[Congressional Record (Bound Edition), Volume 152 (2006), Part 5]
[Senate]
[Pages 6089-6115]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3612. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 125, line 17, strike ``Prohibition'' and insert 
     ``(a) Prohibition''.
       On page 126, line 4, strike the quotation mark and the 
     period that follows.
       On page 126, after line 4, insert the following:
       ``(b) Waiver Authority.--(1) The President may waive 
     subsection (a) with respect to the administrative and 
     personal security costs of the Office of the President of the 
     Palestinian Authority and for activities of the President of 
     the Palestinian Authority to promote democracy and the rule 
     of law if the President certifies and reports to the 
     Committees on Appropriations that--
       ``(A) it is in the national security interest of the United 
     States to provide such assistance; and
       ``(B) the President of the Palestinian Authority and the 
     President's party are not affiliated with Hamas or any other 
     foreign terrorist organization.
       ``(2) Prior to exercising the authority provided in this 
     subsection, the President shall consult with, and shall 
     provide a written policy justification to, the Committees on 
     Appropriations and the Committee on International Relations 
     of the House of Representatives and the Committee on Foreign 
     Relations of the Senate.''.
                                 ______
                                 
  SA 3613. Mr. VOINOVICH (for himself, Mr. Obama, Mr. DeWine, Mr.

[[Page 6090]]

Levin, Ms. Stabenow, Mr. Durbin, and Mr. Dayton) submitted an amendment 
intended to be proposed by him to the bill H.R. 4939, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2006, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 159, line 24, after ``2006'' insert the following: 
     ``: Provided further, That, of the amount provided under this 
     heading, $400,000 shall be made available for the operation 
     of the Chicago Sanitary and Ship Canal Demonstration Barrier, 
     Illinois, which was constructed under section 1202(i)(3) of 
     the Nonindigenous Aquatic Nuisance Prevention and Control Act 
     of 1990 (16 U.S.C. 4722(i)(3))''.
       On page 162, between lines 12 and 13, insert the following:


                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2401. Section 1202(i)(3)(C) of the Nonindigenous 
     Aquatic Nuisance Prevention and Control Act of 1990 (16 
     U.S.C. 4722(i)(3)(C)), is amended by striking ``, to carry 
     out this paragraph, $750,000'' and inserting ``such sums as 
     are necessary to carry out the dispersal barrier 
     demonstration project under this paragraph''.
                                 ______
                                 
  SA 3614. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


PROHIBITION ON USE OF FUNDS FOR CONDEMNATION OF LAND LOCATED NEAR PINON 
                                 CANYON

       Sec. 7032. (a) Subject to subsection (b), any funds made 
     available to the Department of Defense pursuant to the 
     Department of Defense Appropriations Act, 2006 (Division A of 
     Public Law 109-148; 119 Stat. 2680) or any other Act shall 
     not be obligated or expended to acquire land located near the 
     Pinon Canyon Maneuver Site if the land acquisition requires--
       (1) condemnation;
       (2) seizure by a Federal entity of private property; or
       (3) any other means.
       (b) The prohibition on the use of funds described in 
     subsection (a) shall not apply to a land exchange between a 
     willing seller and a willing buyer.
                                 ______
                                 
  SA 3615. Mr. THOMAS (for himself and Mr. Ensign) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

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

       TITLE I--GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      FOREIGN AGRICULTURAL SERVICE

                     Public Law 480 Title II Grants

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

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $6,506,223,000: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $1,061,724,000: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $834,122,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,145,363,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $166,070,000: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $110,412,000: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $10,327,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $1,940,000: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $96,000,000: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $1,200,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $18,380,310,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                    Operation and Maintenance, Navy


                     (including transfer of funds)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $2,793,600,000: Provided, That up to $75,020,000 
     shall be available for the Department of Homeland Security, 
     ``United States Coast Guard, Operating Expenses'': Provided 
     further, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,722,911,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,328,869,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $3,259,929,000, of which--
       (1) not to exceed $25,000,000 may be used for the Combatant 
     Commander Initiative Fund, to be used in support of Operation 
     Iraqi Freedom and Operation Enduring Freedom;
       (2) not to exceed $10,000,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of Defense, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes;
       (3) not to exceed $1,200,000,000 to remain available until 
     expended, may be used for payments to reimburse Pakistan, 
     Jordan, and other key cooperating nations, for logistical, 
     military, and other support provided, or to be provided, to 
     United States military operations, notwithstanding any other 
     provision of law: Provided, That such payments may be made in 
     such amounts as

[[Page 6091]]

     the Secretary of Defense, with the concurrence of the 
     Secretary of State, and in consultation with the Director of 
     the Office of Management and Budget, may determine, in his 
     discretion, based on documentation determined by the 
     Secretary of Defense to adequately account for the support 
     provided, and such determination is final and conclusive upon 
     the accounting officers of the United States, and 15 days 
     following notification to the appropriate congressional 
     committees: Provided further, That the Secretary of Defense 
     shall provide quarterly reports to the congressional defense 
     committees on the use of funds provided in this paragraph; 
     and
       (4) not to exceed $44,500,000 for Cooperative Threat 
     Reduction:

     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $55,675,000: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

                    Afghanistan Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For the ``Afghanistan Security Forces Fund'', 
     $1,851,833,000, to remain available until September 30, 2007: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, for 
     the purpose of allowing the Commander, Office of Security 
     Cooperation--Afghanistan, or the Secretary's designee, to 
     provide assistance, with the concurrence of the Secretary of 
     State, to the security forces of Afghanistan, including the 
     provision of equipment, supplies, services, training, 
     facility and infrastructure repair, renovation, and 
     construction, and funding: Provided further, That the 
     authority to provide assistance under this heading is in 
     addition to any other authority to provide assistance to 
     foreign nations: Provided further, That the Secretary of 
     Defense may transfer such funds to appropriations for 
     military personnel; operation and maintenance; Overseas 
     Humanitarian, Disaster, and Civic Aid; procurement; research, 
     development, test and evaluation; and defense working capital 
     funds to accomplish the purposes provided herein: Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense: Provided further, That upon a determination that all 
     or part of the funds so transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That contributions of funds for the 
     purposes provided herein from any person, foreign government, 
     or international organization may be credited to this Fund, 
     and used for such purposes: Provided further, That the 
     Secretary shall notify the congressional defense committees 
     in writing upon the receipt and upon the transfer of any 
     contribution delineating the sources and amounts of the funds 
     received and the specific use of such contributions: Provided 
     further, That the Secretary of Defense shall, not fewer than 
     five days prior to making transfers from this appropriation 
     account, notify the congressional defense committees in 
     writing of the details of any such transfer: Provided 
     further, That the Secretary shall submit a report no later 
     than 30 days after the end of each fiscal quarter to the 
     congressional defense committees summarizing the details of 
     the transfer of funds from this appropriation: Provided 
     further, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

        For the ``Iraq Security Forces Fund'', $3,007,000,000, to 
     remain available until September 30, 2007: Provided, That 
     such funds shall be available to the Secretary of Defense, 
     notwithstanding any other provision of law, for the purpose 
     of allowing the Commander, Multi-National Security Transition 
     Command--Iraq, or the Secretary's designee, to provide 
     assistance, with the concurrence of the Secretary of State, 
     to the security forces of Iraq, including the provision of 
     equipment, supplies, services, training, facility and 
     infrastructure repair, renovation, and construction, and 
     funding: Provided further, That the authority to provide 
     assistance under this heading is in addition to any other 
     authority to provide assistance to foreign nations: Provided 
     further, That the Secretary of Defense may transfer such 
     funds to appropriations for military personnel; operation and 
     maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
     procurement; research, development, test and evaluation; and 
     defense working capital funds to accomplish the purposes 
     provided herein: Provided further, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That upon a determination that all or part of the funds so 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That 
     contributions of funds for the purposes provided herein from 
     any person, foreign government, or international organization 
     may be credited to this Fund, and used for such purposes: 
     Provided further, That the Secretary shall notify the 
     congressional defense committees in writing upon the receipt 
     and upon the transfer of any contribution delineating the 
     sources and amounts of the funds received and the specific 
     use of such contributions: Provided further, That the 
     Secretary of Defense shall, not fewer than five days prior to 
     making transfers from this appropriation account, notify the 
     congressional defense committees in writing of the details of 
     any such transfer: Provided further, That the Secretary shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the congressional defense committees 
     summarizing the details of the transfer of funds from this 
     appropriation: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $1,983,351,000, to remain 
     available until September 30, 2008: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $7,528,657,000, to remain

[[Page 6092]]

     available until September 30, 2008: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $293,980,000, to remain available until September 30, 
     2008: Provided, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $90,800,000, to remain available until September 30, 2008: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $330,996,000, to remain available 
     until September 30, 2008: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $111,719,000, to remain available until September 30, 2008: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $3,260,582,000, to remain available until September 30, 2008: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $663,595,000, to remain available until September 
     30, 2008: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,489,192,000, to remain available until September 
     30, 2008: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                       Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $424,177,000, to remain available 
     until September 30, 2007: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $126,845,000, to remain available 
     until September 30, 2007: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $305,110,000, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $145,921,000, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $502,700,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $156,800,000, to remain 
     available until expended: Provided, That these funds may be 
     used only for such activities related to Afghanistan and the 
     Central Asia area: Provided further, That the Secretary of 
     Defense may transfer such funds only to appropriations for 
     military personnel; operation and maintenance; procurement; 
     and research, development, test and evaluation: Provided 
     further, That the funds transferred shall be merged with and 
     be available for the same purposes and for the same time 
     period as the appropriation to which transferred: Provided 
     further, That the transfer authority provided in this 
     paragraph is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $6,120,000, to remain available until September 
     30, 2007: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                            RELATED AGENCIES

               Intelligence Community Management Account

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

                    GENERAL PROVISIONS--THIS CHAPTER


                          (TRANSFER OF FUNDS)

       Sec. 1201. Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $2,000,000,000 of 
     the funds made available to the Department of Defense in this 
     chapter: Provided, That the Secretary shall notify the 
     Congress promptly of each transfer made pursuant to this 
     authority: Provided further, That the transfer authority 
     provided in this section is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That the authority in this section is subject to the 
     same terms and conditions as the authority provided in 
     section 8005 of the Department of Defense Appropriations Act, 
     2006, except for the fourth proviso.
       Sec. 1202. (a) Authority To Provide Support.--Of the amount 
     appropriated by this Act under the heading ``Drug 
     Interdiction and Counter-Drug Activities, Defense'', not to 
     exceed $40,000,000 may be made available for support for 
     counter-drug activities of the Governments of Afghanistan and 
     Pakistan: Provided, That such support shall be in addition to 
     support provided for the counter-drug activities of such 
     Governments under any other provision of the law.
       (b) Types of Support.--(1) Except as specified in 
     subsections (b)(2) and (b)(3) of this section, the support 
     that may be provided under the authority in this section 
     shall be limited to the types of support specified in

[[Page 6093]]

     section 1033(c)(1) of the National Defense Authorization Act 
     for Fiscal Year 1998 (Public Law 105-85, as amended by Public 
     Law 106-398 and Public Law 108-136), and conditions on the 
     provision of support as contained in such section 1033 shall 
     apply for fiscal year 2006.
       (2) The Secretary of Defense may transfer vehicles, 
     aircraft, and detection, interception, monitoring and testing 
     equipment to such Governments for counter-drug activities.
       (3) For the Government of Afghanistan, the Secretary of 
     Defense may also provide individual and crew-served weapons, 
     and ammunition for counter-drug security forces.
       Sec. 1203. Notwithstanding 10 U.S.C. 2208(l), the total 
     amount of advance billings rendered or imposed for all 
     working capital funds of the Department of Defense in fiscal 
     year 2006 shall not exceed $1,500,000,000: Provided, That the 
     amounts made available pursuant to this section are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       Sec. 1204. In addition to amounts authorized in section 
     1202(a) of Public Law 109-163, from funds made available in 
     this chapter to the Department of Defense, not to exceed 
     $423,000,000 may be used to fund the Commander's Emergency 
     Response Program and for a similar program to assist the 
     people of Afghanistan, to remain available until December 31, 
     2007.
       Sec. 1205. Supervision and administration costs associated 
     with a construction project funded with ``Afghanistan 
     Security Forces Fund'' or ``Iraq Security Forces Fund'' 
     appropriations may be obligated at the time a construction 
     contract is awarded: Provided, That for the purpose of this 
     section, supervision and administration costs include all in-
     house Government costs.
       Sec. 1206. None of the funds provided in this chapter may 
     be used to finance programs or activities denied by Congress 
     in fiscal year 2005 and 2006 appropriations to the Department 
     of Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.

                               CHAPTER 3

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

               CHILD SURVIVAL AND HEALTH PROGRAMS FUND -

       For an additional amount for ``Child Survival and Health 
     Programs Fund'', $5,300,000, to remain available until 
     September 30, 2007: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.


                         DEVELOPMENT ASSISTANCE

       For an additional amount for ``Development Assistance'', 
     $10,500,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                INTERNATIONAL DISASTER FAMINE ASSISTANCE

       For an additional amount for ``International Disaster and 
     Famine Assistance'', $136,290,000, to remain until expended: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $61,600,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                  Other Bilateral Economic Assistance


                         ECONOMIC SUPPORT FUND-

       For an additional amount for ``Economic Support Fund'', 
     $1,584,500,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                          Department of State


                            DEMOCRACY FUND-

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


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $107,700,000, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.


                    MIGRATION AND REFUGEE ASSISTANCE

       For an additional amount for ``Migration and Refugee 
     Assistance'', $51,200,000, to remain available until 
     September 30, 2007: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                       Department of the Treasury


              INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE-

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

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                        PEACEKEEPING OPERATIONS-

       For an additional amount for ``Peacekeeping Operations'', 
     $123,000,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER


              (including transfer and rescission of funds)

       Sec. 1301. Funds appropriated or made available by transfer 
     in this chapter may be obligated and expended notwithstanding 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (Public Law 103-236).
       Sec. 1302. Of the funds made available under the heading 
     ``Iraq Relief and Reconstruction Fund'' in chapter 2 of title 
     II of Public Law 108-106, $185,500,000 is hereby transferred 
     to and merged with the appropriation for ``Economic Support 
     Fund'' contained in this Act: Provided, That the amount 
     transferred by this section is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.


                         (rescission of funds)

       Sec. 1303. Of the funds made available for Coalition 
     Solidarity Initiative under the heading ``Peacekeeping 
     Operations'' in chapter 2 of title II of division A of Public 
     Law 109-13, $17,000,000 is rescinded.
       Sec. 1304. Notwithstanding any other provision of law, 
     amounts under the heading ``Iraq Relief and Reconstruction 
     Fund'' in title II of Public Law 108-106 shall remain 
     available for one additional year from the date on which the 
     availability of funds would otherwise have expired, if such 
     funds are initially obligated before the expiration of the 
     period of availability provided herein: Provided, That, 
     notwithstanding section 2207(d) of Public Law 108-106, 
     requirements of section 2207 of Public Law 108-106 shall 
     expire on October 1, 2008.

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard


                          OPERATING EXPENSES -

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

                               CHAPTER 5

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Army-

       For an additional amount for ``Military Construction, 
     Army'', $287,100,000, to remain available until September 30, 
     2007: Provided, That notwithstanding any other provision of 
     law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006: Provided further, That none of the 
     funds provided under this heading may be obligated or 
     expended until after that date on which the Secretary of 
     Defense submits an updated master plan for overseas military 
     infrastructure to the Committees on Appropriations of the 
     House of Representatives and Senate: Provided further, That, 
     subject to the preceding proviso, $60,000,000 of the funds 
     provided under this heading may not be obligated or expended 
     until after that date on which the Secretary of Defense 
     submits a detailed plan for Counter IED/Urban Bypass Roads, 
     Iraq, to

[[Page 6094]]

     the Committees on Appropriations of the House of 
     Representatives and Senate.

                   Military Construction, Air Force-

       For an additional amount for ``Military Construction, Air 
     Force'', $35,600,000, to remain available until September 30, 
     2007: Provided, That notwithstanding any other provision of 
     law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006: Provided further, That none of the 
     funds provided under this heading may be obligated or 
     expended until after that date on which the Secretary of 
     Defense submits an updated master plan for overseas military 
     infrastructure to the Committees on Appropriations of the 
     House of Representatives and Senate.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 1501. The matter under the heading ``Veterans Health 
     Administration--Medical Services'' in chapter 7 of title I of 
     division B of Public Law 109-148 is amended by inserting 
     after ``calendar year 2005'' the following: ``and for 
     unanticipated costs related to the Global War on Terror'': 
     Provided, That the provisions of this section are designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress), the concurrent resolution on 
     the budget for fiscal year 2006.

                               CHAPTER 6

                         DEPARTMENT OF JUSTICE

                            Legal Activities


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $99,000,000, to remain available until September 30, 2007: 
     Provided, That no funding provided in this Act shall be 
     available for obligation for a new or enhanced information 
     technology program unless the Deputy Attorney General and the 
     investment review board certify to the Committees on 
     Appropriations that the information technology program has 
     appropriate program management and contractor oversight 
     mechanisms in place, and that the program is compatible with 
     the enterprise architecture of the Department of Justice and 
     Federal Bureau of Investigation: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $4,100,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

                     (including transfer of funds)

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $1,380,500,000, to remain available until 
     September 30, 2007: Provided, That of the amount made 
     available under this heading, $1,326,000 shall be available 
     for transfer to the United States Institute of Peace: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                      OFFICE OF INSPECTOR GENERAL

                     (including transfer of funds)-

       For an additional amount for ``Office of Inspector 
     General'', $25,300,000, to remain available until September 
     2007, of which $24,000,000 shall be transferred to the 
     Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

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

                      International Organizations


         CONTRIBUTIONS TO INTERNATIONAL PEACEKEEPING ACTIVITIES

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

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 INTERNATIONAL BROADCASTING OPERATIONS

       For an additional amount for ``International Broadcasting 
     Operations'', $7,600,000, to remain available until expended: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant section 402 
     of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                   BROADCASTING CAPITAL IMPROVEMENTS

       For an additional amount for ``Broadcasting Capital 
     Improvements'', $28,500,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 1601. Funds appropriated by this Act for the 
     Broadcasting Board of Governors and the Department of State 
     may be obligated and expended notwithstanding section 15 of 
     the State Department Basic Authorities Act of 1956, section 
     313 of the Foreign Relations Authorization Act, Fiscal Years 
     1994 and 1995 (Public Law 103-236), and section 504(a)(1) of 
     the National Security Act of 1947.

                               CHAPTER 7

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         SALARIES AND EXPENSES

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

        TITLE II--FURTHER HURRICANE DISASTER RELIEF AND RECOVERY

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Executive Operations


                          WORKING CAPITAL FUND

       For an additional amount for ``Working Capital Fund'' for 
     necessary expenses related to the consequences of Hurricane 
     Katrina and other hurricanes of the 2005 season, $25,000,000, 
     to remain available until September 30, 2007: Provided, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                     Agricultural Research Service


                       Buildings AND FACILITIES-

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

                 Natural Resources Conservation Service


                Emergency Watershed Protection Program-

       For an additional amount for ``Emergency Watershed 
     Protection Program'' $10,000,000, to remain available until 
     September 30, 2008, for the purchase of easements on 
     floodplain lands in disaster areas affected by Hurricane 
     Katrina and other hurricanes of the 2005 season: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $2,125,000, for necessary

[[Page 6095]]

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Navy Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

                              PROCUREMENT

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Shipbuilding and Conversion, 
     Navy'', $775,236,000 to remain available until September 30, 
     2010, for necessary expenses related to the consequences of 
     Hurricane Katrina and other hurricanes of the 2005 season, 
     which shall be available for transfer within this account to 
     replace destroyed or damaged equipment; prepare and recover 
     naval vessels under contract; and provide for cost 
     adjustments for naval vessels for which funds have been 
     previously appropriated: Provided, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That the Secretary of Defense shall, not fewer than 15 days 
     prior to making transfers within this appropriation, notify 
     the congressional defense committees in writing of the 
     details of

[[Page 6096]]

     any such transfer: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                        Other Procurement, Navy

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

                    Aircraft Procurement, Air Force

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

                       Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                              TRUST FUNDS

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

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2201. None of the funds provided in this chapter may 
     be used to finance programs or activities denied by Congress 
     in fiscal year 2005 and 2006 appropriations to the Department 
     of Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                              CONSTRUCTION

       For additional amounts for ``Construction'' to reduce the 
     risk of storm damage to the greater New Orleans metropolitan 
     area by restoring the surrounding wetlands, $100,000,000, to 
     remain available until expended: Provided, That such sums 
     shall be subject to authorization: Provided further, That the 
     Chief of Engineers, acting through the Assistant Secretary of 
     the Army for Civil Works, shall provide, at a minimum, a 
     monthly report to the House and Senate Committees on 
     Appropriations detailing the allocation and obligation of 
     these funds, beginning not later than July 30, 2006: Provided 
     further, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                 FLOOD CONTROL AND COASTAL EMERGENCIES

       For additional amounts for ``Flood Control and Coastal 
     Emergencies'', as authorized by section of the Flood Control 
     Act of August 18, 1941, as amended (33 U.S.C. 701n), for 
     necessary expenses related to the consequences of Hurricane 
     Katrina and other hurricanes of the 2005 season, 
     $1,360,000,000, to remain available until expended: Provided, 
     That such sums shall be subject to authorization: Provided 
     further, That the Chief of Engineers, acting through the 
     Assistant Secretary of the Army for Civil Works, shall 
     provide, at a minimum, a monthly report to the House and 
     Senate Committees on Appropriations detailing the allocation 
     and obligation of these funds, beginning not later than July 
     30, 2006: Provided further, That none of the funds provided 
     herein shall be available until the non-federal interests 
     have entered into binding agreements with the Secretary of 
     the Army to pay 100 percent of the operation, maintenance, 
     repair, replacement and rehabilitation costs of the projects: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                      Office of Inspector General


                    (including transfers of funds)-

       For an additional amount for ``Salaries and Expenses'' for 
     necessary expenses related to the consequences of Hurricane 
     Katrina and other hurricanes of the 2005 season, $13,500,000, 
     to remain available until September 30, 2007: Provided, That 
     these amounts shall be transferred to the Offices of 
     Inspector General of the Departments of Agriculture, Defense, 
     Education, Health and Human Services, Housing and Urban 
     Development, Justice, Labor and Transportation, and the 
     Environmental Protection Agency, the General Services 
     Administration, and the Social Security Administration to 
     carry out necessary audits and investigations of funding and 
     programs undertaken by the respective agencies for response 
     and recovery from the 2005 Gulf Coast hurricanes: Provided 
     further, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                     Customs and Border Protection


                         SALARIES AND EXPENSES

       For an additional amount for `Salaries and Expenses' to 
     provide for the relocation of personnel and equipment related 
     to the New Orleans laboratory facility and for the repair and 
     replacement of critical equipment and property damaged or 
     caused by Hurricane Katrina and other hurricanes of the 2005 
     season, $12,900,000: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress),

[[Page 6097]]

     the concurrent resolution on the budget for fiscal year 2006.


                              CONSTRUCTION

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

                       United States Coast Guard


                           OPERATING EXPENSES

                     (including transfer of funds)

       For an additional amount for ``Operating Expenses'' for 
     necessary expenses related to the consequences of Hurricane 
     Katrina and other hurricanes of the 2005 season, $14,300,000, 
     to remain available until September 30, 2007, of which up to 
     $267,000 may be transferred to ``Environmental Compliance and 
     Restoration'' to be used for environmental cleanup and 
     restoration of Coast Guard facilities; and of which up to 
     $500,000 may be transferred to ``Research, Development, Test, 
     and Evaluation'' to be used for salvage and repair of 
     research and development equipment and facilities: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'' for necessary expenses related to the 
     consequences of Hurricane Katrina and other hurricanes of the 
     2005 season, $80,755,000, to remain available until expended: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                  Federal Emergency Management Agency


                 ADMINISTRATIVE AND REGIONAL OPERATIONS

       For an additional amount for ``Administrative and Regional 
     Operations'' for necessary expenses related to the 
     consequences of Hurricane Katrina and other hurricanes of the 
     2005 season, $70,000,000, to remain available until expended: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


            PREPAREDNESS, MITIGATION, RESPONSE AND RECOVERY

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


                            DISASTER RELIEF

       For an additional amount for ``Disaster Relief'' for 
     necessary expenses under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
     $9,550,000,000, to remain available until expended: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.


            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Disaster Assistance Direct 
     Loan Program Account'' for the cost of direct loans as 
     authorized under section 417 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5184), $151,000,000, to be used to assist local governments 
     that were affected by Hurricane Katrina and other hurricanes 
     of the 2005 season in providing essential services, of which 
     $1,000,000 is for administrative expenses to carry out the 
     direct loan program: Provided, That such funds may be used to 
     subsidize gross obligations for the principal amount of 
     direct loans not to exceed $200,000,000: Provided further, 
     That notwithstanding section 417(b) of such Act, the amount 
     of any such loan issued pursuant to this section may exceed 
     $5,000,000: Provided further, That notwithstanding section 
     417(c)(1) of such Act, such loans may not be canceled: 
     Provided further, That the cost of modifying such loans shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974 (2 U.S.C. 661a): Provided further, That of the amount 
     provided in this chapter under the heading Disaster Relief'', 
     up to $150,000,000 may be transferred to and merged with the 
     funds provided under this heading, to be used to subsidize 
     gross obligations for the principal amount of direct loans 
     not to exceed $200,000,000: Provided further, That the 
     amounts provided or transferred under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2401. The Federal Emergency Management Agency may 
     provide funds to a State or local government or, as 
     necessary, assume an existing agreement from such unit of 
     government, to pay for utility costs resulting from the 
     provision of temporary housing units to evacuees from 
     Hurricanes Katrina and Rita if the State or local government 
     has previously arranged to pay for such utilities on behalf 
     of the evacuees for the term of any leases, not to exceed 12 
     months, contracted by or prior to February 7, 2006, 
     notwithstanding section 408 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5174): Provided, That the Federal share of the costs eligible 
     to be paid shall be 100 percent.
       Sec. 2402. (a) Title III of Public Law 109-90 is amended 
     under the heading ``National Flood Insurance Fund'' by 
     striking ``$30,000,000 for interest on Treasury borrowings'' 
     and inserting ``such sums as necessary for interest on 
     Treasury borrowings''.
       (b) The provisions of this section are designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                             CONSTRUCTION-

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

                         National Park Service


                      HISTORIC PRESERVATION FUND-

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


                             CONSTRUCTION-

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

                    United States Geological Survey


                 SURVEYS, INVESTIGATIONS, AND RESEARCH-

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

                      Minerals Management Service


               ROYALTY AND OFFSHORE MINERALS MANAGEMENT-

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

                    ENVIRONMENTAL PROTECTION AGENCY


                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

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


                LEAKING UNDERGROUND STORAGE TANK PROGRAM

       For an additional amount for the ``Leaking Underground 
     Storage Tank Program'' for

[[Page 6098]]

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        NATIONAL FOREST SYSTEM-

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

                               CHAPTER 6

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

             Military Construction, Navy and Marine Corps-

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', for necessary expenses related to the 
     consequences of Hurricane Katrina and other hurricanes of the 
     2005 season, $28,880,000, to remain available until September 
     30, 2010: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated or expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                   Military Construction, Air Force-

       For an additional amount for ``Military Construction, Air 
     Force'', for necessary expenses related to the consequences 
     of Hurricane Katrina and other hurricanes of the 2005 season, 
     $57,300,000, to remain available until September 30, 2010: 
     Provided, That notwithstanding any other provision of law, 
     such funds may be obligated or expended to carry out planning 
     and design and military construction projects not otherwise 
     authorized by law: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

              Military Construction, Army National Guard-

       For an additional amount for ``Military Construction, Army 
     National Guard'', for necessary expenses related to 
     consequences of Hurricane Katrina and other hurricanes of the 
     2005 season, $67,800,000, to remain available until September 
     30, 2010: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated or expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading in the chapter 7 of title 
     I of division B of Public Law 109-148 (119 Stat. 2770) shall 
     remain available until September 30, 2010: Provided further, 
     That the amounts provided under this heading are designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress), the concurrent resolution on 
     the budget for fiscal year 2006.

               Military Construction, Air National Guard-

       For an additional amount for ``Military Construction, Air 
     National Guard'', for necessary expenses related to 
     consequences of Hurricane Katrina and other hurricanes of the 
     2005 season, $5,800,000, to remain available until September 
     30, 2010: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated or expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                  Military Construction, Navy Reserve


                    (INCLUDING RESCISSION OF FUNDS)

       For an additional amount for ``Military Construction, Navy 
     Reserve'', for necessary expenses related to consequences of 
     Hurricane Katrina and other hurricanes of the 2005 season, 
     $24,270,000, to remain available until September 30, 2010: 
     Provided, That notwithstanding any other provision of law, 
     such funds may be obligated or expended to carry out planning 
     and design and military construction projects not otherwise 
     authorized by law: Provided further, That the amount provided 
     under the heading ``Military Construction, Naval Reserve'' in 
     chapter 7 of title I of division B of Public Law 109-148 (119 
     Stat. 2771) shall remain available until September 30, 2010, 
     except that, of such amount $49,530,000 are rescinded: 
     Provided further, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                      CONSTRUCTION, MAJOR PROJECTS

                     (including transfer of funds)

       For an additional amount for ``Construction, Major 
     Projects'', for necessary expenses related to the 
     consequences of Hurricane Katrina and other hurricanes of the 
     2005 season, $550,000,000, to remain available until 
     expended: Provided, That the foregoing amount shall only be 
     available upon enactment, by June 30, 2006, of authority 
     under section 8104 of title 38, United States Code: Provided 
     further, That up to $275,000,000 of the amount provided under 
     this heading may (at any time after the enactment of this Act 
     and without regard to the preceding proviso) be transferred 
     by the Secretary of Veterans Affairs to the ``Medical 
     Services'' account, to be available only for unanticipated 
     costs related to the Global War on Terror: Provided further, 
     That the Secretary of Veterans Affairs shall, not fewer than 
     15 days prior to making a transfer under the authority in the 
     preceding proviso, notify the Committees on Appropriations of 
     the Senate and House of Representatives in writing of the 
     transfer: Provided further, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 7

                         DEPARTMENT OF JUSTICE

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $2,000,000, to remain available 
     until September 30, 2007: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


               PROCUREMENT, ACQUISITION AND CONSTRUCTION

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', for necessary expenses related to the 
     consequences of Hurricane Katrina and other hurricanes of the 
     2005 season, $11,800,000, to remain available until expended: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                                SCIENCE

             National Aeronautics and Space Administration


                       EXPLORATION CAPABILITIES-

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

                            RELATED AGENCIES

                     Small Business Administration


                     DISASTER LOANS PROGRAM ACCOUNT

                    (INCLUDING TRANSFERS OF FUNDS)-

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

[[Page 6099]]

     for funds transferred to this account by Public Law 109-174: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                               CHAPTER 8

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       COMMUNITY DEVELOPMENT FUND

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for the ``Community development 
     fund'', for necessary expenses related to disaster relief, 
     long-term recovery, and restoration of infrastructure in the 
     most impacted and distressed areas related to the 
     consequences of hurricanes in the Gulf of Mexico in 2005 in 
     States for which the President declared a major disaster 
     under title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 
     conjunction with Hurricane Katrina, Rita, or Wilma, 
     $4,200,000,000, to remain available until expended, for 
     activities authorized under title I of the Housing and 
     Community Development Act of 1974 (Public Law 93-383): 
     Provided, That funds made available under this heading shall 
     be distributed to address the most critical recovery 
     requirements notwithstanding funding limitations under this 
     heading in title I of division B of Public Law 109-148: 
     Provided further, That funds provided under this heading 
     shall be administered through an entity or entities 
     designated by the Governor of each State: Provided further, 
     That such funds may not be used for activities reimbursable 
     by or for which funds are made available by the Federal 
     Emergency Management Agency or the Army Corps of Engineers: 
     Provided further, That funds allocated under this heading 
     shall not adversely affect the amount of any formula 
     assistance received by a State under this heading: Provided 
     further, That each State may use up to five percent of its 
     allocation for administrative costs: Provided further, That 
     not less than $1,000,000,000 from funds made available under 
     this heading shall be used for repair, rehabilitation, and 
     reconstruction (including demolition, site clearance and 
     remediation) of the affordable rental housing stock 
     (including public and other HUD-assisted housing) in the 
     impacted areas: Provided further, That in administering the 
     funds under this heading, the Secretary of Housing and Urban 
     Development may waive, or specify alternative requirements 
     for, any provision of any statute or regulation that the 
     Secretary administers in connection with the obligation by 
     the Secretary or the use by the recipient of these funds or 
     guarantees (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     upon a request by the State that such waiver is required to 
     facilitate the use of such funds or guarantees, and a finding 
     by the Secretary that such waiver would not be inconsistent 
     with the overall purpose of the statute, as modified: 
     Provided further, That the Secretary may waive the 
     requirement that activities benefit persons of low and 
     moderate income, except that at least 50 percent of the funds 
     made available under this heading must benefit primarily 
     persons of low and moderate income unless the Secretary 
     otherwise makes a finding of compelling need: Provided 
     further, That the Secretary shall publish in the Federal 
     Register any waiver of any statute or regulation that the 
     Secretary administers pursuant to title I of the Housing and 
     Community Development Act of 1974 no later than 5 days before 
     the effective date of such waiver: Provided further, That 
     every waiver made by the Secretary must be reconsidered 
     according to the three previous provisos on the two-year 
     anniversary of the day the Secretary published the waiver in 
     the Federal Register: Provided further, That prior to the 
     obligation of funds each State shall submit a plan to the 
     Secretary detailing the proposed use of all funds, including 
     criteria for eligibility and how the use of these funds will 
     address long-term recovery and restoration of infrastructure: 
     Provided further, That prior to the obligation of funds to 
     each State, the Secretary shall ensure that such plan gives 
     priority to infrastructure development and rehabilitation and 
     the rehabilitation and reconstruction of the affordable 
     rental housing stock including public and other HUD-assisted 
     housing: Provided further, That each State will report 
     quarterly to the Committees on Appropriations on all awards 
     and uses of funds made available under this heading, 
     including specifically identifying all awards of sole-source 
     contracts and the rationale for making the award on a sole-
     source basis: Provided further, That the Secretary shall 
     notify the Committees on Appropriations on any proposed 
     allocation of any funds and any related waivers made pursuant 
     to these provisions under this heading no later than 5 days 
     before such waiver is made: Provided further, That the 
     Secretary shall establish procedures to prevent recipients 
     from receiving any duplication of benefits and report 
     quarterly to the Committees on Appropriations with regard to 
     all steps taken to prevent fraud and abuse of funds made 
     available under this heading including duplication of 
     benefits: Provided further, That of the amounts made 
     available under this heading, the Secretary may transfer a 
     total of up to $15,000,000 to the Office of Inspector General 
     and ``Management and Administration, Salaries and Expenses'' 
     for costs associated with administration and oversight: 
     Provided further, That none of the funds provided under this 
     heading may be used by a State or locality as a matching 
     requirement, share, or contribution for any other Federal 
     program: Provided further, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

                           INDEPENDENT AGENCY

                    General Services Administration


                         FEDERAL BUILDINGS FUND

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

        TITLE III--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

       Sec. 3001. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 3002. Notwithstanding subsection (b) of section 102 of 
     title I of division B of Public Law 109-148 (119 Stat. 2748), 
     the Secretary of Agriculture may provide financial and 
     technical assistance in carrying out such section in an 
     amount up to 100 percent Federal share, as provided in 
     regulations implementing the emergency watershed protection 
     program: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
       Sec. 3003. Funds appropriated pursuant to this Act, or made 
     available by the transfer of funds in or pursuant to this 
     Act, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414).


                    (including rescission of funds)

       Sec. 3004. (a) Rescission.--Of the unobligated balances 
     available for ``Immigration and Customs Enforcement--
     Automation Modernization'', $43,620,000 are rescinded.
       (b) Appropriation.--For an additional amount for ``United 
     States Secret Service--Salaries and Expenses'' for critical 
     investigative and protective operations, $43,620,000: 
     Provided, That none of the funds appropriated in this section 
     or under the heading United States Secret Service ``Salaries 
     and Expenses'' in any other Act may be used to support the 
     position of the Chief Financial Officer until the Committees 
     on Appropriations receive: (1) a comprehensive workload re-
     balancing report that includes funding and position 
     requirements for current investigative and protective 
     operations; (2) a comprehensive analysis of the methodology 
     used to estimate current workloads and develop annual 
     operating budgets; and (3) a budget formulation model for 
     National Special Security Events: Provided further, That none 
     of the funds appropriated in this section may be obligated 
     until the Committees on Appropriations receive a revised 
     Program, Project and Activity schedule based on current 
     investigative and protective workload requirements, including 
     a comprehensive analysis of the methodology used to estimate 
     those requirements.
       Sec. 3005. (a) The matter under the heading ``Tenant-Based 
     Rental Assistance'' in chapter 9 of title I of division B of 
     Public Law 109-148 is amended--
       (1) in the first proviso, by striking ``or the Stewart B. 
     McKinney Homeless Assistance Act (Public Law 100-77)'' and 
     inserting ``the McKinney-Vento Homeless Assistance Act, 
     section 221(d)(3), 221(d)(5), or 236 of the National Housing 
     Act, or section 101 of the Housing and Urban Development Act 
     of 1965''; and
       (2) in the second proviso, by inserting ``, except that 
     paragraph (7)(A) of such section shall not apply'' after 
     ``1937''.
       (b) The provisions of this section are designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.
       Sec. 3006. Notwithstanding 49 U.S.C. 5336, any funds 
     remaining available under Federal Transit Administration 
     grant numbers NY-03-345-00, NY-03-0325-00, NY-03-0405, NY-90-
     X398-00, NY-90-X373-00, NY-90-X418-00, NY-90-X465-00 together 
     with an amount not to exceed $19,200,000 in urbanized area 
     formula funds that were allocated by the New York 
     Metropolitan Transportation Council to the New York City 
     Department of Transportation as a designated recipient under 
     49 U.S.C. 5307 may be made available to the New York 
     Metropolitan Transportation Authority for eligible capital 
     projects authorized under 49 U.S.C. 5307 and 5309.

[[Page 6100]]

       Sec. 3007. The referenced statement of the managers under 
     the heading ``Community Development Fund'' in title II of 
     division I of Public Law 108-447 is deemed to be amended--
       (1) with respect to item number 536, by striking ``an 
     economic development planning study'' and inserting ``the 
     Main Street Revitalization Project''; and
       (2) with respect to item number 444, by striking ``City of 
     St. Petersburg, Florida for facilities construction and 
     renovation for the Mid-Pinellas Science Center'' and 
     inserting ``St. Petersburg College, City of Seminole, Florida 
     for the development of a Science and Nature Park at St. 
     Petersburg College''.
       Sec. 3008. (a) The second paragraph under the heading 
     ``Community Development Fund'' in title III of division A of 
     Public Law 109-115 is amended by striking ``statement of 
     managers accompanying this Act'' and inserting ``statement of 
     managers correction for H.R. 3058 relating to the Economic 
     Development Initiative submitted to the House of 
     Representatives by the Chairman of the Committee on 
     Appropriations of the House on November 18, 2005, and printed 
     in the House section of the Congressional Record on such 
     date''.
       (b) Section 5023 of title V of division B of Public Law 
     109-148 is amended by striking ``in title III of Public Law 
     109-115 (as in effect pursuant to H. Con. Res. 308, 109th 
     Congress)'' and inserting ``in title III of division A of 
     Public Law 109-115''.
       (c) Each amendment made by this section shall apply as if 
     included in the amended public law on the date of its 
     enactment.
       Sec. 3009. The statement of managers correction referenced 
     in the second paragraph under the heading ``Community 
     Development Fund'' in title III of division A of Public Law 
     109-115 is deemed to be amended--
       (1) with respect to item number 714, by striking 
     ``construction of a senior center;'' and inserting 
     ``renovation and buildout of a multipurpose center;'';
       (2) with respect to item number 850, by striking ``City of 
     Lancaster, Pennsylvania'' and inserting ``in Pennsylvania''; 
     and
       (3) with respect to item number 925, by striking 
     ``Greenwood Partnership Alliance, South Carolina for the 
     renovation of Old Federal Courthouse;'' and inserting ``City 
     of Greenwood, South Carolina for the Emerald Triangle 
     Project;''.
       Sec. 3010. Section 9001 of the Deficit Reduction Act of 
     2005 is amended--
       (1) in subsection (a), by striking ``for a 1-time only 
     obligation and expenditure'';
       (2) in subsection (a)(2)--
       (A) by striking ``for fiscal year 2007''; and
       (B) by inserting before the period at the end the 
     following: ``, to remain available until September 30, 
     2007''; and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Emergency Designation.--The amount provided under 
     subsection (a)(2) is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 
     2006.''.
       Sec. 3011. (a) None of the funds made available in this Act 
     or any other Act may be used to take any action under section 
     721 of the Defense Production Act of 1950 (50 U.S.C. App. 
     2170) or any other provision of law to approve or otherwise 
     allow the acquisition of any leases, contracts, rights, or 
     other obligations of P&O Ports by Dubai Ports World or any 
     other legal entity affiliated with or controlled by Dubai 
     Ports World.
       (b) Notwithstanding any other provision of law or any prior 
     action or decision by or on behalf of the President under 
     section 721 of the Defense Production Act of 1950 (50 U.S.C. 
     App. 2170), the acquisition of any leases, contracts, rights, 
     or other obligations of P&O Ports by Dubai Ports World or any 
     other legal entity affiliated with or controlled by Dubai 
     Ports World is hereby prohibited and shall have no effect.
       (c) The limitation in subsection (a) and the prohibition in 
     subsection (b) apply with respect to the acquisition of any 
     leases, contracts, rights, or other obligations on or after 
     January 1, 2006.
       (d) In this section:
       (1) The term ``P&O Ports'' means P&O Ports, North America, 
     a United States subsidiary of the Peninsular and Oriental 
     Steam Navigation Company, a company that is a national of the 
     United Kingdom.
       (2) The term ``Dubai Ports World'' means Dubai Ports World, 
     a company that is partly owned and controlled by the 
     Government of the United Arab Emirates.
       Sec. 3012. (a) None of the funds appropriated in Public Law 
     109-102 or any prior Act making appropriations for foreign 
     operations, export financing and related programs may be 
     obligated or expended for assistance to the Palestinian 
     Authority or a successor entity until the Secretary of State 
     certifies to the Committees on Appropriations that such 
     entity has demonstrated its commitment to the principles of 
     nonviolence, the recognition of Israel, and the acceptance of 
     previous agreements and obligations, including the Roadmap.
       (b) None of the funds appropriated under the heading 
     ``Economic Support Fund'' in Public Law 109-102 or any prior 
     Act making appropriations for foreign operations, export 
     financing and related programs may be obligated or expended 
     for assistance to the West Bank and Gaza until the Secretary 
     of State reviews the current assistance program, consults 
     with the Committees on Appropriations, and submits a revised 
     plan for such assistance: Provided, That such plan shall be 
     submitted not later than April 30, 2006, and shall contain 
     specific and appropriate steps to ensure that United States 
     assistance is not provided to or through any individual, 
     private or government entity, or educational institution that 
     the Secretary knows or has reason to believe advocates, 
     plans, sponsors, engages in, or has engaged in, terrorist 
     activity.
       This Act may be cited as the ``Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Hurricane Recovery, 2006''.

                                TITLE IV

                              PANDEMIC FLU

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

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

                        TITLE V--BORDER SECURITY

       EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR BORDER SECURITY

                    Department of Homeland Security


            office of the secretary and executive management

       For an additional amount for the ``Office of the Secretary 
     and Executive Management'' to provide funds for the Office of 
     Policy, $2,000,000: Provided, That the entire amount is 
     solely for a contract with an independent non-Federal entity 
     to conduct a needs assessment for comprehensive border 
     security: Provided further, That the entire amount is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                office of the chief information officer

       For an additional amount for the ``Office of the Chief 
     Information Officer'' to replace and upgrade law enforcement 
     communications, $50,000,000, to remain available until 
     expended: Provided, That the entire amount is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.


   united states visitor and immigration status indicator technology

       For an additional amount for ``United States Visitor and 
     Immigration Status Indicator Technology'' to accelerate 
     biometric database integration and conversion to 10-print 
     enrollment, $60,000,000, to remain available until expended: 
     Provided, That none of the additional appropriations made 
     available under this heading may be obligated until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive and approve a plan for the 
     expenditure

[[Page 6101]]

     of such funds: Provided further, That the entire amount is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                     Customs and Border Protection


                         salaries and expenses

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


 air and marine interdiction, operations, maintenance, and procurement

       For an additional amount for ``Air and Marine Interdiction, 
     Operations, Maintenance, and Procurement'' to replace air 
     assets and upgrade air operations facilities, $790,000,000, 
     to remain available until expended, of which $40,000,000 is 
     for helicopter replacement and $750,000,000 is for 
     recapitalization of air assets: Provided, That none of the 
     additional appropriations made available under this heading 
     may be obligated until the Committees on Appropriations of 
     the Senate and the House of Representatives receive and 
     approve an expenditure plan for the complete recapitalization 
     of Customs and Border Protection air assets and facilities: 
     Provided further, That the entire amount is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.


                              construction

       For an additional amount for ``Construction'', 
     $120,000,000, to remain available until expended: Provided, 
     That none of the additional appropriations made available 
     under this heading may be obligated until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve a plan for expenditure for these funds: 
     Provided further, That the entire amount is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.

                  Immigration and Customs Enforcement


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' to 
     replace vehicles, $80,000,000: Provided, That the entire 
     amount is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.

                       United States Coast Guard

               acquisition, construction and improvements

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

                Federal Law Enforcement Training Center


     acquisition, construction, improvements, and related expenses

       For an additional amount for ``Acquisition, Construction, 
     Improvements, and Related Expenses'' for construction of the 
     language training facility referenced in the Master Plan and 
     information technology infrastructure improvements, 
     $18,000,000, to remain available until expended: Provided, 
     That the entire amount is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                     GENERAL PROVISIONS--THIS TITLE


                          reduction in funding

       Sec. 5001. The aggregate amount provided by chapter 3 of 
     title I of this Act and chapter 3 of title II of this Act may 
     not exceed $67,062,188,000.
                                 ______
                                 
  SA 3616. Mr. McCAIN (for himself and Mr. Ensign) proposed an 
amendment to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; as follows:

       On Page 229, strike lines 5 through 14.
                                 ______
                                 
  SA 3617. Mr. McCAIN (for himself and Mr. Ensign) proposed an 
amendment to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; as follows:

       Beginning on Page 224, strike line 23 through line 10 on 
     page 225.
                                 ______
                                 
  SA 3618. Mr. McCAIN (for himself and Mr. Ensign) proposed an 
amendment to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; as follows:

       Beginning on page 138, line 24, strike all after the ``:'' 
     through ``fisheries'' on page 139, line 2.
                                 ______
                                 
  SA 3619. Mr. McCAIN (for himself and Mr. Ensign) proposed an 
amendment to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; as follows:

       Beginning on page 250, strike line 24 and all that follows 
     through page 251, line 12.
                                 ______
                                 
  SA 3620. Mr. WARNER proposed an amendment to the bill H.R. 4939, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __. Section 5062 of title 10, United States Code, is 
     amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.
                                 ______
                                 
  SA 3621. Mr. WARNER (for himself and Mr. Lugar, and Mrs. Clinton) 
proposed an amendment to the bill H.R. 4939, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2006, and for other purposes; as follows:

       On page 126, between lines 12 and 13, insert the following:


AUTHORITY TO EQUALIZE ALLOWANCES, BENEFITS, AND GRATUITIES OF PERSONNEL 
                ON OFFICIAL DUTY IN IRAQ AND AFGHANISTAN

       Sec. 1405. (a) Findings.--Congress makes the following 
     findings:
       (1) As part of the United States effort to bring democracy 
     and freedom to Iraq and Afghanistan, employees of a broad 
     range of Federal agencies are needed to serve in those 
     countries, furnishing expertise to their counterpart agencies 
     in the Government of Iraq and the Government of Afghanistan.
       (2) While the heads of a number of Federal agencies already 
     possess authority to provide to their personnel on official 
     duty abroad allowances, benefits, and death gratuities 
     comparable to those provided by the Secretary of State to 
     similarly-situated Foreign Service personnel on official duty 
     abroad, other agency heads do not possess such authority.
       (3) In order to assist the United States Government in 
     recruiting personnel to serve in Iraq and Afghanistan, and to 
     avoid inequities in allowances, benefits, and death 
     gratuities among similarly-situated United States Government 
     civilian personnel on official duty in these countries, it is 
     essential that the heads of all agencies that have personnel 
     on official duty in Iraq and Afghanistan have the same basic 
     authority with respect to allowances, benefits, and death 
     gratuities for such personnel.
       (b) In General.--During any fiscal year, the head of an 
     agency may, in the agency head's discretion, provide to an 
     individual employed by, or assigned or detailed to, such 
     agency allowances, benefits, and gratuities comparable to 
     those provided by the Secretary of State to members of the 
     Foreign Service under section 413 and chapter 9 of title I of 
     the Foreign Service Act of 1980 (22 U.S.C. 3973; 4081 et 
     seq.), if such individual is on official duty in Iraq or 
     Afghanistan.
       (c) Construction.--Nothing in this section shall be 
     construed to impair or otherwise affect the authority of the 
     head of an agency under any other provision of law.
       (d) Applicability of Certain Authorities.--Section 912(a) 
     of the Internal Revenue Code of 1986 shall apply with respect 
     to amounts received as allowances or otherwise under this 
     section in the same manner as section 912 of the Internal 
     Revenue Code of 1986 applies with respect to amounts received 
     by members of the Foreign Service as allowances or otherwise 
     under chapter 9 of title I of the Foreign Service Act of 
     1980.
                                 ______
                                 
  SA 3622. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; as follows:

       On page 217, line 19, strike ``(e)'' and insert the 
     following:
       (e) Bovine Tuberculosis Herd Indemnification.--The 
     Secretary shall use $1,500,000 of funds of the Commodity 
     Credit Corporation to indemnify producers of cattle in the 
     States of Michigan, Minnesota, New Mexico, and Texas for 
     losses suffered due to bovine tuberculosis.
       (f)
                                 ______
                                 
  SA 3623. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 4939, making

[[Page 6102]]

emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 162, between lines 12 and 13, insert the following:


                    GENERAL PROVISIONS-THIS CHAPTER

       Sec. 2401. In addition to amounts made available under this 
     chapter, $10,000,000 shall be made available to the Assistant 
     Secretary of the Army, Civil Works, to carry out the Napa 
     River project of the Corps of Engineers.
                                 ______
                                 
  SA 3624. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; as follows:

       On page 253, between lines 19 and 20, insert the following:

     SEC. __. TEMPORARY WINDFALL PROFITS TAX; HOUSEHOLD REBATE.

       (a) Temporary Windfall Profits Tax.--
       (1) In general.--Subtitle E of the Internal Revenue Code of 
     1986 (relating to alcohol, tobacco, and certain other excise 
     taxes) is amended by adding at the end thereof the following 
     new chapter:

         ``CHAPTER 56--TEMPORARY WINDFALL PROFITS ON CRUDE OIL

``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; removal price; adjusted base price; 
              qualified investment.
``Sec. 5898. Special rules and definitions.

     ``SEC. 5896. IMPOSITION OF TAX.

       ``(a) In General.--In addition to any other tax imposed 
     under this title, there is hereby imposed on any integrated 
     oil company (as defined in section 291(b)(4)) an excise tax 
     equal to 50 percent of the windfall profit from all barrels 
     of taxable crude oil removed from the property during any 
     taxable year beginning in 2006.
       ``(b) Fractional Part of Barrel.--In the case of a fraction 
     of a barrel, the tax imposed by subsection (a) shall be the 
     same fraction of the amount of such tax imposed on the whole 
     barrel.
       ``(c) Tax Paid by Producer.--The tax imposed by this 
     section shall be paid by the producer of the taxable crude 
     oil.

     ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE 
                   PRICE.

       ``(a) General Rule.--For purposes of this chapter, the term 
     `windfall profit' means the excess of the removal price of 
     the barrel of taxable crude oil over the adjusted base price 
     of such barrel.
       ``(b) Removal Price.--For purposes of this chapter--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the term `removal price' means the amount for 
     which the barrel of taxable crude oil is sold.
       ``(2) Sales between related persons.--In the case of a sale 
     between related persons, the removal price shall not be less 
     than the constructive sales price for purposes of determining 
     gross income from the property under section 613.
       ``(3) Oil removed from property before sale.--If crude oil 
     is removed from the property before it is sold, the removal 
     price shall be the constructive sales price for purposes of 
     determining gross income from the property under section 613.
       ``(4) Refining begun on property.--If the manufacture or 
     conversion of crude oil into refined products begins before 
     such oil is removed from the property--
       ``(A) such oil shall be treated as removed on the day such 
     manufacture or conversion begins, and
       ``(B) the removal price shall be the constructive sales 
     price for purposes of determining gross income from the 
     property under section 613.
       ``(5) Property.--The term `property' has the meaning given 
     such term by section 614.
       ``(c) Adjusted Base Price Defined.--For purposes of this 
     chapter, the term `adjusted base price' means $40 for each 
     barrel of taxable crude oil.

     ``SEC. 5898. SPECIAL RULES AND DEFINITIONS .

       ``(a) Withholding and Deposit of Tax.--The Secretary shall 
     provide such rules as are necessary for the withholding and 
     deposit of the tax imposed under section 5896 on any taxable 
     crude oil.
       ``(b) Records and Information.--Each taxpayer liable for 
     tax under section 5896 shall keep such records, make such 
     returns, and furnish such information (to the Secretary and 
     to other persons having an interest in the taxable crude oil) 
     with respect to such oil as the Secretary may by regulations 
     prescribe.
       ``(c) Return of Windfall Profit Tax.--The Secretary shall 
     provide for the filing and the time of such filing of the 
     return of the tax imposed under section 5896.
       ``(d) Definitions.--For purposes of this chapter--
       ``(1) Producer.--The term `producer' means the holder of 
     the economic interest with respect to the crude oil.
       ``(2) Crude oil.--
       ``(A) In general.--The term `crude oil' includes crude oil 
     condensates and natural gasoline.
       ``(B) Exclusion of newly discovered oil.--Such term shall 
     not include any oil produced from a well drilled after the 
     date of the enactment of the chapter, except with respect to 
     any oil produced from a well drilled after such date on any 
     proven oil or gas property (within the meaning of section 
     613A(c)(9)(A)).
       ``(3) Barrel.--The term `barrel' means 42 United States 
     gallons.
       ``(e) Adjustment of Removal Price.--In determining the 
     removal price of oil from a property in the case of any 
     transaction, the Secretary may adjust the removal price to 
     reflect clearly the fair market value of oil removed.
       ``(f) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this chapter.''.
       (2) Clerical amendment.--The table of chapters for subtitle 
     E of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

        ``Chapter 56. Temporary Windfall Profit on Crude Oil.''.

       (3) Deductibility of windfall profit tax.--The first 
     sentence of section 164(a) of the Internal Revenue Code of 
     1986 (relating to deduction for taxes) is amended by 
     inserting after paragraph (5) the following new paragraph:
       ``(6) The windfall profit tax imposed by section 5896.''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to any taxable year beginning in 2006.
       (b) Household Rebate.--
       (1) In general.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 (relating to rules of special 
     application in the case of abatements, credits, and refunds) 
     is amended by adding at the end the following new section:

     ``SEC. 6430. HOUSEHOLD REBATE.

       ``(a) General Rule.--Except as otherwise provided in this 
     section, each individual shall be treated as having made a 
     payment against the tax imposed by chapter 1 for the taxable 
     year beginning in 2006 in an amount equal to $450.
       ``(b) Remittance of Payment.--The Secretary shall remit to 
     each taxpayer the payment described in subsection (a) not 
     later than June 1, 2006.
       ``(c) Certain Persons Not Eligible.--This section shall not 
     apply to--
       ``(1) any taxpayer who did not have any adjusted gross 
     income for the preceding taxable year or whose adjusted gross 
     income for such preceding taxable year exceeded $40,000,
       ``(2) any individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for the taxable 
     year beginning in 2006,
       ``(3) any estate or trust, or
       ``(4) any nonresident alien individual.''.
       (2) Conforming amendment.--Section 1324(b)(2) of title 31, 
     United States Code, is amended by inserting before the period 
     ``, or from section 6430 of such Code''.
       (3) Clerical amendment.--The table of sections for 
     subchapter B of chapter 65 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 6430. Household rebate.''.

       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 3625. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place under the heading ``DEPARTMENT OF 
     HEALTH AND HUMAN SERVICES''-Office of the Secretary, insert 
     the following:


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

       For an additional amount for the Public Health and Social 
     Services Emergency Fund for emergency expenses to respond to 
     Hurricane Katrina to provide grants to public entities, not-
     profit entities, and Medicare and Medicaid enrolled suppliers 
     and institutional providers that remained open and operating 
     during Hurricane Katrina in the severely affected Parishes 
     and Counties in the Presidentially declared disaster area on 
     August 29, 2005, to reimburse such entities, suppliers, and 
     providers for healthcare-related expenses or lost revenues 
     directly attributable to the public health emergency 
     resulting from Hurricane Katrina, $100,000,000 to remain 
     available until expended: Provided, That such funds shall not 
     be used for expenses or lost revenues that have previously 
     been reimbursed or that are eligible for reimbursement from 
     other sources: Provided further, That amounts made available 
     in this Act under title II under the heading ``DISASTER 
     RELIEF'' for assistance under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     shall be reduced by $100,000,000.
                                 ______
                                 
  SA 3626. Mr. VITTER (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed by

[[Page 6103]]

him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 166, line 12, insert before the colon the 
     following: ``, and may be equal to not more than 50 percent 
     of the annual operating budget of the local government''.
                                 ______
                                 
  SA 3627. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 253, between lines 19 and 20, insert the following:


    SMALL BUSINESS RELIEF FROM HURRICANE KATRINA AND HURRICANE RITA

       Sec. 7032. (a) Section 3(p)(1) of the Small Business Act 
     (15 U.S.C. 632(p)(1)) is amended--
       (1) in subparagraph (D), by striking ``or'';
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(F) an area in which the President has declared a major 
     disaster (as that term is defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122)) as a result of Hurricane Katrina of 
     August 2005 or Hurricane Rita of September 2005.''.
       (b) Section 711(d) of the Small Business Competitive 
     Demonstration Program Act of 1988 (15 U.S.C. 644 note) is 
     amended--
       (1) by striking ``The Program'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), the 
     Program''; and
       (2) by adding at the end the following:
       ``(2) Exception.--The Program shall not apply to any 
     contract related to relief or reconstruction from Hurricane 
     Katrina of 2005 or Hurricane Rita of 2005.''.
                                 ______
                                 
  SA 3628. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 253, insert between lines 19 and 20, the following:


  allocation of hurricane disaster relief and recovery funds to states

       Sec. 7032. (a) In this section the term ``covered funds'' 
     means any funds that--
       (1) are made available to a department or agency under 
     title II of this Act for hurricane disaster relief and 
     recovery; and
       (2) are allocated by that department or agency for use by 
     the States.
       (b) Notwithstanding any other provision of law (including 
     title II of this Act)--
       (1) before making covered funds available to any State, the 
     head of the department or agency administering such funds 
     shall apply an allocation formula for all States based on 
     critical need and physical damages; and
       (2) not later than 5 days before making such covered funds 
     available to any State, submit a report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     on the allocation formula that is being used.
                                 ______
                                 
  SA 3629. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


  COMPREHENSIVE REVIEW ON PROCEDURES OF THE DEPARTMENT OF DEFENSE ON 
                            MORTUARY AFFAIRS

       Sec. 7032. (a) Report.--As soon as practicable after the 
     completion of the comprehensive review of the procedures of 
     the Department of Defense on mortuary affairs, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report on the comprehensive review.
       (b) Additional Elements.--In conducting the comprehensive 
     review described in subsection (a), the Secretary shall also 
     address, in addition to any other matters covered by the 
     review, the following:
       (1) The utilization of additional or increased 
     refrigeration (including icing) in combat theaters in order 
     to enhance preservation of remains.
       (2) The relocation of refrigeration assets further forward 
     in the field.
       (3) Specific times for the movement of remains from combat 
     units.
       (4) The forward location of autopsy and embalming 
     operations.
       (5) Any other matters that the Secretary considers 
     appropriate in order to speed the return of remains to the 
     United States in a non-decomposed state.
       (c) Additional Element of Policy on Casualty Assistance to 
     Survivors of Military Decedents.--Section 562(b) of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3267; 10 U.S.C. 1475 note) is 
     amended by adding at the end the following new paragraph:
       ``(12) The process by which the Department of Defense 
     briefs survivors of military decedents on the cause of, and 
     any investigation into, the death of such military decedents 
     and on the processing, disposition, and transportation of the 
     remains of such decedents, which process shall--
       ``(A) provide for the provision of such briefings by the 
     most qualified Department personnel available;
       ``(B) ensure the provision of such briefings as soon as 
     possible after death;
       ``(C) ensure that such briefings relate the most complete 
     and accurate information available at the time of such 
     briefings;
       ``(D) provide for comprehensive and timely updates of such 
     briefings, when warranted;
       ``(E) ensure, to the extent possible, that incomplete or 
     unverified information is not provided during the course of 
     such briefings or updates; and
       ``(F) include procedures by which such survivors shall, 
     upon request, receive updates or supplemental information on 
     such briefings or updates from qualified Department 
     personnel.''.
                                 ______
                                 
  SA 3630. Ms. LANDRIEU (for herself, Mr. Vitter, Mr. Kerry, and Mr. 
Bayh) submitted an amendment intended to be proposed by her to the bill 
H.R. 4939, making emergency supplemental appropriations for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 142, after line 24, insert the following:

                    GENERAL PROVISIONS--THIS CHAPTER


         hurricane response plan for the 2006 hurricane season

       Sec. 2201. (a) In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``Disaster Loan Program'' means the disaster 
     loan program authorized under section 7 of the Small Business 
     Act (15 U.S.C. 636);
       (3) the term ``major disaster'' has the meaning given the 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122);
       (4) the term ``small business concern'' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632);
       (5) the term ``system'' means the Disaster Credit 
     Management System of the Administration; and
       (6) the term ``2006 Atlantic hurricane season'' means the 
     period beginning on June 1, 2006, and ending on November 30, 
     2006.
       (b) Not later than May 31, 2006, the Administrator shall 
     submit to the Committee on Small Business and 
     Entrepreneurship and the Committee on Appropriations of the 
     Senate and the Committee on Small Business and the Committee 
     on Appropriations of the House of Representatives a report on 
     the status of the disaster response plan of the 
     Administration for the 2006 Atlantic hurricane season.
       (c) The report required under subsection (b) shall 
     include--
       (1) the plan of the Administrator for responding quickly 
     and efficiently after the occurrence of a major disaster 
     during the 2006 Atlantic hurricane season and subsequent 
     major disasters (including preparation and planning for 
     disaster response resources and staff, such as identifying 
     loss verifiers and technical assistance staff to deploy to 
     potential disaster areas in advance of chartable events such 
     as hurricanes);
       (2) a description of how the Administrator plans to 
     integrate and coordinate the response to a major disaster 
     with the staff and resources of the Federal Emergency 
     Management Agency (including details on where and when joint 
     training sessions are planned during the 2006 Atlantic 
     hurricane season);
       (3) a description of how the Administrator plans to 
     integrate and coordinate the response to a major disaster 
     with the technical assistance programs of the Administration 
     (including the small business development centers);
       (4) the contingency plans of the Administration, if any, 
     for handling increases in the volume of applications under 
     the Disaster Loan Program during the 2006 Atlantic hurricane 
     season (including detailed plans for using local banks, 
     credit unions, and businesses in an area in which the 
     President declares a major disaster or the hiring of 
     additional loan processing and loss verification staff);
       (5) any available or revised surge plans for the system 
     (including surge plans for loss verification, loan 
     processing, mailroom, customer service or call center 
     operations, and a continuity of operations plan);
       (6) information on the plans of the Administration, if any, 
     for upgrading the Disaster Loan Program application 
     processing system, including--
       (A) the user capacity of the system; and
       (B) the estimated cost for upgrading the software and 
     equipment to handle additional users;
       (7) the number of full-time equivalent employees and job 
     descriptions for the planning

[[Page 6104]]

     and disaster response staff of the Administration;
       (8) information (including potential cost estimates) on 
     whether--
       (A) the Administrator plans to hire full-time planning 
     staff during the 2006 Atlantic hurricane season; and
       (B) such full-time planner would be hired in the Office of 
     Disaster Assistance or in another office of the 
     Administration;
       (9) the inservice and preservice training procedures for 
     disaster response staff of the Administration;
       (10) information on the logistical support plans of the 
     Administration (including equipment and staffing needs, and 
     detailed information on how such plans will be scalable 
     depending on the size and scope of the major disaster);
       (11) information on the procurement procedures of the 
     Administration for acquiring equipment and staff, including--
       (A) standard procurement procedures during nondisaster 
     periods;
       (B) standard procurement procedures before and after major 
     disasters;
       (C) whether the Administration meets the criteria to be 
     exempt from the normal General Services Administration 
     procurement process for its disaster response; and
       (D) whether any administrative or legislative changes are 
     needed to allow the Administration to be exempt from the 
     normal General Service Administration procurement process in 
     response to a disaster; and
       (12) a description of the findings and recommendations of 
     the Administrator, if any, based on a review of the response 
     of the Administration to Hurricane Katrina of 2005, Hurricane 
     Rita of 2005, and Hurricane Wilma of 2005.
                                 ______
                                 
  SA 3631. Ms. LANDRIEU (for herself, Mr. Kerry, and Mr. Bayh) 
submitted an amendment intended to be proposed by her to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 142, after line 24, insert the following:

                    GENERAL PROVISIONS--THIS CHAPTER


            Disaster Loan Program Monthly Accounting Report

       Sec. 2201. (a) In this section--
       (1) the term ``applicable period'' means the period 
     beginning on the date on which the President declares a major 
     disaster and ending on the date that is 30 days after the 
     later of the closing date for applications for physical 
     disaster loans for such disaster and the closing date for 
     applications for economic injury disaster loans for such 
     disaster; and
       (2) the term ``major disaster'' has the meaning given the 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       (b) Not later than the fifth business day of each month 
     during the applicable period for a major disaster, the 
     Administrator of the Small Business Administration shall 
     provide to the Committee on Small Business and 
     Entrepreneurship and the Committee on Appropriations of the 
     Senate and to the Committee on Small Business and the 
     Committee on Appropriations of the House of Representatives a 
     report on the operation of the disaster loan program 
     authorized under section 7 of the Small Business Act (15 
     U.S.C. 636) for such disaster during the preceding month.
       (c) Each report under subsection (b) shall include--
       (1) the daily average lending volume, in number of loans 
     and dollars, and the percent by which each category has 
     increased or decreased since the previous report under 
     subsection (b);
       (2) the weekly average lending volume, in number of loans 
     and dollars, and the percent by which each category has 
     increased or decreased since the previous report under 
     subsection (b);
       (3) the amount of funding spent over the month for loans, 
     both in appropriations and program level, and the percent by 
     which each category has increased or decreased since the 
     previous report under subsection (b);
       (4) the amount of funding available for loans, both in 
     appropriations and program level, and the percent by which 
     each category has increased or decreased, noting the source 
     of any additional funding;
       (5) an estimate of how long the available funding for such 
     loans will last, based on the spending rate;
       (6) the amount of funding spent over the month for staff, 
     along with the number of staff, and the percent by which each 
     category has increased or decreased since the previous report 
     under subsection (b);
       (7) the amount of funding spent over the month for 
     administrative costs, and the percent by which such spending 
     has increased or decreased since the previous report under 
     subsection (b);
       (8) the amount of funding available for salaries and 
     expenses combined, and the percent by which such funding has 
     increased or decreased, noting the source of any additional 
     funding; and
       (9) an estimate of how long the available funding for 
     salaries and expenses will last, based on the spending rate.
                                 ______
                                 
  SA 3632. Mr. DURBIN (for himself, Ms. Mikulski, Mr. Allen, Mr. 
Bingaman, Ms. Landrieu, Mr. Lautenberg, Mr. Biden, and Mr. Johnson) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       On page 117, between lines 9 and 10, insert the following:


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

       Sec. 1312. (a) Short Title.--This section may be cited as 
     the ``Reservists Pay Security Act of 2006''.
       (b) In General.--Subchapter IV of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5538. Nonreduction in pay while serving in the 
       uniformed services or National Guard

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

``5538. Nonreduction in pay while serving in the uniformed services or 
              National Guard.''.


[[Page 6105]]


       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to pay periods (as described in 
     section 5538(b) of title 5, United States Code, as amended by 
     this section) beginning on or after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 3633. Ms. STABENOW proposed an amendment to the bill H.R. 4939, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 253, between lines 19 and 20, insert the following:

                 TITLE VIII--OIL COMPANY ACOUNTABILITY

     SEC. 8001. ENERGY TAX REBATE.

       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 (relating to rules of special 
     application in the case of abatements, credits, and refunds) 
     is amended by adding at the end the following new section:

     ``SEC. 6430. ENERGY TAX REBATE.

       ``(a) General Rule.--Except as otherwise provided in this 
     section, each individual shall be treated as having made a 
     payment against the tax imposed by chapter 1 for the taxable 
     year beginning in 2006 in an amount equal to $500.
       ``(b) Remittance of Payment.--The Secretary shall remit to 
     each taxpayer the payment described in subsection (a) not 
     later than 30 days after the date of the enactment of this 
     section.
       ``(c) Certain Persons Not Eligible.--This section shall not 
     apply to--
       ``(1) any individual who did not have any adjusted gross 
     income for the preceding taxable year or whose adjusted gross 
     income for such preceding taxable year exceeded $120,000,
       ``(2) any individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for the taxable 
     year beginning in 2006,
       ``(3) any estate or trust, or
       ``(4) any nonresident alien individual.''.
       (b) Conforming Amendment.--Section 1324(b)(2) of title 31, 
     United States Code, is amended by inserting before the period 
     ``, or from section 6430 of such Code''.
       (c) Clerical Amendment.--The table of sections for 
     subchapter B of chapter 65 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 6430. Energy tax rebate.''.

       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 8002. REVALUATION OF LIFO INVENTORIES OF LARGE 
                   INTEGRATED OIL COMPANIES.

       (a) General Rule.--Notwithstanding any other provision of 
     law, if a taxpayer is an applicable integrated oil company 
     for its last taxable year ending in calendar year 2005, the 
     taxpayer shall--
       (1) increase, effective as of the close of such taxable 
     year, the value of each historic LIFO layer of inventories of 
     crude oil, natural gas, or any other petroleum product 
     (within the meaning of section 4611) by the layer adjustment 
     amount, and
       (2) decrease its cost of goods sold for such taxable year 
     by the aggregate amount of the increases under paragraph (1).

     If the aggregate amount of the increases under paragraph (1) 
     exceed the taxpayer's cost of goods sold for such taxable 
     year, the taxpayer's gross income for such taxable year shall 
     be increased by the amount of such excess.
       (b) Layer Adjustment Amount.--For purposes of this 
     section--
       (1) In general.--The term ``layer adjustment amount'' 
     means, with respect to any historic LIFO layer, the product 
     of--
       (A) $18.75, and
       (B) the number of barrels of crude oil (or in the case of 
     natural gas or other petroleum products, the number of 
     barrel-of-oil equivalents) represented by the layer.
       (2) Barrel-of-oil equivalent.--The term ``barrel-of-oil 
     equivalent'' has the meaning given such term by section 
     29(d)(5) (as in effect before its redesignation by the Energy 
     Tax Incentives Act of 2005).
       (c) Application of Requirement.--
       (1) No change in method of accounting.--Any adjustment 
     required by this section shall not be treated as a change in 
     method of accounting.
       (2) Underpayments of estimated tax.--No addition to the tax 
     shall be made under section 6655 of the Internal Revenue Code 
     of 1986 (relating to failure by corporation to pay estimated 
     tax) with respect to any underpayment of an installment 
     required to be paid with respect to the taxable year 
     described in subsection (a) to the extent such underpayment 
     was created or increased by this section.
       (d) Applicable Integrated Oil Company.--For purposes of 
     this section, the term ``applicable integrated oil company'' 
     means an integrated oil company (as defined in section 
     291(b)(4) of the Internal Revenue Code of 1986) which has an 
     average daily worldwide production of crude oil of at least 
     500,000 barrels for the taxable year and which had gross 
     receipts in excess of $1,000,000,000 for its last taxable 
     year ending during calendar year 2005. For purposes of this 
     subsection all persons treated as a single employer under 
     subsections (a) and (b) of section 52 of the Internal Revenue 
     Code of 1986 shall be treated as 1 person and, in the case of 
     a short taxable year, the rule under section 448(c)(3)(B) 
     shall apply.

     SEC. 8003. MODIFICATIONS OF FOREIGN TAX CREDIT RULES 
                   APPLICABLE TO LARGE INTEGRATED OIL COMPANIES 
                   WHICH ARE DUAL CAPACITY TAXPAYERS.

       (a) In General.--Section 901 of the Internal Revenue Code 
     of 1986 (relating to credit for taxes of foreign countries 
     and of possessions of the United States) is amended by 
     redesignating subsection (m) as subsection (n) and by 
     inserting after subsection (l) the following new subsection:
       ``(m) Special Rules Relating to Large Integrated Oil 
     Companies Which Are Dual Capacity Taxpayers.--
       ``(1) General rule.--Notwithstanding any other provision of 
     this chapter, any amount paid or accrued by a dual capacity 
     taxpayer which is a large integrated oil company to a foreign 
     country or possession of the United States for any period 
     shall not be considered a tax--
       ``(A) if, for such period, the foreign country or 
     possession does not impose a generally applicable income tax, 
     or
       ``(B) to the extent such amount exceeds the amount 
     (determined in accordance with regulations) which--
       ``(i) is paid by such dual capacity taxpayer pursuant to 
     the generally applicable income tax imposed by the country or 
     possession, or
       ``(ii) would be paid if the generally applicable income tax 
     imposed by the country or possession were applicable to such 
     dual capacity taxpayer.

     Nothing in this paragraph shall be construed to imply the 
     proper treatment of any such amount not in excess of the 
     amount determined under subparagraph (B).
       ``(2) Dual capacity taxpayer.--For purposes of this 
     subsection, the term `dual capacity taxpayer' means, with 
     respect to any foreign country or possession of the United 
     States, a person who--
       ``(A) is subject to a levy of such country or possession, 
     and
       ``(B) receives (or will receive) directly or indirectly a 
     specific economic benefit (as determined in accordance with 
     regulations) from such country or possession.
       ``(3) Generally applicable income tax.--For purposes of 
     this subsection--
       ``(A) In general.--The term `generally applicable income 
     tax' means an income tax (or a series of income taxes) which 
     is generally imposed under the laws of a foreign country or 
     possession on income derived from the conduct of a trade or 
     business within such country or possession.
       ``(B) Exceptions.--Such term shall not include a tax unless 
     it has substantial application, by its terms and in practice, 
     to--
       ``(i) persons who are not dual capacity taxpayers, and
       ``(ii) persons who are citizens or residents of the foreign 
     country or possession.
       ``(4) Large integrated oil company.--For purposes of this 
     subsection, the term `large integrated oil company' means, 
     with respect to any taxable year, an integrated oil company 
     (as defined in section 291(b)(4)) which--
       ``(A) had gross receipts in excess of $1,000,000,000 for 
     such taxable year, and
       ``(B) has an average daily worldwide production of crude 
     oil of at least 500,000 barrels for such taxable year.''
       (b) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to taxes paid or accrued in taxable years beginning 
     after the date of the enactment of this Act.
       (2) Contrary treaty obligations upheld.--The amendments 
     made by this section shall not apply to the extent contrary 
     to any treaty obligation of the United States.

     SEC. 8004. NONAPPLICATION OF AMORTIZATION OF GEOLOGICAL AND 
                   GEOPHYSICAL EXPENDITURES TO LARGE INTEGRATED 
                   OIL COMPANIES.

       (a) In General.--Section 167(h) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(5) Nonapplication to large integrated oil companies.--
     This subsection shall not apply to any expenses paid or 
     incurred during any taxable year by any taxpayer which is an 
     integrated oil company (as defined in section 291(b)(4) of 
     the Internal Revenue Code of 1986) which has gross receipts 
     in excess of $500,000,000 for such taxable year. For purposes 
     of this subsection all persons treated as a single employer 
     under subsections (a) and (b) of section 52 of the Internal 
     Revenue Code of 1986 shall be treated as 1 person and, in the 
     case of a short taxable year, the rule under section 
     448(c)(3)(B) shall apply.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3634. Mr. SMITH (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill H.R. 4939, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2006, and for other purposes; as follows:


[[Page 6106]]

       On page 128, between lines 10 and 11, insert the following:

                     DEPARTMENT OF VETERANS AFFAIRS


                     veterans health administration

                            medical services

       For an additional amount for ``Medical Services'' for the 
     Department of Veterans Affairs to increase mental health 
     staffing at community-based outpatient clinics, to establish 
     post-traumatic stress disorder (PTSD) and readjustment 
     related service programs with primary care physicicans, 
     mental health clinicians, and post-traumatic stress disorder 
     coordinators, and to provide access to family therapy 
     services, $29,000,000, to remain available until September 
     30, 2007: Provided, That the Secretary of Veterans Affairs 
     shall certify to Congress not later than October 15, 2007, 
     whether funds appropriated under this heading were expended 
     for the specific purposes for which they are provided under 
     this heading, and for no other purpose: Provided further, 
     That the Secretary include with the certification required 
     under the preceeding proviso a report describing the degree 
     to which funds described in that proviso improved mental 
     health staffing in community-based outpatient clinics, 
     provided for family therapy services, and improved mental 
     health care for veterans generally and veterans from 
     Operation Iraqi Freedom and Operation Enduring Freedom in 
     particular: 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.
                                 ______
                                 
  SA 3635. Mr. ALLEN (for himself and Mr. Burr) submitted an amendment 
intended to be proposed by him to the bill H.R. 4939, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2006, and for other purposes; as follows:

       On page 253, between lines 19 and 20, insert the following:


                           FEDERAL FUELS LIST

       Sec. 7__. (a) Section 211(c)(4)(C) of the Clean Air Act (42 
     U.S.C. 7545(c)(4)(C)) is amended by striking the second 
     clause (v) and inserting the following:
       ``(vi)(I) The Administrator shall have no authority, when 
     considering a State implementation plan or a State 
     implementation plan revision, to approve under this paragraph 
     any fuel included in such plan or revision if the effect of 
     such approval would be to increase the total number of fuels 
     approved under this paragraph as of September 1, 2004, in all 
     State implementation plans.
       ``(II) The Administrator, in consultation with the 
     Secretary of Energy (referred to in this clause as the 
     `Secretary'), shall--
       ``(aa) determine the total number of fuels approved under 
     this paragraph as of September 1, 2004, in all State 
     implementation plans; and
       ``(bb) not later than 90 days after the date of enactment 
     of this item, publish in the Federal Register a list of the 
     fuels described in item (aa), including the states and 
     Petroleum Administration for Defense District in which they 
     are used.
       ``(III) The Administrator--
       ``(aa) shall remove a fuel from the list published under 
     subclause (II) if the fuel ceases to be included in a State 
     implementation plan or if a fuel in a State implementation 
     plan is identical to a Federal fuel formulation implemented 
     by the Administrator; and
       ``(bb) reduce the total number of fuels authorized under 
     the list published under subclause (II) appropriately.
       ``(IV) Subclause (I) shall not limit the authority of the 
     Administrator to approve a control or prohibition respecting 
     any new fuel under this paragraph in an implementation plan 
     of a State, or a revision to such a plan, after the date of 
     enactment of this subclause if the new fuel completely 
     replaces a fuel on the list published under subclause (II).
       ``(V)(aa) Except as provided in item (bb), in considering 
     the implementation plan of a State or a revision to such a 
     plan, the Administrator shall have no authority under this 
     paragraph to approve any fuel unless that fuel was, as of the 
     date of the consideration, approved in at least 1 State 
     implementation plan in the applicable Petroleum Administrator 
     for Defense District.
       ``(bb) The Administrator may approve as part of a State 
     implementation plan, or a revision to such a plan, a fuel 
     with a summertime Reid Vapor Pressure of 7.0 psi, but such an 
     approval by the Administrator shall not cause an increase in 
     the total number of fuels on the list published under 
     subclause (II) as of the date of consideration.
       ``(VI) Nothing in this clause affects any available 
     authority of States to require the use of any fuel additive 
     registered in accordance with subsection (b), including any 
     fuel additive registered in accordance with that subsection 
     after the date of enactment of this subclause.
       ``(vii)(I) Clause (vi), including the limitations of the 
     authority of the Administrator and the cap on the total 
     number of fuels permitted, shall remain in effect until the 
     harmonization of fuels under subclause (V) is achieved, at 
     which time clause (v) shall no longer apply and the 
     limitations of the authority of the Administrator under 
     subclause (IV) shall apply.
       ``(II)(aa) Not later than 1 year after the date of 
     enactment of this clause, the Administrator, in coordination 
     with the Secretary and after providing notice and an 
     opportunity for public comment, shall identify and publish in 
     the Federal Register a list, to be known as the `Federal 
     Fuels List', containing 5 gasolines and diesel fuels to be 
     used in States that have not received a waiver under section 
     209(b).
       ``(bb) The list shall include 1 Federal on-road diesel fuel 
     (which shall grandfather the sulfur phase down in the ultra 
     low sulfur diesel fuel regulations of the Administrator in 
     effect as of the date of enactment of enactment of this 
     clause and shall permit the implementation of 1 alternative 
     diesel fuel, approved under this subparagraph before that 
     date for a State that has not received a section 209(b) 
     waiver, only in the State in which it was approved before 
     that date), 1 conventional gasoline for ozone attainment 
     areas, 1 reformulated gasoline (RFG) meeting the requirements 
     of subsection (k), and 2 additional gasolines with Reid vapor 
     pressure (RVP) controls for use in ozone attainment areas of 
     varying degrees of severity.
       ``(cc) None of the fuels identified under this subclause 
     shall control fuel sulfur or toxics levels beyond levels 
     required by regulations of the Administrator.
       ``(III)(aa) Gasolines and diesel fuels shall be included on 
     the Federal Fuels List based on an analysis by the 
     Administrator of the ability of the fuels to reduce ozone 
     emissions to assist States in attaining established ozone 
     standards under this Act, and on an analysis by the Secretary 
     that the adoption of the Federal Fuels List will not result 
     in a reduction in supply or in producibility, including that 
     caused by a reduction in domestic refining capacity as a 
     result of the adoption of the Federal Fuels List.
       ``(bb) In the event the Secretary concludes that adoption 
     of the Federal Fuels List will result in a reduction in 
     supply or in producibility, the Administrator and the 
     Secretary shall report that conclusion to Congress, and 
     suspend the implementation of this clause.
       ``(cc) The Administrator and the Secretary shall conduct 
     the study required under section 1541(c) of the Energy Policy 
     Act of 2005 (Public Law 109-58; 119 Stat. 1108) on the 
     timetable required in that section to provide Congress with 
     legislative recommendations for modifications to the proposed 
     Federal Fuels List only if the Secretary concludes that 
     adoption of the Federal Fuels List will result in a reduction 
     in supply or in producibility.
       ``(IV)(aa) On publication of the Federal Fuels List, the 
     Administrator shall have no authority, in considering a State 
     implementation plan or State implementation plan revisions, 
     to approve under this subparagraph any fuel included in such 
     plan or plan revision if the proposed fuel is not 1 of the 
     fuels on the Federal Fuels List or to approve an 
     implementation plan or plan revision of a State to move from 
     1 fuel on the Federal Fuels List to another unless, after 
     consultation with the Secretary, the Administrator publishes 
     in the Federal Register, after notice and opportunity for 
     public comment, a finding that, in the judgment of the 
     Administrator, the plan or plan revision to adopt a different 
     fuel on the Federal Fuels List will not cause fuel supply or 
     distribution disruptions in the affected area or contiguous 
     areas.
       ``(bb) A finding of the Administrator under item (aa) shall 
     include an assessment of reasonably foreseeable supply or 
     distribution emergencies that could occur in the affected 
     area or contiguous area and how adoption of the particular 
     fuel revisions would effect alternative supply options during 
     reasonably foreseeable supply or distribution emergencies.
       ``(V) The Administrator, in consultation with the 
     Secretary, shall--
       ``(aa) develop a plan to harmonize the currently approved 
     fuels in State implementation plans with the fuels included 
     on the Federal Fuels List; and
       ``(bb) not later than 18 months after the date of enactment 
     of this subclause, promulgate implementing regulations for 
     this plan.
       ``(VI) The harmonization plan under subclause (V) shall be 
     fully implemented by the States by not later than December 
     31, 2008.''.
       (b) Section 1541 of the Energy Policy Act of 2005 (Public 
     Law 109-58; 119 Stat. 1106) is amended by striking subsection 
     (c) and inserting the following:
       ``(c) Study and Report to Congress on Boutique Fuels.--
       ``(1) Joint study.--The Administrator of the Environmental 
     Protection Agency and the Secretary shall undertake a study 
     of the effects of the State plan provisions adopted pursuant 
     to section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 
     7545(c)(4)(C)) on--
       ``(A) air quality;
       ``(B) the number of fuel blends;
       ``(C) fuel availability;
       ``(D) fuel fungibility; and
       ``(E) fuel costs.
       ``(2) Focus of study.--
       ``(A) In general.--The primary focus of the study required 
     under paragraph (1) shall be to determine how to develop a 
     Federal

[[Page 6107]]

     fuels system that maximizes motor fuel fungibility and 
     supply, preserves air quality standards, and reduces motor 
     fuel price volatility that results from the proliferation of 
     boutique fuels, and to recommend to Congress such legislative 
     changes as are necessary to implement such a system.
       ``(B) Inclusions.--The study under paragraph (1) shall 
     include an analysis of--
       ``(i) the impacts on overall energy supply, distribution, 
     and use as a result of the legislative changes recommended;
       ``(ii) the impact on ozone emissions and supply of a 
     mandatory reduction in the number of fuel blends to 5, 
     including--

       ``(I) a fuel blend of on-road Federal diesel fuel (which 
     shall grandfather the sulfur phase down in the ultra low 
     sulfur diesel fuel regulations of the Administrator and shall 
     permit the implementation of, one alternative diesel fuel, 
     blend approved under this subparagraph before the date of 
     enactment of this subclause for a State that has not received 
     a section 209(b) waiver, only in the State in which it was 
     approved before that date);
       ``(II) a fuel blend of conventional gasoline for ozone 
     attainment areas;
       ``(III) a fuel blend of reformulated gasoline (RFG) meeting 
     the requirements of subsection (k); and
       ``(IV) 2 gasolines blends with Reid vapor pressure (RVP) 
     controls for use in ozone attainment areas of varying degrees 
     of severity.

       ``(3) Conduct of study.--
       ``(A) In general.--In carrying out this subsection, the 
     Administrator and the Secretary shall--
       ``(i) use sound science and objective science practices;
       ``(ii) consider the best available science;
       ``(iii) use data collected by accepted means; and
       ``(iv) consider and include a description of the weight of 
     the scientific evidence.
       ``(B) Coordination with other studies.--The Administrator 
     and the Secretary shall--
       ``(i) coordinate the study required by this section with 
     other studies required by this Act; and
       ``(ii) avoid duplication of effort with regard to those 
     studies, to the maximum extent practicable.
       ``(4) Responsibility of administrator.--In carrying out the 
     study under this subsection, the Administrator shall--
       ``(A) coordinate obtaining comments from affected parties 
     interested in the air quality impact assessment portion of 
     the study;
       ``(B) use sound and objective science practices; and
       ``(C) take into consideration the best available science; 
     and
       ``(D) take into consideration and include a description of 
     the weight of the scientific evidence.
       ``(5) Responsibility of secretary.--In carrying out the 
     study under this subsection, the Secretary shall coordinate 
     obtaining comments from affected parties interested in the 
     fuel availability, number of fuel blends, fuel fungibility 
     and fuel costs portion of the study.
       ``(6) Report to congress.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator and the 
     Secretary shall jointly submit to Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Environment and Public Works of the Senate a report 
     describing the results of the study under this subsection, 
     including any recommended regulatory and legislative changes.
       ``(7) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator and the Secretary 
     $500,000 for the completion of the study under this 
     subsection.''.
                                 ______
                                 
  SA 3636. Ms. STABENOW submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; as follows:

       On page 253, between lines 19 and 20, insert the following:

                 TITLE VIII--OIL COMPANY ACOUNTABILITY

     SEC. 8001. ENERGY TAX REBATE.

       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 (relating to rules of special 
     application in the case of abatements, credits, and refunds) 
     is amended by adding at the end the following new section:

     ``SEC. 6430. ENERGY TAX REBATE.

       ``(a) General Rule.--Except as otherwise provided in this 
     section, each individual shall be treated as having made a 
     payment against the tax imposed by chapter 1 for the taxable 
     year beginning in 2006 in an amount equal to $500.
       ``(b) Remittance of Payment.--The Secretary shall remit to 
     each taxpayer the payment described in subsection (a) not 
     later than 30 days after the date of the enactment of this 
     section.
       ``(c) Certain Persons Not Eligible.--This section shall not 
     apply to--
       ``(1) any individual who did not have any adjusted gross 
     income for the preceding taxable year or whose adjusted gross 
     income for such preceding taxable year exceeded $120,000,
       ``(2) any individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for the taxable 
     year beginning in 2006,
       ``(3) any estate or trust, or
       ``(4) any nonresident alien individual.''.
       (b) Conforming Amendment.--Section 1324(b)(2) of title 31, 
     United States Code, is amended by inserting before the period 
     ``, or from section 6430 of such Code''.
       (c) Clerical Amendment.--The table of sections for 
     subchapter B of chapter 65 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 6430. Energy tax rebate.''.

       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 8002. REVALUATION OF LIFO INVENTORIES OF LARGE 
                   INTEGRATED OIL COMPANIES.

       (a) General Rule.--Notwithstanding any other provision of 
     law, if a taxpayer is an applicable integrated oil company 
     for its last taxable year ending in calendar year 2005, the 
     taxpayer shall--
       (1) increase, effective as of the close of such taxable 
     year, the value of each historic LIFO layer of inventories of 
     crude oil, natural gas, or any other petroleum product 
     (within the meaning of section 4611) by the layer adjustment 
     amount, and
       (2) decrease its cost of goods sold for such taxable year 
     by the aggregate amount of the increases under paragraph (1).

     If the aggregate amount of the increases under paragraph (1) 
     exceed the taxpayer's cost of goods sold for such taxable 
     year, the taxpayer's gross income for such taxable year shall 
     be increased by the amount of such excess.
       (b) Layer Adjustment Amount.--For purposes of this 
     section--
       (1) In general.--The term ``layer adjustment amount'' 
     means, with respect to any historic LIFO layer, the product 
     of--
       (A) $18.75, and
       (B) the number of barrels of crude oil (or in the case of 
     natural gas or other petroleum products, the number of 
     barrel-of-oil equivalents) represented by the layer.
       (2) Barrel-of-oil equivalent.--The term ``barrel-of-oil 
     equivalent'' has the meaning given such term by section 
     29(d)(5) (as in effect before its redesignation by the Energy 
     Tax Incentives Act of 2005).
       (c) Application of Requirement.--
       (1) No change in method of accounting.--Any adjustment 
     required by this section shall not be treated as a change in 
     method of accounting.
       (2) Underpayments of estimated tax.--No addition to the tax 
     shall be made under section 6655 of the Internal Revenue Code 
     of 1986 (relating to failure by corporation to pay estimated 
     tax) with respect to any underpayment of an installment 
     required to be paid with respect to the taxable year 
     described in subsection (a) to the extent such underpayment 
     was created or increased by this section.
       (d) Applicable Integrated Oil Company.--For purposes of 
     this section, the term ``applicable integrated oil company'' 
     means an integrated oil company (as defined in section 
     291(b)(4) of the Internal Revenue Code of 1986) which has an 
     average daily worldwide production of crude oil of at least 
     500,000 barrels for the taxable year and which had gross 
     receipts in excess of $1,000,000,000 for its last taxable 
     year ending during calendar year 2005. For purposes of this 
     subsection all persons treated as a single employer under 
     subsections (a) and (b) of section 52 of the Internal Revenue 
     Code of 1986 shall be treated as 1 person and, in the case of 
     a short taxable year, the rule under section 448(c)(3)(B) 
     shall apply.

     SEC. 8003. MODIFICATIONS OF FOREIGN TAX CREDIT RULES 
                   APPLICABLE TO LARGE INTEGRATED OIL COMPANIES 
                   WHICH ARE DUAL CAPACITY TAXPAYERS.

       (a) In General.--Section 901 of the Internal Revenue Code 
     of 1986 (relating to credit for taxes of foreign countries 
     and of possessions of the United States) is amended by 
     redesignating subsection (m) as subsection (n) and by 
     inserting after subsection (l) the following new subsection:
       ``(m) Special Rules Relating to Large Integrated Oil 
     Companies Which Are Dual Capacity Taxpayers.--
       ``(1) General rule.--Notwithstanding any other provision of 
     this chapter, any amount paid or accrued by a dual capacity 
     taxpayer which is a large integrated oil company to a foreign 
     country or possession of the United States for any period 
     shall not be considered a tax--
       ``(A) if, for such period, the foreign country or 
     possession does not impose a generally applicable income tax, 
     or
       ``(B) to the extent such amount exceeds the amount 
     (determined in accordance with regulations) which--
       ``(i) is paid by such dual capacity taxpayer pursuant to 
     the generally applicable income tax imposed by the country or 
     possession, or
       ``(ii) would be paid if the generally applicable income tax 
     imposed by the country or possession were applicable to such 
     dual capacity taxpayer.


[[Page 6108]]


     Nothing in this paragraph shall be construed to imply the 
     proper treatment of any such amount not in excess of the 
     amount determined under subparagraph (B).
       ``(2) Dual capacity taxpayer.--For purposes of this 
     subsection, the term `dual capacity taxpayer' means, with 
     respect to any foreign country or possession of the United 
     States, a person who--
       ``(A) is subject to a levy of such country or possession, 
     and
       ``(B) receives (or will receive) directly or indirectly a 
     specific economic benefit (as determined in accordance with 
     regulations) from such country or possession.
       ``(3) Generally applicable income tax.--For purposes of 
     this subsection--
       ``(A) In general.--The term `generally applicable income 
     tax' means an income tax (or a series of income taxes) which 
     is generally imposed under the laws of a foreign country or 
     possession on income derived from the conduct of a trade or 
     business within such country or possession.
       ``(B) Exceptions.--Such term shall not include a tax unless 
     it has substantial application, by its terms and in practice, 
     to--
       ``(i) persons who are not dual capacity taxpayers, and
       ``(ii) persons who are citizens or residents of the foreign 
     country or possession.
       ``(4) Large integrated oil company.--For purposes of this 
     subsection, the term `large integrated oil company' means, 
     with respect to any taxable year, an integrated oil company 
     (as defined in section 291(b)(4)) which--
       ``(A) had gross receipts in excess of $1,000,000,000 for 
     such taxable year, and
       ``(B) has an average daily worldwide production of crude 
     oil of at least 500,000 barrels for such taxable year.''
       (b) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to taxes paid or accrued in taxable years beginning 
     after the date of the enactment of this Act.
       (2) Contrary treaty obligations upheld.--The amendments 
     made by this section shall not apply to the extent contrary 
     to any treaty obligation of the United States.

     SEC. 8004. NONAPPLICATION OF AMORTIZATION OF GEOLOGICAL AND 
                   GEOPHYSICAL EXPENDITURES TO LARGE INTEGRATED 
                   OIL COMPANIES.

       (a) In General.--Section 167(h) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(5) Nonapplication to large integrated oil companies.--
     This subsection shall not apply to any expenses paid or 
     incurred during any taxable year by any taxpayer which is an 
     integrated oil company (as defined in section 291(b)(4) of 
     the Internal Revenue Code of 1986) which has gross receipts 
     in excess of $500,000,000 for such taxable year. For purposes 
     of this subsection all persons treated as a single employer 
     under subsections (a) and (b) of section 52 of the Internal 
     Revenue Code of 1986 shall be treated as 1 person and, in the 
     case of a short taxable year, the rule under section 
     448(c)(3)(B) shall apply.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3637. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


NEXT GENERATION PROTECTIVE GEAR FOR SMALL-ARMS AND BIOTERRORISM THREATS 
                               TO TROOPS

       Sec. 1312. (a) Additional Amount for Research, Development, 
     Test, and Evaluation, Defense-Wide.--The amount appropriated 
     by this chapter under the heading ``Research, Development, 
     Test, and Evaluation, Defense-Wide'' is hereby increased by 
     $10,000,000.
       (b) Availability of Amount.--Of the amount appropriated by 
     this chapter under the heading ``Research, Development, Test, 
     and Evaluation, Defense-Wide'', as increased by subsection 
     (a), $10,000,000 shall be available for grants to research 
     institutions of higher education for research and development 
     on next generation protective gear for small-arms threats and 
     bioterrorism threats to troops.
                                 ______
                                 
  SA 3638. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


  income replacement payments for reserves experiencing extended and 
             frequent mobilization for active duty service

       Sec. 1312. (a) Modification of Eligibility.--Section 
     910(b)(1) of title 10, United States Code, is amended by 
     striking ``18 continuous months of service'' and inserting 
     ``six continuous months of service''.
       (b) Funding.--
       (1) Additional amount for military personnel.--The 
     aggregate amount appropriated by this chapter under the 
     heading ``MILITARY PERSONNEL'' is hereby increased by 
     $27,000,000.
       (2) Availability.--Of the amounts appropriated by this 
     chapter under the heading ``MILITARY PERSONNEL'', as 
     increased by paragraph (1), $27,000,000 shall be available in 
     fiscal year 2006 for the payment of income replacement 
     payments for Reserves experiencing extended and frequent 
     mobilization for active duty service under section 910 of 
     title 10, United States Code, as a result of the amendment 
     made by subsection (a).
                                 ______
                                 
  SA 3639. Mr. LEVIN (for himself, Mr. Dorgan, Ms. Stabenow, and Mr. 
Conrad) submitted an amendment intended to be proposed by him to the 
bill H.R. 4939, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 126, between lines 14 and 15, insert the following:

                     Customs and Border Protection

       For an additional amount for ``Customs and Border 
     Protection'', $12,000,000, for the Northern Border airwings 
     in Michigan and North Dakota: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement under section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.
                                 ______
                                 
  SA 3640. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


               DEMOCRACY PROGRAMS AND ACTIVITIES IN IRAN

       Sec. 7032. (a) Congress makes the following findings:
       (1) The people of the United States have long demonstrated 
     an interest in the well-being of the people of Iran, dating 
     back to the 1830s.
       (2) Famous Americans such as Howard Baskerville, Dr. Samuel 
     Martin, Jane E. Doolittle, and Louis G. Dreyfus, Jr., made 
     significant contributions to Iranian society by furthering 
     the educational opportunities of the people of Iran and 
     improving the opportunities of the less fortunate citizens of 
     Iran.
       (3) Iran and the United States were allies following World 
     War II, and through the late 1970s Iran was as an important 
     regional ally of the United States and a key bulwark against 
     Soviet influence.
       (4) In November 1979, following the arrival of Mohammed 
     Reza Shah Pahlavi in the United States, a mob of students and 
     extremists seized the United States Embassy in Tehran, Iran, 
     holding United States diplomatic personnel hostage until 
     January 1981.
       (5) Following the seizure of the United States Embassy, 
     Ayatollah Ruhollah Khomeini, leader of the repressive 
     revolutionary movement in Iran, expressed support for the 
     actions of the students in taking American citizens hostage.
       (6) Despite the presidential election of May 1997, an 
     election in which an estimated 91 percent of the electorate 
     participated, control of the internal and external affairs of 
     the Islamic Republic of Iran is still exercised by the courts 
     in Iran and the Revolutionary Guards, Supreme Leader, and 
     Council of Guardians of the Government of Iran.
       (7) The election results of the May 1997 election and the 
     high level of voter participation in that election 
     demonstrate that the people of Iran favor economic and 
     political reforms and greater interaction with the United 
     States and the Western world in general.
       (8) Efforts by the United States to improve relations with 
     Iran have been rebuffed by the Government of Iran.
       (9) The Clinton Administration eased sanctions against Iran 
     and promoted people-to-people exchanges, but the Leader of 
     the Islamic Revolution Ayatollah Ali Khamenei, the Militant 
     Clerics' Society, the Islamic Coalition Organization, and 
     Supporters of the Party of God have all opposed efforts to 
     open Iranian society to Western influences and have opposed 
     efforts to change the dynamic of relations between the United 
     States and Iran.
       (10) For the past two decades, the Department of State has 
     found Iran to be the leading sponsor of international 
     terrorism in the world.
       (11) In 1983, the Iran-sponsored Hezbollah terrorist 
     organization conducted suicide terrorist operations against 
     United States military and civilian personnel in Beirut, 
     Lebanon, resulting in the deaths of hundreds of Americans.
       (12) The United States intelligence community and law 
     enforcement personnel have linked Iran to attacks against 
     American military personnel at Khobar Towers in

[[Page 6109]]

     Saudi Arabia in 1996 and to al Qaeda attacks against 
     civilians in Saudi Arabia in 2004.
       (13) According to the Department of State's Patterns of 
     Global Terrorism 2001 report, ``Iran's Islamic Revolutionary 
     Guard Corps and Ministry of Intelligence and Security 
     continued to be involved in the planning and support of 
     terrorist acts and supported a variety of groups that use 
     terrorism to pursue their goals,'' and ``Iran continued to 
     provide Lebanese Hizballah and the Palestinian rejectionist 
     groups--notably HAMAS, the Palestinian Islamic Jihad, and the 
     [Popular Front for the Liberation of Palestine-General 
     Command]--with varying amounts of funding, safehaven, 
     training and weapons''.
       (14) Iran currently operates more than 10 radio and 
     television stations broadcasting in Iraq that incite violent 
     actions against United States and coalition personnel in 
     Iraq.
       (15) The current leaders of Iran, Ayatollah Ali Khamenei 
     and Hashemi Rafsanjani, have repeatedly called upon Muslims 
     to kill Americans in Iraq and install a theocratic regime in 
     Iraq.
       (16) The Government of Iran has admitted pursuing a 
     clandestine nuclear program, which the United States 
     intelligence community believes may include a nuclear weapons 
     program.
       (17) The Government of Iran has failed to meet repeated 
     pledges to arrest and extradite foreign terrorists in Iran.
       (18) The United States Government believes that the 
     Government of Iran supports terrorists and extremist 
     religious leaders in Iraq with the clear intention of 
     subverting coalition efforts to bring peace and democracy to 
     Iraq.
       (19) The Ministry of Defense of Iran confirmed in July 2003 
     that it had successfully conducted the final test of the 
     Shahab-3 missile, giving Iran an operational intermediate-
     range ballistic missile capable of striking both Israel and 
     United States troops throughout the Middle East and 
     Afghanistan.
       (b) Congress declares that it should be the policy of the 
     United States--
       (1) to support efforts by the people of Iran to exercise 
     self-determination over the form of government of their 
     country; and
       (2) to actively support a national referendum in Iran with 
     oversight by international observers and monitors to certify 
     the integrity and fairness of the referendum.
       (c)(1) The President is authorized, notwithstanding any 
     other provision of law, to provide financial and political 
     assistance (including the award of grants) to foreign and 
     domestic individuals, organizations, and entities that 
     support democracy and the promotion of democracy in Iran. 
     Such assistance includes funding for--
       (A) the Broadcasting Board of Governors for efforts to 
     cultivate and support independent broadcasters that broadcast 
     into Iran;
       (B) cultural and student exchanges;
       (C) the promotion of human rights and civil society 
     activities in Iran; and
       (D) assistance to student organizations, labor unions, and 
     trade associations in Iran.
       (2) It is the sense of Congress that financial and 
     political assistance under this section be provided to an 
     individual, organization, or entity that--
       (A) opposes the use of terrorism;
       (B) advocates the adherence by Iran to nonproliferation 
     regimes for nuclear, chemical, and biological weapons and 
     materiel;
       (C) is dedicated to democratic values and supports the 
     adoption of a democratic form of government in Iran;
       (D) is dedicated to respect for human rights, including the 
     fundamental equality of women;
       (E) works to establish equality of opportunity for people; 
     and
       (F) supports freedom of the press, freedom of speech, 
     freedom of association, and freedom of religion.
       (3) The President may provide assistance under this 
     subsection using amounts made available pursuant to the 
     authorization of appropriations under paragraph (7).
       (4) Not later than 15 days before each obligation of 
     assistance under this subsection, and in accordance with the 
     procedures under section 634A of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2394-l), the President shall notify the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives.
       (5) It is the sense of Congress that in order to ensure 
     maximum coordination among Federal agencies, if the President 
     provides the assistance under this section, the President 
     should appoint an individual who shall--
       (A) serve as special assistant to the President on matters 
     relating to Iran; and
       (B) coordinate among the appropriate directors of the 
     National Security Council on issues regarding such matters.
       (6) It is the sense of Congress that--
       (A) support for a transition to democracy in Iran should be 
     expressed by United States representatives and officials in 
     all appropriate international fora;
       (B) representatives of the Government of Iran should be 
     denied access to all United States Government buildings;
       (C) efforts to bring a halt to the nuclear weapons program 
     of Iran, including steps to end the supply of nuclear 
     components or fuel to Iran, should be intensified, with 
     particular attention focused on the cooperation regarding 
     such program--
       (i) between the Government of Iran and the Government of 
     the Russian Federation; and
       (ii) between the Government of Iran and individuals from 
     China, Malaysia, and Pakistan, including the network of Dr. 
     Abdul Qadeer (A. Q.) Khan; and
       (D) officials and representatives of the United States 
     should--
       (i) strongly and unequivocally support indigenous efforts 
     in Iran calling for free, transparent, and democratic 
     elections; and
       (ii) draw international attention to violations by the 
     Government of Iran of human rights, freedom of religion, 
     freedom of assembly, and freedom of the press.
       (7) There is authorized to be appropriated to the 
     Department of State $100,000,000 to carry out activities 
     under this subsection.
       (d) Not later than 15 days before designating a democratic 
     opposition organization as eligible to receive assistance 
     under subsection (b), the President shall notify the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives of the proposed designation. 
     The notification may be in classified form.
       (e)(1)(A) The amount appropriated by chapter 2 of title I 
     for the Broadcasting Board of Governors under the heading 
     ``international broadcasting operations'' is hereby increased 
     by $12,500,000.
       (B) The amount appropriated by chapter 4 of title I for 
     other bilateral assistance for the Department of State under 
     the heading ``Democracy Fund'' is hereby increased by 
     $12,500,000.
       (2)(A) Of the amount appropriated by chapter 2 of title I 
     for the Broadcasting Board of Governors under the heading 
     ``international broadcasting operations'', as increased by 
     paragraph (1)(A), $12,500,000 shall be made available for 
     democracy programs and activities in Iran.
       (B) Of the amount appropriated by chapter 4 of title I for 
     other bilateral assistance for the Department of State under 
     the heading ``Democracy Fund'', as increased by paragraph 
     (1)(B), $12,500,000 shall be made available for democracy 
     programs and activities in Iran.
       (3) The amount appropriated or otherwise made available by 
     chapter 3 of title I under the heading ``Other Procurement, 
     Army'' and available for Army modularity is hereby reduced by 
     $25,000,000.
                                 ______
                                 
  SA 3641. Mr. COBURN proposed an amendment to the bill H.R. 4939, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 9 of this Act, for the Federal Railroad 
     Administration under the heading ``Capital Grants for Rail 
     Line Relocation Projects'' may be available for the Rail Line 
     Relocation Capital Grant program, and the amount made 
     available under such heading is reduced by $700,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 2 of this Act, for the National Oceanic and 
     Atmospheric Administration under the heading ``Operations, 
     Research, and Facilities'' may be available for the National 
     Marine Fisheries Service to implement seafood promotion 
     strategies, and the amount made available under such heading 
     is reduced by $15,000,000.
       Notwithstanding any other provision of this Act, Sec. 
     7030(b) of this Act shall not take effect.
       Notwithstanding any other provision of this Act, Sec. 2303 
     of this Act shall not take effect.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 9 of this Act, for the Federal Highway 
     Administration under the heading ``Emergency Relief Program'' 
     may be available for the projects listed in the Federal 
     Highway Administration emergency relief backlog table, and 
     the amount made available under such heading is reduced by 
     $594,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 2 of this Act, for the National Oceanic and 
     Atmospheric Administration under the heading ``Operations, 
     Research, and Facilities'' may be available for the National 
     Marine Fisheries Service to study for three years the 
     profitability of shrimp and reef fish fisheries, and the 
     amount made available under such heading is reduced by 
     $20,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 7 of this Act, for the Corporation for National 
     and Community Service under the heading ``National and 
     Community Service Programs, Operating Expenses'' may be 
     available for the AmeriCorps National Civilian Community 
     Corps, and the amount made

[[Page 6110]]

     available under such heading is reduced by $20,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     I, chapter 3 of this Act, for the Navy under the heading 
     ``Aircraft Procurement, Navy'' may be available for the 
     procurement of V-22 aircraft, and the amount made available 
     under such heading is reduced by $230,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 4 of this Act, for the Army Corps of Engineers 
     under the heading ``Construction'' may be available for the 
     acceleration of the American River (Common Features) project 
     in California, and the amount made available under such 
     heading is reduced by $3,300,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 2 of this Act, for the National Oceanic and 
     Atmospheric Administration under the heading ``Operations, 
     Research, and Facilities'' may be available for the National 
     Marine Fisheries Service to equip fishing vessels with 
     logbooks to record haul-by-haul catch data, and the amount 
     made available under such heading is reduced by $10,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 8 of this Act, for the Armed Forces Retirement 
     Home under the heading ``Major Construction'' may be 
     available for the Armed Forces Retirement Home, and the 
     amount made available under such heading is reduced by 
     $176,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 2 of this Act, for the National Oceanic and 
     Atmospheric Administration under the heading ``Operations, 
     Research, and Facilities'' may be available for the National 
     Marine Fisheries Service to equip the off-shore shrimp and 
     reef fishery with electronic vessel monitoring systems, and 
     the amount made available under such heading is reduced by 
     $10,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 2 of this Act, for the National Oceanic and 
     Atmospheric Administration under the heading ``Operations, 
     Research, and Facilities'' may be available for the National 
     Marine Fisheries Service to assist New England coastal 
     communities that were impacted by a red tide outbreak, and 
     the amount made available under such heading is reduced by 
     $20,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 4 of this Act, for the Army Corps of Engineers 
     under the heading ``Construction'' may be available for the 
     acceleration of the South Sacramento Streams project in 
     California, and the amount made available under such heading 
     is reduced by $6,250,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 2 of this Act, for the National Oceanic and 
     Atmospheric Administration under the heading ``Operations, 
     Research, and Facilities'' may be available for the National 
     Marine Fisheries Service to develop temporary marine services 
     centers, and the amount made available under such heading is 
     reduced by $50,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 2 of this Act, for the National Oceanic and 
     Atmospheric Administration under the heading ``Operations, 
     Research, and Facilities'' may be available for the National 
     Marine Fisheries Service for replacement of private fisheries 
     infrastructure, and the amount made available under such 
     heading is reduced by $90,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 2 of this Act, for the National Oceanic and 
     Atmospheric Administration under the heading ``Operations, 
     Research, and Facilities'' may be available for the National 
     Marine Fisheries Service to employ fishers and vessel owners, 
     and the amount made available under such heading is reduced 
     by $25,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 2 of this Act, for the National Oceanic and 
     Atmospheric Administration under the heading ``Operations, 
     Research, and Facilities'' may be available for the National 
     Marine Fisheries Service to replace damaged fishing gear, and 
     the amount made available under such heading is reduced by 
     $200,000,000.
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in title 
     II, chapter 4 of this Act, for the Army Corps of Engineers 
     under the heading ``Construction'' may be available for the 
     acceleration of construction of the Sacramento Riverbank 
     Protection Project in California, and the amount made 
     available under such heading is reduced by $11,300,000.
                                 ______
                                 
  SA 3642. Mr. AKAKA (for himself, Mrs. Murray, Mr. Kerry, Mr. Dayton, 
Ms. Stabenow, Mr. Menendez, Mr. Obama, Mr. Schumer, Mr. Dorgan, Ms. 
Landrieu, Ms. Mikulski, Mrs. Lincoln, Mr. Biden, Mr. Rockefeller, Mrs. 
Boxer, Mr. Reed, Mrs. Clinton, Mr. Lautenberg, Mr. Pryor, Mr. Johnson, 
and Mr. Durbin) proposed an amendment to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 128, between lines 10 and 11, insert the following:

                     DEPARTMENT OF VETERANS AFFAIRS


                     veterans health administration

                            medical services

       For an additional amount for ``Medical Services'' for 
     necessary expenses for furnishing, as authorized by law, 
     outpatient and inpatient care and treatment to beneficiaries 
     of the Department of Veterans Affairs and veterans as 
     described in paragraphs (1) through (8) of section 1705(a) of 
     title 38, United States Code, including care and treatment in 
     facilities not under the jurisdiction of the department and 
     including medical supplies and equipment and salaries and 
     expenses of healthcare employees hired under title 38, United 
     States Code, and to aid State homes as authorized under 
     section 1741 of title 38, United States Code, $430,000,000 
     plus reimbursements: Provided, That of the amount under this 
     heading, $168,000,000 shall be available to address the needs 
     of servicemembers in need of mental health care, including 
     post-traumatic stress disorder: Provided further, That of the 
     amount under this heading, $80,000,000 shall be available for 
     the provision of readjustment counseling under section 1712A 
     of title 38, United States Code (commonly referred to as 
     ``Vet Centers''): Provided further, That of the amount under 
     this heading $182,000,000 shall be available to meet current 
     and pending care and treatment requirements: Provided 
     further, That the amount under this heading shall remain 
     available until expended: Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.
                                 ______
                                 
  SA 3643. Mr. SALAZAR (for himself, Mr. Warner, and Mr. McCain) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


 RENAMING OF DEATH GRATUITY PAYABLE FOR DEATHS OF MEMBERS OF THE ARMED 
                   FORCES AS FALLEN HERO COMPENSATION

       Sec. 1312. (a) In General.--Subchapter II of chapter 75 of 
     title 10, United States Code, is amended as follows:
       (1) In section 1475(a), by striking ``have a death gratuity 
     paid'' and inserting ``have fallen hero compensation paid''.
       (2) In section 1476(a)--
       (A) in paragraph (1), by striking ``a death gratuity'' and 
     inserting ``fallen hero compensation''; and
       (B) in paragraph (2), by striking ``A death gratuity'' and 
     inserting ``Fallen hero compensation''.
       (3) In section 1477(a), by striking ``A death gratuity'' 
     and inserting ``Fallen hero compensation''.
       (4) In section 1478(a), by striking ``The death gratuity'' 
     and inserting ``The amount of fallen hero compensation''.
       (5) In section 1479(1), by striking ``the death gratuity'' 
     and inserting ``fallen hero compensation''.
       (6) In section 1489--
       (A) in subsection (a), by striking ``a gratuity'' in the 
     matter preceding paragraph (1) and inserting ``fallen hero 
     compensation''; and
       (B) in subsection (b)(2), by inserting ``or other 
     assistance'' after ``lesser death gratuity''.
       (b) Clerical Amendments.--(1) Such subchapter is further 
     amended by striking ``Death Gratuity:'' each place it appears 
     in the heading of sections 1475 through 1480 and 1489 and 
     inserting ``Fallen Hero Compensation:''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by striking ``Death gratuity:'' in the 
     items relating to sections 1474 through 1480 and 1489 and 
     inserting ``Fallen hero compensation:''.
       (c) General References.--Any reference to a death gratuity 
     payable under subchapter II of chapter 75 of title 10, United 
     States Code, in any law, regulation, document, paper, or 
     other record of the United States shall be deemed to be a 
     reference to fallen hero compensation payable under such 
     subchapter, as amended by this section.
                                 ______
                                 
  SA 3644. Mr. SALAZAR submitted an amendment intended to be proposed 
by

[[Page 6111]]

him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 102, line 15, insert after ``the threats,'' the 
     following: ``the current strategy for predeployment training 
     of members of the Armed Forces on improvised explosive 
     devices,''
                                 ______
                                 
  SA 3645. Mr. SALAZAR (for himself and Mr. Baucus) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 246, between lines 8 and 9, insert the following:


               HAZARDOUS FUELS AND FOREST HEALTH PROJECTS

       Sec. ____. In addition to any other funds made available by 
     this Act, there is appropriated to the Secretary of 
     Agriculture, acting through the Chief of the Forest Service, 
     Wildland Fire Management, $30,000,000 for hazardous fuels and 
     forest health projects focused on reducing the risk of 
     catastrophic fires and mitigating the effects of widespread 
     insect infestations: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.
                                 ______
                                 
  SA 3646. Mr. SALAZAR (for himself, Mr. Allard, Mr. McConnell, and Mr. 
Wyden) submitted an amendment intended to be proposed by him to the 
bill H.R. 4939, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 253, between lines 19 and 20, insert the following:


         Sense of the Senate on destruction of chemical weapons

       Sec. 7032. (a) The Senate makes the following findings:
       (1) The Convention on the Prohibition of the Development, 
     Production, Stockpiling and Use of Chemical Weapons and on 
     Their Destruction, done at Paris on January 13, 1993 
     (commonly referred to as the ``Chemical Weapons 
     Convention''), requires all United States chemical weapons 
     stockpiles be destroyed by April 29, 2012.
       (2) On April 10, 2006, the Department of Defense notified 
     Congress that the United States would not meet the deadline 
     under the Chemical Weapons Convention for destruction of 
     United States chemical weapons stockpiles.
       (3) Destroying existing chemical weapons is a homeland 
     security imperative, an arms control priority, and required 
     by United States law.
       (4) The elimination and nonproliferation of chemical 
     weapons of mass destruction is of utmost importance to the 
     national security of the United States.
       (b) It is the sense of the Senate that--
       (1) the United States is committed to making every effort 
     to safely dispose of its chemical weapons stockpiles by the 
     Chemical Weapons Convention deadline of April 29, 2012, or as 
     soon thereafter as possible, and will carry out all of its 
     other obligations under the Convention; and
       (2) the Secretary of Defense should prepare a comprehensive 
     schedule for safely destroying the United States chemical 
     weapons stockpiles to prevent further delays in the 
     destruction of such stockpiles, and the schedule should be 
     submitted annually to the congressional defense committees.
                                 ______
                                 
  SA 3647. Mrs. HUTCHISON (for herself and Mr. Burns) proposed an 
amendment to amendment SA 3642 proposed by Mr. Akaka (for himself, Mrs. 
Murray, Mr. Kerry, Mr. Dayton, Ms. Stabenow, Mr. Menendez, Mr. Obama, 
Mr. Schumer, Mr. Dorgan, Ms. Landrieu, Ms. Mikulski, Mrs. Lincoln, Mr. 
Biden, Mr. Rockefeller, Mrs. Boxer, Mr. Reed, Mrs. Clinton, Mr. 
Lautenberg, Mr. Pryor, Mr. Johnson, and Mr. Durbin) to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       Before the period at the end of the amendment insert the 
     following:

     Provided further, That these amounts shall be available only 
     to the extent that an official budget request for the entire 
     amount is submitted to the Congress by the President that 
     includes designation of the entire amount of the request as 
     an emergency requirement.
                                 ______
                                 
  SA 3648. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 139, line 8, insert after ``and'' the following: 
     ``replace or''. On page 139, line 17, insert after ``docks'' 
     the following: ``vessels''. On page 140, line 22, after 
     ``repairing'' and ``vessels and''
                                 ______
                                 
  SA 3649. Mr. ALLEN (for himself and Mr. Harkin) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. JUSTICE FOR FORMER AMERICAN HOSTAGES IN IRAN.

       (a) Findings.--Congress finds that--
       (1) on November 4, 1979, the Iranian militants seized the 
     United States Embassy in Tehran, Iran, and held 52 Americans 
     hostage for 444 days until their negotiated release on 
     January 20, 1981;
       (2) on January 19, 1981, the United States Department of 
     State entered into a series of agreements with Iran that came 
     to be known as the Algiers Accords. The accords established 
     the United States-Iran Claims Tribunal to adjudicate United 
     States and Iranian commercial claims. The Accords, however, 
     precluded the 52 American hostages or their families from 
     bringing suit against Iran for their seizure, detention, 
     torture, and injuries;
       (3) on December 29, 2000, the 52 American hostages and 
     their spouses and children filed suit in the United States 
     District Court for the District of Columbia, pursuant to the 
     Antiterrorism and Effective Death Penalty Act of 1996 (Public 
     Law 104-132);
       (4) on August 6, 2001, the District Court entered a default 
     judgment against Iran after certifying the case as a class 
     action;
       (5) the United States Department of State intervened in the 
     case of the former American hostages and their families, and 
     successfully moved to vacate the decision against Iran by 
     invoking the Algiers Accords;
       (6) the former American Hostages and their families have 
     been denied the rights given every other American citizen to 
     prosecute their claims against a state sponsor of terrorism 
     pursuant to the Antiterrorism and Effective Death Penalty Act 
     of 1996; and
       (7) a common fund should be established to recognize these 
     American heroes.
       (b) Common Fund for Hostages.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of State, shall commence 
     payments to a common fund to be established and administered 
     by the certified class representatives for the former 
     American hostages in Iran and their survivors (as identified 
     in case number 1:00CV03110 (EGS) of the United States 
     District Court for the District of Columbia).
       (2) Administration.--The common fund shall--
       (A) be administered to pay claims to the Americans held 
     hostage in Iran and to members of their families, and the 
     estates of those hostages and family members who have since 
     died, who were identified as class members in case number 
     1:00CV03110 (EGS) of the United States District Court for the 
     District of Columbia; and
       (B) be administered for the purpose of satisfying such 
     claims, as approved by the certified class representatives 
     identified in that case number.
       (c) Funding.--Payments to the common fund under subsection 
     (b) shall be derived from the liquidation of blocked assets 
     (as defined in section 201(d)(2) of the Terrorism Risk 
     Insurance Act of 2002 (Public Law 107-297; 28 U.S.C. 1610 
     note) with respect to Iran, and from amounts in the Iran 
     Foreign Military Sales Fund account within the Foreign 
     Military Sales Fund. The Secretary of the Treasury may use 
     the interest in the Iran Foreign Military Sales Fund account, 
     the principal in the account, or liquidate assets for 
     purposes of this subsection.
       (d) Amount.--The Secretary of the Treasury shall make 
     payments into the fund in amounts equal to--
       (1) for each former hostage identified as a class member 
     under subsection (b)(1), $1,000 for each day of captivity;
       (2) for each spouse and child identified as a class member 
     under subsection (b)(1), $500 for each day of captivity of 
     the former hostages; and
       (3) interest on each amount under paragraph (1) and (2), 
     calculated at the historical daily prime rate, as published 
     by the Board of Governors of the Federal Reserve System, for 
     the period from the date of the release of the hostages until 
     the date of payment under this section.
       (e) Taxes.--Payments to the former American hostages and 
     their family members pursuant to this section shall be exempt 
     from Federal taxes.
                                 ______
                                 
  SA 3650. Mr. OBAMA (for himself, Mr. Akaka, Mrs. Murray, Mr. 
Rockefeller, and Mr. Jeffords) submitted an amendment intended to be 
proposed by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes;

[[Page 6112]]

which was ordered to lie on the table; as follows:

       On page 128, between lines 10 and 11, insert the following:

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration

                       general operating expenses

       For an additional amount for ``General Operating 
     Expenses'', $80,000,000, to improve timeliness and accuracy 
     of claims processing, rating, and adjudication, 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.
                                 ______
                                 
  SA 3651. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert:

     SEC. _. WORKING FAMILY TAX RELIEF.

       For purposes of section 24(d) of the Internal Revenue Code 
     of 1986 (relating to portion of child tax credit made 
     refundable), in the case of any taxable year beginning during 
     2006 or 2007, with respect to any taxpayer who had a primary 
     residence in the Hurricane Katrina disaster area (as defined 
     in section 1400M(2) of such Code) on August 28, 2005, clause 
     (i) of section 24(d)(1)(B) of such Code shall be applied by 
     substituting 10 percent of the taxpayer's earned income for 
     such taxable year for the amount which would otherwise be 
     determined under such clause for such taxable year. A 
     taxpayer may elect not to have this section apply for any 
     taxable year.
                                 ______
                                 
  SA 3652. Mr. OBAMA (for himself, Mr. Levin, Mr. Bayh, Ms. Landrieu, 
and Mr. Durbin) submitted an amendment intended to be proposed by him 
to the bill H.R. 4939, making emergency supplemental appropriations for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 165, line 20, after ``Provided, That'' insert the 
     following: ``$1,000,000 shall be for the efforts of the 
     Director of the Federal Emergency Management Agency, in 
     consultation with the Secretary of Health and Human Services, 
     ongoing on the date of enactment of this Act to assist 
     individuals displaced by Hurricane Katrina of 2005, in 
     locating members of their family: Provided further, That not 
     later than 1 year after the date of enactment of this Act, 
     the Secretary of Homeland Security, in consultation with the 
     Secretary of Health and Human Services, shall conduct an 
     assessment regarding how to modify the Louisiana family 
     assistance call center model for use in major disasters (as 
     that term is defined in section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122)) occurring after the date of enactment of this Act: 
     Provided further, That not later than 1 year after the date 
     of the conclusion of the assessment conducted under the 
     preceding proviso, the Secretary of Homeland Security, in 
     consultation with the Secretary of Health and Human Services, 
     shall issue regulations to implement the findings of such 
     assessment, to the maximum extent practicable: Provided 
     further, That''.
                                 ______
                                 
  SA 3653. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 165, lines 20, after ``Provided, That'' insert the 
     following: ``$500,000 shall be for the Secretary of Homeland 
     Security, acting through the Office of State and Local 
     Government Coordination and Preparedness and the Office for 
     Civil Rights and Civil Liberties, to take appropriate actions 
     to carry out recommendation 43 (regarding improving 
     evacuation procedures for people with special needs) in the 
     report by the Assistant to the President for Homeland 
     Security and Counterterrorism entitled `The Federal Response 
     to Hurricane Katrina: Lessons Learned,' dated February 23, 
     2006: Provided further, That:''.
                                 ______
                                 
  SA 3654. Mr. REID (for Mr. Kerry) submitted an amendment intended to 
be proposed by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 128, between lines 10 and 11, insert the following:

                     DEPARTMENT OF VETERANS AFFAIRS

          Support for mental health and readjustment programs

       Sec. 1601. Congress makes the following findings:
       (1) Not all the wounds caused by war are physical.
       (2) In July of 2004, the New England Journal of Medicine 
     reported that one of every six combat veterans in Iraq and 
     Afghanistan showed symptoms of major depression, anxiety, or 
     post-traumatic stress disorder (PTSD).
       (3) A more recent study in the Journal of the American 
     Medical Association found that 19.1 percent of returning 
     veterans from Iraq, and 11.3 percent of veterans returning 
     from Afghanistan, reported mental health problems.
       (4) Historic experience reveals that soldiers will return 
     from war having to cope with a range of emotional issues, 
     regardless of whether or not they are diagnosed with post-
     traumatic stress disorder.
       (5) Care for veterans is an ongoing cost of war.
       (6) The New Hampshire National Guard pioneered a new 
     approach to meeting the mental health and readjustment needs 
     of its soldiers.
       (7) The New Hampshire model stipulates that as part of a 
     comprehensive return and readjustment program, members of the 
     National Guard receive individual counseling with counselors 
     from Vet Centers who specialize in treating war trauma and 
     related readjustment issues.
       (8) The counseling is both mandatory and confidential, 
     destroying any stigma associated with seeking help for 
     emotional mental health problems.
       (9) Of the first 810 soldiers to pass through the screening 
     process, nearly 200 have received counseling.
       (10) Counselors at Vet Centers are highly trained in 
     readjustment counseling. Sixty percent of the counselors in 
     Vets Centers are veterans themselves, 40 percent are combat 
     veterans, and all are very experienced with helping veterans 
     and their families deal with the challenges of readjustment.
       (11) The greatest obstacle to the adoption of the New 
     Hampshire program nationwide is the lack of resources 
     available to Vet Centers.
       (12) In fiscal year 2004, Vet Centers served 125,859 
     veterans in more than 1,000,000 visits.
       (13) Even without the war in Iraq, Vet Centers were already 
     overloaded with cases.
       (14) In fiscal year 2005, Vet Centers were expected to 
     provide services to nearly 14,000 veterans of Iraq and 
     Afghanistan in almost 44,000 office visits, and more than 
     3,800 of these veterans had post-traumatic stress disorder.
       (15) As of the end of February 2006, Vet Centers provided 
     services to 70,547 veterans of operations in Iraq and 
     Afghanistan in 2006.


                            medical services

       For an additional amount for ``Medical Services'', 
     $100,000,000, for the Readjustment Counseling Services of the 
     Department of Veterans Affairs to expand transition programs, 
     increase screening for post-traumatic stress disorder (PTSD), 
     and expand resources available for treatment of post-
     traumatic stress disorder: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.
                                 ______
                                 
  SA 3655. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

                     Report on Assistance for Iraq

       Sec.  . Not later than 30 days after the date of enactment 
     of this Act, the Secretary of State shall submit to the 
     Committees on Appropriations a report setting forth the 
     procedures in place to ensure that United States assistance 
     is not provided to security force units in Iraq credibly 
     alleged to be involved in gross human rights violations, 
     including the procedures for vetting all police, military and 
     other security force units receiving such assistance, 
     monitoring the use of such assistance, and maintaining a list 
     of units ineligible to receive such assistance.
                                 ______
                                 
  SA 3656. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRAVEL DOCUMENT PLAN.

       Section 7209(b)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1185 note) is amended by 
     striking ``January 1, 2008'' and inserting ``June 1, 2009''.
                                 ______
                                 
  SA 3657. Mr. LEAHY (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for

[[Page 6113]]

other purposes; which was ordered to lie on the table; as follows:

       On page 118, line 7, strike ``$136,290,000'' and insert in 
     lieu thereof ``$171,290,000''.
                                 ______
                                 
  SA 3658. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 120, line 13, after the colon insert the following:

     Provided further, That of the funds appropriated under this 
     heading for assistance for Iraq, not less than $16,000,000 
     shall be made available to the United States Agency for 
     International Development for continued support for its Iraq 
     Civil Society and Media Program: Provided further, That funds 
     made available under the previous proviso shall be in 
     addition to funds appropriated by this Act that are available 
     to the United States Agency for International Development for 
     Iraq
                                 ______
                                 
  SA 3659. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, line 25, strike ``$10,500,000'' and insert in 
     lieu thereof ``$20,500,000''.
       On page 117, line 26, after ``That'' insert the following:

     of the funds appropriated under this heading, $10,000,000 
     shall be made available for assistance for Guatemala for 
     recovery and reconstruction activities related to Hurricane 
     Stan: Provided further, That
                                 ______
                                 
  SA 3660. Mr. LEAHY (for himself, Mr. Coleman, and Ms. Murkowski) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:

                 INELIGIBILITY FOR ADMISSION FOR ALIENS

       Sec. 7032. Section 212(a)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended--
       (1) in clause (vi)(III), by striking ''which'' before 
     ``engages in, or has a subgroup'' and inserting in lieu 
     thereof ``that the Secretary of the State, in consultation 
     with or upon the request of the Attorney General or Secretary 
     of Homeland Security, has certified''; and
       (2) by adding at the end, the following new clause:
       ``(vii) Exception for involuntary material support.--An 
     individual has not provided material support for the purposes 
     of subclause (VI) of clause (iv) if the individual 
     establishes to the satisfaction of the consular officer when 
     applying for a visa (or to the satisfaction of the Attorney 
     General or Secretary of Homeland Security when applying for 
     admission) that such support was involuntary or for purposes 
     of protecting the alien or another person from the use of, or 
     the threat of, unlawful force that a reasonable person in the 
     alien's situation would not have resisted.''.
                                 ______
                                 
  SA 3661. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 121, line 5, after the colon, insert the following: 
     Provided further, That funds made available under this 
     heading shall be subject to the regular notification 
     procedures of the Committees on Appropriations:
                                 ______
                                 
  SA 3662. Mr. FEINGOLD (for himself, Mr. Leahy, Mr. Salazar, Mr. Byrd, 
Mr. Lieberman, and Ms. Collins) submitted an amendment intended to be 
proposed by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       Sec.----. For purposes of oversight by and determining the 
     termination date of the Office of the Special Inspector 
     General for Iraq Reconstruction under section 3001(o) of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 5 U.S.C. App. 8G note), as amended by section 1203 
     of the Ronald W. Reagan National Defense Authorization Act, 
     2005 (Public Law 108-375); 118 Stat. 2081), and section 599 
     of the Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 2006 (Public Law 109-102; 119 
     Stat. 2240), the following funds shall be deemed amounts 
     appropriated or otherwise made available for the Iraq Relief 
     and Reconstruction Fund:
       (1) Funds appropriated or otherwise made available by this 
     Act for assistance for Iraq under the headings ``OPERATING 
     EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
     DEVELOPMENT'', ``ECONOMIC SUPPORT FUND'', ``INTERNATIONAL 
     NARCOTICS CONTROL AND LAW ENFORCEMENT,'' and ``INTERNATIONAL 
     AFFAIRS TECHNICAL ASSISTANCE''.
       (2) Funds appropriated or otherwise made available for 
     assistance for Iraq by title II of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2006 (Public Law 109-102) under the heading ``ECONOMIC 
     SUPPORT FUND''.
                                 ______
                                 
  SA 3663. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 121, line 1, strike ``in Iran'' and insert in lieu 
     thereof:

     , of which $34,750,000 shall be made available to promote 
     democracy in Iran and of which $5,000,000 shall be made 
     available for election assistance in the Democratic Republic 
     of the Congo
       On page 121, line 2, after ``heading'' insert ``for 
     assistance for Iran''.
                                 ______
                                 
  SA 3664. Mr. LEAHY (for himself, Mr. Coleman, Ms. Murkowski, and Mr. 
Lieberman) submitted an amendment intended to be proposed by him to the 
bill H.R. 4939, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


                 INELIGIBILITY FOR ADMISSION FOR ALIENS

       Sec. 7032. Section 212(a)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended--
       (1) in clause (vi)(III), by striking ``which'' before 
     ``engages in, or has a subgroup'' and inserting in lieu 
     thereof ``that the Secretary of the State, in consultation 
     with or upon the request of the Attorney General or Secretary 
     of Homeland Security, has certified''; and
       (2) by adding at the end, the following new clause:
       ``(vii) Exception for involuntary material support.--An 
     individual has not provided material support for the purposes 
     of subclause (VI) of clause (iv) if the individual 
     establishes to the satisfaction of the Secretary of State, 
     Attorney General or Secretary of Homeland Security that such 
     support was involuntary or for purposes of protecting the 
     alien or another person from the use of, or the threat of, 
     unlawful force that a reasonable person in the alien's 
     situation would not have resisted.''
                                 ______
                                 
  SA 3665. Mr. WYDEN proposed an amendment to the bill H.R. 4939, 
making emergency supplemental appropriations for fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 253, between lines 19 and 20, insert the following:


      PROHIBITION OF FUNDS FOR OIL AND NATURAL GAS ROYALTY RELIEF

       Sec. 7032. (a) No funds made available under this Act or 
     any other Act for any fiscal year for royalty and offshore 
     minerals management may be used by the Secretary of the 
     Interior to provide relief from a requirement to pay a 
     royalty for the production of oil or natural gas from Federal 
     land during any period in which--
       (1) for the production of oil, the average price of crude 
     oil in the United States is greater than $55 a barrel; and
       (2) for the production of natural gas, the average price of 
     natural gas in the United States is $10 per 1,000 cubic feet 
     of natural gas.
       (b) In administering funds made available for royalty or 
     offshore minerals management, the Secretary of the Interior 
     may waive or specify alternative requirements if the 
     Secretary of the Interior determines that royalty relief is 
     necessary to avoid oil or natural gas supply disruptions as a 
     consequence of hurricanes or other natural disasters.
                                 ______
                                 
  SA 3666. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


PROHIBITION ON USE OF FUNDS FOR CONDEMNATION OF LAND LOCATED NEAR PINON 
                                 CANYON

       Sec. 7032. (a) In this section, the term ``fair market 
     value'' means the value of a parcel of

[[Page 6114]]

     land, as determined by an appraisal performed by an 
     independent, certified appraiser in accordance with the 
     Uniform Standards of Professional Appraisal Practice.
       (b) Subject to subsection (c), any funds made available to 
     the Department of Defense pursuant to the Department of 
     Defense Appropriations Act, 2006 (Division A of Public Law 
     109-148; 119 Stat. 2680), the Military Quality of Life and 
     Veterans Affairs Appropriations Act, 2006 (Public Law 109-
     114; 119 Stat. 2372 ), or any other Act shall not be 
     obligated or expended to acquire land located near the Pinon 
     Canyon Maneuver Site if the land acquisition requires--
       (1) condemnation;
       (2) seizure by a Federal entity of private property; or
       (3) eminent domain.
       (c) The prohibition on the use of funds described in 
     subsection (b) shall not apply to a land exchange between a 
     willing seller and a willing buyer in which the exchanged 
     land is purchased for an amount that does not exceed the fair 
     market value of that land.
                                 ______
                                 
  SA 3667. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 161, line 17, strike ``$60,000,000'' and insert 
     ``$80,000,000''.
       On page 161, line 19, insert ``, and in Jefferson Parish in 
     the vicinity of Jean Lafitte,'' after ``Plaquemines Parish''.
       On page 162, line 4, strike ``$641,500,000'' and insert 
     ``$621,500,000''.
                                 ______
                                 
  SA 3668. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


                        LA LOUTRE RIDGE PROJECT

       Sec. 7__. For purposes of chapter 3 of title I of division 
     B of the Department of Defense, Emergency Supplemental 
     Appropriations to Address Hurricanes in the Gulf of Mexico, 
     and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 
     Stat. 2761), the water control structure in the vicinity of 
     La Loutre Ridge shall be considered to be an authorized 
     operations and maintenance activity of the Corps of 
     Engineers.
                                 ______
                                 
  SA 3669. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 200, line 21, insert ``Provided further, That no 
     State shall be allocated less than 3.5 percent of the amount 
     provided under this heading:'' after ``impacted areas:''.
                                 ______
                                 
  SA 3670. Mr. DORGAN (for himself, Mr. Dodd, Mrs. Boxer, Mr. Reed, Mr. 
Lieberman, Mr. Leahy, Ms. Mikulski, and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 253, between lines 19 and 20, insert the following:

     SEC. __. WINDFALL PROFITS TAX; ENERGY CONSUMER REBATE.

       (a) Windfall Profits Tax.--
       (1) In general.--Subtitle E of the Internal Revenue Code of 
     1986 (relating to alcohol, tobacco, and certain other excise 
     taxes) is amended by adding at the end the following new 
     chapter:

              ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL

``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; removal price; adjusted base price; 
              qualified investment.
``Sec. 5898. Special rules and definitions.

     ``SEC. 5896. IMPOSITION OF TAX.

       ``(a) In General.--In addition to any other tax imposed 
     under this title, there is hereby imposed on any integrated 
     oil company (as defined in section 291(b)(4)) which has an 
     average daily worldwide production of crude oil of at least 
     500,000 barrels for the taxable year an excise tax equal to 
     the excess of--
       ``(1) the amount equal to 50 percent of the windfall profit 
     from all barrels of taxable crude oil removed from the 
     property during each taxable year, over
       ``(2) the amount of qualified investment by such company 
     during such taxable year.
       ``(b) Fractional Part of Barrel.--In the case of a fraction 
     of a barrel, the tax imposed by subsection (a) shall be the 
     same fraction of the amount of such tax imposed on the whole 
     barrel.
       ``(c) Tax Paid by Producer.--The tax imposed by this 
     section shall be paid by the producer of the taxable crude 
     oil.

     ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE 
                   PRICE; QUALIFIED INVESTMENT.

       ``(a) General Rule.--For purposes of this chapter, the term 
     `windfall profit' means the excess of the removal price of 
     the barrel of taxable crude oil over the adjusted base price 
     of such barrel.
       ``(b) Removal Price.--For purposes of this chapter--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the term `removal price' means the amount for 
     which the barrel of taxable crude oil is sold.
       ``(2) Sales between related persons.--In the case of a sale 
     between related persons, the removal price shall not be less 
     than the constructive sales price for purposes of determining 
     gross income from the property under section 613.
       ``(3) Oil removed from property before sale.--If crude oil 
     is removed from the property before it is sold, the removal 
     price shall be the constructive sales price for purposes of 
     determining gross income from the property under section 613.
       ``(4) Refining begun on property.--If the manufacture or 
     conversion of crude oil into refined products begins before 
     such oil is removed from the property--
       ``(A) such oil shall be treated as removed on the day such 
     manufacture or conversion begins, and
       ``(B) the removal price shall be the constructive sales 
     price for purposes of determining gross income from the 
     property under section 613.
       ``(5) Property.--The term `property' has the meaning given 
     such term by section 614.
       ``(c) Adjusted Base Price Defined.--
       ``(1) In general.--For purposes of this chapter, the term 
     `adjusted base price' means $40 for each barrel of taxable 
     crude oil plus an amount equal to--
       ``(A) such base price, multiplied by
       ``(B) the inflation adjustment for the calendar year in 
     which the taxable crude oil is removed from the property.

     The amount determined under the preceding sentence shall be 
     rounded to the nearest cent.
       ``(2) Inflation adjustment.--
       ``(A) In general.--For purposes of paragraph (1), the 
     inflation adjustment for any calendar year after 2006 is the 
     percentage by which--
       ``(i) the implicit price deflator for the gross national 
     product for the preceding calendar year, exceeds
       ``(ii) such deflator for the calendar year ending December 
     31, 2005.
       ``(B) First revision of price deflator used.--For purposes 
     of subparagraph (A), the first revision of the price deflator 
     shall be used.
       ``(d) Qualified Investment.--For purposes of this chapter--
       ``(1) In general.--The term `qualified investment' means 
     any amount paid or incurred with respect to--
       ``(A) section 263(c) costs,
       ``(B) qualified refinery property (as defined in section 
     179C(c) and determined without regard to any termination 
     date),
       ``(C) any qualified facility described in paragraph (1), 
     (2), (3), or (4) of section 45(d) (determined without regard 
     to any placed in service date),
       ``(D) any facility for the production of alcohol used as a 
     fuel (within the meaning of section 40) or biodiesel or agri-
     biodiesel used as a fuel (within the meaning of section 40A).
       ``(2) Section 263(c) costs.--For purposes of this 
     subsection, the term `section 263(c) costs' means intangible 
     drilling and development costs incurred by the taxpayer which 
     (by reason of an election under section 263(c)) may be 
     deducted as expenses for purposes of this title (other than 
     this paragraph). Such term shall not include costs incurred 
     in drilling a nonproductive well.

     ``SEC. 5898. SPECIAL RULES AND DEFINITIONS .

       ``(a) Withholding and Deposit of Tax.--The Secretary shall 
     provide such rules as are necessary for the withholding and 
     deposit of the tax imposed under section 5896 on any taxable 
     crude oil.
       ``(b) Records and Information.--Each taxpayer liable for 
     tax under section 5896 shall keep such records, make such 
     returns, and furnish such information (to the Secretary and 
     to other persons having an interest in the taxable crude oil) 
     with respect to such oil as the Secretary may by regulations 
     prescribe.
       ``(c) Return of Windfall Profit Tax.--The Secretary shall 
     provide for the filing and the time of such filing of the 
     return of the tax imposed under section 5896.
       ``(d) Definitions.--For purposes of this chapter--
       ``(1) Producer.--The term `producer' means the holder of 
     the economic interest with respect to the crude oil.
       ``(2) Crude oil.--
       ``(A) In general.--The term `crude oil' includes crude oil 
     condensates and natural gasoline.
       ``(B) Exclusion of newly discovered oil.--Such term shall 
     not include any oil produced from a well drilled after the 
     date of the enactment of this chapter, except with respect to 
     any oil produced from a well

[[Page 6115]]

     drilled after such date on any proven oil or gas property 
     (within the meaning of section 613A(c)(9)(A)).
       ``(3) Barrel.--The term `barrel' means 42 United States 
     gallons.
       ``(e) Adjustment of Removal Price.--In determining the 
     removal price of oil from a property in the case of any 
     transaction, the Secretary may adjust the removal price to 
     reflect clearly the fair market value of oil removed.
       ``(f) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this chapter.
       ``(g) Termination.--This section shall not apply to taxable 
     crude oil removed after the date which is 3 years after the 
     date of the enactment of this section.''.
       (2) Clerical amendment.--The table of chapters for subtitle 
     E of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

             ``Chapter 56. Windfall Profit on Crude Oil.''.

       (3) Deductibility of windfall profit tax.--The first 
     sentence of section 164(a) of the Internal Revenue Code of 
     1986 (relating to deduction for taxes) is amended by 
     inserting after paragraph (5) the following new paragraph:
       ``(6) The windfall profit tax imposed by section 5896.''.
       (4) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall apply to crude oil removed after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.
       (B) Transitional rules.--For the period ending December 31, 
     2006, the Secretary of the Treasury or the Secretary's 
     delegate shall prescribe rules relating to the administration 
     of chapter 56 of the Internal Revenue Code of 1986. To the 
     extent provided in such rules, such rules shall supplement or 
     supplant for such period the administrative provisions 
     contained in chapter 56 of such Code (or in so much of 
     subtitle F of such Code as relates to such chapter 56).
       (b) Energy Consumer Rebate.--
       (1) In general.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 (relating to rules of special 
     application in the case of abatements, credits, and refunds) 
     is amended by adding at the end the following new section:

     ``SEC. 6430. ENERGY CONSUMER REBATE.

       ``(a) General Rule.--Except as otherwise provided in this 
     section, each individual shall be treated as having made a 
     payment against the tax imposed by chapter 1 for each taxable 
     year beginning after December 31, 2005, in an amount equal to 
     the lesser of--
       ``(1) the amount of the taxpayer's liability for tax for 
     such taxpayer's preceding taxable year, or
       ``(2) the applicable amount.
       ``(b) Liability for Tax.--For purposes of this section, the 
     liability for tax for any taxable year shall be the excess 
     (if any) of--
       ``(1) the sum of--
       ``(A) the taxpayer's regular tax liability (within the 
     meaning of section 26(b)) for the taxable year,
       ``(B) the tax imposed by section 55(a) with respect to such 
     taxpayer for the taxable year, and
       ``(C) the taxpayer's social security taxes (within the 
     meaning of section 24(d)(2)) for the taxable year, over
       ``(2) the sum of the credits allowable under part IV of 
     subchapter A of chapter 1 (other than the credits allowable 
     under subpart C thereof, relating to refundable credits) for 
     the taxable year.
       ``(c) Applicable Amount.--For purposes of this section, the 
     applicable amount for any taxpayer shall be determined by the 
     Secretary not later than the date specified in subsection 
     (d)(1) taking into account the number of such taxpayers and 
     the amount of revenues in the Treasury resulting from the tax 
     imposed by section 5896 for the calendar year preceding the 
     taxable year.
       ``(d) Date Payment Deemed Made.--
       ``(1) In general.--The payment provided by this section 
     shall be deemed made on February 1 of the calendar year 
     ending with or within the taxable year (July 1, in the case 
     of calendar year 2006).
       ``(2) Remittance of payment.--The Secretary shall remit to 
     each taxpayer the payment described in paragraph (1) not 
     later that the date which is 30 days after the date specified 
     in paragraph (1).
       ``(e) Certain Persons Not Eligible.--This section shall not 
     apply to--
       ``(1) any individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for a taxable 
     year beginning in the calendar year in which such 
     individual's taxable year begins,
       ``(2) any estate or trust, or
       ``(3) any nonresident alien individual.''.
       (2) Conforming amendment.--Section 1324(b)(2) of title 31, 
     United States Code, is amended by inserting before the period 
     ``, or from section 6430 of such Code''.
       (3) Clerical amendment.--The table of sections for 
     subchapter B of chapter 65 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 6430. Energy consumer rebate.''.

       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.

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