (Except for ANWR and 1% cut and avian flu vaccine liability 
     and compensation provisions),
     Dianne Feinstein
       (Except ANWR and 1% cut and avian flu vaccine liability and 
     compensation provisions),
     Barbara A. Mikulski
       (Except ANWR and 1% A+B cut and avian flu vaccine liability 
     and compensation provisions),
     Managers on the Part of the Senate.

                          ____________________