[House Report 109-359]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-359

======================================================================



 
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR 
           ENDING SEPTEMBER 30, 2006, AND FOR OTHER PURPOSES

                                _______
                                

               December 18, 2005.--Ordered to be printed

                                _______
                                

 Mr. Young of Florida, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 2863]

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

                               DIVISION A

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

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

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air National 
Guard on duty under section 10211, 10305, or 12402 of title 10 
or section 708 of title 32, United States Code, or while 
serving on duty under section 12301(d) of title 10 or section 
502(f) of title 32, United States Code, in connection with 
performing duty specified in section 12310(a) of title 10, 
United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and 
expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military 
Retirement Fund, $2,267,732,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

                     (INCLUDING TRANSFER OF FUNDS)

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army

                     (INCLUDING TRANSFER OF FUNDS)

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

                    Environmental Restoration, Navy

                     (INCLUDING TRANSFER OF FUNDS)

    For the Department of the Navy, $305,275,000, to remain 
available until transferred: Provided, That the Secretary of 
the Navy shall, upon determining that such funds are required 
for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Navy, or for similar purposes, transfer the 
funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to 
be merged with and to be available for the same purposes and 
for the same time period as the appropriations to which 
transferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation 
are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation.

                  Environmental Restoration, Air Force

                     (INCLUDING TRANSFER OF FUNDS)

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

                Environmental Restoration, Defense-Wide

                     (INCLUDING TRANSFER OF FUNDS)

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

         Environmental Restoration, Formerly Used Defense Sites

                     (INCLUDING TRANSFER OF FUNDS)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

              Former Soviet Union Threat Reduction Account

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

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including 
maintenance, rehabilitation, lease, and operation of facilities 
and equipment, $18,993,135,000, to remain available for 
obligation until September 30, 2007: Provided, That funds 
appropriated in this paragraph which are available for the V-22 
may be used to meet unique operational requirements of the 
Special Operations Forces: Provided further, That funds 
appropriated in this paragraph shall be available for the Cobra 
Judy program.

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                Operational Test and Evaluation, Defense

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

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

            Chemical Agents and Munitions Destruction, Army

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

         Drug Interdiction and Counter-Drug Activities, Defense

                     (INCLUDING TRANSFER OF FUNDS)

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

                    Office of the Inspector General

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

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account

                     (INCLUDING TRANSFER OF FUNDS)

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

                               TITLE VIII

                           GENERAL PROVISIONS

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

                          (TRANSFER OF FUNDS)

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

                          (TRANSFER OF FUNDS)

    Sec. 8006. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds: Provided 
further, That transfers may be made between working capital 
funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by 
the Secretary of Defense, with the approval of the Office of 
Management and Budget, except that such transfers may not be 
made unless the Secretary of Defense has notified the Congress 
of the proposed transfer. Except in amounts equal to the 
amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to 
procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.
    Sec. 8007. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 
30 calendar days in session in advance to the congressional 
defense committees.
    Sec. 8008. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in 
any 1 year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a 
contract for advance procurement leading to a multiyear 
contract that employs economic order quantity procurement in 
excess of $20,000,000 in any 1 year, unless the congressional 
defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part 
of any appropriation contained in this Act shall be available 
to initiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to the 
limits of the Government's liability: Provided further, That no 
part of any appropriation contained in this Act shall be 
available to initiate multiyear procurement contracts for any 
systems or component thereof if the value of the multiyear 
contract would exceed $500,000,000 unless specifically provided 
in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to 
the congressional defense committees: Provided further, That 
the execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared to an 
annual procurement: Provided further, That none of the funds 
provided in this Act may be used for a multiyear contract 
executed after the date of the enactment of this Act unless in 
the case of any such contract--
            (1) the Secretary of Defense has submitted to 
        Congress a budget request for full funding of units to 
        be procured through the contract;
            (2) cancellation provisions in the contract do not 
        include consideration of recurring manufacturing costs 
        of the contractor associated with the production of 
        unfunded units to be delivered under the contract;
            (3) the contract provides that payments to the 
        contractor under the contract shall not be made in 
        advance of incurred costs on funded units; and
            (4) the contract does not provide for a price 
        adjustment based on a failure to award a follow-on 
        contract.
    Funds appropriated in title III of this Act may be used for 
a multiyear procurement contract as follows:
            UH-60/MH-60 Helicopters;
            C-17 Globemaster;
            Apache Block II Conversion; and
            Modernized Target Acquisition Designation Sight/
        Pilot Night Vision Sensor (MTADS/PNVS).
    Sec. 8009. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby 
appropriated pursuant to section 401 of title 10, United States 
Code, for humanitarian and civic assistance costs under chapter 
20 of title 10, United States Code. Such funds may also be 
obligated for humanitarian and civic assistance costs 
incidental to authorized operations and pursuant to authority 
granted in section 401 of chapter 20 of title 10, United States 
Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, That 
funds available for operation and maintenance shall be 
available for providing humanitarian and similar assistance by 
using Civic Action Teams in the Trust Territories of the 
Pacific Islands and freely associated states of Micronesia, 
pursuant to the Compact of Free Association as authorized by 
Public Law 99-239: Provided further, That upon a determination 
by the Secretary of the Army that such action is beneficial for 
graduate medical education programs conducted at Army medical 
facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities 
and transportation to such facilities, on a nonreimbursable 
basis, for civilian patients from American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Marshall 
Islands, the Federated States of Micronesia, Palau, and Guam.
    Sec. 8010. (a) During fiscal year 2006, the civilian 
personnel of the Department of Defense may not be managed on 
the basis of any end-strength, and the management of such 
personnel during that fiscal year shall not be subject to any 
constraint or limitation (known as an end-strength) on the 
number of such personnel who may be employed on the last day of 
such fiscal year.
    (b) The fiscal year 2007 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2007 Department of 
Defense budget request shall be prepared and submitted to the 
Congress as if subsections (a) and (b) of this provision were 
effective with regard to fiscal year 2007.
    (c) Nothing in this section shall be construed to apply to 
military (civilian) technicians.
    Sec. 8011. None of the funds appropriated in this or any 
other Act may be used to initiate a new installation overseas 
without 30-day advance notification to the Committees on 
Appropriations.
    Sec. 8012. None of the funds made available by this Act 
shall be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before the Congress.
    Sec. 8013. None of the funds appropriated by this Act shall 
be available for the basic pay and allowances of any member of 
the Army participating as a full-time student and receiving 
benefits paid by the Secretary of Veterans Affairs from the 
Department of Defense Education Benefits Fund when time spent 
as a full-time student is credited toward completion of a 
service commitment: Provided, That this subsection shall not 
apply to those members who have reenlisted with this option 
prior to October 1, 1987: Provided further, That this 
subsection applies only to active components of the Army.
    Sec. 8014. (a) Limitation on Conversion to Contractor 
Performance.--None of the funds appropriated by this Act shall 
be available to convert to contractor performance an activity 
or function of the Department of Defense that, on or after the 
date of the enactment of this Act, is performed by more than 10 
Department of Defense civilian employees unless--
            (1) the conversion is based on the result of a 
        public-private competition that includes a most 
        efficient and cost effective organization plan 
        developed by such activity or function;
            (2) the Competitive Sourcing Official determines 
        that, over all performance periods stated in the 
        solicitation of offers for performance of the activity 
        or function, the cost of performance of the activity or 
        function by a contractor would be less costly to the 
        Department of Defense by an amount that equals or 
        exceeds the lesser of--
                    (A) 10 percent of the most efficient 
                organization's personnel-related costs for 
                performance of that activity or function by 
                Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage 
        for a proposal that would reduce costs for the 
        Department of Defense by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are 
                to be employed in the performance of that 
                activity or function under the contract; or
                    (B) offering to such workers an employer-
                sponsored health benefits plan that requires 
                the employer to contribute less towards the 
                premium or subscription share than the amount 
                that is paid by the Department of Defense for 
                health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.
    (b) Exceptions.--
            (1) The Department of Defense, without regard to 
        subsection (a) of this section or subsections (a), (b), 
        or (c) of section 2461 of title 10, United States Code, 
        and notwithstanding any administrative regulation, 
        requirement, or policy to the contrary shall have full 
        authority to enter into a contract for the performance 
        of any commercial or industrial type function of the 
        Department of Defense that--
                    (A) is included on the procurement list 
                established pursuant to section 2 of the 
                Javits-Wagner-O'Day Act (41 U.S.C. 47);
                    (B) is planned to be converted to 
                performance by a qualified nonprofit agency for 
                the blind or by a qualified nonprofit agency 
                for other severely handicapped individuals in 
                accordance with that Act; or
                    (C) is planned to be converted to 
                performance by a qualified firm under at least 
                51 percent ownership by an Indian tribe, as 
                defined in section 4(e) of the Indian Self-
                Determination and Education Assistance Act (25 
                U.S.C. 450b(e)), or a Native Hawaiian 
                Organization, as defined in section 8(a)(15) of 
                the Small Business Act (15 U.S.C. 637(a)(15)).
            (2) This section shall not apply to depot contracts 
        or contracts for depot maintenance as provided in 
        sections 2469 and 2474 of title 10, United States Code.
    (c) Treatment of Conversion.--The conversion of any 
activity or function of the Department of Defense under the 
authority provided by this section shall be credited toward any 
competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is 
deemed to be awarded under the authority of, and in compliance 
with, subsection (h) of section 2304 of title 10, United States 
Code, for the competition or outsourcing of commercial 
activities.

                          (TRANSFER OF FUNDS)

    Sec. 8015. Funds appropriated in title III of this Act for 
the Department of Defense Pilot Mentor-Protege Program may be 
transferred to any other appropriation contained in this Act 
solely for the purpose of implementing a Mentor-Protege Program 
developmental assistance agreement pursuant to section 831 of 
the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under 
the authority of this provision or any other transfer authority 
contained in this Act.
    Sec. 8016. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its 
departments and agencies) of welded shipboard anchor and 
mooring chain 4 inches in diameter and under unless the anchor 
and mooring chain are manufactured in the United States from 
components which are substantially manufactured in the United 
States: Provided, That for the purpose of this section 
manufactured will include cutting, heat treating, quality 
control, testing of chain and welding (including the forging 
and shot blasting process): Provided further, That for the 
purpose of this section substantially all of the components of 
anchor and mooring chain shall be considered to be produced or 
manufactured in the United States if the aggregate cost of the 
components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That 
when adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis, the 
Secretary of the service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations that such an 
acquisition must be made in order to acquire capability for 
national security purposes.
    Sec. 8017. None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, 
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber 
rifles, or M-1911 pistols.
    Sec. 8018. None of the funds appropriated by this Act 
available for the Civilian Health and Medical Program of the 
Uniformed Services (CHAMPUS) or TRICARE shall be available for 
the reimbursement of any health care provider for inpatient 
mental health service for care received when a patient is 
referred to a provider of inpatient mental health care or 
residential treatment care by a medical or health care 
professional having an economic interest in the facility to 
which the patient is referred: Provided, That this limitation 
does not apply in the case of inpatient mental health services 
provided under the program for persons with disabilities under 
subsection (d) of section 1079 of title 10, United States Code, 
provided as partial hospital care, or provided pursuant to a 
waiver authorized by the Secretary of Defense because of 
medical or psychological circumstances of the patient that are 
confirmed by a health professional who is not a Federal 
employee after a review, pursuant to rules prescribed by the 
Secretary, which takes into account the appropriate level of 
care for the patient, the intensity of services required by the 
patient, and the availability of that care.
    Sec. 8019. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single 
fiscal year for any single relocation of an organization, unit, 
activity or function of the Department of Defense into or 
within the National Capital Region: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the 
best interest of the Government.
    Sec. 8020. In addition to the funds provided elsewhere in 
this Act, $8,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or 
a subcontractor at any tier that makes a subcontract award to 
any subcontractor or supplier as defined in section 1544 of 
title 25, United States Code or a small business owned and 
controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code shall be 
considered a contractor for the purposes of being allowed 
additional compensation under section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime 
contract or subcontract amount is over $500,000 and involves 
the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to 
any fiscal year: Provided further, That notwithstanding section 
430 of title 41, United States Code, this section shall be 
applicable to any Department of Defense acquisition of supplies 
or services, including any contract and any subcontract at any 
tier for acquisition of commercial items produced or 
manufactured, in whole or in part by any subcontractor or 
supplier defined in section 1544 of title 25, United States 
Code or a small business owned and controlled by an individual 
or individuals defined under section 4221(9) of title 25, 
United States Code: Provided further, That, during the current 
fiscal year and hereafter, businesses certified as 8(a) by the 
Small Business Administration pursuant to section 8(a)(15) of 
Public Law 85-536, as amended, shall have the same status as 
other program participants under section 602 of Public Law 100-
656, 102 Stat. 3825 (Business Opportunity Development Reform 
Act of 1988) for purposes of contracting with agencies of the 
Department of Defense.
    Sec. 8021. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the 
provisions of OMB Circular A-76 if the study being performed 
exceeds a period of 24 months after initiation of such study 
with respect to a single function activity or 30 months after 
initiation of such study for a multi-function activity.
    Sec. 8022. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national 
or international political or psychological activities.
    Sec. 8023. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for 
civilian employees hired for certain health care occupations as 
authorized for the Secretary of Veterans Affairs by section 
7455 of title 38, United States Code.
    Sec. 8024. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of 
title 10, United States Code, in anticipation of receipt of 
contributions, only from the Government of Kuwait, under that 
section: Provided, That upon receipt, such contributions from 
the Government of Kuwait shall be credited to the 
appropriations or fund which incurred such obligations.
    Sec. 8025. (a) Of the funds made available in this Act, not 
less than $31,109,000 shall be available for the Civil Air 
Patrol Corporation, of which--
            (1) $24,288,000 shall be available from ``Operation 
        and Maintenance, Air Force'' to support Civil Air 
        Patrol Corporation operation and maintenance, 
        readiness, counterdrug activities, and drug demand 
        reduction activities involving youth programs;
            (2) $6,000,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $821,000 shall be available from ``Other 
        Procurement, Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive 
reimbursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and local 
government agencies.
    Sec. 8026. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense 
(department) federally funded research and development center 
(FFRDC), either as a new entity, or as a separate entity 
administrated by an organization managing another FFRDC, or as 
a nonprofit membership corporation consisting of a consortium 
of other FFRDCs and other non-profit entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or 
any similar entity of a defense FFRDC, and no paid consultant 
to any defense FFRDC, except when acting in a technical 
advisory capacity, may be compensated for his or her services 
as a member of such entity, or as a paid consultant by more 
than one FFRDC in a fiscal year: Provided, That a member of any 
such entity referred to previously in this subsection shall be 
allowed travel expenses and per diem as authorized under the 
Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal 
year 2006 may be used by a defense FFRDC, through a fee or 
other payment mechanism, for construction of new buildings, for 
payment of cost sharing for projects funded by Government 
grants, for absorption of contract overruns, or for certain 
charitable contributions, not to include employee participation 
in community service and/or development.
    (d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2006, not 
more than 5,517 staff years of technical effort (staff years) 
may be funded for defense FFRDCs: Provided, That of the 
specific amount referred to previously in this subsection, not 
more than 1,050 staff years may be funded for the defense 
studies and analysis FFRDCs: Provided further, That this 
subsection shall not apply to staff years funded in the 
National Intelligence Program (NIP).
    (e) The Secretary of Defense shall, with the submission of 
the department's fiscal year 2007 budget request, submit a 
report presenting the specific amounts of staff years of 
technical effort to be allocated for each defense FFRDC during 
that fiscal year.
    (f) Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act for FFRDCs is hereby 
reduced by $46,000,000.
    Sec. 8027. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy or armor 
steel plate for use in any Government-owned facility or 
property under the control of the Department of Defense which 
were not melted and rolled in the United States or Canada: 
Provided, That these procurement restrictions shall apply to 
any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel 
Institute (AISI) specifications of carbon, alloy or armor steel 
plate: Provided further, That the Secretary of the military 
department responsible for the procurement may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes: 
Provided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enactment of 
this Act.
    Sec. 8028. For the purposes of this Act, the term 
``congressional defense committees'' means the Armed Services 
Committee of the House of Representatives, the Armed Services 
Committee of the Senate, the Subcommittee on Defense of the 
Committee on Appropriations of the Senate, and the Subcommittee 
on Defense of the Committee on Appropriations of the House of 
Representatives. In addition, for any matter pertaining to 
basic allowance for housing, facilities sustainment, 
restoration and modernization, environmental restoration and 
the Defense Health Program, ``congressional defense 
committees'' also means the Subcommittee on Military Quality of 
Life and Veterans Affairs, and Related Agencies of the 
Committee on Appropriations of the House of Representatives.
    Sec. 8029. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the 
production of components and other Defense-related articles, 
through competition between Department of Defense depot 
maintenance activities and private firms: Provided, That the 
Senior Acquisition Executive of the military department or 
Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of 
all direct and indirect costs for both public and private bids: 
Provided further, That Office of Management and Budget Circular 
A-76 shall not apply to competitions conducted under this 
section.
    Sec. 8030. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the 
Secretary's blanket waiver of the Buy American Act with respect 
to such types of products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding, 
between the United States and a foreign country pursuant to 
which the Secretary of Defense has prospectively waived the Buy 
American Act for certain products in that country.
    (b) The Secretary of Defense shall submit to the Congress a 
report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2006. Such report shall 
separately indicate the dollar value of items for which the Buy 
American Act was waived pursuant to any agreement described in 
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 
2501 et seq.), or any international agreement to which the 
United States is a party.
    (c) For purposes of this section, the term ``Buy American 
Act'' means title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for 
the fiscal year ending June 30, 1934, and for other purposes'', 
approved March 3, 1933 (41 U.S.C. 10a et seq.).
    Sec. 8031. Appropriations contained in this Act that remain 
available at the end of the current fiscal year, and at the end 
of each fiscal year hereafter, as a result of energy cost 
savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the 
extent, and for the purposes, provided in section 2865 of title 
10, United States Code.
    Sec. 8032. The President shall include with each budget for 
a fiscal year submitted to the Congress under section 1105 of 
title 31, United States Code, and hereafter, materials that 
shall identify clearly and separately the amounts requested in 
the budget for appropriation for that fiscal year for salaries 
and expenses related to administrative activities of the 
Department of Defense, the military departments, and the 
defense agencies.
    Sec. 8033. Notwithstanding any other provision of law, 
funds available during the current fiscal year and hereafter 
for ``Drug Interdiction and Counter-Drug Activities, Defense'' 
may be obligated for the Young Marines program.

                     (INCLUDING TRANSFER OF FUNDS)

    Sec. 8034. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by section 
2921(c)(1) of the National Defense Authorization Act of 1991 
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
until expended for the payments specified by section 2921(c)(2) 
of that Act.
    Sec. 8035. (a) In General.--Notwithstanding any other 
provision of law, the Secretary of the Air Force may convey at 
no cost to the Air Force, without consideration, to Indian 
tribes located in the States of North Dakota, South Dakota, 
Montana, and Minnesota relocatable military housing units 
located at Grand Forks Air Force Base and Minot Air Force Base 
that are excess to the needs of the Air Force.
    (b) Processing of Requests.--The Secretary of the Air Force 
shall convey, at no cost to the Air Force, military housing 
units under subsection (a) in accordance with the request for 
such units that are submitted to the Secretary by the Operation 
Walking Shield Program on behalf of Indian tribes located in 
the States of North Dakota, South Dakota, Montana, and 
Minnesota.
    (c) Resolution of Housing Unit Conflicts.--The Operation 
Walking Shield Program shall resolve any conflicts among 
requests of Indian tribes for housing units under subsection 
(a) before submitting requests to the Secretary of the Air 
Force under subsection (b).
    (d) Indian Tribe Defined.--In this section, the term 
``Indian tribe'' means any recognized Indian tribe included on 
the current list published by the Secretary of the Interior 
under section 104 of the Federally Recognized Indian Tribe Act 
of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8036. During the current fiscal year, appropriations 
which are available to the Department of Defense for operation 
and maintenance may be used to purchase items having an 
investment item unit cost of not more than $250,000.
    Sec. 8037. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an 
investment item for the purpose of acquiring a new inventory 
item for sale or anticipated sale during the current fiscal 
year or a subsequent fiscal year to customers of the Department 
of Defense Working Capital Funds if such an item would not have 
been chargeable to the Department of Defense Business 
Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of Defense 
for procurement.
    (b) The fiscal year 2007 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2007 Department of 
Defense budget shall be prepared and submitted to the Congress 
on the basis that any equipment which was classified as an end 
item and funded in a procurement appropriation contained in 
this Act shall be budgeted for in a proposed fiscal year 2007 
procurement appropriation and not in the supply management 
business area or any other area or category of the Department 
of Defense Working Capital Funds.
    Sec. 8038. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain 
available for obligation beyond the current fiscal year, except 
for funds appropriated for the Reserve for Contingencies, which 
shall remain available until September 30, 2007: Provided, That 
funds appropriated, transferred, or otherwise credited to the 
Central Intelligence Agency Central Services Working Capital 
Fund during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That any 
funds appropriated or transferred to the Central Intelligence 
Agency for advanced research and development acquisition, for 
agent operations, and for covert action programs authorized by 
the President under section 503 of the National Security Act of 
1947, as amended, shall remain available until September 30, 
2007.
    Sec. 8039. Notwithstanding any other provision of law, 
funds made available in this Act for the Defense Intelligence 
Agency may be used for the design, development, and deployment 
of General Defense Intelligence Program intelligence 
communications and intelligence information systems for the 
Services, the Unified and Specified Commands, and the component 
commands.
    Sec. 8040. Of the funds appropriated to the Department of 
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $10,000,000 shall be made available only 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative 
support, the gathering of information, documenting of 
environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of 
Defense activities.
    Sec. 8041. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense 
unless the entity, in expending the funds, complies with the 
Buy American Act. For purposes of this subsection, the term 
``Buy American Act'' means title III of the Act entitled ``An 
Act making appropriations for the Treasury and Post Office 
Departments for the fiscal year ending June 30, 1934, and for 
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
    (b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing a 
``Made in America'' inscription to any product sold in or 
shipped to the United States that is not made in America, the 
Secretary shall determine, in accordance with section 2410f of 
title 10, United States Code, whether the person should be 
debarred from contracting with the Department of Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the 
Congress that any entity of the Department of Defense, in 
expending the appropriation, purchase only American-made 
equipment and products, provided that American-made equipment 
and products are cost-competitive, quality-competitive, and 
available in a timely fashion.
    Sec. 8042. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or 
consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the 
activity responsible for the procurement determines--
            (1) as a result of thorough technical evaluation, 
        only one source is found fully qualified to perform the 
        proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant 
        scientific or technological promise, represents the 
        product of original thinking, and was submitted in 
        confidence by one source; or
            (3) the purpose of the contract is to take 
        advantage of unique and significant industrial 
        accomplishment by a specific concern, or to insure that 
        a new product or idea of a specific concern is given 
        financial support: Provided, That this limitation shall 
        not apply to contracts in an amount of less than 
        $25,000, contracts related to improvements of equipment 
        that is in development or production, or contracts as 
        to which a civilian official of the Department of 
        Defense, who has been confirmed by the Senate, 
        determines that the award of such contract is in the 
        interest of the national defense.
    Sec. 8043. (a) Except as provided in subsection (b) and 
(c), none of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed 
        Forces or civilian employee of the department who is 
        transferred or reassigned from a headquarters activity 
        if the member or employee's place of duty remains at 
        the location of that headquarters.
    (b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), on a 
case-by-case basis, if the Secretary determines, and certifies 
to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver will 
reduce the personnel requirements or the financial requirements 
of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the 
        National Intelligence Program; or
            (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of 
        improvised explosive devices, and, as determined by the 
        Secretary of the Army, other similar threats.
    Sec. 8044. The Secretary of Defense, acting through the 
Office of Economic Adjustment of the Department of Defense, may 
use funds made available in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' to make grants and 
supplement other Federal funds in accordance with the guidance 
provided in the Joint Explanatory Statement of the Committee of 
Conference to accompany the conference report on the bill H.R. 
2863, and the projects specified in such guidance shall be 
considered to be authorized by law.

                             (RESCISSIONS)

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

                          (TRANSFER OF FUNDS)

    Sec. 8054. Appropriations available under the heading 
``Operation and Maintenance, Defense-Wide'' for the current 
fiscal year and hereafter for increasing energy and water 
efficiency in Federal buildings may, during their period of 
availability, be transferred to other appropriations or funds 
of the Department of Defense for projects related to increasing 
energy and water efficiency, to be merged with and to be 
available for the same general purposes, and for the same time 
period, as the appropriation or fund to which transferred.
    Sec. 8055. None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other 
than those produced by a domestic source and of domestic 
origin: Provided, That the Secretary of the military department 
responsible for such procurement may waive this restriction on 
a case-by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate, that adequate domestic supplies are not available to 
meet Department of Defense requirements on a timely basis and 
that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
``commercial items'', as defined by section 4(12) of the Office 
of Federal Procurement Policy Act, except that the restriction 
shall apply to ball or roller bearings purchased as end items.
    Sec. 8056. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security 
purposes that is not available from United States 
manufacturers.
    Sec. 8057. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the 
current fiscal year for construction or service performed in 
whole or in part in a State (as defined in section 381(d) of 
title 10, United States Code) which is not contiguous with 
another State and has an unemployment rate in excess of the 
national average rate of unemployment as determined by the 
Secretary of Labor, shall include a provision requiring the 
contractor to employ, for the purpose of performing that 
portion of the contract in such State that is not contiguous 
with another State, individuals who are residents of such State 
and who, in the case of any craft or trade, possess or would be 
able to acquire promptly the necessary skills: Provided, That 
the Secretary of Defense may waive the requirements of this 
section, on a case-by-case basis, in the interest of national 
security.
    Sec. 8058. None of the funds made available in this or any 
other Act may be used to pay the salary of any officer or 
employee of the Department of Defense who approves or 
implements the transfer of administrative responsibilities or 
budgetary resources of any program, project, or activity 
financed by this Act to the jurisdiction of another Federal 
agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall 
not apply to transfers of funds expressly provided for in 
Defense Appropriations Acts, or provisions of Acts providing 
supplemental appropriations for the Department of Defense.
    Sec. 8059. (a) Limitation on Transfer of Defense Articles 
and Services.--Notwithstanding any other provision of law, none 
of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to 
another nation or an international organization any defense 
articles or services (other than intelligence services) for use 
in the activities described in subsection (b) unless the 
congressional defense committees, the Committee on 
International Relations of the House of Representatives, and 
the Committee on Foreign Relations of the Senate are notified 
15 days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
            (1) any international peacekeeping or peace-
        enforcement operation under the authority of chapter VI 
        or chapter VII of the United Nations Charter under the 
        authority of a United Nations Security Council 
        resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) Required Notice.--A notice under subsection (a) shall 
include the following:
            (1) A description of the equipment, supplies, or 
        services to be transferred.
            (2) A statement of the value of the equipment, 
        supplies, or services to be transferred.
            (3) In the case of a proposed transfer of equipment 
        or supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed 
                Forces (including the reserve components) for 
                the type of equipment or supplies to be 
                transferred have been met; and
                    (B) a statement of whether the items 
                proposed to be transferred will have to be 
                replaced and, if so, how the President proposes 
                to provide funds for such replacement.
    Sec. 8060. None of the funds available to the Department of 
Defense under this Act shall be obligated or expended to pay a 
contractor under a contract with the Department of Defense for 
costs of any amount paid by the contractor to an employee 
when--
            (1) such costs are for a bonus or otherwise in 
        excess of the normal salary paid by the contractor to 
        the employee; and
            (2) such bonus is part of restructuring costs 
        associated with a business combination.

                     (INCLUDING TRANSFER OF FUNDS)

    Sec. 8061. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'' may be 
transferred to appropriations available for the pay of military 
personnel, to be merged with, and to be available for the same 
time period as the appropriations to which transferred, to be 
used in support of such personnel in connection with support 
and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, 
United States Code.
    Sec. 8062. During the current fiscal year, in the case of 
an appropriation account of the Department of Defense for which 
the period of availability for obligation has expired or which 
has closed under the provisions of section 1552 of title 31, 
United States Code, and which has a negative unliquidated or 
unexpended balance, an obligation or an adjustment of an 
obligation may be charged to any current appropriation account 
for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly 
        chargeable (except as to amount) to the expired or 
        closed account before the end of the period of 
        availability or closing of that account;
            (2) the obligation is not otherwise properly 
        chargeable to any current appropriation account of the 
        Department of Defense; and
            (3) in the case of an expired account, the 
        obligation is not chargeable to a current appropriation 
        of the Department of Defense under the provisions of 
        section 1405(b)(8) of the National Defense 
        Authorization Act for Fiscal Year 1991, Public Law 101-
        510, as amended (31 U.S.C. 1551 note): Provided, That 
        in the case of an expired account, if subsequent review 
        or investigation discloses that there was not in fact a 
        negative unliquidated or unexpended balance in the 
        account, any charge to a current account under the 
        authority of this section shall be reversed and 
        recorded against the expired account: Provided further, 
        That the total amount charged to a current 
        appropriation under this section may not exceed an 
        amount equal to 1 percent of the total appropriation 
        for that account.
    Sec. 8063. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. 
The Chief of the National Guard Bureau shall establish the 
amount of reimbursement for such use on a case-by-case basis.
    (b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs 
associated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation.
    Sec. 8064. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States 
Code, may implement cost-effective agreements for required 
heating facility modernization in the Kaiserslautern Military 
Community in the Federal Republic of Germany: Provided, That in 
the City of Kaiserslautern such agreements will include the use 
of United States anthracite as the base load energy for 
municipal district heat to the United States Defense 
installations: Provided further, That at Landstuhl Army 
Regional Medical Center and Ramstein Air Base, furnished heat 
may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United 
States coal as an energy source.
    Sec. 8065. None of the funds appropriated in title IV of 
this Act may be used to procure end-items for delivery to 
military forces for operational training, operational use or 
inventory requirements: Provided, That this restriction does 
not apply to end-items used in development, prototyping, and 
test activities preceding and leading to acceptance for 
operational use: Provided further, That this restriction does 
not apply to programs funded within the National Intelligence 
Program: Provided further, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national 
security interest to do so.
    Sec. 8066. Notwithstanding any other provision of law, 
funds available to the Department of Defense shall be made 
available to provide transportation of medical supplies and 
equipment, on a nonreimbursable basis, to American Samoa, and 
funds available to the Department of Defense shall be made 
available to provide transportation of medical supplies and 
equipment, on a nonreimbursable basis, to the Indian Health 
Service when it is in conjunction with a civil-military 
project.
    Sec. 8067. None of the funds made available in this Act may 
be used to approve or license the sale of the F/A-22 advanced 
tactical fighter to any foreign government.
    Sec. 8068. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each 
limitation on the procurement of defense items from foreign 
sources provided in law if the Secretary determines that the 
application of the limitation with respect to that country 
would invalidate cooperative programs entered into between the 
Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, 
United States Code, and the country does not discriminate 
against the same or similar defense items produced in the 
United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and
            (2) options for the procurement of items that are 
        exercised after such date under contracts that are 
        entered into before such date if the option prices are 
        adjusted for any reason other than the application of a 
        waiver granted under subsection (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, 
and clothing or textile materials as defined by section 11 
(chapters 50-65) of the Harmonized Tariff Schedule and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 
9404.
    Sec. 8069. (a) Prohibition.--None of the funds made 
available by this Act may be used to support any training 
program involving a unit of the security forces of a foreign 
country if the Secretary of Defense has received credible 
information from the Department of State that the unit has 
committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation 
with the Secretary of State, shall ensure that prior to a 
decision to conduct any training program referred to in 
subsection (a), full consideration is given to all credible 
information available to the Department of State relating to 
human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation 
with the Secretary of State, may waive the prohibition in 
subsection (a) if he determines that such waiver is required by 
extraordinary circumstances.
    (d) Report.--Not more than 15 days after the exercise of 
any waiver under subsection (c), the Secretary of Defense shall 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose and 
duration of the training program, the United States forces and 
the foreign security forces involved in the training program, 
and the information relating to human rights violations that 
necessitates the waiver.
    Sec. 8070. None of the funds appropriated or made available 
in this Act to the Department of the Navy shall be used to 
develop, lease or procure the T-AKE class of ships unless the 
main propulsion diesel engines and propulsors are manufactured 
in the United States by a domestically operated entity: 
Provided, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes or 
there exists a significant cost or quality difference.
    Sec. 8071. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing 
repairs or maintenance to military family housing units of the 
Department of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business.
    Sec. 8072. Notwithstanding any other provision of law, 
funds appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any new 
start advanced concept technology demonstration project may 
only be obligated 30 days after a report, including a 
description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, 
has been provided in writing to the congressional defense 
committees: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying to the 
congressional defense committees that it is in the national 
interest to do so.
    Sec. 8073. The Secretary of Defense shall provide a 
classified quarterly report beginning 30 days after enactment 
of this Act, to the House and Senate Appropriations Committees, 
Subcommittees on Defense on certain matters as directed in the 
classified annex accompanying this Act.
    Sec. 8074. During the current fiscal year, refunds 
attributable to the use of the Government travel card, refunds 
attributable to the use of the Government Purchase Card and 
refunds attributable to official Government travel arranged by 
Government Contracted Travel Management Centers may be credited 
to operation and maintenance, and research, development, test 
and evaluation accounts of the Department of Defense which are 
current when the refunds are received.
    Sec. 8075. (a) Registering Financial Management Information 
Technology Systems With DOD Chief Information Officer.--None of 
the funds appropriated in this Act may be used for a mission 
critical or mission essential financial management information 
technology system (including a system funded by the defense 
working capital fund) that is not registered with the Chief 
Information Officer of the Department of Defense. A system 
shall be considered to be registered with that officer upon the 
furnishing to that officer of notice of the system, together 
with such information concerning the system as the Secretary of 
Defense may prescribe. A financial management information 
technology system shall be considered a mission critical or 
mission essential information technology system as defined by 
the Under Secretary of Defense (Comptroller).
    (b) Certifications as to Compliance With Financial 
Management Modernization Plan.--
            (1) During the current fiscal year, a financial 
        management automated information system, a mixed 
        information system supporting financial and non-
        financial systems, or a system improvement of more than 
        $1,000,000 may not receive Milestone A approval, 
        Milestone B approval, or full rate production, or their 
        equivalent, within the Department of Defense until the 
        Under Secretary of Defense (Comptroller) certifies, 
        with respect to that milestone, that the system is 
        being developed and managed in accordance with the 
        Department's Financial Management Modernization Plan. 
        The Under Secretary of Defense (Comptroller) may 
        require additional certifications, as appropriate, with 
        respect to any such system.
            (2) The Chief Information Officer shall provide the 
        congressional defense committees timely notification of 
        certifications under paragraph (1).
    (c) Certifications as to Compliance With Clinger-Cohen 
Act.--
            (1) During the current fiscal year, a major 
        automated information system may not receive Milestone 
        A approval, Milestone B approval, or full rate 
        production approval, or their equivalent, within the 
        Department of Defense until the Chief Information 
        Officer certifies, with respect to that milestone, that 
        the system is being developed in accordance with the 
        Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The 
        Chief Information Officer may require additional 
        certifications, as appropriate, with respect to any 
        such system.
            (2) The Chief Information Officer shall provide the 
        congressional defense committees timely notification of 
        certifications under paragraph (1). Each such 
        notification shall include, at a minimum, the funding 
        baseline and milestone schedule for each system covered 
        by such a certification and confirmation that the 
        following steps have been taken with respect to the 
        system:
                    (A) Business process reengineering.
                    (B) An analysis of alternatives.
                    (C) An economic analysis that includes a 
                calculation of the return on investment.
                    (D) Performance measures.
                    (E) An information assurance strategy 
                consistent with the Department's Global 
                Information Grid.
    (d) Definitions.--For purposes of this section:
            (1) The term ``Chief Information Officer'' means 
        the senior official of the Department of Defense 
        designated by the Secretary of Defense pursuant to 
        section 3506 of title 44, United States Code.
            (2) The term ``information technology system'' has 
        the meaning given the term ``information technology'' 
        in section 5002 of the Clinger-Cohen Act of 1996 (40 
        U.S.C. 1401).
    Sec. 8076. During the current fiscal year, none of the 
funds available to the Department of Defense may be used to 
provide support to another department or agency of the United 
States if such department or agency is more than 90 days in 
arrears in making payment to the Department of Defense for 
goods or services previously provided to such department or 
agency on a reimbursable basis: Provided, That this restriction 
shall not apply if the department is authorized by law to 
provide support to such department or agency on a 
nonreimbursable basis, and is providing the requested support 
pursuant to such authority: Provided further, That the 
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate 
that it is in the national security interest to do so.
    Sec. 8077. Notwithstanding section 12310(b) of title 10, 
United States Code, a Reserve who is a member of the National 
Guard serving on full-time National Guard duty under section 
502(f) of Title 32 may perform duties in support of the ground-
based elements of the National Ballistic Missile Defense 
System.
    Sec. 8078. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of 
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing 
incendiary (API)'', or ``armor-piercing incendiary-tracer (API-
T)'', except to an entity performing demilitarization services 
for the Department of Defense under a contract that requires 
the entity to demonstrate to the satisfaction of the Department 
of Defense that armor piercing projectiles are either: (1) 
rendered incapable of reuse by the demilitarization process; or 
(2) used to manufacture ammunition pursuant to a contract with 
the Department of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of 
Unclassified Military Articles issued by the Department of 
State.
    Sec. 8079. Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or his designee, may waive 
payment of all or part of the consideration that otherwise 
would be required under section 2667 of title 10, United States 
Code, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in 
section 508(d) of title 32, United States Code, or any other 
youth, social, or fraternal non-profit organization as may be 
approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8080. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such 
alcoholic beverages sold by the drink) on a military 
installation located in the United States unless such malt 
beverages and wine are procured within that State, or in the 
case of the District of Columbia, within the District of 
Columbia, in which the military installation is located: 
Provided, That in a case in which the military installation is 
located in more than one State, purchases may be made in any 
State in which the installation is located: Provided further, 
That such local procurement requirements for malt beverages and 
wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other than 
wine and malt beverages, in contiguous States and the District 
of Columbia shall be procured from the most competitive source, 
price and other factors considered.
    Sec. 8081. Funds available to the Department of Defense for 
the Global Positioning System during the current fiscal year 
may be used to fund civil requirements associated with the 
satellite and ground control segments of such system's 
modernization program.

                     (INCLUDING TRANSFER OF FUNDS)

    Sec. 8082. Of the amounts appropriated in this Act under 
the heading, ``Operation and Maintenance, Army'', $147,900,000 
shall remain available until expended: Provided, That 
notwithstanding any other provision of law, the Secretary of 
Defense is authorized to transfer such funds to other 
activities of the Federal Government: Provided further, That 
the Secretary of Defense is authorized to enter into and carry 
out contracts for the acquisition of real property, 
construction, personal services, and operations related to 
projects described in further detail in the Classified Annex 
accompanying the Department of Defense Appropriations Act, 
2006, consistent with the terms and conditions set forth 
therein: Provided further, That contracts entered into under 
the authority of this section may provide for such 
indemnification as the Secretary determines to be necessary: 
Provided further, That projects authorized by this section 
shall comply with applicable Federal, State, and local law to 
the maximum extent consistent with the national security, as 
determined by the Secretary of Defense.
    Sec. 8083. Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the matter 
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-
111; 10 U.S.C. 113 note) shall continue in effect to apply to 
disbursements that are made by the Department of Defense in 
fiscal year 2006.
    Sec. 8084. In addition to amounts provided elsewhere in 
this Act, $2,200,000 is hereby appropriated to the Department 
of Defense, to remain available for obligation until expended: 
Provided, That notwithstanding any other provision of law, 
these funds shall be available only for a grant to the Fisher 
House Foundation, Inc., only for the construction and 
furnishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness or 
hospitalization of an eligible military beneficiary.
    Sec. 8085. (a) The Secretary of Defense, in coordination 
with the Secretary of Health and Human Services, may carry out 
a program to distribute surplus dental and medical equipment of 
the Department of Defense, at no cost to the Department of 
Defense, to Indian Health Service facilities and to federally-
qualified health centers (within the meaning of section 
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
1396d(l)(2)(B))).
    (b) In carrying out this provision, the Secretary of 
Defense shall give the Indian Health Service a property 
disposal priority equal to the priority given to the Department 
of Defense and its twelve special screening programs in 
distribution of surplus dental and medical supplies and 
equipment.
    Sec. 8086. Amounts appropriated in title II of this Act are 
hereby reduced by $265,000,000 to reflect savings attributable 
to efficiencies and management improvements in the funding of 
miscellaneous or other contracts in the military departments, 
as follows:
            (1) From ``Operation and Maintenance, Army'', 
        $26,000,000.
            (2) From ``Operation and Maintenance, Navy'', 
        $85,000,000.
            (3) From ``Operation and Maintenance, Air Force'', 
        $154,000,000.
    Sec. 8087. The total amount appropriated or otherwise made 
available in this Act is hereby reduced by $100,000,000 to 
limit excessive growth in the procurement of advisory and 
assistance services, to be distributed as follows:
    ``Operation and Maintenance, Army'', $25,000,000.
    ``Operation and Maintenance, Navy'', $10,000,000.
    ``Operation and Maintenance, Air Force'', $30,000,000.
    ``Operation and Maintenance, Defense-Wide'', $35,000,000.

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

    Sec. 8089. Of the amounts appropriated in this Act under 
the heading ``Shipbuilding and Conversion, Navy'', $517,523,000 
shall be available until September 30, 2006, to fund prior year 
shipbuilding cost increases: Provided, That upon enactment of 
this Act, the Secretary of the Navy shall transfer such funds 
to the following appropriations in the amounts specified: 
Provided further, That the amounts transferred shall be merged 
with and be available for the same purposes as the 
appropriations to which transferred:
            To:
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 1998/2006'':
                            New SSN, $28,000,000.
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 1999/2006'':
                            LPD-17 Amphibious Transport Dock 
                        Ship Program, $95,000,000;
                            New SSN, $72,000,000.
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 2000/2006'':
                            LPD-17 Amphibious Transport Dock 
                        Ship Program, $94,800,000.
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 2001/2006'':
                            Carrier Replacement Program, 
                        $145,023,000;
                            New SSN, $82,700,000.
    Sec. 8090. The Secretary of the Navy may settle, or 
compromise, and pay any and all admiralty claims under section 
7622 of title 10, United States Code arising out of the 
collision involving the U.S.S. GREENEVILLE and the EHIME MARU, 
in any amount and without regard to the monetary limitations in 
subsections (a) and (b) of that section: Provided, That such 
payments shall be made from funds available to the Department 
of the Navy for operation and maintenance.
    Sec. 8091. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the 
provisions of section 7403(g) of title 38, United States Code 
for occupations listed in section 7403(a)(2) of title 38, 
United States Code as well as the following:
            Pharmacists, Audiologists, and Dental Hygienists.
                    (A) The requirements of section 
                7403(g)(1)(A) of title 38, United States Code 
                shall apply.
                    (B) The limitations of section 
                7403(g)(1)(B) of title 38, United States Code 
                shall not apply.
    Sec. 8092. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for 
intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2006 until the enactment of the Intelligence Authorization 
Act for fiscal year 2006.
    Sec. 8093. None of the funds in this Act may be used to 
initiate a new start program without prior written notification 
to the Office of Secretary of Defense and the congressional 
defense committees.
    Sec. 8094. The amounts appropriated in title II of this Act 
are hereby reduced by $250,000,000 to reflect cash balance and 
rate stabilization adjustments in Department of Defense Working 
Capital Funds, as follows:
            (1) From ``Operation and Maintenance, Army'', 
        $100,000,000.
            (2) From ``Operation and Maintenance, Navy'', 
        $50,000,000.
            (3) From ``Operation and Maintenance, Air Force'', 
        $100,000,000.
    Sec. 8095. (a) In addition to the amounts provided 
elsewhere in this Act, the amount of $5,100,000 is hereby 
appropriated to the Department of Defense for ``Operation and 
Maintenance, Army National Guard''. Such amount shall be made 
available to the Secretary of the Army only to make a grant in 
the amount of $5,100,000 to the entity specified in subsection 
(b) to facilitate access by veterans to opportunities for 
skilled employment in the construction industry.
    (b) The entity referred to in subsection (a) is the Center 
for Military Recruitment, Assessment and Veterans Employment, a 
nonprofit labor-management co-operation committee provided for 
by section 302(c)(9) of the Labor-Management Relations Act, 
1947 (29 U.S.C. 186(c)(9)), for the purposes set forth in 
section 6(b) of the Labor Management Cooperation Act of 1978 
(29 U.S.C. 175a note).
    Sec. 8096. Financing and Fielding of Key Army 
Capabilities.--The Department of Defense and the Department of 
the Army shall make future budgetary and programming plans to 
fully finance the Non-Line of Sight Future Force cannon and 
resupply vehicle program (NLOS-C) in order to field this system 
in fiscal year 2010, consistent with the broader plan to field 
the Future Combat System (FCS) in fiscal year 2010: Provided, 
That if the Army is precluded from fielding the FCS program by 
fiscal year 2010, then the Army shall develop the NLOS-C 
independent of the broader FCS development timeline to achieve 
fielding by fiscal year 2010. In addition the Army will deliver 
eight (8) combat operational pre-production NLOS-C systems by 
the end of calendar year 2008. These systems shall be in 
addition to those systems necessary for developmental and 
operational testing: Provided further, That the Army shall 
ensure that budgetary and programmatic plans will provide for 
no fewer than seven (7) Stryker Brigade Combat Teams.
    Sec. 8097. Up to $2,125,000 of the funds appropriated under 
the heading ``Operation and Maintenance, Navy'' in this Act for 
the Pacific Missile Range Facility may be made available to 
contract for the repair, maintenance, and operation of adjacent 
off-base water, drainage, and flood control systems, electrical 
upgrade to support additional missions critical to base 
operations, and support for a range footprint expansion to 
further guard against encroachment.
    Sec. 8098. In addition to the amounts appropriated or 
otherwise made available elsewhere in this Act, $33,350,000 is 
hereby appropriated to the Department of Defense, to remain 
available until September 30, 2006: Provided, That the 
Secretary of Defense shall make grants in the amounts specified 
as follows: $3,850,000 to the Intrepid Sea-Air-Space 
Foundation; $1,000,000 to the Pentagon Memorial Fund, Inc.; 
$4,400,000 to the Center for Applied Science and Technologies 
at Jordan Valley Innovation Center; $1,000,000 to the Vietnam 
Veterans Memorial Fund for the Teach Vietnam initiative; 
$500,000 to the Westchester County World Trade Center Memorial; 
$1,000,000 to the Women in Military Service for America 
Memorial Foundation; $2,000,000 to The Presidio Trust; $500,000 
to George Mason University for the Clinic for Legal Assistance 
to Servicemembers; $850,000 to the Fort Des Moines Memorial 
Park and Education Center; $1,000,000 to the American Civil War 
Center at Historic Tredegar; $1,500,000 to the Museum of 
Flight, American Heroes Collection; $1,000,000 to the National 
Guard Youth Foundation; $2,550,000 to the United Services 
Organization; $1,700,000 to the Dwight D. Eisenhower Memorial 
Commission; $1,000,000 to the Iraq Cultural Heritage Assistance 
Project; $1,350,000 to the Pacific Aviation Museum-Pearl 
Harbor; $1,500,000 to the Red Cross Consolidated Blood Services 
Facility; $150,000 to the Telluride Adaptive Sports Program; 
$4,000,000 to T.H.A.N.K.S USA; $1,500,000 to the Battleship 
Texas Foundation to Restore and Preserve the Battleship Texas; 
and $1,000,000 to the Pennsylvania Veterans Museum Media 
Armory.
    Sec. 8099. Notwithstanding section 2583(a) of title 10, 
United States Code, but subject to the limitations of section 
2583(e) of title 10, United States Code, during the current 
fiscal year the Secretary of the military department concerned 
may make a military working dog available for adoption by its 
former handler.
    Sec. 8100. The budget of the President for fiscal year 2007 
submitted to the Congress pursuant to section 1105 of title 31, 
United States Code shall include separate budget justification 
documents for costs of United States Armed Forces' 
participation in contingency operations for the Military 
Personnel accounts, the Operation and Maintenance accounts, and 
the Procurement accounts: Provided, That these documents shall 
include a description of the funding requested for each 
contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations 
account: Provided further, That these documents shall include 
estimated costs for each element of expense or object class, a 
reconciliation of increases and decreases for each contingency 
operation, and programmatic data including, but not limited to, 
troop strength for each Active and Reserve component, and 
estimates of the major weapons systems deployed in support of 
each contingency: Provided further, That these documents shall 
include budget exhibits OP-5 and OP-32 (as defined in the 
Department of Defense Financial Management Regulation) for all 
contingency operations for the budget year and the two 
preceding fiscal years.
    Sec. 8101. None of the funds in this Act may be used for 
research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile defense 
system.
    Sec. 8102. Of the amounts provided in title II of this Act 
under the heading, ``Operation and Maintenance, Defense-Wide'', 
$20,000,000 is available for the Regional Defense Counter-
terrorism Fellowship Program, to fund the education and 
training of foreign military officers, ministry of defense 
civilians, and other foreign security officials, to include 
United States military officers and civilian officials whose 
participation directly contributes to the education and 
training of these foreign students.
    Sec. 8103. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the 
operation of the 53rd Weather Reconnaissance Squadron of the 
Air Force Reserve, if such action would reduce the WC-130 
Weather Reconnaissance mission below the levels funded in this 
Act: Provided, That the Air Force shall allow the 53rd Weather 
Reconnaissance Squadron to perform other missions in support of 
national defense requirements during the non-hurricane season.
    Sec. 8104. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information 
unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intelligence 
activities: Provided, That information pertaining to United 
States persons shall only be handled in accordance with 
protections provided in the Fourth Amendment of the United 
States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8105. (a) From within amounts made available in title 
II of this Act, under the heading ``Operation and Maintenance, 
Army'', and notwithstanding any other provision of law, up to 
$7,000,000 shall be available only for repairs and safety 
improvements to the segment of Fort Irwin Road which extends 
from Interstate 15 northeast toward the boundary of Fort Irwin, 
California and the originating intersection of Irwin Road: 
Provided, That these funds shall remain available until 
expended: Provided further, That the authorized scope of work 
includes, but is not limited to, environmental documentation 
and mitigation, engineering and design, improving safety, 
resurfacing, widening lanes, enhancing shoulders, and replacing 
signs and pavement markings: Provided further, That these funds 
may be used for advances to the Federal Highway Administration, 
Department of Transportation, for the authorized scope of work.
    (b) From within amounts made available in title II of this 
Act under the heading ``Operation and Maintenance, Marine 
Corps'', the Secretary of the Navy shall make a grant in the 
amount of $4,800,000, notwithstanding any other provision of 
law, to the City of Twentynine Palms, California, for the 
widening of off-base Adobe Road, which is used by members of 
the Marine Corps stationed at the Marine Corps Air Ground Task 
Force Training Center, Twentynine Palms, California, and their 
dependents, and for construction of pedestrian and bike lanes 
for the road, to provide for the safety of the Marines 
stationed at the installation.
    Sec. 8106. None of the funds available to the Department of 
Defense may be obligated to modify command and control 
relationships to give Fleet Forces Command administrative and 
operational control of U.S. Navy forces assigned to the Pacific 
fleet: Provided, That the command and control relationships 
which existed on October 1, 2004, shall remain in force unless 
changes are specifically authorized in a subsequent Act.
    Sec. 8107. (a) At the time members of reserve components of 
the Armed Forces are called or ordered to active duty under 
section 12302(a) of title 10, United States Code, each member 
shall be notified in writing of the expected period during 
which the member will be mobilized.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines 
that it is necessary to do so to respond to a national security 
emergency or to meet dire operational requirements of the Armed 
Forces.

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

    Sec. 8112. (a) Three-Year Extension.--During the current 
fiscal year and each of fiscal years 2007 and 2008, the 
Secretary of Defense may transfer not more than $20,000,000 of 
unobligated balances remaining in the expiring RDT&E, Army, 
appropriation account to a current Research, Development, Test 
and Evaluation, Army, appropriation account to be used only for 
the continuation of the Army Venture Capital Fund 
demonstration.
    (b) Expiring RDT&E, Army, Account.--For purposes of this 
section, for any fiscal year, the expiring RDT&E, Army, account 
is the Research, Development, Test and Evaluation, Army, 
appropriation account that is then in its last fiscal year of 
availability for obligation before the account closes under 
section 1552 of title 31, United States Code.
    (c) Army Venture Capital Fund Demonstration.--For purposes 
of this section, the Army Venture Capital Fund demonstration is 
the program for which funds were initially provided in section 
8150 of the Department of Defense Appropriations Act, 2002 
(division A of Public Law 107-117; 115 Stat. 2281), as extended 
and revised in section 8105 of Department of Defense 
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1562).
    (d) Administrative Provisions.--The provisos in section 
8105 of the Department of Defense Appropriations Act, 2003 
(Public Law 107-248; 116 Stat. 1562), shall apply with respect 
to amounts transferred under this section in the same manner as 
to amounts transferred under that section.
    Sec. 8113. Of the funds made available in this Act, not 
less than $76,100,000 shall be available to maintain an 
attrition reserve force of 18 B-52 aircraft, of which 
$3,900,000 shall be available from ``Military Personnel, Air 
Force'', $44,300,000 shall be available from ``Operation and 
Maintenance, Air Force'', and $27,900,000 shall be available 
from ``Aircraft Procurement, Air Force'': Provided, That the 
Secretary of the Air Force shall maintain a total force of 94 
B-52 aircraft, including 18 attrition reserve aircraft, during 
fiscal year 2006: Provided further, That the Secretary of 
Defense shall include in the Air Force budget request for 
fiscal year 2007 amounts sufficient to maintain a B-52 force 
totaling 94 aircraft.
    Sec. 8114. The Secretary of the Air Force is authorized, 
using funds available under the heading ``Operation and 
Maintenance, Air Force'', to complete a phased repair project, 
which repairs may include upgrades and additions, to the 
infrastructure of the operational ranges managed by the Air 
Force in Alaska: Provided, That the total cost of such phased 
projects shall not exceed $32,000,000.
    Sec. 8115. For purposes of section 612 of title 41, United 
States Code, any subdivision of appropriations made under the 
heading ``Shipbuilding and Conversion, Navy'' that is not 
closed at the time reimbursement is made shall be available to 
reimburse the Judgment Fund and shall be considered for the 
same purposes as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.

                          (TRANSFER OF FUNDS)

    Sec. 8116. Upon enactment of this Act, the Secretary of 
Defense shall make the following transfer of funds: Provided, 
That funds so transferred shall be merged with and shall be 
available for the same purpose and for the same time period as 
the appropriation to which transferred: Provided further, That 
the amounts shall be transferred between the following 
appropriations in the amounts specified:
            From:
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 2003/2007'':
                            For outfitting, post delivery, 
                        conversions, and first destination 
                        transportation, $3,300,000;
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 2004/2008'':
                            For outfitting, post delivery, 
                        conversions, and first destination 
                        transportation, $6,100,000;
            To:
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 2003/2007'':
                            SSGN, $3,300,000;
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 2004/2008'':
                            SSGN, $6,100,000.
    Sec. 8117. (a) Findings.--The Senate makes the following 
findings:
            (1) The Department of Defense Appropriations Act, 
        2004 (Public Law 108-87), the Department of Defense 
        Appropriations Act, 2005 (Public Law 108-287), and the 
        Emergency Supplemental Appropriations Act for Defense, 
        the Global War on Terror, and Tsunami Relief, 2005 
        (Public Law 109-13) each contain a sense of the Senate 
        provision urging the President to provide in the annual 
        budget requests of the President for a fiscal year 
        under section 1105(a) of title 31, United States Code, 
        an estimate of the cost of ongoing military operations 
        in Iraq and Afghanistan in such fiscal year.
            (2) The budget for fiscal year 2006 submitted to 
        Congress by the President on February 7, 2005, requests 
        no funds for fiscal year 2006 for ongoing military 
        operations in Iraq or Afghanistan.
            (3) According to the Congressional Research 
        Service, there exists historical precedent for 
        including the cost of ongoing military operations in 
        the annual budget requests of the President following 
        initial funding for such operations by emergency or 
        supplemental appropriations Acts, including--
                    (A) funds for Operation Noble Eagle, 
                beginning in the budget request of President 
                George W. Bush for fiscal year 2005;
                    (B) funds for operations in Kosovo, 
                beginning in the budget request of President 
                George W. Bush for fiscal year 2001;
                    (C) funds for operations in Bosnia, 
                beginning in the budget request of President 
                Clinton for fiscal year 1997;
                    (D) funds for operations in Southwest Asia, 
                beginning in the budget request of President 
                Clinton for fiscal year 1997;
                    (E) funds for operations in Vietnam, 
                beginning in the budget request of President 
                Johnson for fiscal year 1966; and
                    (F) funds for World War II, beginning in 
                the budget request of President Roosevelt for 
                fiscal year 1943.
            (4) In section 1024(b) of the Emergency 
        Supplemental Appropriations Act for Defense, the Global 
        War on Terror, and Tsunami Relief, 2005 (119 Stat. 
        252), the Senate requested that the President submit to 
        Congress, not later than September 1, 2005, an 
        amendment to the budget of the President for fiscal 
        year 2006 setting forth detailed cost estimates for 
        ongoing military operations overseas during such fiscal 
        year.
            (5) The President has yet to submit such an 
        amendment.
            (6) In February 2005, the Congressional Budget 
        Office estimated that fiscal year 2006 cost of ongoing 
        military operations in Iraq and Afghanistan could total 
        $85,000,000,000.
    (b) Sense of the Senate.--It is the sense of the Senate 
that--
            (1) any request for funds for a fiscal year after 
        fiscal year 2006 for an ongoing military operation 
        overseas, including operations in Afghanistan and Iraq, 
        should be included in the annual budget of the 
        President for such fiscal year as submitted to Congress 
        under section 1105(a) of title 31, United States Code;
            (2) the President should submit a budget request 
        for fiscal year 2006 setting forth estimates for 
        ongoing military operations overseas during such fiscal 
        year; and
            (3) any funds provided for a fiscal year for 
        ongoing military operations overseas should be provided 
        in appropriations Acts for such fiscal year through 
        appropriations to specific accounts set forth in such 
        appropriations Acts.
    Sec. 8118. Section 351(a)(3) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375; 118 Stat. 1858) is amended by striking ``July 31, 
2004'' and inserting ``April 1, 2006''.
    Sec. 8119. (a) None of the funds appropriated by this Act 
may be used to transfer research and development, acquisition, 
or other program authority relating to current tactical 
unmanned aerial vehicles (TUAVs) from the Army.
    (b) The Army shall retain responsibility for and 
operational control of the Extended Range Multi-Purpose (ERMP) 
Unmanned Aerial Vehicle (UAV) in order to support the Secretary 
of Defense in matters relating to the employment of unmanned 
aerial vehicles.
    Sec. 8120. (a) Report.--Not later than February 15, 2006, 
the Secretary of Defense shall submit to the congressional 
defense committees a report on the status of the review of, and 
actions taken to implement, the recommendations of the 
Comptroller General of the United States in the report of the 
Comptroller General entitled ``Military and Veterans Benefits: 
Enhanced Services Could Improve Transition Assistance for 
Reserves and National Guard'' (GAO 05-544).
    (b) Particular Information.--If the Secretary has 
determined in the course of the review described in subsection 
(a) not to implement any recommendation of the Comptroller 
General described in that subsection, the report under that 
subsection shall include a justification of such determination.
    Sec. 8121. (a) The Secretary of the Navy may, subject to 
the terms and conditions of the Secretary, donate the World War 
II-era marine railway located at the United States Naval 
Academy, Annapolis, Maryland, to the Richardson Maritime 
Heritage Center, Cambridge, Maryland.
    (b) The marine railway donated under subsection (a) may not 
be used for commercial purposes.
    Sec. 8122. The Secretary of Defense may present promotional 
materials, including a United States flag, to any member of an 
Active or Reserve component under the Secretary's jurisdiction 
who, as determined by the Secretary, participates in Operation 
Enduring Freedom or Operation Iraqi Freedom, along with other 
recognition items in conjunction with any week-long national 
observation and day of national celebration, if established by 
Presidential proclamation, for any such members returning from 
such operations.
    Sec. 8123. Section 8013 of the Department of Defense 
Appropriations Act, 1994 (Public Law 103-139; 107 Stat. 1440) 
is amended by striking ``the report to the President from the 
Defense Base Closure and Realignment Commission, July 1991'' 
and inserting ``the reports to the President from the Defense 
Base Closure and Realignment Commission, July 1991 and July 
1993''.
    Sec. 8124. (a) Increase in Rate of Basic Pay.--
            (1) Increase.--Footnote 2 to the table on Enlisted 
        Members in section 601(b) of the National Defense 
        Authorization Act for Fiscal Year 2004 (Public Law 108-
        136; 37 U.S.C. 1009 note) is amended by striking ``or 
        Master Chief Petty Officer of the Coast Guard'' and 
        inserting ``Master Chief Petty Officer of the Coast 
        Guard, or Senior Enlisted Advisor to the Chairman of 
        the Joint Chiefs of Staff''.
            (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect on September 1, 2005, 
        and shall apply with respect to months beginning on or 
        after that date.
    (b) Personal Money Allowance.--Section 414(c) of title 37, 
United States Code, is amended by striking ``or the Master 
Chief Petty Officer of the Coast Guard'' and inserting ``the 
Master Chief Petty Officer of the Coast Guard, or the Senior 
Enlisted Advisor to the Chairman of the Joint Chiefs of 
Staff''.
    Sec. 8125. Notwithstanding any other provision of this Act, 
to reflect savings from revised economic assumptions the total 
amount appropriated in title II of this Act is hereby reduced 
by $195,260,000, the total amount appropriated in title III of 
this Act is hereby reduced by $263,875,000, and the total 
amount appropriated in title IV of this Act is hereby reduced 
by $312,165,000: Provided, That the Secretary of Defense shall 
allocate this reduction proportionally to each budget activity, 
activity group, subactivity group, and each program, project, 
and activity, within each appropriation account.
    Sec. 8126. Support for Youth Organizations. (a) Short 
Title.--This Act may be cited as the ``Support Our Scouts Act 
of 2005''.
    (b) Support for Youth Organizations.--
            (1) Definitions.--In this subsection--
                    (A) the term ``Federal agency'' means each 
                department, agency, instrumentality, or other 
                entity of the United States Government; and
                    (B) the term ``youth organization''--
                            (i) means any organization that is 
                        designated by the President as an 
                        organization that is primarily intended 
                        to--
                                    (I) serve individuals under 
                                the age of 21 years;
                                    (II) provide training in 
                                citizenship, leadership, 
                                physical fitness, service to 
                                community, and teamwork; and
                                    (III) promote the 
                                development of character and 
                                ethical and moral values; and
                            (ii) shall include--
                                    (I) the Boy Scouts of 
                                America;
                                    (II) the Girl Scouts of the 
                                United States of America;
                                    (III) the Boys Clubs of 
                                America;
                                    (IV) the Girls Clubs of 
                                America;
                                    (V) the Young Men's 
                                Christian Association;
                                    (VI) the Young Women's 
                                Christian Association;
                                    (VII) the Civil Air Patrol;
                                    (VIII) the United States 
                                Olympic Committee;
                                    (IX) the Special Olympics;
                                    (X) Campfire USA;
                                    (XI) the Young Marines;
                                    (XII) the Naval Sea Cadets 
                                Corps;
                                    (XIII) 4-H Clubs;
                                    (XIV) the Police Athletic 
                                League;
                                    (XV) Big Brothers--Big 
                                Sisters of America; and
                                    (XVI) National Guard Youth 
                                Challenge.
            (2) In general.--
                    (A) Support for youth organizations.--
                            (i) Support.--No Federal law 
                        (including any rule, regulation, 
                        directive, instruction, or order) shall 
                        be construed to limit any Federal 
                        agency from providing any form of 
                        support for a youth organization 
                        (including the Boy Scouts of America or 
                        any group officially affiliated with 
                        the Boy Scouts of America) that would 
                        result in that Federal agency providing 
                        less support to that youth organization 
                        (or any similar organization chartered 
                        under the chapter of title 36, United 
                        States Code, relating to that youth 
                        organization) than was provided during 
                        the preceding fiscal year. This clause 
                        shall be subject to the availability of 
                        appropriations.
                            (ii) Youth organizations that cease 
                        to exist.--Clause (i) shall not apply 
                        to any youth organization that ceases 
                        to exist.
                            (iii) Waivers.--The head of a 
                        Federal agency may waive the 
                        application of clause (i) to any youth 
                        organization with respect to each 
                        conviction or investigation described 
                        under subclause (I) or (II) for a 
                        period of not more than 2 fiscal years 
                        if--
                                    (I) any senior officer 
                                (including any member of the 
                                board of directors) of the 
                                youth organization is convicted 
                                of a criminal offense relating 
                                to the official duties of that 
                                officer or the youth 
                                organization is convicted of a 
                                criminal offense; or
                                    (II) the youth organization 
                                is the subject of a criminal 
                                investigation relating to 
                                fraudulent use or waste of 
                                Federal funds.
                    (B) Types of support.--Support described 
                under this paragraph shall include--
                            (i) holding meetings, camping 
                        events, or other activities on Federal 
                        property;
                            (ii) hosting any official event of 
                        such organization;
                            (iii) loaning equipment; and
                            (iv) providing personnel services 
                        and logistical support.
    (c) Support for Scout Jamborees.--
            (1) Findings.--Congress makes the following 
        findings:
                    (A) Section 8 of article I of the 
                Constitution of the United States commits 
                exclusively to Congress the powers to raise and 
                support armies, provide and maintain a Navy, 
                and make rules for the government and 
                regulation of the land and naval forces.
                    (B) Under those powers conferred by section 
                8 of article I of the Constitution of the 
                United States to provide, support, and maintain 
                the Armed Forces, it lies within the discretion 
                of Congress to provide opportunities to train 
                the Armed Forces.
                    (C) The primary purpose of the Armed Forces 
                is to defend our national security and prepare 
                for combat should the need arise.
                    (D) One of the most critical elements in 
                defending the Nation and preparing for combat 
                is training in conditions that simulate the 
                preparation, logistics, and leadership required 
                for defense and combat.
                    (E) Support for youth organization events 
                simulates the preparation, logistics, and 
                leadership required for defending our national 
                security and preparing for combat.
                    (F) For example, Boy Scouts of America's 
                National Scout Jamboree is a unique training 
                event for the Armed Forces, as it requires the 
                construction, maintenance, and disassembly of a 
                ``tent city'' capable of supporting tens of 
                thousands of people for a week or longer. 
                Camporees at the United States Military Academy 
                for Girl Scouts and Boy Scouts provide similar 
                training opportunities on a smaller scale.
            (2) Support.--Section 2554 of title 10, United 
        States Code, is amended by adding at the end the 
        following:
    ``(i)(1) The Secretary of Defense shall provide at least 
the same level of support under this section for a national or 
world Boy Scout Jamboree as was provided under this section for 
the preceding national or world Boy Scout Jamboree.
    ``(2) The Secretary of Defense may waive paragraph (1), if 
the Secretary--
            ``(A) determines that providing the support subject 
        to paragraph (1) would be detrimental to the national 
        security of the United States; and
            ``(B) reports such a determination to the Congress 
        in a timely manner, and before such support is not 
        provided.''.
    (d) Equal Access for Youth Organizations.--Section 109 of 
the Housing and Community Development Act of 1974 (42 U.S.C. 
5309) is amended--
            (1) in the first sentence of subsection (b) by 
        inserting ``or (e)'' after ``subsection (a)''; and
            (2) by adding at the end the following:
    ``(e) Equal Access.--
            ``(1) Definition.--In this subsection, the term 
        `youth organization' means any organization described 
        under part B of subtitle II of title 36, United States 
        Code, that is intended to serve individuals under the 
        age of 21 years.
            ``(2) In general.--No State or unit of general 
        local government that has a designated open forum, 
        limited public forum, or nonpublic forum and that is a 
        recipient of assistance under this chapter shall deny 
        equal access or a fair opportunity to meet to, or 
        discriminate against, any youth organization, including 
        the Boy Scouts of America or any group officially 
        affiliated with the Boy Scouts of America, that wishes 
        to conduct a meeting or otherwise participate in that 
        designated open forum, limited public forum, or 
        nonpublic forum.''.
    Sec. 8127. Regulations To Clarify Gift Acceptance Policy 
for Service Members and Their Families. (a) Regulations.--The 
Secretary of Defense shall prescribe regulations to provide 
that, subject to such limitations as may be specified in such 
regulations, members of the Armed Forces described in 
subsection (c), and the family members of such a member, may 
accept gifts from non-profit organizations, private parties, 
and other sources outside the Department of Defense, other than 
foreign governments and their agents. Such regulations shall 
apply uniformly to the Army, Navy, Air Force, and Marine Corps, 
and, to the maximum extent feasible, to the Coast Guard, and 
shall apply uniformly to the active and reserve components.
      (b) Authority.--A member of the Armed Forces described in 
subsection (c) may accept gifts as provided in the regulations 
authorized in subsection (a), notwithstanding section 7353 or 
title 5, United States Code.
      (c) Covered Members.--A member of the Armed Forces is 
described in this subsection in the case of a member who is on 
active duty and who on or after September 11, 2001, and while 
on active duty, incurred an injury or illness--
            (1) as described in section 1413a(e)(2) of title 
        10, United States Code; or
            (2) in an operation or area designated as a combat 
        operation or a combat zone, respectively, by the 
        Secretary of Defense in accordance with the regulations 
        prescribed under subsection (a).
      (d) Deadline for Regulations.--Regulations under 
subsection (a) shall be prescribed not later than 90 days after 
the date of the enactment of this Act.
      (e) Retroactive Applicability of Regulations.--
Regulations under subsection (a) shall, to the extent provided 
in such regulations, also apply to the acceptance of gifts 
during the period beginning on September 11, 2001, and ending 
on the date on which such regulations go into effect.
      Sec. 8128. Section 106(g) of the Alaska Natural Gas 
Pipeline Act (15 U.S.C. 720d) is amended by striking ``later'' 
and inserting ``earlier''.
      Sec. 8129. The present incumbent Attending Physician at 
the U.S. Capitol shall be continued on active duty until ten 
years after the enactment of this Act.

                                TITLE IX

                       ADDITIONAL APPROPRIATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

                           Iraq Freedom Fund

                     (INCLUDING TRANSFER OF FUNDS)

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

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

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

                           GENERAL PROVISIONS

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

                          (TRANSFER OF FUNDS)

    Sec. 9003. Upon his determination that such action is 
necessary in the national interest, the Secretary of Defense 
may transfer between appropriations up to $2,500,000,000 of the 
funds made available to the Department of Defense in this 
title: Provided, That the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority in 
this section: Provided further, That the authority provided in 
this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the 
same terms and conditions as the authority provided in section 
8005 of this Act.
    Sec. 9004. Funds appropriated in this title, or made 
available by the transfer of funds in or pursuant to this 
title, for intelligence activities are deemed to be 
specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414).
    Sec. 9005. None of the funds provided in this title may be 
used to finance programs or activities denied by Congress in 
fiscal years 2005 or 2006 appropriations to the Department of 
Defense or to initiate a procurement or research, development, 
test and evaluation new start program without prior written 
notification to the congressional defense committees.
    Sec. 9006. Notwithstanding any other provision of law, of 
the funds made available in this title to the Department of 
Defense for operation and maintenance, not to exceed 
$500,000,000 may be used by the Secretary of Defense, with the 
concurrence of the Secretary of State, to train, equip and 
provide related assistance only to military or security forces 
of Iraq and Afghanistan to enhance their capability to combat 
terrorism and to support United States military operations in 
Iraq and Afghanistan: Provided, That such assistance may 
include the provision of equipment, supplies, services, 
training, and funding: Provided further, That the authority to 
provide assistance under this section is in addition to any 
other authority to provide assistance to foreign nations: 
Provided further, That the Secretary of Defense shall notify 
the congressional defense committees, the Committee on 
International Relations of the House of Representatives, and 
the Committee on Foreign Relations of the Senate not less than 
15 days before providing assistance under the authority of this 
section.
    Sec. 9007. (a) From funds made available in this title to 
the Department of Defense, not to exceed $500,000,000 may be 
used, notwithstanding any other provision of law, to fund the 
Commander's Emergency Response Program, for the purpose of 
enabling military commanders in Iraq to respond to urgent 
humanitarian relief and reconstruction requirements within 
their areas of responsibility by carrying out programs that 
will immediately assist the Iraqi people, and to fund a similar 
program to assist the people of Afghanistan.
    (b) Quarterly Reports.--Not later than 15 days after the 
end of each fiscal year quarter (beginning with the first 
quarter of fiscal year 2006), the Secretary of Defense shall 
submit to the congressional defense committees a report 
regarding the source of funds and the allocation and use of 
funds during that quarter that were made available pursuant to 
the authority provided in this section or under any other 
provision of law for the purposes of the programs under 
subsection (a).
    Sec. 9008. Amounts provided in this title for operations in 
Iraq and Afghanistan may be used by the Department of Defense 
for the purchase of up to 20 heavy and light armored vehicles 
for force protection purposes, notwithstanding price or other 
limitations specified elsewhere in this Act, or any other 
provision of law: Provided, That the Secretary of Defense shall 
submit a report in writing no later than 30 days after the end 
of each fiscal quarter notifying the congressional defense 
committees of any purchase described in this section, including 
the cost, purposes, and quantities of vehicles purchased.
    Sec. 9009. During the current fiscal year, funds available 
to the Department of Defense for operation and maintenance may 
be used, notwithstanding any other provision of law, to provide 
supplies, services, transportation, including airlift and 
sealift, and other logistical support to coalition forces 
supporting military and stability operations in Iraq and 
Afghanistan: Provided, That the Secretary of Defense shall 
provide quarterly reports to the congressional defense 
committees regarding support provided under this section.
    Sec. 9010. (a) Not later than 60 days after the date of the 
enactment of this Act and every 90 days thereafter through the 
end of fiscal year 2006, the Secretary of Defense shall set 
forth in a report to Congress a comprehensive set of 
performance indicators and measures for progress toward 
military and political stability in Iraq.
    (b) The report shall include performance standards and 
goals for security, economic, and security force training 
objectives in Iraq together with a notional timetable for 
achieving these goals.
    (c) In specific, the report requires, at a minimum, the 
following:
            (1) With respect to stability and security in Iraq, 
        the following:
                    (A) Key measures of political stability, 
                including the important political milestones 
                that must be achieved over the next several 
                years.
                    (B) The primary indicators of a stable 
                security environment in Iraq, such as number of 
                engagements per day, numbers of trained Iraqi 
                forces, and trends relating to numbers and 
                types of ethnic and religious-based hostile 
                encounters.
                    (C) An assessment of the estimated strength 
                of the insurgency in Iraq and the extent to 
                which it is composed of non-Iraqi fighters.
                    (D) A description of all militias operating 
                in Iraq, including the number, size, equipment 
                strength, military effectiveness, sources of 
                support, legal status, and efforts to disarm or 
                reintegrate each militia.
                    (E) Key indicators of economic activity 
                that should be considered the most important 
                for determining the prospects of stability in 
                Iraq, including--
                            (i) unemployment levels;
                            (ii) electricity, water, and oil 
                        production rates; and
                            (iii) hunger and poverty levels.
                    (F) The criteria the Administration will 
                use to determine when it is safe to begin 
                withdrawing United States forces from Iraq.
            (2) With respect to the training and performance of 
        security forces in Iraq, the following:
                    (A) The training provided Iraqi military 
                and other Ministry of Defense forces and the 
                equipment used by such forces.
                    (B) Key criteria for assessing the 
                capabilities and readiness of the Iraqi 
                military and other Ministry of Defense forces, 
                goals for achieving certain capability and 
                readiness levels (as well as for recruiting, 
                training, and equipping these forces), and the 
                milestones and notional timetable for achieving 
                these goals.
                    (C) The operational readiness status of the 
                Iraqi military forces, including the type, 
                number, size, and organizational structure of 
                Iraqi battalions that are--
                            (i) capable of conducting 
                        counterinsurgency operations 
                        independently;
                            (ii) capable of conducting 
                        counterinsurgency operations with the 
                        support of United States or coalition 
                        forces; or
                            (iii) not ready to conduct 
                        counterinsurgency operations.
                    (D) The rates of absenteeism in the Iraqi 
                military forces and the extent to which 
                insurgents have infiltrated such forces.
                    (E) The training provided Iraqi police and 
                other Ministry of Interior forces and the 
                equipment used by such forces.
                    (F) Key criteria for assessing the 
                capabilities and readiness of the Iraqi police 
                and other Ministry of Interior forces, goals 
                for achieving certain capability and readiness 
                levels (as well as for recruiting, training, 
                and equipping), and the milestones and notional 
                timetable for achieving these goals, 
                including--
                            (i) the number of police recruits 
                        that have received classroom training 
                        and the duration of such instruction;
                            (ii) the number of veteran police 
                        officers who have received classroom 
                        instruction and the duration of such 
                        instruction;
                            (iii) the number of police 
                        candidates screened by the Iraqi Police 
                        Screening Service, the number of 
                        candidates derived from other entry 
                        procedures, and the success rates of 
                        those groups of candidates;
                            (iv) the number of Iraqi police 
                        forces who have received field training 
                        by international police trainers and 
                        the duration of such instruction; and
                            (v) attrition rates and measures of 
                        absenteeism and infiltration by 
                        insurgents.
                    (G) The estimated total number of Iraqi 
                battalions needed for the Iraqi security forces 
                to perform duties now being undertaken by 
                coalition forces, including defending the 
                borders of Iraq and providing adequate levels 
                of law and order throughout Iraq.
                    (H) The effectiveness of the Iraqi military 
                and police officer cadres and the chain of 
                command.
                    (I) The number of United States and 
                coalition advisors needed to support the Iraqi 
                security forces and associated ministries.
                    (J) An assessment, in a classified annex if 
                necessary, of United States military 
                requirements, including planned force 
                rotations, through the end of calendar year 
                2006.
    Sec. 9011. Supervision and administration costs associated 
with a construction project funded with appropriations 
available for operation and maintenance, and executed in direct 
support of the Global War on Terrorism only in Iraq and 
Afghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the purpose of this 
section, supervision and administration costs include all in-
house Government costs.
    Sec. 9012. Amounts appropriated or otherwise made available 
in this title are designated as making appropriations for 
contingency operations related to the global war on terrorism 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 2006.

                 TITLE X--MATTERS RELATING TO DETAINEES

SEC. 1001. SHORT TITLE.

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

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

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

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

    (a) In General.--No individual in the custody or under the 
physical control of the United States Government, regardless of 
nationality or physical location, shall be subject to cruel, 
inhuman, or degrading treatment or punishment.
    (b) Construction.--Nothing in this section shall be 
construed to impose any geographical limitation on the 
applicability of the prohibition against cruel, inhuman, or 
degrading treatment or punishment under this section.
    (c) Limitation on Supersedure.--The provisions of this 
section shall not be superseded, except by a provision of law 
enacted after the date of the enactment of this Act which 
specifically repeals, modifies, or supersedes the provisions of 
this section.
    (d) Cruel, Inhuman, or Degrading Treatment or Punishment 
Defined.--In this section, the term ``cruel, inhuman, or 
degrading treatment or punishment'' means the cruel, unusual, 
and inhumane treatment or punishment prohibited by the Fifth, 
Eighth, and Fourteenth Amendments to the Constitution of the 
United States, as defined in the United States Reservations, 
Declarations and Understandings to the United Nations 
Convention Against Torture and Other Forms of Cruel, Inhuman or 
Degrading Treatment or Punishment done at New York, December 
10, 1984.

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

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

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

    (a) Submittal of Procedures for Status Review of Detainees 
at Guantanamo Bay, Cuba, and in Afghanistan and Iraq.--
            (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of 
        Defense shall submit to the Committee on Armed Services 
        and the Committee on the Judiciary of the Senate and 
        the Committee on Armed Services and the Committee on 
        the Judiciary of the House of Representatives a report 
        setting forth--
                    (A) the procedures of the Combatant Status 
                Review Tribunals and the Administrative Review 
                Boards established by direction of the 
                Secretary of Defense that are in operation at 
                Guantanamo Bay, Cuba, for determining the 
                status of the detainees held at Guantanamo Bay 
                or to provide an annual review to determine the 
                need to continue to detain an alien who is a 
                detainee; and
                    (B) the procedures in operation in 
                Afghanistan and Iraq for a determination of the 
                status of aliens detained in the custody or 
                under the physical control of the Department of 
                Defense in those countries.
            (2) Designated civilian official.--The procedures 
        submitted to Congress pursuant to paragraph (1)(A) 
        shall ensure that the official of the Department of 
        Defense who is designated by the President or Secretary 
        of Defense to be the final review authority within the 
        Department of Defense with respect to decisions of any 
        such tribunal or board (referred to as the ``Designated 
        Civilian Official'') shall be a civilian officer of the 
        Department of Defense holding an office to which 
        appointments are required by law to be made by the 
        President, by and with the advice and consent of the 
        Senate.
            (3) Consideration of new evidence.--The procedures 
        submitted under paragraph (1)(A) shall provide for 
        periodic review of any new evidence that may become 
        available relating to the enemy combatant status of a 
        detainee.
    (b) Consideration of Statements Derived With Coercion.--
            (1) Assessment.--The procedures submitted to 
        Congress pursuant to subsection (a)(1)(A) shall ensure 
        that a Combatant Status Review Tribunal or 
        Administrative Review Board, or any similar or 
        successor administrative tribunal or board, in making a 
        determination of status or disposition of any detainee 
        under such procedures, shall, to the extent 
        practicable, assess--
                    (A) whether any statement derived from or 
                relating to such detainee was obtained as a 
                result of coercion; and
                    (B) the probative value (if any) of any 
                such statement.
            (2) Applicability.--Paragraph (1) applies with 
        respect to any proceeding beginning on or after the 
        date of the enactment of this Act.
    (c) Report on Modification of Procedures.--The Secretary of 
Defense shall submit to the committees specified in subsection 
(a)(1) a report on any modification of the procedures submitted 
under subsection (a). Any such report shall be submitted not 
later than 60 days before the date on which such modification 
goes into effect.
    (d) Annual Report.--
            (1) Report required.--The Secretary of Defense 
        shall submit to Congress an annual report on the annual 
        review process for aliens in the custody of the 
        Department of Defense outside the United States. Each 
        such report shall be submitted in unclassified form, 
        with a classified annex, if necessary. The report shall 
        be submitted not later than December 31 each year.
            (2) Elements of report.--Each such report shall 
        include the following with respect to the year covered 
        by the report:
                    (A) The number of detainees whose status 
                was reviewed.
                    (B) The procedures used at each location.
    (e) Judicial Review of Detention of Enemy Combatants.--
            (1) In general.--Section 2241 of title 28, United 
        States Code, is amended by adding at the end the 
        following:
    ``(e) Except as provided in section 1005 of the Detainee 
Treatment Act of 2005, no court, justice, or judge shall have 
jurisdiction to hear or consider--
            ``(1) an application for a writ of habeas corpus 
        filed by or on behalf of an alien detained by the 
        Department of Defense at Guantanamo Bay, Cuba; or
            ``(2) any other action against the United States or 
        its agents relating to any aspect of the detention by 
        the Department of Defense of an alien at Guantanamo 
        Bay, Cuba, who--
                    ``(A) is currently in military custody; or
                    ``(B) has been determined by the United 
                States Court of Appeals for the District of 
                Columbia Circuit in accordance with the 
                procedures set forth in section 1005(e) of the 
                Detainee Treatment Act of 2005 to have been 
                properly detained as an enemy combatant.''.
            (2) Review of decisions of combatant status review 
        tribunals of propriety of detention.--
                    (A) In general.--Subject to subparagraphs 
                (B), (C), and (D), the United States Court of 
                Appeals for the District of Columbia Circuit 
                shall have exclusive jurisdiction to determine 
                the validity of any final decision of a 
                Combatant Status Review Tribunal that an alien 
                is properly detained as an enemy combatant.
                    (B) Limitation on claims.--The jurisdiction 
                of the United States Court of Appeals for the 
                District of Columbia Circuit under this 
                paragraph shall be limited to claims brought by 
                or on behalf of an alien--
                            (i) who is, at the time a request 
                        for review by such court is filed, 
                        detained by the Department of Defense 
                        at Guantanamo Bay, Cuba; and
                            (ii) for whom a Combatant Status 
                        Review Tribunal has been conducted, 
                        pursuant to applicable procedures 
                        specified by the Secretary of Defense.
                    (C) Scope of review.--The jurisdiction of 
                the United States Court of Appeals for the 
                District of Columbia Circuit on any claims with 
                respect to an alien under this paragraph shall 
                be limited to the consideration of--
                            (i) whether the status 
                        determination of the Combatant Status 
                        Review Tribunal with regard to such 
                        alien was consistent with the standards 
                        and procedures specified by the 
                        Secretary of Defense for Combatant 
                        Status Review Tribunals (including the 
                        requirement that the conclusion of the 
                        Tribunal be supported by a 
                        preponderance of the evidence and 
                        allowing a rebuttable presumption in 
                        favor of the Government's evidence); 
                        and
                            (ii) to the extent the Constitution 
                        and laws of the United States are 
                        applicable, whether the use of such 
                        standards and procedures to make the 
                        determination is consistent with the 
                        Constitution and laws of the United 
                        States.
                    (D) Termination on release from custody.--
                The jurisdiction of the United States Court of 
                Appeals for the District of Columbia Circuit 
                with respect to the claims of an alien under 
                this paragraph shall cease upon the release of 
                such alien from the custody of the Department 
                of Defense.
            (3) Review of final decisions of military 
        commissions.--
                    (A) In general.--Subject to subparagraphs 
                (B), (C), and (D), the United States Court of 
                Appeals for the District of Columbia Circuit 
                shall have exclusive jurisdiction to determine 
                the validity of any final decision rendered 
                pursuant to Military Commission Order No. 1, 
                dated August 31, 2005 (or any successor 
                military order).
                    (B) Grant of review.--Review under this 
                paragraph--
                            (i) with respect to a capital case 
                        or a case in which the alien was 
                        sentenced to a term of imprisonment of 
                        10 years or more, shall be as of right; 
                        or
                            (ii) with respect to any other 
                        case, shall be at the discretion of the 
                        United States Court of Appeals for the 
                        District of Columbia Circuit.
                    (C) Limitation on appeals.--The 
                jurisdiction of the United States Court of 
                Appeals for the District of Columbia Circuit 
                under this paragraph shall be limited to an 
                appeal brought by or on behalf of an alien--
                            (i) who was, at the time of the 
                        proceedings pursuant to the military 
                        order referred to in subparagraph (A), 
                        detained by the Department of Defense 
                        at Guantanamo Bay, Cuba; and
                            (ii) for whom a final decision has 
                        been rendered pursuant to such military 
                        order.
                    (D) Scope of review.--The jurisdiction of 
                the United States Court of Appeals for the 
                District of Columbia Circuit on an appeal of a 
                final decision with respect to an alien under 
                this paragraph shall be limited to the 
                consideration of--
                            (i) whether the final decision was 
                        consistent with the standards and 
                        procedures specified in the military 
                        order referred to in subparagraph (A); 
                        and
                            (ii) to the extent the Constitution 
                        and laws of the United States are 
                        applicable, whether the use of such 
                        standards and procedures to reach the 
                        final decision is consistent with the 
                        Constitution and laws of the United 
                        States.
            (4) Respondent.--The Secretary of Defense shall be 
        the named respondent in any appeal to the United States 
        Court of Appeals for the District of Columbia Circuit 
        under this subsection.
    (f) Construction.--Nothing in this section shall be 
construed to confer any constitutional right on an alien 
detained as an enemy combatant outside the United States.
    (g) United States Defined.--For purposes of this section, 
the term ``United States'', when used in a geographic sense, is 
as defined in section 101(a)(38) of the Immigration and 
Nationality Act and, in particular, does not include the United 
States Naval Station, Guantanamo Bay, Cuba.
    (h) Effective Date.--
            (1) In general.--This section shall take effect on 
        the date of the enactment of this Act.
            (2) Review of combatant status tribunal and 
        military commission decisions.--Paragraphs (2) and (3) 
        of subsection (e) shall apply with respect to any claim 
        whose review is governed by one of such paragraphs and 
        that is pending on or after the date of the enactment 
        of this Act.

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

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

                               DIVISION B

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

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

                                TITLE I

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF 
                               OF MEXICO

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Executive Operations

                          WORKING CAPITAL FUND

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

                     Agricultural Research Service

                        BUILDINGS AND FACILITIES

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

                       Rural Development Programs

                  RURAL COMMUNITY ADVANCEMENT PROGRAM

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

                         Rural Housing Service

              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

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

                    RURAL HOUSING ASSISTANCE GRANTS

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

                        Rural Utilities Service

   RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT

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

        Food and Nutrition Service Commodity Assistance Program

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

                    General Provisions--This Chapter

    Sec. 101. Emergency Conservation Program. (a) In General.--
There is hereby appropriated $199,800,000, to remain available 
until expended, to provide assistance under the emergency 
conservation program established under title IV of the 
Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) for 
expenses resulting from hurricanes that occurred during the 
2005 calendar year.
    (b) Assistance to Nursery, Oyster, and Poultry Producers.--
In carrying out this section, the Secretary shall make payments 
to nursery, oyster, and poultry producers to pay for up to 90 
percent of the cost of emergency measures to rehabilitate 
public and private oyster reefs or farmland damaged by 
hurricanes that occurred during the 2005 calendar year, 
including the cost of--
            (1) cleaning up structures, such as barns and 
        poultry houses;
            (2) providing water to livestock;
            (3) in the case of nursery producers, removing 
        debris, such as nursery structures, shade-houses, and 
        above-ground irrigation facilities;
            (4) in the case of oyster producers, refurbishing 
        oyster beds; and
            (5) in the case of poultry producers, removing 
        poultry house debris, including carcasses.
    (c) Poultry Recovery Assistance.--
            (1) In general.--The Secretary shall not use more 
        than $20,000,000 of the funds made available under this 
        section to provide assistance to poultry growers who 
        suffered uninsured losses to poultry houses in counties 
        affected by hurricanes that occurred during the 2005 
        calendar year.
            (2) Limitations.--The amount of assistance provided 
        to a poultry grower under this subsection may not 
        exceed the lesser of--
                    (A) 50 percent of the total costs 
                associated with the reconstruction or repair of 
                a poultry house; or
                    (B) $50,000 for each poultry house.
            (3) Limit on amount of assistance.--The total 
        amount of assistance provided under this subsection, 
        and any indemnities for losses to a poultry house paid 
        to a poultry grower, may not exceed 90 percent of the 
        total costs associated with the reconstruction or 
        repair of a poultry house.
    (d) Assistance to Private Nonindustrial Forest 
Landowners.--
            (1) Eligibility.--To be eligible to receive a 
        payment under this section, a private nonindustrial 
        forest landowner shall (as determined by the 
        Secretary)--
                    (A) have suffered a loss of, or damage to, 
                at least 35 percent of forest acres on 
                commercial forest land of the forest landowner 
                in a county affected by hurricanes that 
                occurred during the 2005 calendar year, or a 
                related condition; and
                    (B) during the 5-year period beginning on 
                the date of the loss--
                            (i) reforest the lost forest acres, 
                        in accordance with a plan approved by 
                        the Secretary that is appropriate for 
                        the forest type;
                            (ii) use best management practices 
                        on the forest land of the landowner, in 
                        accordance with the best management 
                        practices of the Secretary for the 
                        applicable State; and
                            (iii) exercise good stewardship on 
                        the forest land of the landowner, while 
                        maintaining the land in a forested 
                        state.
            (2) Program.--The Secretary shall make payments 
        under this subsection to private nonindustrial forest 
        landowners to pay for up to 75 percent of the cost of 
        reforestation, rehabilitation, and related measures, 
        except that the amount of assistance provided under 
        this subsection shall not exceed $150 per acre.
    (e) Eligibility.--Failure to comply with subtitle C of 
title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et 
seq.) shall not prevent an agricultural producer from receiving 
assistance under this section.
    (f) Emergency Designation.--The amount provided under this 
section is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.
    Sec. 102. Emergency Watershed Protection Program. (a) In 
General.--There is hereby appropriated $300,000,000, to remain 
available until expended, to provide assistance under the 
emergency watershed protection program established under 
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 
2203) to repair damages resulting from hurricanes that occurred 
during the 2005 calendar year.
    (b) Assistance.--In carrying out this section, the 
Secretary shall make payments to landowners and land users to 
pay for up to 75 percent of the cost resulting from damage 
caused by hurricanes that occurred during the 2005 calendar 
year, or a related condition, including the cost of--
            (1) cleaning up structures on private land; and
            (2) reimbursing private nonindustrial forest 
        landowners for costs associated with downed timber 
        removal, except that the amount of assistance provided 
        under this paragraph shall not exceed $150 per acre.
      (c) Notwithstanding any other provision of law, the 
Secretary, acting through the Natural Resources Conservation 
Service, using funds made available under this section, may 
provide financial and technical assistance to remove and 
dispose of debris and animal carcasses that could adversely 
affect health and safety on non-Federal land in a hurricane-
affected county.
    (d) Emergency Designation.--The amount provided under this 
section is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.
    Sec. 103. Notwithstanding any other provision of law, funds 
appropriated under this Act to the Secretary of Agriculture may 
be used to reimburse accounts of the Secretary that have been 
used to pay costs incurred to respond to damage caused by 
hurricanes that occurred during the 2005 calendar year if those 
costs could have been paid with such appropriated funds if such 
costs had arisen after the date of enactment of this Act.
    Sec. 104. Funds provided for hurricanes that occurred 
during the 2005 calendar year under the headings, ``Rural 
Housing Insurance Fund'' and ``Rural Housing Assistance 
Grants'', may be transferred between such accounts at the 
Secretary's discretion.
    Sec. 105. (a) Notwithstanding any other provision of this 
title, with respect to the counties affected by hurricanes in 
the 2005 calendar year and for any individuals who resided in 
such counties at the time of the disaster the Secretary of 
Agriculture may, for a 6-month period that begins upon the date 
of the enactment of this Act--
            (1) convert rental assistance under section 521 of 
        the Housing Act of 1949 (42 U.S.C. 1490a) allocated for 
        a property that is not decent, safe, and sanitary 
        because of the disaster into rural housing vouchers 
        authorized under title V of the Housing Act of 1949;
            (2) guarantee loans under section 502(h) of the 
        Housing Act of 1949 (42 U.S.C. 1472(h)) to--
                    (A) repair and rehabilitate single-family 
                residences; and
                    (B) refinance any loan made to a single-
                family resident used to acquire or construct 
                the single-family residence if such residence 
                meets the requirements of subparagraphs (A), 
                (B), and (C) of section 502(h)(4) of the 
                Housing Act of 1949 (42 U.S.C. 1472(h)(4));
            (3) waive the application of the rural area or 
        similar limitations under any program funded through an 
        appropriations act and administered by the Rural 
        Development Mission Area;
            (4) issue housing vouchers under section 542 of the 
        Housing Act of 1949 (42 U.S.C. 1490r), except that--
                    (A) notwithstanding the first sentence of 
                subsection (a) of section 542 of such Act, the 
                Secretary may assist low-income families and 
                persons whose residence has become 
                uninhabitable or inaccessible as a result of a 
                2005 hurricane; and
                    (B) subsection (b) of such section 542 of 
                such Act shall not apply;
            (5) provide loans, loan guarantees and grants from 
        the Renewable Energy System and Energy Efficiency 
        Improvements Program authorized in section 9006 of the 
        Farm Security and Rural Investment Act of 2002 (7 
        U.S.C. 8106) to any rural business--
                    (A) with a cost share requirement not to 
                exceed 50 percent;
                    (B) without regard to any limitation of the 
                grant amount; and
                    (C) which may include businesses processing 
                unsegregated solid waste and paper, as 
                determined by the Secretary;
            (6) provide grants under the Value-added 
        Agricultural Product Market Development Grant Program 
        and Rural Cooperative Development Grant Program without 
        regard to any grant amount limitations or matching 
        requirements; and
            (7) provide grants under the Community Facilities 
        Grant Program without regard to any graduated funding 
        requirements, grant amount limitations or matching 
        requirements.
    (b) The funds made available under this section are 
designated as an emergency requirement pursuant to section 402 
of H. Con. Res. 95 (109th Congress), the concurrent resolution 
on the budget for fiscal year 2006.
    Sec. 106. Section 759 of the Agriculture, Rural 
Development, Food and Drug Administration and Related Agencies 
Appropriations Act, 2006 (Public Law 109-97) is amended to read 
as follows:
    ``Sec. 759. None of the funds appropriated or otherwise 
made available under this or any other Act shall be used to pay 
the salaries and expenses of personnel to expend more than 
$12,000,000 of the funds initially made available for fiscal 
year 2006 by section 310(a)(2) of the Biomass Research and 
Development Act of 2000 (7 U.S.C. 7624 note).''.

SEC. 107. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.

      (a) Section 1231 of the Food Security Act of 1985 (16 
U.S.C. 3831) is amended by adding at the end the following:
      ``(k) Emergency Forestry Conservation Reserve Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Merchantable timber.--The term 
                `merchantable timber' means timber on private 
                nonindustrial forest land on which the average 
                tree has a trunk diameter of at least 6 inches 
                measured at a point no less than 4.5 feet above 
                the ground.
                    ``(B) Private nonindustrial forest land.--
                The term `private nonindustrial forest land' 
                includes State school trust land.
            ``(2) Program.--During calendar year 2006, the 
        Secretary shall carry out an emergency pilot program in 
        States that the Secretary determines have suffered 
        damage to merchantable timber in counties affected by 
        hurricanes during the 2005 calendar year.
            ``(3) Eligible acreage.--
                    ``(A) In general.--Subject to subparagraph 
                (B) and the availability of funds under 
                subparagraph (G), an owner or operator may 
                enroll private nonindustrial forest land in the 
                conservation reserve under this subsection.
                    ``(B) Determination of damages.--
                Eligibility for enrollment shall be limited to 
                owners and operators of private nonindustrial 
                forest land that have experienced a loss of 35 
                percent or more of merchantable timber in a 
                county affected by hurricanes during the 2005 
                calendar year.
                    ``(C) Exemptions.--Acreage enrolled in the 
                conservation reserve under this subsection 
                shall not count toward--
                            ``(i) county acreage limitations 
                        described in section 1243(b); or
                            ``(ii) the maximum enrollment 
                        described in subsection (d).
                    ``(D) Duties of owners and operators.--As a 
                condition of entering into a contract under 
                this subsection, during the term of the 
                contract, the owner or operator of private 
                nonindustrial forest land shall agree--
                            ``(i) to restore the land, through 
                        site preparation and planting of 
                        similar species as existing prior to 
                        hurricane damages or to the maximum 
                        extent practicable with other native 
                        species, as determined by the 
                        Secretary; and
                            ``(ii) to establish temporary 
                        vegetative cover the purpose of which 
                        is to prevent soil erosion on the 
                        eligible acreage, as determined by the 
                        Secretary.
                    ``(E) Duties of the secretary.--
                            ``(i) In general.--In return for a 
                        contract entered into by an owner or 
                        operator of private nonindustrial 
                        forest land under this subsection, the 
                        Secretary shall provide, at the option 
                        of the landowner--
                                    ``(I) notwithstanding the 
                                limitation in section 
                                1234(f)(1), a lump sum payment; 
                                or
                                    ``(II) annual rental 
                                payments.
                            ``(ii) Calculation of lump sum 
                        payment.--The lump sum payment 
                        described in clause (i)(I) shall be 
                        calculated using a net present value 
                        formula, as determined by the 
                        Secretary, based on the total amount a 
                        producer would receive over the 
                        duration of the contract.
                            ``(iii) Calculation of annual 
                        rental payments.--The annual rental 
                        payment described in clause (i)(II) 
                        shall be equal to the average rental 
                        rate for conservation reserve contracts 
                        in the county in which the land is 
                        located.
                            ``(iv) Rolling signup.--The 
                        Secretary shall offer a rolling signup 
                        for contracts under this subsection.
                            ``(v) Duration of contracts.--A 
                        contract entered into under this 
                        subsection shall have a term of 10 
                        years.
                    ``(F) Balance of natural resources.--In 
                determining the acceptability of contract 
                offers under this subsection, the Secretary 
                shall consider an equitable balance among the 
                purposes of soil erosion prevention, water 
                quality improvement, wildlife habitat 
                restoration, and mitigation of economic loss.
                    ``(G) Funding.--The Secretary shall use 
                $404,100,000, to remain available until 
                expended, of funds of the Commodity Credit 
                Corporation to carry out this subsection.
                    ``(H) Determinations by secretary.--A 
                determination made by the Secretary under this 
                subsection shall be final and conclusive.
                    ``(I) Regulations.--
                            ``(i) In general.--Not later than 
                        90 days after the date of enactment of 
                        this Act, the Secretary shall 
                        promulgate such regulations as are 
                        necessary to implement this subsection.
                            ``(ii) Procedure.--The promulgation 
                        of regulations and administration of 
                        this subsection shall be made without 
                        regard to--
                                    ``(I) the notice and 
                                comment provisions of section 
                                553 of title 5, United States 
                                Code;
                                    ``(II) the Statement of 
                                Policy of the Secretary of 
                                Agriculture effective July 24, 
                                1971 (36 Fed. reg. 13804), 
                                relating to notices of proposed 
                                rulemaking and public 
                                participation in rulemaking; 
                                and
                                    ``(III) chapter 35 of title 
                                44, United States Code 
                                (commonly known as the 
                                `Paperwork Reduction Act').
                            ``(iii) Congressional review of 
                        agency rulemaking.--In carrying out 
                        this subsection, the Secretary shall 
                        use the authority provided under 
                        section 808 of title 5, United States 
                        Code.''.
      (b) Emergency Designation.--The amount provided under 
this section is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

                              PROCUREMENT

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy

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

                        Other Procurement, Navy

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                              Trust Funds

       SURCHARGE COLLECTIONS, SALES OF COMMISSARY STORES, DEFENSE

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                    Office of the Inspector General

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

                    GENERAL PROVISIONS--THIS CHAPTER

                          (TRANSFER OF FUNDS)

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

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                             INVESTIGATIONS

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

                              CONSTRUCTION

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

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

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

                       OPERATION AND MAINTENANCE

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

                 FLOOD CONTROL AND COASTAL EMERGENCIES

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Flood Control 
Act of August 18, 1941, as amended (33 U.S.C. 701n), for 
emergency response to and recovery from coastal storm damages 
and flooding related to the consequences of hurricanes in the 
Gulf of Mexico and Atlantic Ocean in 2005, $2,277,965,000, to 
remain available until expended: Provided, That in using the 
funds appropriated for construction related to Hurricane 
Katrina in the areas covered by the disaster declaration made 
by the President under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act, Public Law 93-288, 88 Stat. 143, 
as amended (42 U.S.C. 5121 et seq.), the Secretary of the Army, 
acting through the Chief of Engineers, is directed to restore 
the flood damage reduction and hurricane and storm damage 
reduction projects, and related works, to provide the level of 
protection for which they were designed, at full Federal 
expense: Provided further, That $75,000,000 of this amount 
shall be used to accelerate completion of unconstructed 
portions of authorized projects in the State of Mississippi 
along the Mississippi Gulf Coast at full Federal expense: 
Provided further, That $544,460,000 of this amount shall be 
used to accelerate completion of unconstructed portions of 
authorized hurricane, storm damage reduction and flood control 
projects in the greater New Orleans and south Louisiana area at 
full Federal expense: Provided further, That $70,000,000 of 
this amount shall be available to prepare for flood, hurricane 
and other natural disasters and support emergency operations, 
repair and other activities in response to flood and hurricane 
emergencies as authorized by law: Provided further, That the 
amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 
95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                            GENERAL EXPENSES

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

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                     Customs and Border Protection

                         SALARIES AND EXPENSES

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

                              CONSTRUCTION

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

                  Immigration and Customs Enforcement

                         SALARIES AND EXPENSES

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

                       United States Coast Guard

                           OPERATING EXPENSES

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

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

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

                      United States Secret Service

                         SALARIES AND EXPENSES

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

                    Office for Domestic Preparedness

                        STATE AND LOCAL PROGRAMS

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

                  Federal Emergency Management Agency

                 ADMINISTRATIVE AND REGIONAL OPERATIONS

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

                            DISASTER RELIEF

                          (TRANSFER OF FUNDS)

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

                    General Provision--This Chapter

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

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                              CONSTRUCTION

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

                         National Park Service

                              CONSTRUCTION

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

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

                      Minerals Management Service

                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

                    ENVIRONMENTAL PROTECTION AGENCY

                Leaking Underground Storage Tank Program

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                       STATE AND PRIVATE FORESTRY

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

                         NATIONAL FOREST SYSTEM

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

                  CAPITAL IMPROVEMENT AND MAINTENANCE

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

                               CHAPTER 6

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    TRAINING AND EMPLOYMENT SERVICES

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

     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                      SOCIAL SERVICES BLOCK GRANT

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

                CHILDREN AND FAMILIES SERVICES PROGRAMS

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

                        DEPARTMENT OF EDUCATION

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

                               CHAPTER 7

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force

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

                  Military Construction, Defense-Wide

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

               Military Construction, Army National Guard

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

               Military Construction, Air National Guard

    For an additional amount for ``Military Construction, Air 
National Guard'', $35,000,000, to remain available until 
September 30, 2010, for necessary expenses related to the 
consequences of hurricanes in the Gulf of Mexico in calendar 
year 2005: Provided, That such funds may be obligated or 
expended for planning and design and military construction 
projects not otherwise authorized by law: Provided further, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 
95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

                  Military Construction, Naval Reserve

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

                             FAMILY HOUSING

           Family Housing Construction, Navy and Marine Corps

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

    Family Housing Operation and Maintenance, Navy and Marine Corps

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

                 Family Housing Construction, Air Force

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

          Family Housing Operation and Maintenance, Air Force

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

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            MEDICAL SERVICES

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

                      Departmental Administration

                       GENERAL OPERATING EXPENSES

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

                    NATIONAL CEMETERY ADMINISTRATION

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

                      CONSTRUCTION, MAJOR PROJECTS

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

                      CONSTRUCTION, MINOR PROJECTS

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

                             RELATED AGENCY

                      Armed Forces Retirement Home

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

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 701. The limitation of Federal contribution 
established under section 18236(b) of title 10 is hereby waived 
for projects appropriated in this chapter.
    Sec. 702. For any real property expressly granted to the 
United States since January 1, 1980 for use as or in connection 
with a Navy homeport subject to a reversionary interest 
retained by the grantor and serving as the site of or being 
used by a naval station subsequently closed or realigned 
pursuant to the Defense Base Closure and Realignment Act of 
1990 as amended, the right of the United States to any 
consideration or repayment for the fair market value of the 
real property as improved shall be released, relinquished, 
waived, or otherwise permanently extinguished. The Secretary 
shall execute such written agreements as may be needed to 
facilitate the reversion and transfer all right, title, and 
interest of the United States in any real property described in 
this section, including the improvements thereon, for no 
consideration to the reversionary interest holder as soon as 
practicable after the naval station is closed or realigned. 
This agreement shall not require the reversionary interest 
holder to assume any environmental liabilities of the United 
States or relieve the United States from any responsibilities 
for environmental remediation that it may have incurred as a 
result of federal ownership or use of the real property.
    Sec. 703. (a) Notwithstanding 38 U.S.C. 2102, the Secretary 
of Veterans Affairs may make a grant to a veteran whose home 
was previously adapted with the assistance of a grant under 
chapter 21 of title 38, United States Code, in the event the 
adapted home which was being used and occupied by the veteran 
was destroyed or substantially damaged in the declared disaster 
areas as a result of hurricanes in the Gulf of Mexico in 
calendar year 2005, as determined by the President under the 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.). The grant available to acquire a suitable housing unit 
with special fixtures or movable facilities made necessary by 
the veteran's disability, and necessary land therefor. This 
authority expires on September 30, 2006: Provided, That amount 
provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal 
year 2006.
      (b) The amount of the grant authorized by this subsection 
may not exceed the lesser of:
            (1) the reasonable cost, as determined by the 
        Secretary of Veterans Affairs, of repairing or 
        replacing the adapted home in excess of the available 
        insurance coverage on the damaged or destroyed home; or
            (2) the maximum grant to which the veteran would 
        have been entitled under 38 U.S.C. 2102 (a) or (b) had 
        the veteran not obtained the prior grant.
      Sec. 704. In any case where the Secretary of Veterans 
Affairs determines that a veteran described in 38 U.S.C. 
3108(a)(2) has been displaced as the result of hurricanes in 
the Gulf of Mexico in calendar year 2005, from the disaster 
area, as determined by the President under the Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 
Secretary may extend the payment of subsistence allowance 
authorized by such paragraph for up to an additional two months 
while the veteran is satisfactorily following such program of 
employment services. This authority expires on September 30, 
2006: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 
of H. Con. Res. 95 (109th Congress), the concurrent resolution 
on the budget for fiscal year 2006.
      Sec. 705. The annual limitation contained in 38 U.S.C. 
3120(e) shall not apply in any case where the Secretary of 
Veterans Affairs determines that a veteran described in 38 
U.S.C. 3120(b) has been displayed as the result of, or has 
otherwise been adversely affected in the areas covered by 
hurricanes in the Gulf of Mexico in calendar year 2005, as 
determined by the President under the Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.). This 
authority expires on September 30, 2006: Provided, That the 
amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 
95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.
      Sec. 706. Notwithstanding 38 U.S.C. 3903(a), the 
Secretary of Veterans Affairs may provide or assist in 
providing an eligible person with a second automobile or other 
conveyance under the provisions of chapter 39 of title 38 
United States Code, if the Secretary receives satisfactory 
evidence that the automobile or other conveyance previously 
purchased with assistance under such chapter was destroyed as a 
result of hurricanes in the Gulf of Mexico in calendar year 
2005, and through no fault of the eligible person: Provided, 
That that person does not otherwise receive from a property 
insurer compensation for the loss. This authority expires on 
September 30, 2006: Provided further, That the amount provided 
under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 2006.

                               CHAPTER 8

                         DEPARTMENT OF JUSTICE

                            Legal Activities

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

                     United States Marshals Service

                         SALARIES AND EXPENSES

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

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

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

                    Drug Enforcement Administration

                         SALARIES AND EXPENSES

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         SALARIES AND EXPENSES

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

                         Federal Prison System

                        BUILDINGS AND FACILITIES

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

                       Office of Justice Programs

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  OPERATIONS, RESEARCH, AND FACILITIES

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

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

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

             National Aeronautics and Space Administration

                        EXPLORATION CAPABILITIES

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

                     Small Business Administration

                      OFFICE OF INSPECTOR GENERAL

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

                     DISASTER LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

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

                    GENERAL PROVISIONS--THIS CHAPTER

                     (INCLUDING TRANSFER OF FUNDS)

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

                               CHAPTER 9

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

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

                     Federal Highway Administration

                        EMERGENCY RELIEF PROGRAM

    For an additional amount for ``Emergency relief program'' 
as authorized under 23 U.S.C. 125, $2,750,000,000, to remain 
available until expended, for necessary expenses related to the 
consequences of Hurricanes Katrina, Rita, and Wilma: Provided, 
That of the funds provided herein, up to $629,000,000 shall be 
available to repair and reconstruct the I-10 bridge spanning 
New Orleans and Slidell, Louisiana in accordance with current 
design standards as contained in 23 U.S.C. 125: Provided 
further, That notwithstanding 23 U.S.C. 120(e) and from funds 
provided herein, the Federal share for all projects for repairs 
or reconstruction of highways, roads, bridges, and trails to 
respond to damage caused by Hurricanes Katrina, Rita, and Wilma 
shall be 100 percent: Provided further, That notwithstanding 23 
U.S.C. 125(d)(1), the Secretary of Transportation may obligate 
more than $100,000,000 for such projects in a State in a fiscal 
year, to respond to damage caused by Hurricanes Dennis, 
Katrina, Rita or Wilma and by the 2004-2005 winter storms in 
the State of California: Provided further, That any amounts in 
excess of those necessary for emergency expenses relating to 
the above hurricanes may be used for other projects authorized 
under 23 U.S.C. 125: Provided further, That such amounts as may 
be necessary but not to exceed $550,000,000 may be made 
available promptly from the funds provided herein to pay for 
other projects authorized under 23 U.S.C. 125 arising from 
natural disasters or catastrophic failures from external causes 
that occurred prior to Hurricane Wilma and that are ready to 
proceed to construction or are eligible for reimbursement: 
Provided further, That the amounts provided under this heading 
are designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

                        Maritime Administration

                        OPERATIONS AND TRAINING

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                     TENANT-BASED RENTAL ASSISTANCE

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

                   Community Planning and Development

                       COMMUNITY DEVELOPMENT FUND

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

                       Administrative Provisions

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

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services

                         SALARIES AND EXPENSES

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

                           INDEPENDENT AGENCY

                    General Services Administration

                         FEDERAL BUILDINGS FUND

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

                                TITLE II

  EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS PANDEMIC INFLUENZA

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

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

                     Agricultural Research Service

                         SALARIES AND EXPENSES

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

      Cooperative State Research, Education, and Extension Service

                   RESEARCH AND EDUCATION ACTIVITIES

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

               Animal and Plant Health Inspection Service

                         SALARIES AND EXPENSES

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         SALARIES AND EXPENSES

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

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                Operation and Maintenance, Defense-Wide

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                               CHAPTER 3

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States Agency for International Development

                CHILD SURVIVAL AND HEALTH PROGRAMS FUND

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

              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

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

                    General Provision--This Chapter

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

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

            Office of the Secretary and Executive Management

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

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

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

                         National Park Service

                 OPERATION OF THE NATIONAL PARK SYSTEM

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

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

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

                               CHAPTER 7

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            MEDICAL SERVICES

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

                               CHAPTER 8

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

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

           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

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

                               TITLE III

                        RESCISSIONS AND OFFSETS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service

                        CONSERVATION OPERATIONS

                              (RESCISSION)

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

                        Rural Utilities Service

         DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

                              (RESCISSION)

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

                       Food and Nutrition Service

                           FOOD STAMP PROGRAM

                              (RESCISSION)

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

                      Foreign Agricultural Service

        PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

                              (RESCISSION)

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

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

            Disposal of Department of Defense Real Property

                              (RESCISSION)

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

              Lease of Department of Defense Real Property

                              (RESCISSION)

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

             Overseas Military Facility Investment Recovery

                              (RESCISSION)

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

                               CHAPTER 3

                EXPORT-IMPORT BANK OF THE UNITED STATES

                         Subsidy Appropriation

                              (RESCISSION)

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

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard

                           OPERATING EXPENSES

                         (RESCISSION OF FUNDS)

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

                  Federal Emergency Management Agency

                            DISASTER RELIEF

                         (RESCISSION OF FUNDS)

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

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   MANAGEMENT OF LANDS AND RESOURCES

                              (RESCISSION)

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

                United States Fish and Wildlife Service

                      LANDOWNER INCENTIVE PROGRAM

                              (RESCISSION)

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

            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

                              (RESCISSION)

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

                               CHAPTER 6

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     INDUSTRIAL TECHNOLOGY SERVICES

                              (RESCISSION)

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

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

                              (RESCISSION)

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

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

                              (RESCISSION)

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

                               CHAPTER 7

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration

                          FEDERAL-AID HIGHWAYS

                          (HIGHWAY TRUST FUND)

                              (RESCISSION)

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

                    Federal Railroad Administration

    EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

                              (RESCISSION)

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

                               CHAPTER 8

                      GOVERNMENT-WIDE RESCISSIONS

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

              TITLE IV.--HURRICANE EDUCATION RECOVERY ACT

    Subtitle A--Elementary and Secondary Education Hurricane Relief

SEC. 101. FINDINGS; DEFINITIONS.

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

SEC. 102. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

      (a) Purpose.--It is the purpose of this section--
            (1) to provide immediate services or assistance to 
        local educational agencies and non-public schools in 
        Louisiana, Mississippi, Alabama, and Texas that serve 
        an area in which a major disaster has been declared in 
        accordance with section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5170), related to Hurricane Katrina or Hurricane Rita; 
        and
            (2) to assist school administrators and personnel 
        of such agencies or non-public schools with expenses 
        related to the restart of operations in, the re-opening 
        of, and the re-enrollment of students in, elementary 
        schools and secondary schools in such areas.
      (b) Payments Authorized.--From amounts appropriated to 
carry out this subtitle, the Secretary of Education is 
authorized to make payments, on such basis as the Secretary 
determines appropriate, taking into consideration the number of 
students who were enrolled, during the 2004-2005 school year, 
in elementary schools and secondary schools that were closed on 
September 12, 2005, as a result of Hurricane Katrina or on 
October 7, 2005, as a result of Hurricane Rita, to State 
educational agencies in Louisiana, Mississippi, Alabama, and 
Texas to enable such agencies to provide services or assistance 
to local educational agencies or non-public schools serving an 
area in which a major disaster has been declared in accordance 
with section 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane 
Katrina or Hurricane Rita.
      (c) Eligibility, Consideration, and Equity--
            (1) Eligibility and Consideration.--From the 
        payment provided by the Secretary of Education under 
        subsection (b), the State educational agency shall 
        provide services and assistance to local educational 
        agencies and non-public schools, consistent with the 
        provisions of this section. In determining the amount 
        to be provided for services or assistance under this 
        section, the State educational agency shall consider 
        the following:
                    (A) The number of school-aged children 
                served by the local educational agency or non-
                public school in the academic year preceding 
                the academic year for which the services or 
                assistance are provided.
                    (B) The severity of the impact of Hurricane 
                Katrina or Hurricane Rita on the local 
                educational agency or non-public school and the 
                extent of the needs in each local educational 
                agency or non-public school in Louisiana, 
                Mississippi, Alabama, and Texas that is in an 
                area in which a major disaster has been 
                declared in accordance with section 401 of the 
                Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5170), 
                related to Hurricane Katrina or Hurricane Rita.
            (2) Equity.--Educational services and assistance 
        provided for eligible non-public school students under 
        paragraph (1) shall be equitable in comparison to the 
        educational services and other benefits provided for 
        public school students under this section, and shall be 
        provided in a timely manner.
      (d) Applications.--Each local educational agency or non-
public school desiring services or assistance under this 
section shall submit an application to the State educational 
agency at such time, in such manner, and accompanied by such 
information as the State educational agency may reasonably 
require to ensure expedited and timely provision of services or 
assistance to the local educational agency or non-public 
school.
      (e) Uses of Funds.--
            (1) In general.--A local educational agency or non-
        public school receiving services or assistance from the 
        State educational agency under this section shall use 
        such services or assistance for--
                    (A) recovery of student and personnel data, 
                and other electronic information;
                    (B) replacement of school district 
                information systems, including hardware and 
                software;
                    (C) financial operations;
                    (D) reasonable transportation costs;
                    (E) rental of mobile educational units and 
                leasing of neutral sites or spaces;
                    (F) initial replacement of instructional 
                materials and equipment, including textbooks;
                    (G) redeveloping instructional plans, 
                including curriculum development;
                    (H) initiating and maintaining education 
                and support services; and
                    (I) such other activities related to the 
                purpose of this section that are approved by 
                the Secretary.
            (2) Use with other available funds.--A local 
        educational agency or non-public school receiving 
        services or assistance under this section may use such 
        services or assistance in coordination with other 
        Federal, State, or local funds available for the 
        activities described in paragraph (1).
            (3) Special rules.--
                    (A) Prohibition.--Services or assistance 
                provided under this section shall not be used 
                for construction or major renovation of 
                schools.
                    (B) Secular, neutral, and nonideological 
                services or assistance.--Services or assistance 
                provided under this section, including 
                equipment and materials, shall be secular, 
                neutral, and nonideological.
      (f) Supplement Not Supplant.--
            (1) In general.--Except as provided in paragraph 
        (2), services or assistance made available under this 
        section shall be used to supplement, not supplant, any 
        funds made available through the Federal Emergency 
        Management Agency or through a State.
            (2) Exception.--Paragraph (1) shall not prohibit 
        the provision of Federal assistance under this section 
        to an eligible State educational agency, local 
        educational agency, or non-public school that is or may 
        be entitled to receive, from another source, benefits 
        for the same purposes as under this section if--
                    (A) such State educational agency, local 
                educational agency, or school has not received 
                such other benefits by the time of application 
                for Federal assistance under this section; and
                    (B) such State educational agency, local 
                educational agency, or school agrees to repay 
                all duplicative Federal assistance received to 
                carry out the purposes of this section.
      (g) Definition of Non-Public School.--The term ``non-
public school'' means a non-public elementary school or 
secondary school that--
            (1) is accredited or licensed or otherwise operates 
        in accordance with State law; and
            (2) was in existence prior to August 22, 2005.
      (h) Assistance to Non-Public Schools.--
            (1) Funds availability.--From the payment provided 
        by the Secretary of Education under subsection (b) to a 
        State educational agency, the State educational agency 
        shall reserve an amount of funds, to be made available 
        to non-public schools in the State, that is not less 
        than an amount that bears the same relation to the 
        payment as the number of non-public elementary schools 
        and secondary schools in the State bears to the total 
        number of non-public and public elementary schools and 
        secondary schools in the State. The number of such 
        schools shall be determined by the National Center for 
        Education Statistics Common Core of Data for the 2003-
        2004 school year. Such funds shall be used for the 
        provision of services or assistance at non-public 
        schools, except as provided in paragraph (2).
            (2) Special rule.--If funds made available under 
        paragraph (1) remain unobligated 120 days after the 
        date of enactment of this Act, such funds may be used 
        to provide services or assistance under this section to 
        local educational agencies or non-public schools.
            (3) Public control of funds.--The control of funds 
        for the services and assistance provided to a non-
        public school under paragraph (1), and title to 
        materials, equipment, and property purchased with such 
        funds, shall be in a public agency, and a public agency 
        shall administer such funds, materials, equipment, and 
        property and shall provide such services (or may 
        contract for the provision of such services with a 
        public or private entity).

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

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

SEC. 104. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.

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

SEC. 105. REGULATORY AND FINANCIAL RELIEF.

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

SEC. 106. ASSISTANCE FOR HOMELESS YOUTH.

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

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

      (a) Temporary Emergency Impact Aid Authorized.--
            (1) Aid to state educational agencies.--From 
        amounts appropriated to carry out this subtitle, the 
        Secretary of Education shall provide emergency impact 
        aid to State educational agencies to enable the State 
        educational agencies to make emergency impact aid 
        payments to eligible local educational agencies and 
        eligible BIA-funded schools to enable--
                    (A) such eligible local educational 
                agencies and schools to provide for the 
                instruction of students served by such agencies 
                and schools; and
                    (B) such eligible local educational 
                agencies to make immediate impact aid payments 
                to accounts established on behalf of displaced 
                students (referred to in this section as 
                ``accounts'') who are attending eligible non-
                public schools located in the areas served by 
                the eligible local educational agencies.
            (2) Aid to local educational agencies and bia-
        funded schools.--A State educational agency shall make 
        emergency impact aid payments to eligible local 
        educational agencies and eligible BIA-funded schools in 
        accordance with subsection (d).
            (3) State educational agencies in certain states.--
        In the case of the States of Louisiana and Mississippi, 
        the State educational agency shall carry out the 
        activities of eligible local educational agencies that 
        are unable to carry out this section, including 
        eligible local educational agencies in such States for 
        which the State exercises the authorities normally 
        exercised by such local educational agencies.
            (4) Notice of funds availability.--Not later than 
        14 calendar days after the date of enactment of this 
        Act, the Secretary of Education shall publish in the 
        Federal Register a notice of the availability of funds 
        under this section.
      (b) Definitions.--In this section:
            (1) Displaced student.--The term ``displaced 
        student'' means a student who enrolled in an elementary 
        school or secondary school (other than the school that 
        the student was enrolled in, or was eligible to be 
        enrolled in, on August 22, 2005) because such student 
        resides or resided on August 22, 2005, in an area for 
        which a major disaster has been declared in accordance 
        with section 401 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170), 
        related to Hurricane Katrina or Hurricane Rita.
            (2) Eligible local educational agencies.--The term 
        ``eligible local educational agency'' means a local 
        educational agency that serves--
                    (A) an elementary school or secondary 
                school (including a charter school) in which 
                there is enrolled a displaced student; or
                    (B) an area in which there is located an 
                eligible non-public school.
            (3) Eligible non-public school.--The term 
        ``eligible non-public school'' means a non-public 
        elementary school or secondary school that--
                    (A) is accredited or licensed or otherwise 
                operates in accordance with State law;
                    (B) was in existence on August 22, 2005; 
                and
                    (C) serves a displaced student on behalf of 
                whom an application for an account has been 
                made pursuant to subsection (c)(2)(A)(ii).
            (4) Eligible bia-funded school.--In this section, 
        the term ``eligible BIA-funded school'' means a school 
        funded by the Bureau of Indian Affairs in which there 
        is enrolled a displaced student.
      (c) Application.--
            (1) State educational agency.--A State educational 
        agency that desires to receive emergency impact aid 
        under this section shall submit an application to the 
        Secretary of Education, not later than 7 calendar days 
        after the date by which an application under paragraph 
        (2) must be submitted, in such manner, and accompanied 
        by such information as the Secretary of Education may 
        reasonably require, including--
                    (A) information on the total displaced 
                student child count of the State provided by 
                eligible local educational agencies in the 
                State and eligible BIA-funded schools in the 
                State under paragraph (2);
                    (B) a description of the process for the 
                parent or guardian of a displaced student 
                enrolled in a non-public school to indicate to 
                the eligible local educational agency serving 
                the area in which such school is located that 
                the student is enrolled in such school;
                    (C) a description of the procedure to be 
                used by an eligible local educational agency in 
                such State to provide payments to accounts;
                    (D) a description of the process to be used 
                by an eligible local educational agency in such 
                State to obtain--
                            (i) attestations of attendance of 
                        eligible displaced students from 
                        eligible non-public schools, in order 
                        for the local educational agency to 
                        provide payments to accounts on behalf 
                        of eligible displaced students; and
                            (ii) attestations from eligible 
                        non-public schools that accounts are 
                        used only for the purposes described in 
                        subsection (e)(1);
                    (E) the criteria, including family income, 
                used to determine the eligibility for and the 
                amount of assistance under this section 
                provided on behalf of a displaced student 
                attending an eligible non-public school; and
                    (F) the student count for displaced 
                students attending eligible non-public schools.
            (2) Local educational agencies and bia-funded 
        schools.--An eligible local educational agency or 
        eligible BIA-funded school that desires an emergency 
        impact aid payment under this section shall submit an 
        application to the State educational agency, not later 
        than 14 calendar days after the date of the publication 
        of the notice described in subsection (a)(4), in such 
        manner, and accompanied by such information as the 
        State educational agency may reasonably require, 
        including documentation submitted quarterly for the 
        2005-2006 school year that indicates the following:
                    (A) In the case of an eligible local 
                educational agency--
                            (i) the number of displaced 
                        students enrolled in the elementary 
                        schools and secondary schools 
                        (including charter schools and 
                        including the number of displaced 
                        students who are children with 
                        disabilities) served by such agency for 
                        such quarter;
                            (ii) the number of displaced 
                        students for whom the eligible local 
                        educational agency expects to provide 
                        payments to accounts under subsection 
                        (d)(3) (including the number of 
                        displaced students who are children 
                        with disabilities) for such quarter who 
                        meet the following criteria:
                                    (I) the displaced student 
                                enrolled in an eligible non-
                                public school prior to the date 
                                of enactment of this Act;
                                    (II) the parent or guardian 
                                of the displaced student chose 
                                to enroll the student in the 
                                eligible non-public school in 
                                which the student is enrolled; 
                                and
                                    (III) the parent or 
                                guardian of the displaced 
                                student submitted, in a timely 
                                manner that allows the local 
                                educational agency to meet the 
                                documentation requirements 
                                under this paragraph, an 
                                application requesting that the 
                                agency make a payment to an 
                                account on behalf of the 
                                student; and
                            (iii) an assurance that the local 
                        educational agency will make payments 
                        to accounts within 14 calendar days of 
                        receipt of funds provided under this 
                        section.
                    (B) In the case of an eligible BIA-funded 
                school, the number of displaced students, 
                including the number of displaced students who 
                are children with disabilities, enrolled in 
                such school for such quarter.
            (3) Determination of number of displaced 
        students.--In determining the number of displaced 
        students for a quarter under paragraph (2), an eligible 
        local educational agency or eligible BIA-funded school 
        shall include the number of displaced students served--
                    (A) in the case of a determination for the 
                first quarterly installment, during the quarter 
                prior to the date of enactment of this Act; and
                    (B) in the case of a determination for each 
                subsequent quarterly installment, during the 
                quarter immediately preceding the quarter for 
                which the installment is provided.
      (d) Amounts of Emergency Impact Aid.--
            (1) Aid to state educational agencies.--
                    (A) In general.--The amount of emergency 
                impact aid received by a State educational 
                agency for the 2005-2006 school year shall 
                equal the sum of--
                            (i)  the product of the number of 
                        displaced students (who are not 
                        children with disabilities), as 
                        determined by the eligible local 
                        educational agencies and eligible BIA-
                        funded schools in the State under 
                        subsection (c)(2), times $6,000; and
                            (ii) the product of the number of 
                        displaced students who are children 
                        with disabilities, as determined by the 
                        eligible local educational agencies and 
                        eligible BIA-funded schools in the 
                        State under subsection (c)(2), times 
                        $7,500.
                    (B) Insufficient funds.--If the amount 
                available under this section to provide 
                emergency impact aid under this subsection is 
                insufficient to pay the full amount that a 
                State educational agency is eligible to receive 
                under this section, the Secretary of Education 
                shall ratably reduce the amount of such 
                emergency impact aid.
                    (C) Retention of state share.--In the case 
                of State educational agency that has made a 
                payment prior to the date of enactment of this 
                Act to a local educational agency for the 
                purpose of covering additional costs incurred 
                as a result of enrolling a displaced student in 
                a school served by the local educational 
                agency, the State educational agency may retain 
                a portion of the payment described in paragraph 
                (2)(A)(ii) that bears the same relation to the 
                total amount of the payment under such 
                paragraph as the sum of such prior payments 
                bears to the total cost of attendance for all 
                students in that local educational agency for 
                whom the State educational agency made such 
                prior payments, except that a local educational 
                agency shall not adjust the level of funding 
                provided to accounts under this section based 
                on the State's retention of such amount.
            (2) Aid to eligible local educational agencies and 
        eligible bia-funded schools.--
                    (A) Quarterly installments.--
                            (i) In general.--A State 
                        educational agency shall provide 
                        emergency impact aid payments under 
                        this section on a quarterly basis for 
                        the 2005-2006 school year by such dates 
                        as determined by the Secretary of 
                        Education. Such quarterly installment 
                        payments shall be based on the number 
                        of displaced students reported under 
                        subsection (c)(2) and in the amount 
                        determined under clause (ii).
                            (ii) Payment amount.--Each 
                        quarterly installment payment under 
                        clause (i) shall equal 25 percent of 
                        the sum of--
                                    (I) the number of displaced 
                                students (who are not children 
                                with disabilities) reported by 
                                the eligible local educational 
                                agency or eligible BIA-funded 
                                school for such quarter (as 
                                determined under subsection 
                                (c)(2) times $6,000; and
                                    (II) the number of 
                                displaced students who are 
                                children with disabilities 
                                reported by the eligible local 
                                educational agency or eligible 
                                BIA-funded school for such 
                                quarter (as determined under 
                                subsection (c)(2)) times 
                                $7,500.
                            (iii) Timeline.--The Secretary of 
                        Education shall establish a timeline 
                        for quarterly reporting on the number 
                        of displaced students in order to make 
                        the appropriate disbursements in a 
                        timely manner.
                            (iv) Insufficient funds.--If, for 
                        any quarter, the amount available under 
                        this section to make payments under 
                        this subsection is insufficient to pay 
                        the full amount that an eligible local 
                        educational agency or eligible BIA-
                        funded school is eligible to receive 
                        under this section, the State 
                        educational agency shall ratably reduce 
                        the amount of such payments.
                    (B) Maximum payment to account.--In 
                providing quarterly payments to an account for 
                the 2005-2006 school year on behalf of a 
                displaced student for each quarter that such 
                student is enrolled in a non-public school in 
                the area served by the agency under paragraph 
                (3), an eligible local educational agency may 
                provide not more than 4 quarterly payments to 
                such account (each of which shall be paid not 
                later than 14 calendar days after the date of 
                receipt of each quarterly installment payment 
                received under subparagraph (A)), and the 
                aggregate amount of such payments shall not 
                exceed the lesser of--
                            (i)(I) in the case of a displaced 
                        student who is not a child with a 
                        disability, $6,000; or
                            (II) in the case of a displaced 
                        student who is a child with a 
                        disability, $7,500; or
                            (ii) the cost of tuition and fees 
                        (and transportation expenses, if any) 
                        at the non-public school for the 2005-
                        2006 school year.
                    (C) Limitation.--A non-public school 
                accessing funds on behalf of a displaced 
                student under this section must waive tuition, 
                or reimburse tuition paid, in an amount equal 
                to the amount accessed.
            (3) Displaced students.--Subject to the succeeding 
        sentence, an eligible local educational agency or 
        eligible BIA-funded school receiving emergency impact 
        aid payments under this section shall use the payments 
        to provide services and assistance to elementary 
        schools and secondary schools (including charter 
        schools) served by such agency, or to such BIA-funded 
        school, that enrolled a displaced student. An eligible 
        local educational agency that receives emergency impact 
        aid payments under this section and that serves an area 
        in which there is located an eligible non-public school 
        shall, at the request of the parent or guardian of a 
        displaced student who meets the criteria described in 
        subsection (c)(2)(A)(ii) and who enrolled in a non-
        public school in an area served by the agency, use such 
        emergency impact aid payment to provide payment on a 
        quarterly basis (but not to exceed the total amount 
        specified in subsection (d)(2)(B) for the 2005-2006 
        school year) to an account on behalf of such displaced 
        student.
      (e) Use of Funds.--
            (1) Authorized uses.--The authorized uses of funds 
        are the following:
                    (A) Paying the compensation of personnel, 
                including teacher aides, in schools enrolling 
                displaced students.
                    (B) Identifying and acquiring curricular 
                material, including the costs of providing 
                additional classroom supplies, and mobile 
                educational units and leasing sites or spaces.
                 (C) Basic instructional services for such 
                students, including tutoring, mentoring, or 
                academic counseling.
                    (D) Reasonable transportation costs.
                    (E) Health and counseling services.
                    (F) Education and support services.
            (2) Verification of enrollment for non-public 
        schools.--Before providing a quarterly payment to an 
        account, the eligible local educational agency shall 
        verify with the parent or guardian of a displaced 
        student that such displaced student is, or was, 
        enrolled in the non-public school for such quarter.
            (3) Prohibition.--Funds received under this section 
        shall not be used for construction or major renovation 
        of schools.
            (4) Provision of special education and related 
        services.--
                    (A) In general.--In the case of displaced 
                student who is a child with a disability, any 
                payment made on behalf of such student to an 
                eligible local educational agency or any 
                payment available in an account for such 
                student, shall be used to pay for special 
                education and related services consistent with 
                the Individuals with Disabilities Education Act 
                (20 U.S.C. 1400 et seq.).
                    (B) Special rule.--
                            (i) Retention.--Notwithstanding any 
                        other provision of this section, if an 
                        eligible local educational agency 
                        provides services to a displaced 
                        student attending an eligible non-
                        public school under section 612(a)(10) 
                        of the Individuals with Disabilities 
                        Education Act (20 U.S.C. 1412(a)(10)), 
                        the eligible local educational agency 
                        may retain a portion of the assistance 
                        received under this section on behalf 
                        of such student to pay for such 
                        services.
                            (ii) Determination of portion.--
                                    (I) Guidelines.--Each State 
                                shall issue guidelines, not 
                                later than 14 calendar days 
                                after the date of the 
                                publication of the notice 
                                described in subsection (a)(4), 
                                that specify the portion of the 
                                assistance that an eligible 
                                local educational agency in the 
                                State may retain under this 
                                subparagraph. Each State shall 
                                apply such guidelines in a 
                                consistent manner throughout 
                                the State.
                                    (II) Determination of 
                                portion.--The portion specified 
                                in the guidelines shall be 
                                based on customary costs of 
                                providing services under such 
                                section 612(a)(10) for the 
                                local educational agency.
                    (C) Definitions.--In this paragraph:
                            (i) Special education; related 
                        services.--The terms ``special 
                        education'' and ``related services'' 
                        have the meaning given such terms in 
                        section 602 of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 
                        1401).
                            (ii) Individualized education 
                        program.--The term ``individualized 
                        education program'' has the meaning 
                        given the term in section 614(d)(2) of 
                        the Individuals with Disabilities 
                        Education Act (20 U.S.C. 1414(d)(2)).
      (f) Return of Aid.--
            (1) Eligible local educational agency or eligible 
        bia-funded school.--An eligible local educational 
        agency or eligible BIA-funded school that receives an 
        emergency impact aid payment under this section shall 
        return to the State educational agency any payment 
        provided to the eligible local educational agency or 
        school under this section that the eligible local 
        educational agency or school has not obligated by the 
        end of the 2005-2006 school year in accordance with 
        this section.
            (2) State educational agency.--A State educational 
        agency that receives emergency impact aid under this 
        section, shall return to the Secretary of Education--
                    (A) any aid provided to the agency under 
                this section that the agency has not obligated 
                by the end of the 2005-2006 school year in 
                accordance with this section; and
                    (B) any payment funds returned to the State 
                educational agency under paragraph (1).
      (g) Limitation on Use of Aid and Payments.--Aid and 
payments provided under this section shall only be used for 
expenses incurred during the 2005-2006 school year.
      (h) Adminstrative Expenses.--A State educational agency 
that receives emergency impact aid under this section may use 
not more than 1 percent of such aid for administrative 
expenses. An eligible local educational agency or eligible BIA-
funded school that receives emergency impact aid payments under 
this section may use not more than 2 percent of such payments 
for administrative expenses.
      (i) Special Funding Rule.--In calculating funding under 
section 8003 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7703) for an eligible local educational agency 
that receives an emergency impact aid payment under this 
section, the Secretary of Education shall not count displaced 
students served by such agency for whom an emergency impact aid 
payment is received under this section, nor shall such students 
be counted for the purpose of calculating the total number of 
children in average daily attendance at the schools served by 
such agency as provided in section 8003(b)(3)(B)(i) of such Act 
(20 U.S.C. 7703(b)(3)(B)(i)).
      (j) Notice.--Each State receiving emergency impact aid 
under this section shall provide, to the parent or guardian of 
each displaced student for whom a payment is made under this 
section to an account who resides in such State, notification 
that--
            (1) such parent or guardian has the option of 
        enrolling such student in a public school or a non-
        public school; and
            (2) the temporary emergency impact aid for 
        displaced students provided under this section is 
        temporary and is only available for the 2005-2006 
        school year.
      (k) Bypass.--For a State in which State law prohibits the 
State from using Federal funds to directly provide services on 
behalf of students attending non-public schools and provides 
that another entity shall provide such services, the Secretary 
of Education shall make such arrangements with that entity.
      (l) Redirection of Funds.--
            (1) In general.--If a State educational agency or 
        eligible local educational agency is unable to carry 
        out this section, the Secretary of Education shall make 
        such arrangements with the State as the Secretary 
        determines appropriate to carry out this section on 
        behalf of displaced students attending an eligible non-
        public school in the area served by such agency.
            (2) Special rule.--If an eligible local educational 
        agency does not make a payment to an account within 14 
        calendar days of receipt of funds provided under this 
        section, then--
                    (A) the eligible local educational agency 
                shall return the funds received that quarter 
                for such account to the State educational 
                agency; and
                    (B) the State educational agency shall 
                ensure that the proper payment to such account 
                for such quarter is made not later than 14 
                calendar days after the date of the receipt of 
                funds under subparagraph (A), before any 
                further funds for such account are distributed 
                to the eligible local educational agency.
      (m) Nondiscrimination.--
            (1) Prohibition.--
                    (A) In general.--A school that enrolls a 
                displaced student under this section shall not 
                discriminate against students on the basis of 
                race, color, national origin, religion, 
                disability, or sex.
                    (B) Applicability.--The prohibition of 
                religious discrimination in subparagraph (A) 
                shall not apply with regard to enrollment for a 
                non-public school that is controlled by a 
                religious organization or organized and 
                operated on the basis of religious tenets, 
                except that the prohibition of religious 
                discrimination shall apply with respect to the 
                enrollment of displaced students assisted under 
                this section.
            (2) Single sex schools, classes, or activities.--
                    (A) In general.--To the extent consistent 
                with title IX of the Education Amendments of 
                1972 (20 U.S.C. 1681 et seq.), the prohibition 
                of sex discrimination in paragraph (1)(A) shall 
                not apply to a non-public school that is 
                controlled by a religious organization or 
                organized and operated on the basis of 
                religious tenets if the application of 
                paragraph (1)(A) would not be consistent with 
                the religious tenets of such organization.
                    (B) Single sex schools, classes, or 
                activities.--Notwithstanding paragraph (1)(A) 
                and to the extent consistent with title IX of 
                the Education Amendments of 1972, a parent or 
                guardian may choose and a non-public school may 
                offer a single sex school, class, or activity.
            (3) General provision.--Nothing in this subtitle 
        may be construed to alter or modify the provisions of 
        the Individuals with Disabilities Education Act (20 
        U.S.C. 1400 et seq.), title VI of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000d et seq.), title IX of the 
        Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
        and the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
        seq.).
            (4) Opt-out.--A parent or guardian of a displaced 
        student on behalf of whom a payment to an account is 
        made under this section shall have the option to have 
        such parent or guardian's displaced child opt out of 
        religious worship or religious classes offered by the 
        non-public school in which such student is enrolled and 
        on behalf of whom a payment to an account is made under 
        this section.
            (5) Rule of construction.--The amount of any 
        payment (or other form of support provided on behalf of 
        a displaced student) under this section shall not be 
        treated as income of a parent or guardian of the 
        student for purposes of Federal tax laws or for 
        determining eligibility for any other Federal program.
      (m) Treatment of State Aid.--A State shall not take into 
consideration emergency impact aid payments received under this 
section by a local educational agency in the State in 
determining the eligibility of such local educational agency 
for State aid, or the amount of State aid, with respect to free 
public education of children.

SEC. 108. SEVERABILITY.

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

SEC. 109. AUTHORIZATION OF FUNDS.

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

SEC. 110. SUNSET PROVISION.

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

             Subtitle B--Higher Education Hurricane Relief

SEC. 201. SHORT TITLE.

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

SEC. 202. GENERAL WAIVERS AND MODIFICATIONS.

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

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

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

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

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

SEC. 205. PROFESSIONAL JUDGMENT.

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

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

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

SEC. 207. PROCEDURES.

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

SEC. 208. TERMINATION OF AUTHORITY.

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

SEC. 209. DEFINITIONS.

      For the purposes of this subtitle, the following terms 
have the following meanings:
            (1) Affected individual.--The term ``affected 
        individual'' means an individual who has applied for or 
        received student financial assistance under title IV of 
        the Higher Education Act of 1965, and--
                    (A) who is an affected student; or
                    (B) whose primary place of employment or 
                residency was, as of August 29, 2005, in an 
                area affected by a Gulf hurricane disaster.
            (2) Affected institution.--
                    (A) In general.--The term ``affected 
                institution'' means an institution of higher 
                education that--
                            (i) is located in an area affected 
                        by a Gulf hurricane disaster; and
                            (ii) has temporarily ceased 
                        operations as a consequence of a Gulf 
                        hurricane disaster, as determined by 
                        the Secretary.
                    (B) Length of time.--In determining 
                eligibility for assistance under this subtitle, 
                the Secretary, using consistent, objective 
                criteria, shall determine the time period for 
                which an institution of higher education is an 
                affected institution.
                    (C) Special rule.--An organizational unit 
                of an affected institution that is not impacted 
                by a Gulf hurricane disaster shall not be 
                considered as part of such affected institution 
                for purposes of receiving assistance under this 
                subtitle.
            (3) Affected state.--The term ``affected State'' 
        means the State of Alabama, Florida, Louisiana, 
        Mississippi, or Texas
            (4) Affected student.--The term ``affected 
        student'' means an individual who was enrolled or 
        accepted for enrollment on August 29, 2005, at an 
        affected institution.
            (5) Area affected by a gulf hurricane disaster.--
        The term ``area affected by a Gulf hurricane disaster'' 
        means a county or parish, in an affected State, that 
        has been designated by the Federal Emergency Management 
        Agency for disaster assistance for individuals and 
        households as a result of Hurricane Katrina or 
        Hurricane Rita.
            (6) Cancelled enrollment period.--The term 
        ``cancelled enrollment period'' means any period of 
        enrollment at an affected institution during the 
        academic year 2005-2006, during which students were 
        unable to attend such institution.
            (7) Gulf hurricane disaster.--The term ``Gulf 
        hurricane disaster'' means a major disaster that the 
        President declared to exist, in accordance with section 
        401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act, and that was caused by 
        Hurricane Katrina or Hurricane Rita.
            (8) Institution of higher education.--The term 
        ``institution of higher education'' means--
                    (A) an institution covered by the 
                definition of such term in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    (B) an institution described in 
                subparagraph (A) or (B) of section 102(a)(1) of 
                such Act (20 U.S.C. 1002(a)(1)(A), (B)).
            (9) Qualified student loan.--The term ``qualified 
        student loan'' means any loan made, insured, or 
        guaranteed under part B, D, or E of title IV of the 
        Higher Education Act of 1965, other than a loan under 
        section 428B of such title or a Federal Direct Plus 
        loan.
            (10) Qualified parent loan.--The term ``qualified 
        parent loan'' means a loan made under section 428B of 
        title IV of the Higher Education Act of 1965 or a 
        Federal Direct Plus loan.
            (11) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.

      Subtitle C--Education and Related Programs Hurricane Relief

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

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

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

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

SEC. 303. DEFINITIONS.

      (a) In General.--Unless otherwise specified in this 
subtitle, the terms used in this subtitle have the meanings 
given the terms in section 9101 of the Elementary and Secondary 
Education Act of 1965.
      (b) Additional Definitions.--For the purposes of this 
subtitle:
            (1) Affected head start agencies and early head 
        start agencies.--The term ``affected Head Start 
        Agencies and Early Head Start Agencies'' means a Head 
        Start agency receiving a significant number of children 
        from an area win which a Gulf hurricane disaster has 
        been declared.
            (2) Affected state.--The term ``affected State'' 
        means the State of Alabama, Florida, Louisiana, 
        Mississippi, or Texas.
            (3) Area affected by a gulf hurricane disaster.--
        The term ``area affected by a Gulf hurricane disaster'' 
        means a county or parish, in an affected State, that 
        has been designated by the Federal Energy Management 
        Agency for disaster assistance for individuals and 
        households as a result of Hurricane Katrina or 
        Hurricane Rita.
            (4) Child with a disability.--The term ``child with 
        a disability'' has the meaning given such term in 
        section 602(3) of the Individuals with Disabilities 
        Education Act.
            (5) Eligibile entity.--The term ``eligible entity'' 
        means--
                    (A) a local educational agency (as defined 
                in section 602(19) of the Individuals with 
                Disabilities Education Act) if such agency is 
                located in a State or in an area of a State 
                with respect to which the President has 
                declared that a Gulf hurricane disaster exists;
                    (B) a State educational agency (as defined 
                in section 602(32) of such Act) if such agency 
                is located in a State with respect to which the 
                President has declared that a Gulf hurricane 
                disaster exists; or
                    (C) a State interagency coordinating 
                council established under section 641 of such 
                Act if such council is located in a State with 
                respect to which the President has declared 
                that a Gulf hurricane disaster exists.
            (6) Gulf hurricane disaster.--The term ``Gulf 
        hurricane disaster'' means a major disaster that the 
        President declared to exist, in accordance with section 
        401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act, and that was caused by 
        Hurricane Katrina or Hurricane Rita.
            (7) Highly qualified.--The term ``highly 
        qualified''--
                    (A) in the case of a special education 
                teacher, has the meaning given such term in 
                section 602 of the Individuals with 
                Disabilities Education Act; and
                    (B) in the case of any other elementary, 
                middle, or secondary school teacher, has the 
                meaning given such term in section 9101 of the 
                Elementary and Secondary Education Act of 1965.
            (8) Individual adversely affected by a gulf 
        hurricane disaster.--The term ``individual adversely 
        affected by a Gulf hurricane disaster'' means an 
        individual who, on August 29, 2005, was living, 
        working, or attending school in an area in which the 
        President has declared to exist a Gulf hurricane 
        disaster.
            (9) Infant or toddler with a disability.--The term 
        ``infant or toddler with a disability'' has the meaning 
        given such term in section 632(5) of the Individuals 
        with Disabilities Education Act.

                                TITLE V

              GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

      Sec. 5001. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
      Sec. 5002. Except as expressly provided otherwise, any 
reference to ``this Act'' contained in either division A or 
division B shall be treated as referring only to the provisions 
of that division.
      Sec. 5003. Effective upon the enactment of this Act, none 
of the funds appropriated or otherwise made available by the 
2001 Emergency Supplemental Appropriations Act for Recovery 
from and Response to Terrorist Attacks on the United States 
(Public Law 107-38) shall be transferred to or from the 
Emergency Response Fund.
      Sec. 5004. Title I of the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies 
Appropriations Act, 2006 (Public Law 109-97) is amended in the 
paragraph under the heading ``Cooperative State Research, 
Education, and Extension Service, Research and Education 
Activities'' (109 Stat. 2126) by inserting ``, to remain 
available until expended'' after ``for a veterinary medicine 
loan repayment program pursuant to section 1415A of the 
National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3101 et seq.), $500,000''.
      Sec. 5005. Section 207 of division C of Public Law 108-
447 is amended by inserting ``, and any effects of inflation 
thereon,'' after the word ``increase''.
      Sec. 5006. The matter under the heading ``Water and 
Related Resources'' in Public Law 109-103 is amended by 
inserting before the period at the end the following: ``: 
Provided further, That $10,000,000 of the funds appropriated 
under this heading shall be deposited in the San Gabriel Basin 
Restoration Fund established by section 110 of title I of 
appendix D of Public Law 106-554''.
      Sec. 5007. The funds appropriated in Public Law 109-103 
under the heading ``Bureau of Reclamation, Water and Related 
Resources'' for the Placer County, California Sub-Regional 
Wastewater Treatment Project are hereby transferred to and 
merged with the amount appropriated in such public law under 
the heading ``Corps of Engineers--Civil, Construction'', and 
shall be used for the construction of such project under the 
same terms and conditions that would have been applicable if 
such funds had originally been appropriated to the Corps of 
Engineers.
      Sec. 5008. Section 118 of Public Law 109-103 is amended 
by striking ``106-541'' and inserting ``106-53'' in lieu 
thereof.
      Sec. 5009. Public Law 109-103 is amended under the 
heading ``Corps of Engineers--Civil, Investigations'', by 
striking ``Provided further, That using $8,000,000'' and all 
that follows to the end of the paragraph, and inserting in lieu 
thereof, ``Provided further, That using $8,000,000 of the funds 
provided herein, the Secretary of the Army, acting through the 
Chief of Engineers, is directed to conduct a comprehensive 
hurricane protection analysis and design at full federal 
expense to develop and present a full range of flood control, 
coastal restoration, and hurricane protection measures 
exclusive of normal policy considerations for South Louisiana 
and the Secretary shall submit a preliminary technical report 
for comprehensive Category 5 protection within 6 months of 
enactment of this Act and a final technical report for Category 
5 protection within 24 months of enactment of this Act: 
Provided further, That the Secretary shall consider providing 
protection for a storm surge equivalent to a Category 5 
hurricane within the project area and may submit reports on 
component areas of the larger protection program for 
authorization as soon as practicable: Provided further, That 
the analysis shall be conducted in close coordination with the 
State of Louisiana and its appropriate agencies.''.
      Sec. 5010. Funds made available under the heading 
``Construction, Rehabilitation, Operation and Maintenance, 
Western Area Power Administration'' in Public Law 109-103 shall 
be available for the operation, maintenance, and purchase, 
through transfer, exchange, or sale, of one helicopter for 
replacement only.
      Sec. 5011. (a) In addition to the amounts provided 
elsewhere in this Act, $50,000,000 is hereby appropriated to 
the Department of Labor, to remain available until expended, 
for payment to the New York State Uninsured Employers Fund for 
reimbursement of claims related to the September 11, 2001, 
terrorist attacks on the United States and for reimbursement of 
claims related to the first response emergency services 
personnel who were injured, were disabled, or died due to such 
terrorist attacks.
      (b) In addition to the amounts provided elsewhere in this 
Act, $75,000,000 is hereby appropriated to the Centers for 
Disease Control and Prevention, to remain available until 
expended, for purposes related to the September 11, 2001, 
terrorist attacks on the United States. In expending such 
funds, the Director of the Centers for Disease Control and 
Prevention shall (1) give first priority to existing programs 
that administer baseline and follow-up screening, clinical 
examinations, or long-term medical health monitoring, analysis, 
or treatment for emergency services personnel or rescue and 
recovery personnel, as coordinated by the Mount Sinai Center 
for Occupational and Environmental Medicine of New York City, 
the New York City Fire Department's Bureau of Health Services 
and Counseling Services Unit, the New York City Police 
Foundation's Project COPE, the Police Organization Providing 
Peer Assistance of New York City, and the New York City 
Department of Health and Mental Hygiene's World Trade Center 
Health Registry; and (2) give secondary priority to similar 
programs coordinated by other entities working with the State 
of New York and New York City.
      (c) Each amount appropriated in this section is 
designated as an emergency requirement pursuant to section 402 
of H. Con. Res. 95 (109th Congress), the concurrent resolution 
on the budget for fiscal year 2006.
      Sec. 5012. The Flexibility for Displaced Workers Act 
(Public Law 109-72) is amended by striking ``Hurricane 
Katrina'' each place it appears and inserting ``hurricanes in 
the Gulf of Mexico in calendar year 2005''.
      Sec. 5013. Section 124 of Public Law 109-114 is amended 
by inserting before the period at the end the following: ``: 
Provided further, That nothing in this section precludes the 
Secretary of a military department, after notifying the 
congressional defense committees and waiting 21 days, from 
using funds derived under section 2601, chapter 403, chapter 
603, or chapter 903 of title 10, United States Code, for the 
maintenance or repair of General and Flag Officer Quarters at 
the military service academy under the jurisdiction of that 
Secretary: Provided further, That each Secretary of a military 
department shall provide an annual report by February 15 to the 
congressional defense committees on the amount of funds that 
were derived under section 2601, chapter 403, chapter 603, or 
chapter 903 of title 10, United States Code in the previous 
year and were obligated for the construction, improvement, 
repair, or maintenance of any military facility or 
infrastructure''.
      Sec. 5014. Section 128 of Public Law 109-114 is amended 
as follows--
            (1) by inserting after ``support'' the following: 
        ``a continuing mission or function at that installation 
        or''; and
            (2) by inserting after the last period the 
        following: ``This section shall not apply to military 
        construction projects, land acquisition, or family 
        housing projects for which the project is vital to the 
        national security or the protection of health, safety, 
        or environmental quality: Provided, That the Secretary 
        of Defense shall notify the congressional defense 
        committees within seven days of a decision to carry out 
        such a military construction project.''.
      Sec. 5015. The amount provided for ``Military 
Construction, Army'' in Public Law 109-114 is hereby reduced by 
$8,100,000 for the Special Operations Free Fall Simulator at 
Yuma Proving Ground, Arizona.
      The amount provided for ``Military Construction, Army'' 
in Public Law 109-114 is hereby increased by $8,100,000 for the 
Upgrade Wastewater Treatment Plant at Yuma Proving Ground, 
Arizona.
      Sec. 5016. The last paragraph of Public Law 109-114 is 
amended by inserting ``Military Construction,'' before 
``Military Quality''.
      Sec. 5017. (a) Section 613 of Public Law 109-108 is 
amended by striking ``$500,000 shall be for a grant to Warren 
County, Virginia, for a community enhancement project;'' and 
inserting ``$250,000 shall be for a grant to Warren County, 
Virginia, for a community enhancement project; $250,000 shall 
be for a grant to The ARC of Loudoun County for land 
acquisition and construction;'';
      (b) Section 619(a) of division B in Public Law 108-447 is 
amended by striking ``$50,000 shall be available for a grant 
for the Promesa Foundation in the Bronx, New York, to provide 
community growth funding;'' and inserting ``$50,000 shall be 
available for a grant to the Promesa Foundation to provide 
financial assistance to New York area families and 
organizations under a youth sports and recreational 
initiative;'';
      (c) Section 621 of division B in Public Law 108-199 is 
amended by striking ``$200,000 shall be available for a grant 
for the Promesa Foundation in South Bronx, New York, to provide 
community growth funding;'' and inserting ``$200,000 shall be 
available for a grant to the Promesa Foundation to provide 
financial assistance to New York area families and 
organizations under a youth sports and recreational 
initiative;'';
      (d) Section 625 of division B in Public Law 108-7 is 
amended by striking ``$200,000 shall be available for a grant 
for the Promesa Foundation in South Bronx, New York to provide 
community growth funding;'' and inserting ``$200,000 shall be 
available for a grant to the Promesa Foundation to provide 
financial assistance to New York area families and 
organizations under a youth sports and recreational 
initiative;''.
      Sec. 5018. Public Law 109-108 is amended under the 
heading ``State and Local Law Enforcement Assistance'' in 
subparagraph 4 by striking ``authorized by subpart 2 of part E, 
of title I of the 1968 Act, notwithstanding the provisions of 
section 511 of said Act''.

                          (TRANSFER OF FUNDS)

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

   DIVISION C--AMERICAN ENERGY INDEPENDENCE AND SECURITY ACT OF 2005

SEC. 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

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

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

    (a) In General.--
            (1) Authorization.--Congress authorizes the 
        exploration, leasing, development, production, and 
        economically feasible and prudent transportation of oil 
        and gas in and from the Coastal Plain.
            (2) Actions.--The Secretary shall take such actions 
        as are necessary--
                    (A) to establish and implement, in 
                accordance with this division, a competitive 
                oil and gas leasing program that will result in 
                an environmentally sound program for the 
                exploration, development, and production of the 
                oil and gas resources of the Coastal Plain 
                while taking into consideration the interests 
                and concerns of residents of the Coastal Plain, 
                which is the homeland of the Kaktovikmiut 
                Inupiat; and
                    (B) to administer this division through 
                regulations, lease terms, conditions, 
                restrictions, prohibitions, stipulations, and 
                other provisions that--
                            (i) ensure the oil and gas 
                        exploration, development, and 
                        production activities on the Coastal 
                        Plain will result in no significant 
                        adverse effect on fish and wildlife, 
                        their habitat, subsistence resources, 
                        and the environment; and
                            (ii) require the application of the 
                        best commercially available technology 
                        for oil and gas exploration, 
                        development, and production to all 
                        exploration, development, and 
                        production operations under this 
                        division in a manner that ensures the 
                        receipt of fair market value by the 
                        public for the mineral resources to be 
                        leased.
    (b) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3143) is 
        repealed.
            (2) Conforming amendment.--The table of contents 
        contained in section 1 of that Act (16 U.S.C. 3101 
        note) is amended by striking the item relating to 
        section 1003.
    (c) Compliance With Requirements Under Certain Other 
Laws.--
            (1) Compatibility.--For purposes of the National 
        Wildlife Refuge System Administration Act of 1966 (16 
        U.S.C. 668dd et seq.)--
                    (A) the oil and gas pre-leasing and leasing 
                program, and activities authorized by this 
                section in the Coastal Plain, shall be 
                considered to be compatible with the purposes 
                for which the Arctic National Wildlife Refuge 
                was established; and
                    (B) no further findings or decisions shall 
                be required to implement that program and those 
                activities.
            (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The Final 
        Statement shall be considered to satisfy the 
        requirements under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) that apply with 
        respect to pre-leasing activities, including 
        exploration programs and actions authorized to be taken 
        by the Secretary to develop and promulgate the 
        regulations for the establishment of a leasing program 
        authorized by this division before the conduct of the 
        first lease sale.
            (3) Compliance with nepa for other actions.--
                    (A) In general.--Before conducting the 
                first lease sale under this division, the 
                Secretary shall prepare an environmental impact 
                statement in accordance with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) with respect to the actions 
                authorized by this division that are not 
                referred to in paragraph (2).
                    (B) Identification and analysis.--
                Notwithstanding any other provision of law, in 
                carrying out this paragraph, the Secretary 
                shall not be required--
                            (i) to identify nonleasing 
                        alternative courses of action; or
                            (ii) to analyze the environmental 
                        effects of those courses of action.
                    (C) Identification of preferred action.--
                Not later than 18 months after the date of 
                enactment of this Act, the Secretary shall--
                            (i) identify only a preferred 
                        action and a single leasing alternative 
                        for the first lease sale authorized 
                        under this division; and
                            (ii) analyze the environmental 
                        effects and potential mitigation 
                        measures for those 2 alternatives.
                    (D) Public comments.--In carrying out this 
                paragraph, the Secretary shall consider only 
                public comments that are filed not later than 
                20 days after the date of publication of a 
                draft environmental impact statement.
                    (E) Effect of compliance.--Notwithstanding 
                any other provision of law, compliance with 
                this paragraph shall be considered to satisfy 
                all requirements for the analysis and 
                consideration of the environmental effects of 
                proposed leasing under this division.
    (d) Relationship to State and Local Authority.--Nothing in 
this division expands or limits any State or local regulatory 
authority.
    (e) Special Areas.--
            (1) Designation.--
                    (A) In general.--The Secretary, after 
                consultation with the State of Alaska, the 
                North Slope Borough, Alaska, and the City of 
                Kaktovik, Alaska, may designate not more than 
                45,000 acres of the Coastal Plain as a special 
                area if the Secretary determines that the 
                special area would be of such unique character 
                and interest as to require special management 
                and regulatory protection.
                    (B) Sadlerochit spring area.--The Secretary 
                shall designate as a special area in accordance 
                with subparagraph (A) the Sadlerochit Spring 
                area, comprising approximately 4,000 acres as 
                depicted on the map.
            (2) Management.--The Secretary shall manage each 
        special area designated under this subsection in a 
        manner that--
                    (A) respects and protects the Native people 
                of the area; and
                    (B) preserves the unique and diverse 
                character of the area, including fish, 
                wildlife, subsistence resources, and cultural 
                values of the area.
            (3) Exclusion from leasing or surface occupancy.--
                    (A) In general.--The Secretary may exclude 
                any special area designated under this 
                subsection from leasing.
                    (B) No surface occupancy.--If the Secretary 
                leases all or a portion of a special area for 
                the purposes of oil and gas exploration, 
                development, production, and related 
                activities, there shall be no surface occupancy 
                of the land comprising the special area.
            (4) Directional drilling.--Notwithstanding any 
        other provision of this subsection, the Secretary may 
        lease all or a portion of a special area under terms 
        that permit the use of horizontal drilling technology 
        from sites on leases located outside the special area.
    (f) Limitation on Closed Areas.--The Secretary may not 
close land within the Coastal Plain to oil and gas leasing or 
to exploration, development, or production except in accordance 
with this division.
    (g) Regulations.--
            (1) In general.--Not later than 15 months after the 
        date of enactment of this Act, in consultation with 
        appropriate agencies of the State of Alaska, the North 
        Slope Borough, Alaska, and the City of Kaktovik, 
        Alaska, the Secretary shall issue such regulations as 
        are necessary to carry out this division, including 
        rules and regulations relating to protection of the 
        fish and wildlife, fish and wildlife habitat, and 
        subsistence resources of the Coastal Plain.
            (2) Revision of regulations.--The Secretary may 
        periodically review and, as appropriate, revise the 
        rules and regulations issued under paragraph (1) to 
        reflect any significant scientific or engineering data 
        that come to the attention of the Secretary.

SEC. 4. LEASE SALES.

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

SEC. 5. GRANT OF LEASES BY THE SECRETARY.

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

SEC. 6. LEASE TERMS AND CONDITIONS.

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

SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

    (a) No Significant Adverse Effect Standard To Govern 
Authorized Coastal Plain Activities.--In accordance with 
section 3, the Secretary shall administer this division through 
regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, or other provisions that--
            (1) ensure, to the maximum extent practicable, that 
        oil and gas exploration, development, and production 
        activities on the Coastal Plain will result in no 
        significant adverse effect on fish and wildlife, fish 
        and wildlife habitat, and the environment;
            (2) require the application of the best 
        commercially available technology for oil and gas 
        exploration, development, and production on all new 
        exploration, development, and production operations; 
        and
            (3) ensure that the maximum surface acreage covered 
        in connection with the leasing program by production 
        and support facilities, including airstrips and any 
        areas covered by gravel berms or piers for support of 
        pipelines, does not exceed 2,000 acres on the Coastal 
        Plain.
    (b) Site-Specific Assessment and Mitigation.--The Secretary 
shall require, with respect to any proposed drilling and 
related activities on the Coastal Plain, that--
            (1) a site-specific environmental analysis be made 
        of the probable effects, if any, that the drilling or 
        related activities will have on fish and wildlife, fish 
        and wildlife habitat, subsistence resources, 
        subsistence uses, and the environment;
            (2) a plan be implemented to avoid, minimize, and 
        mitigate (in that order and to the maximum extent 
        practicable) any significant adverse effect identified 
        under paragraph (1); and
            (3) the development of the plan occur after 
        consultation with--
                    (A) each agency having jurisdiction over 
                matters mitigated by the plan;
                    (B) the State of Alaska;
                    (C) North Slope Borough, Alaska; and
                    (D) the City of Kaktovik, Alaska.
    (c) Regulations To Protect Coastal Plain Fish and Wildlife 
Resources, Subsistence Users, and the Environment.--Before 
implementing the leasing program authorized by this division, 
the Secretary shall prepare and issue regulations, lease terms, 
conditions, restrictions, prohibitions, stipulations, or other 
measures designed to ensure, to the maximum extent practicable, 
that the activities carried out on the Coastal Plain under this 
division are conducted in a manner consistent with the purposes 
and environmental requirements of this division.
    (d) Compliance With Federal and State Environmental Laws 
and Other Requirements.--The proposed regulations, lease terms, 
conditions, restrictions, prohibitions, and stipulations for 
the leasing program under this division shall require--
            (1) compliance with all applicable provisions of 
        Federal and State environmental law (including 
        regulations);
            (2) implementation of and compliance with--
                    (A) standards that are at least as 
                effective as the safety and environmental 
                mitigation measures, as described in items 1 
                through 29 on pages 167 through 169 of the 
                Final Statement, on the Coastal Plain;
                    (B) seasonal limitations on exploration, 
                development, and related activities, as 
                necessary, to avoid significant adverse effects 
                during periods of concentrated fish and 
                wildlife breeding, denning, nesting, spawning, 
                and migration;
                    (C) design safety and construction 
                standards for all pipelines and any access and 
                service roads that minimize, to the maximum 
                extent practicable, adverse effects on--
                            (i) the passage of migratory 
                        species (such as caribou); and
                            (ii) the flow of surface water by 
                        requiring the use of culverts, bridges, 
                        or other structural devices;
                    (D) prohibitions on general public access 
                to, and use of, all pipeline access and service 
                roads;
                    (E) stringent reclamation and 
                rehabilitation requirements in accordance with 
                this division for the removal from the Coastal 
                Plain of all oil and gas development and 
                production facilities, structures, and 
                equipment on completion of oil and gas 
                production operations, except in a case in 
                which the Secretary determines that those 
                facilities, structures, or equipment--
                            (i) would assist in the management 
                        of the Arctic National Wildlife Refuge; 
                        and
                            (ii) are donated to the United 
                        States for that purpose;
                    (F) appropriate prohibitions or 
                restrictions on--
                            (i) access by all modes of 
                        transportation;
                            (ii) sand and gravel extraction; 
                        and
                            (iii) use of explosives;
                    (G) reasonable stipulations for protection 
                of cultural and archaeological resources;
                    (H) measures to protect groundwater and 
                surface water, including--
                            (i) avoidance, to the maximum 
                        extent practicable, of springs, 
                        streams, and river systems;
                            (ii) the protection of natural 
                        surface drainage patterns and wetland 
                        and riparian habitats; and
                            (iii) the regulation of methods or 
                        techniques for developing or 
                        transporting adequate supplies of water 
                        for exploratory drilling; and
                    (I) research, monitoring, and reporting 
                requirements;
            (3) that exploration activities (except surface 
        geological studies) be limited to the period between 
        approximately November 1 and May 1 of each year and be 
        supported, if necessary, by ice roads, winter trails 
        with adequate snow cover, ice pads, ice airstrips, and 
        air transport methods (except that those exploration 
        activities may be permitted at other times if the 
        Secretary determines that the exploration will have no 
        significant adverse effect on fish and wildlife, fish 
        and wildlife habitat, subsistence resources, and the 
        environment of the Coastal Plain);
            (4) consolidation of facility siting;
            (5) avoidance or reduction of air traffic-related 
        disturbance to fish and wildlife;
            (6) treatment and disposal of hazardous and toxic 
        wastes, solid wastes, reserve pit fluids, drilling muds 
        and cuttings, and domestic wastewater, including, in 
        accordance with applicable Federal and State 
        environmental laws (including regulations)--
                    (A) preparation of an annual waste 
                management report;
                    (B) development and implementation of a 
                hazardous materials tracking system; and
                    (C) prohibition on the use of chlorinated 
                solvents;
            (7) fuel storage and oil spill contingency 
        planning;
            (8) conduct of periodic field crew environmental 
        briefings;
            (9) avoidance of significant adverse effects on 
        subsistence hunting, fishing, and trapping;
            (10) compliance with applicable air and water 
        quality standards;
            (11) appropriate seasonal and safety zone 
        designations around well sites, within which 
        subsistence hunting and trapping shall be limited; and
            (12) development and implementation of such other 
        protective environmental requirements, restrictions, 
        terms, or conditions as the Secretary, after 
        consultation with the State of Alaska, North Slope 
        Borough, Alaska, and the City of Kaktovik, Alaska, 
        determines to be necessary.
    (e) Considerations.--In preparing and issuing regulations, 
lease terms, conditions, restrictions, prohibitions, or 
stipulations under this section, the Secretary shall take into 
consideration--
            (1) the stipulations and conditions that govern the 
        National Petroleum Reserve-Alaska leasing program, as 
        set forth in the 1999 Northeast National Petroleum 
        Reserve-Alaska Final Integrated Activity Plan/
        Environmental Impact Statement;
            (2) the environmental protection standards that 
        governed the initial Coastal Plain seismic exploration 
        program under parts 37.31 through 37.33 of title 50, 
        Code of Federal Regulations (or successor regulations); 
        and
            (3) the land use stipulations for exploratory 
        drilling on the KIC-ASRC private land described in 
        Appendix 2 of the agreement between Arctic Slope 
        Regional Corporation and the United States dated August 
        9, 1983.
    (f) Facility Consolidation Planning.--
            (1) In general.--After providing for public notice 
        and comment, the Secretary shall prepare and 
        periodically update a plan to govern, guide, and direct 
        the siting and construction of facilities for the 
        exploration, development, production, and 
        transportation of oil and gas resources from the 
        Coastal Plain.
            (2) Objectives.--The objectives of the plan shall 
        be--
                    (A) the avoidance of unnecessary 
                duplication of facilities and activities;
                    (B) the encouragement of consolidation of 
                common facilities and activities;
                    (C) the location or confinement of 
                facilities and activities to areas that will 
                minimize impact on fish and wildlife, fish and 
                wildlife habitat, subsistence resources, and 
                the environment;
                    (D) the use of existing facilities, to the 
                maximum extent practicable; and
                    (E) the enhancement of compatibility 
                between wildlife values and development 
                activities.
    (g) Access to Public Land.--The Secretary shall--
            (1) manage public land in the Coastal Plain in 
        accordance with subsections (a) and (b) of section 811 
        of the Alaska National Interest Lands Conservation Act 
        (16 U.S.C. 3121); and
            (2) ensure that local residents shall have 
        reasonable access to public land in the Coastal Plain 
        for traditional uses.

SEC. 8. EXPEDITED JUDICIAL REVIEW.

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

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

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

SEC. 10. CONVEYANCE.

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

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

    (a) Establishment of Fund.--
            (1) In general.--As a condition on the receipt of 
        funds under section 1(a) of division D, the State of 
        Alaska shall establish in the treasury of the State, 
        and administer in accordance with this section, a fund 
        to be known as the ``Coastal Plain Local Government 
        Impact Aid Assistance Fund'' (referred to in this 
        section as the ``Fund'').
            (2) Deposits.--Subject to paragraph (1), the 
        Secretary of the Treasury shall deposit into the Fund, 
        in accordance with section 1(a)(2) of division D, 
        $35,000,000 each year from adjusted bonus, rental, and 
        royalty revenues from oil and gas leasing and 
        operations under this division.
            (3) Investment.--The Governor of the State of 
        Alaska (referred to in this section as the 
        ``Governor'') shall invest amounts in the Fund in 
        interest-bearing securities of the United States or the 
        State of Alaska.
    (b) Assistance.--The Governor, in cooperation with the 
Mayor of the North Slope Borough, shall use amounts in the Fund 
to provide assistance to North Slope Borough, Alaska, the City 
of Kaktovik, Alaska, and any other borough, municipal 
subdivision, village, or other community in the State of Alaska 
that is directly impacted by exploration for, or the production 
of, oil or gas on the Coastal Plain under this division, or any 
Alaska Native Regional Corporation acting on behalf of the 
villages and communities within its region whose lands lie 
along the right of way of the Trans Alaska Pipeline System, as 
determined by the Governor.
    (c) Application.--
            (1) In general.--To receive assistance under 
        subsection (b), a community or Regional Corporation 
        described in that subsection shall submit to the 
        Governor, or to the Mayor of the North Slope Borough, 
        an application in such time, in such manner, and 
        containing such information as the Governor may 
        require.
            (2) Action by north slope borough.--The Mayor of 
        the North Slope Borough shall submit to the Governor 
        each application received under paragraph (1) as soon 
        as practicable after the date on which the application 
        is received.
            (3) Assistance of governor.--The Governor shall 
        assist communities in submitting applications under 
        this subsection, to the maximum extent practicable.
    (d) Use of Funds.--A community or Regional Corporation that 
receives funds under subsection (b) may use the funds--
            (1) to plan for mitigation, implement a mitigation 
        plan, or maintain a mitigation project to address the 
        potential effects of oil and gas exploration and 
        development on environmental, social, cultural, 
        recreational, and subsistence resources of the 
        community;
            (2) to develop, carry out, and maintain--
                    (A) a project to provide new or expanded 
                public facilities; or
                    (B) services to address the needs and 
                problems associated with the effects described 
                in paragraph (1), including firefighting, 
                police, water and waste treatment, first 
                responder, and other medical services;
            (3) to compensate residents of the Coastal Plain 
        for significant damage to environmental, social, 
        cultural, recreational, or subsistence resources; and
            (4) in the City of Kaktovik, Alaska--
                    (A) to develop a mechanism for providing 
                members of the Kaktovikmiut Inupiat community 
                an opportunity to--
                            (i) monitor development on the 
                        Coastal Plain; and
                            (ii) provide information and 
                        recommendations to the Governor based 
                        on traditional aboriginal knowledge of 
                        the natural resources, flora, fauna, 
                        and ecological processes of the Coastal 
                        Plain; and
                    (B) to establish a local coordination 
                office, to be managed by the Mayor of the North 
                Slope Borough, in coordination with the City of 
                Kaktovik, Alaska--
                            (i) to coordinate with and advise 
                        developers on local conditions and the 
                        history of areas affected by 
                        development;
                            (ii) to provide to the Committee on 
                        Resources of the House of 
                        Representatives and the Committee on 
                        Energy and Natural Resources of the 
                        Senate annual reports on the status of 
                        the coordination between developers and 
                        communities affected by development;
                            (iii) to collect from residents of 
                        the Coastal Plain information regarding 
                        the impacts of development on fish, 
                        wildlife, habitats, subsistence 
                        resources, and the environment of the 
                        Coastal Plain; and
                            (iv) to ensure that the information 
                        collected under clause (iii) is 
                        submitted to--
                                    (I) developers; and
                                    (II) any appropriate 
                                Federal agency.

SEC. 12. PROHIBITION ON EXPORTS.

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

SEC. 13. LEGISLATIVE PROCEDURE.

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

SEC. 14. SEVERABILITY.

    If any provision of this division or division D, or the 
application of such provision to any person or circumstance, is 
held to be unconstitutional, the remainder of this division and 
division D and the application of such provisions to any person 
or circumstance shall not be affected thereby.

      DIVISION D--DISTRIBUTION OF REVENUES AND DISASTER ASSISTANCE

SEC. 1. FEDERAL AND STATE DISTRIBUTION OF REVENUES.

    (a) Receipts.--Subject to section 11(a)(1) of division C 
and notwithstanding any other provision of law--
            (1) 50 percent of the amount of adjusted bonus, 
        rental, and royalty receipts from Federal oil and gas 
        leasing and operations authorized under division C 
        shall be deposited in the Treasury as miscellaneous 
        receipts, in accordance with subsection (b), of which 5 
        percent shall be appropriated to the Department of 
        Health and Human Services to make payments under title 
        XXVI of the Omnibus Budget Reconciliation Act of 1981 
        (42 U.S.C. 8621); and
            (2) 50 percent of the amount of adjusted bonus, 
        rental, and royalty receipts derived from Federal oil 
        and gas leasing and operations authorized under 
        division C shall be paid to the State of Alaska, of 
        which $35,000,000 per year shall be deposited by the 
        Secretary of the Treasury into the fund created under 
        section 11(a)(1) of division C.
    (b) Gulf Coast Recovery and Disaster Prevention and 
Assistance Fund.--
            (1) In general.--There is established in the 
        Treasury of the United States a revolving fund, to be 
        known as the ``Gulf Coast Recovery and Disaster 
        Prevention and Assistance Fund'' (referred to in this 
        section as the ``Gulf Fund''), consisting of--
                    (A) such amounts as are appropriated to the 
                Gulf Fund under paragraph (2); and
                    (B) any interest earned on investment of 
                amounts in the Gulf Fund under paragraph (5).
            (2) Transfers to gulf fund.--
                    (A) Bonus bids, rentals, and royalty 
                revenues.--From amounts collected from oil and 
                gas leasing and operations under this section 
                and received in the Treasury, there are 
                appropriated to the Gulf Fund an amount equal 
                to the sum of--
                            (i) 80 percent of the amount of 
                        adjusted bonus bids and rentals 
                        described in subsection (a)(1); and
                            (ii) 20 percent of royalty revenues 
                        described in subsection (a)(1).
                    (B) Digital transition and public safety 
                fund.--Amounts deposited in the Digital 
                Transition and Public Safety Fund that exceed 
                $10,000,000,000, up to a total of 
                $2,000,000,000, are appropriated to the Gulf 
                Fund to be made available, without further 
                appropriation, as provided in this section.
            (3) Expenditures from gulf fund.--
                    (A) In general.--Subject to subparagraph 
                (B), the Secretary of the Treasury shall 
                transfer from the Gulf Fund direct lump sum 
                payments to State and local governments that 
                were directly affected by Hurricane Katrina, 
                Rita, or Wilma.
                    (B) Allocation of payments.--Payments 
                described in subparagraph (A) shall be 
                allocated--
                            (i) 50 percent to the State of 
                        Louisiana for hurricane and flood 
                        protection and control, coastal 
                        restoration projects, levees, and the 
                        construction and improvement of 
                        emergency evacuation routes in south 
                        Louisiana;
                            (ii) 25 percent to the State of 
                        Mississippi, of which 10 percent shall 
                        be provided to Hancock County, 10 
                        percent shall be provided to Harrison 
                        County, 10 percent shall be provided to 
                        Jackson County, and 30 percent shall be 
                        allocated to municipalities within 
                        those counties based on the proportion 
                        of the population of each municipality 
                        to the total population of all such 
                        municipalities, to--
                                    (I) restore coastal 
                                estuaries and fisheries 
                                habitats;
                                    (II) restore or expand 
                                barrier islands to provide 
                                coastal hurricane protection;
                                    (III) restore or construct 
                                coastal shoreline and flood 
                                protection structures;
                                    (IV) repair and upgrade 
                                water and wastewater systems;
                                    (V) restore and expand 
                                hurricane evacuation 
                                transportation routes and 
                                services;
                                    (VI) restore storm-damaged 
                                public buildings and 
                                facilities, including 
                                waterfront facilities, not 
                                otherwise paid for by the 
                                Federal Government; and
                                    (VII) pay or reimburse the 
                                costs of storm debris removal 
                                not otherwise paid by the 
                                Federal Government.
                            (iii) 10 percent to the State of 
                        Texas for hurricane relief and recovery 
                        efforts, including--
                                    (I) storm debris removal 
                                costs not otherwise paid by the 
                                Federal Government;
                                    (II) low-income housing 
                                needs;
                                    (III) the cost of providing 
                                uncompensated medical care to 
                                hurricane victims; and
                                    (IV) education-related 
                                expenses, including expenses 
                                for K-12 and higher education;
                            (iv) 10 percent to the State of 
                        Alabama for recovery and restoration 
                        activities; and
                            (v) 5 percent to the State of 
                        Florida for restoration and recovery 
                        activities.
            (4) Loan authority.--The Secretary of the Treasury 
        may borrow from the Treasury such sums as may be 
        necessary to carry out this subsection, but shall 
        reimburse the Treasury immediately when funds are 
        deposited into the Gulf Fund.
            (5) Investment of amounts.--
                    (A) In general.--The Secretary of the 
                Treasury shall invest such portion of the Gulf 
                Fund as is not, in the judgment of the 
                Secretary of the Treasury, required to meet 
                current withdrawals.
                    (B) Interest-bearing obligations.--
                Investments may be made only in interest-
                bearing obligations of the United States.
                    (C) Acquisition of obligations.--For the 
                purpose of investments under clause (i), 
                obligations may be acquired--
                            (i) on original issue at the issue 
                        price; or
                            (ii) by purchase of outstanding 
                        obligations at the market price.
                    (D) Sale of obligations.--Any obligation 
                acquired by the Gulf Fund may be sold by the 
                Secretary of the Treasury at the market price.
                    (E) Credits to gulf fund.--The interest on, 
                and the proceeds from the sale or redemption 
                of, any obligations held in the Gulf Fund shall 
                be credited to and form a part of the Gulf 
                Fund.

SEC. 2. LOW-INCOME HOME ENERGY ASSISTANCE.

    (a) In General.--Subject to subsection (b), there is 
appropriated, out of any funds in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2006, an 
additional $2,000,000,000 to the Administration for Children 
and Families, to remain available until expended, for making 
payments under title XXVI of the Omnibus Budget Reconciliation 
Act of 1981 (42 U.S.C. 8621 et seq.).
    (b) Requirement.--Notwithstanding section 2602(e) of the 
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8621(e)), 
of funds appropriated under subsection (a), $1,500,000,000 
shall be used for the unanticipated home energy assistance 
needs of 1 or more States, as authorized by section 2604(e) of 
the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 
8623(e)).
    (c) Emergency Designation.--The amounts made available by 
the transfer of funds in or pursuant to this section are 
designated as an emergency requirement pursuant to section 402 
of H. Con. Res. 95 (109th Congress).

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

    (a) In General.--Subject to subsection (f), in addition to 
any amounts otherwise provided in this or any other Act, 
amounts from the Digital Transition and Public Safety Fund in 
excess of $12,000,000,000 are appropriated, to remain available 
until expended, to be made available by the Secretary of the 
Treasury, without further appropriation, to carry out this 
section.
    (b) Agricultural Assistance.--Notwithstanding any other 
provision of law, of the amount made available under subsection 
(a), $900,000,000 shall be made available to the Secretary of 
Agriculture to increase enrollment in conservation programs, 
including--
            (1) the conservation reserve program established 
        under subchapter B of chapter 1 of subtitle D of title 
        XII of the Food Security Act of 1985 (16 U.S.C. 3831 et 
        seq.);
            (2) the wetlands reserve program established under 
        subchapter C of chapter 1 of subtitle D of title XII of 
        that Act (16 U.S.C. 3837 et seq.);
            (3) the conservation security program established 
        under subchapter A of chapter 2 of subtitle D of title 
        XII of that Act (16 U.S.C. 3838 et seq.);
            (4) the grassland reserve program established under 
        subchapter C of chapter 2 of subtitle D of title XII of 
        that Act (16 U.S.C. 3838n et seq.); and
            (5) the environmental quality incentives program 
        established under chapter 4 of subtitle D of title XII 
        of that Act (16 U.S.C. 3839aa et seq.).
    (c) Other Conservation Programs.--Of the amounts made 
available under subsection (a), $100,000,000 shall be used to 
carry out other conservation programs, including--
            (1) $50,000,000 shall be used for expenses 
        necessary to carry out the North American Wetlands 
        Conservation Act (16 U.S.C. 4401 et seq.); and
            (2) $50,000,000 shall be provided to the National 
        Fish and Wildlife Service to acquire permanent 
        conservation easements from willing sellers for the 
        National Wildlife Refuge System to protect critical 
        grassland and wetland habitats.
    (d) Preparation for a Natural Disaster or Terrorist 
Attack.--
            (1) In general.--Of the amount made available under 
        subsection (a), $2,000,000,000 shall be used for State 
        and local government preparation for a natural disaster 
        or terrorist attack, of which--
                    (A) $1,000,000,000 shall be used to carry 
                out paragraph (2); and
                    (B) $1,000,000,000 shall be used to carry 
                out paragraph (3).
            (2) Interoperable communications equipment.--
                    (A) In general.--The amount made available 
                under paragraph (1)(A) shall be provided to the 
                Department of Homeland Security, Office for 
                Domestic Preparedness, State and Local 
                Programs, to make grants to State and local 
                governments for interoperable communications 
                equipment, of which--
                            (i) at least 75 percent shall be 
                        allocated based on risk and threat, as 
                        determined by the Secretary of Homeland 
                        Security; and
                            (ii) the remainder shall be 
                        allocated equally to all States for 
                        compatible emergency communications 
                        equipment (which may include equipment) 
                        with satellite capability operable in 
                        the event that towers, central offices, 
                        or other critical infrastructure such 
                        as power facilities are destroyed or 
                        disrupted.
                    (B) Plan.--No funds may be obligated under 
                this paragraph until the grantee has in place 
                an interoperable communications implementation 
                plan certified by the Department of Homeland 
                Security.
                    (C) Standards or guidelines.--Any 
                communications equipment acquired under this 
                paragraph shall meet standards or guidelines 
                established by the Department of Homeland 
                Security Office of Interoperable 
                Communications.
                    (D) Salaries and expenses.--Of the amount 
                made available under this paragraph, not more 
                than 3 percent may be used by the Secretary of 
                Homeland Security for salaries and 
                administrative expenses.
            (3) Preparation for terrorist attacks, pandemic 
        events, or natural disasters.--
                    (A) In general.--The amount made available 
                under paragraph (1)(B) shall be provided to the 
                Department of Homeland Security, Office for 
                Domestic Preparedness, State and Local 
                Programs, to make grants to prepare for a 
                terrorist attack, pandemic event, or natural 
                disaster, including--
                            (i) developing evacuation plans and 
                        plans to accept and provide for 
                        evacuees from other jurisdictions;
                            (ii) providing training for the 
                        implementation of, and exercises under, 
                        those plans;
                            (iii) acquisition of equipment and 
                        medical supplies; and
                            (iv) related costs.
                    (B) Allocation.--Funds provided under this 
                paragraph shall be allocated based on risk and 
                threat, as determined by the Secretary of 
                Homeland Security, except that no State shall 
                receive less than 0.55 percent and no territory 
                shall receive no less than 0.15 of the total 
                amount provided under this paragraph.
                    (C) Availability of applications.--Not 
                later than 60 days after the date of enactment 
                of this Act, the Secretary of Homeland Security 
                shall make applications for grants under this 
                paragraph available to States.
                    (D) Submission of applications.--To be 
                eligible for a grant under this paragraph, a 
                State shall submit an application for the grant 
                within 90 days after the announcement of grant 
                availability.
                    (E) Action on applications.--The Office for 
                Domestic Preparedness shall act on an 
                application within 90 days after receipt of the 
                application.
                    (F) Local governments.--Not less than 80 
                percent of any grant under this paragraph to a 
                State shall be made available by the State to 
                local governments within 60 days after the 
                receipt of funds.
                    (G) Salaries and expenses.--Of the amount 
                made available under this paragraph, not more 
                than 3 percent may be used by the Secretary of 
                Homeland Security for salaries and 
                administrative expenses.
    (e) Border Security; Department of Homeland Security.--
            (1) Office of the chief information officer.--There 
        is appropriated, out of any funds in the Treasury not 
        otherwise appropriated, for the fiscal year ending 
        September 30, 2006, an additional $80,000,000 to the 
        Department of Homeland Security, Office of the Chief 
        Information Officer, to replace and upgrade law 
        enforcement communications, $80,000,000, to remain 
        available until expended.
            (2) Customs and border protection.--
                    (A) Salaries and expenses.--There is 
                appropriated, out of any funds in the Treasury 
                not otherwise appropriated, for the fiscal year 
                ending September 30, 2006, an additional 
                $30,000,000 for ``Customs and Border 
                Protection'', ``Salaries and Expenses'', to 
                replace border patrol vehicles.
                    (B) Air and marine interdiction, 
                operations, maintenance, and procurement.--
                            (i) In general.--There is 
                        appropriated, out of any funds in the 
                        Treasury not otherwise appropriated, 
                        for the fiscal year ending September 
                        30, 2006, an additional $862,000,000 
                        for ``Air and Marine Interdiction, 
                        Operations, Maintenance, and 
                        Procurement'' to replace air assets 
                        facilities, to remain available until 
                        expended, of which--
                                    (I) $490,000,000 shall be 
                                used to replace air assets, 
                                including $40,000,000 for 
                                helicopter replacement; and
                                    (II) $372,000,000 shall be 
                                used to construct and renovate 
                                air facilities.
                            (ii) Plan.--None of the funds made 
                        available under this subparagraph may 
                        be obligated until the Committees on 
                        Appropriations of the Senate and the 
                        House of Representatives receive and 
                        approve an expenditure plan for the 
                        funds and for the complete 
                        recapitalization of Customs and Border 
                        Protection air assets and facilities.
                    (C) Construction.--
                            (i) In general.--There is 
                        appropriated, out of any funds in the 
                        Treasury not otherwise appropriated, 
                        for the fiscal year ending September 
                        30, 2006, an additional $120,000,000 
                        for ``Construction'', to remain 
                        available until expended, of which--
                                    (I) $30,000,000 shall be 
                                used for Tucson, Arizona sector 
                                tactical infrastructure; and
                                    (II) $20,000,000 shall be 
                                used for the San Diego, 
                                California sector fence.
                            (ii) Plan.--None of the funds made 
                        available under this subparagraph may 
                        be obligated until the Committees on 
                        Appropriations of the Senate and the 
                        House of Representatives receive and 
                        approve an expenditure plan for the 
                        funds.
            (3) Immigration and customs enforcement.--There is 
        appropriated, out of any funds in the Treasury not 
        otherwise appropriated, for the fiscal year ending 
        September 30, 2006, an additional $30,000,000 for 
        ``Salaries and Expenses'' to replace detention and 
        removal vehicles.
            (4) Federal law enforcement training center.--There 
        is appropriated, out of any funds in the Treasury not 
        otherwise appropriated, for the fiscal year ending 
        September 30, 2006, an additional $17,900,000 for 
        ``Acquisition, Construction, Improvements, and Related 
        Expenses'' for construction of the language training 
        facility referenced in the Master Plan and for 
        information technology infrastructure improvements, to 
        remain available until expended.
            (5) Emergency designation.--The amounts provided 
        under this subsection are designated as an emergency 
        requirement pursuant to section 402 of H. Con. Res. 95 
        (109th Congress).
            (6) Offsetting receipts.--If any amount remains in 
        the Digital Transition and Public Safety Fund after 
        implementation of this section, $1,139,000,000 of the 
        amount shall be deposited in the Treasury as offsetting 
        receipts.
    (f) Insufficient Funds.--If the amount of funds made 
available under subsection (a) is not sufficient to carry out 
subsections (b) through (d), each amount of funds otherwise 
made available under subsections (b) through (d) shall be 
reduced on a pro rata basis.

      DIVISION E--PUBLIC READINESS AND EMERGENCY PREPAREDNESS ACT

SEC. 1. SHORT TITLE.

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

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

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

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

    ``(a) Liability Protections.--
            ``(1) In general.--Subject to the other provisions 
        of this section, a covered person shall be immune from 
        suit and liability under Federal and State law with 
        respect to all claims for loss caused by, arising out 
        of, relating to, or resulting from the administration 
        to or the use by an individual of a covered 
        countermeasure if a declaration under subsection (b) 
        has been issued with respect to such countermeasure.
            ``(2) Scope of claims for loss.--
                    ``(A) Loss.--For purposes of this section, 
                the term `loss' means any type of loss, 
                including--
                            ``(i) death;
                            ``(ii) physical, mental, or 
                        emotional injury, illness, disability, 
                        or condition;
                            ``(iii) fear of physical, mental, 
                        or emotional injury, illness, 
                        disability, or condition, including any 
                        need for medical monitoring; and
                            ``(iv) loss of or damage to 
                        property, including business 
                        interruption loss.
                 Each of clauses (i) through (iv) applies 
                without regard to the date of the occurrence, 
                presentation, or discovery of the loss 
                described in the clause.
                    ``(B) Scope.--The immunity under paragraph 
                (1) applies to any claim for loss that has a 
                causal relationship with the administration to 
                or use by an individual of a covered 
                countermeasure, including a causal relationship 
                with the design, development, clinical testing 
                or investigation, manufacture, labeling, 
                distribution, formulation, packaging, 
                marketing, promotion, sale, purchase, donation, 
                dispensing, prescribing, administration, 
                licensing, or use of such countermeasure.
            ``(3) Certain conditions.--Subject to the other 
        provisions of this section, immunity under paragraph 
        (1) with respect to a covered countermeasure applies 
        only if--
                    ``(A) the countermeasure was administered 
                or used during the effective period of the 
                declaration that was issued under subsection 
                (b) with respect to the countermeasure;
                    ``(B) the countermeasure was administered 
                or used for the category or categories of 
                diseases, health conditions, or threats to 
                health specified in the declaration; and
                    ``(C) in addition, in the case of a covered 
                person who is a program planner or qualified 
                person with respect to the administration or 
                use of the countermeasure, the countermeasure 
                was administered to or used by an individual 
                who--
                            ``(i) was in a population specified 
                        by the declaration; and
                            ``(ii) was at the time of 
                        administration physically present in a 
                        geographic area specified by the 
                        declaration or had a connection to such 
                        area specified in the declaration.
            ``(4) Applicability of certain conditions.--With 
        respect to immunity under paragraph (1) and subject to 
        the other provisions of this section:
                    ``(A) In the case of a covered person who 
                is a manufacturer or distributor of the covered 
                countermeasure involved, the immunity applies 
                without regard to whether such countermeasure 
                was administered to or used by an individual in 
                accordance with the conditions described in 
                paragraph (3)(C).
                    ``(B) In the case of a covered person who 
                is a program planner or qualified person with 
                respect to the administration or use of the 
                covered countermeasure, the scope of immunity 
                includes circumstances in which the 
                countermeasure was administered to or used by 
                an individual in circumstances in which the 
                covered person reasonably could have believed 
                that the countermeasure was administered or 
                used in accordance with the conditions 
                described in paragraph (3)(C).
            ``(5) Effect of distribution method.--The 
        provisions of this section apply to a covered 
        countermeasure regardless of whether such 
        countermeasure is obtained by donation, commercial 
        sale, or any other means of distribution, except to the 
        extent that, under paragraph (2)(E) of subsection (b), 
        the declaration under such subsection provides that 
        subsection (a) applies only to covered countermeasures 
        obtained through a particular means of distribution.
            ``(6) Rebuttable presumption.--For purposes of 
        paragraph (1), there shall be a rebuttable presumption 
        that any administration or use, during the effective 
        period of the emergency declaration by the Secretary 
        under subsection (b), of a covered countermeasure shall 
        have been for the category or categories of diseases, 
        health conditions, or threats to health with respect to 
        which such declaration was issued.
    ``(b) Declaration by Secretary.--
            ``(1) Authority to issue declaration.--Subject to 
        paragraph (2), if the Secretary makes a determination 
        that a disease or other health condition or other 
        threat to health constitutes a public health emergency, 
        or that there is a credible risk that the disease, 
        condition, or threat may in the future constitute such 
        an emergency, the Secretary may make a declaration, 
        through publication in the Federal Register, 
        recommending, under conditions as the Secretary may 
        specify, the manufacture, testing, development, 
        distribution, administration, or use of one or more 
        covered countermeasures, and stating that subsection 
        (a) is in effect with respect to the activities so 
        recommended.
            ``(2) Contents.--In issuing a declaration under 
        paragraph (1), the Secretary shall identify, for each 
        covered countermeasure specified in the declaration--
                    ``(A) the category or categories of 
                diseases, health conditions, or threats to 
                health for which the Secretary recommends the 
                administration or use of the countermeasure;
                    ``(B) the period or periods during which, 
                including as modified by paragraph (3), 
                subsection (a) is in effect, which period or 
                periods may be designated by dates, or by 
                milestones or other description of events, 
                including factors specified in paragraph (6);
                    ``(C) the population or populations of 
                individuals for which subsection (a) is in 
                effect with respect to the administration or 
                use of the countermeasure (which may be a 
                specification that such subsection applies 
                without geographic limitation to all 
                individuals);
                    ``(D) the geographic area or areas for 
                which subsection (a) is in effect with respect 
                to the administration or use of the 
                countermeasure (which may be a specification 
                that such subsection applies without geographic 
                limitation), including, with respect to 
                individuals in the populations identified under 
                subparagraph (C), a specification, as 
                determined appropriate by the Secretary, of 
                whether the declaration applies only to 
                individuals physically present in such areas or 
                whether in addition the declaration applies to 
                individuals who have a connection to such 
                areas, which connection is described in the 
                declaration; and
                    ``(E) whether subsection (a) is effective 
                only to a particular means of distribution as 
                provided in subsection (a)(5) for obtaining the 
                countermeasure, and if so, the particular means 
                to which such subsection is effective.
            ``(3) Effective period of declaration.--
                    ``(A) Flexibility of period.--The Secretary 
                may, in describing periods under paragraph 
                (2)(B), have different periods for different 
                covered persons to address different 
                logistical, practical or other differences in 
                responsibilities.
                    ``(B) Additional time to be specified.--In 
                each declaration under paragraph (1), the 
                Secretary, after consulting, to the extent the 
                Secretary deems appropriate, with the 
                manufacturer of the covered countermeasure, 
                shall also specify a date that is after the 
                ending date specified under paragraph (2)(B) 
                and that allows what the Secretary determines 
                is--
                            ``(i) a reasonable period for the 
                        manufacturer to arrange for disposition 
                        of the covered countermeasure, 
                        including the return of such product to 
                        the manufacturer; and
                            ``(ii) a reasonable period for 
                        covered persons to take such other 
                        actions as may be appropriate to limit 
                        administration or use of the covered 
                        countermeasure.
                    ``(C) Additional period for certain 
                strategic national stockpile countermeasures.--
                With respect to a covered countermeasure that 
                is in the stockpile under section 319F-2, if 
                such countermeasure was the subject of a 
                declaration under paragraph (1) at the time 
                that it was obtained for the stockpile, the 
                effective period of such declaration shall 
                include a period when the countermeasure is 
                administered or used pursuant to a distribution 
                or release from the stockpile.
            ``(4) Amendments to declaration.--The Secretary may 
        through publication in the Federal Register amend any 
        portion of a declaration under paragraph (1). Such an 
        amendment shall not retroactively limit the 
        applicability of subsection (a) with respect to the 
        administration or use of the covered countermeasure 
        involved.
            ``(5) Certain disclosures.--In publishing a 
        declaration under paragraph (1) in the Federal 
        Register, the Secretary is not required to disclose any 
        matter described in section 552(b) of title 5, United 
        States Code.
            ``(6) Factors to be considered.--In deciding 
        whether and under what circumstances or conditions to 
        issue a declaration under paragraph (1) with respect to 
        a covered countermeasure, the Secretary shall consider 
        the desirability of encouraging the design, 
        development, clinical testing or investigation, 
        manufacture, labeling, distribution, formulation, 
        packaging, marketing, promotion, sale, purchase, 
        donation, dispensing, prescribing, administration, 
        licensing, and use of such countermeasure.
            ``(7) Judicial review.--No court of the United 
        States, or of any State, shall have subject matter 
        jurisdiction to review, whether by mandamus or 
        otherwise, any action by the Secretary under this 
        subsection.
            ``(8) Preemption of state law.--During the 
        effective period of a declaration under subsection (b), 
        or at any time with respect to conduct undertaken in 
        accordance with such declaration, no State or political 
        subdivision of a State may establish, enforce, or 
        continue in effect with respect to a covered 
        countermeasure any provision of law or legal 
        requirement that--
                    ``(A) is different from, or is in conflict 
                with, any requirement applicable under this 
                section; and
                    ``(B) relates to the design, development, 
                clinical testing or investigation, formulation, 
                manufacture, distribution, sale, donation, 
                purchase, marketing, promotion, packaging, 
                labeling, licensing, use, any other aspect of 
                safety or efficacy, or the prescribing, 
                dispensing, or administration by qualified 
                persons of the covered countermeasure, or to 
                any matter included in a requirement applicable 
                to the covered countermeasure under this 
                section or any other provision of this Act, or 
                under the Federal Food, Drug, and Cosmetic Act.
            ``(9) Report to congress.--Within 30 days after 
        making a declaration under paragraph (1), the Secretary 
        shall submit to the appropriate committees of the 
        Congress a report that provides an explanation of the 
        reasons for issuing the declaration and the reasons 
        underlying the determinations of the Secretary with 
        respect to paragraph (2). Within 30 days after making 
        an amendment under paragraph (4), the Secretary shall 
        submit to such committees a report that provides the 
        reasons underlying the determination of the Secretary 
        to make the amendment.
    ``(c) Definition of Willful Misconduct.--
            ``(1) Definition.--
                    ``(A) In general.--Except as the meaning of 
                such term is further restricted pursuant to 
                paragraph (2), the term `willful misconduct' 
                shall, for purposes of subsection (d), denote 
                an act or omission that is taken--
                            ``(i) intentionally to achieve a 
                        wrongful purpose;
                            ``(ii) knowingly without legal or 
                        factual justification; and
                            ``(iii) in disregard of a known or 
                        obvious risk that is so great as to 
                        make it highly probable that the harm 
                        will outweigh the benefit.
                    ``(B) Rule of construction.--The criterion 
                stated in subparagraph (A) shall be construed 
                as establishing a standard for liability that 
                is more stringent than a standard of negligence 
                in any form or recklessness.
            ``(2) Authority to promulgate regulatory 
        definition.--
                    ``(A) In general.--The Secretary, in 
                consultation with the Attorney General, shall 
                promulgate regulations, which may be 
                promulgated through interim final rules, that 
                further restrict the scope of actions or 
                omissions by a covered person that may qualify 
                as `willful misconduct' for purposes of 
                subsection (d).
                    ``(B) Factors to be considered.--In 
                promulgating the regulations under this 
                paragraph, the Secretary, in consultation with 
                the Attorney General, shall consider the need 
                to define the scope of permissible civil 
                actions under subsection (d) in a way that will 
                not adversely affect the public health.
                    ``(C) Temporal scope of regulations.--The 
                regulations under this paragraph may specify 
                the temporal effect that they shall be given 
                for purposes of subsection (d).
                    ``(D) Initial rulemaking.--Within 180 days 
                after the enactment of the Public Readiness and 
                Emergency Preparedness Act, the Secretary, in 
                consultation with the Attorney General, shall 
                commence and complete an initial rulemaking 
                process under this paragraph.
            ``(3) Proof of willful misconduct.--In an action 
        under subsection (d), the plaintiff shall have the 
        burden of proving by clear and convincing evidence 
        willful misconduct by each covered person sued and that 
        such willful misconduct caused death or serious 
        physical injury.
            ``(4) Defense for acts or omissions taken pursuant 
        to secretary's declaration.--Notwithstanding any other 
        provision of law, a program planner or qualified person 
        shall not have engaged in `willful misconduct' as a 
        matter of law where such program planner or qualified 
        person acted consistent with applicable directions, 
        guidelines, or recommendations by the Secretary 
        regarding the administration or use of a covered 
        countermeasure that is specified in the declaration 
        under subsection (b), provided either the Secretary, or 
        a State or local health authority, was provided with 
        notice of information regarding serious physical injury 
        or death from the administration or use of a covered 
        countermeasure that is material to the plaintiff 's 
        alleged loss within 7 days of the actual discovery of 
        such information by such program planner or qualified 
        person.
            ``(5) Exclusion for regulated activity of 
        manufacturer or distributor.--
                    ``(A) In general.--If an act or omission by 
                a manufacturer or distributor with respect to a 
                covered countermeasure, which act or omission 
                is alleged under subsection (e)(3)(A) to 
                constitute willful misconduct, is subject to 
                regulation by this Act or by the Federal Food, 
                Drug, and Cosmetic Act, such act or omission 
                shall not constitute `willful misconduct' for 
                purposes of subsection (d) if--
                            ``(i) neither the Secretary nor the 
                        Attorney General has initiated an 
                        enforcement action with respect to such 
                        act or omission; or
                            ``(ii) such an enforcement action 
                        has been initiated and the action has 
                        been terminated or finally resolved 
                        without a covered remedy.

                Any action or proceeding under subsection (d) 
                shall be stayed during the pendency of such an 
                enforcement action.
                    ``(B) Definitions.--For purposes of this 
                paragraph, the following terms have the 
                following meanings:
                            ``(i) Enforcement action.--The term 
                        `enforcement action' means a criminal 
                        prosecution, an action seeking an 
                        injunction, a seizure action, a civil 
                        monetary proceeding based on willful 
                        misconduct, a mandatory recall of a 
                        product because voluntary recall was 
                        refused, a proceeding to compel repair 
                        or replacement of a product, a 
                        termination of an exemption under 
                        section 505(i) or 520(g) of the Federal 
                        Food, Drug, and Cosmetic Act, a 
                        debarment proceeding, an investigator 
                        disqualification proceeding where an 
                        investigator is an employee or agent of 
                        the manufacturer, a revocation, based 
                        on willful misconduct, of an 
                        authorization under section 564 of such 
                        Act, or a suspension or withdrawal, 
                        based on willful misconduct, of an 
                        approval or clearance under chapter V 
                        of such Act or of a licensure under 
                        section 351 of this Act.
                            ``(ii) Covered remedy.--The term 
                        `covered remedy' means an outcome--
                                    ``(I) that is a criminal 
                                conviction, an injunction, or a 
                                condemnation, a civil monetary 
                                payment, a product recall, a 
                                repair or replacement of a 
                                product, a termination of an 
                                exemption under section 505(i) 
                                or 520(g) of the Federal Food, 
                                Drug, and Cosmetic Act, a 
                                debarment, an investigator 
                                disqualification, a revocation 
                                of an authorization under 
                                section 564 of such Act, or a 
                                suspension or withdrawal of an 
                                approval or clearance under 
                                chapter 5 of such Act or of a 
                                licensure under section 351 of 
                                this Act; and
                                    ``(II) that results from a 
                                final determination by a court 
                                or from a final agency action.
                            ``(iii) Final.--The terms `final' 
                        and `finally'--
                                    ``(I) with respect to a 
                                court determination, or to a 
                                final resolution of an 
                                enforcement action that is a 
                                court determination, mean a 
                                judgment from which an appeal 
                                of right cannot be taken or a 
                                voluntary or stipulated 
                                dismissal; and
                                    ``(II) with respect to an 
                                agency action, or to a final 
                                resolution of an enforcement 
                                action that is an agency 
                                action, mean an order that is 
                                not subject to further review 
                                within the agency and that has 
                                not been reversed, vacated, 
                                enjoined, or otherwise 
                                nullified by a final court 
                                determination or a voluntary or 
                                stipulated dismissal.
                    ``(C) Rules of construction.--
                            ``(i) In general.--Nothing in this 
                        paragraph shall be construed--
                                    ``(I) to affect the 
                                interpretation of any provision 
                                of the Federal Food, Drug, and 
                                Cosmetic Act, of this Act, or 
                                of any other applicable statute 
                                or regulation; or
                                    ``(II) to impair, delay, 
                                alter, or affect the authority, 
                                including the enforcement 
                                discretion, of the United 
                                States, of the Secretary, of 
                                the Attorney General, or of any 
                                other official with respect to 
                                any administrative or court 
                                proceeding under this Act, 
                                under the Federal Food, Drug, 
                                and Cosmetic Act, under title 
                                18 of the United States Code, 
                                or under any other applicable 
                                statute or regulation.
                            ``(ii) Mandatory recalls.--A 
                        mandatory recall called for in the 
                        declaration is not a Food and Drug 
                        Administration enforcement action.
    ``(d) Exception to Immunity of Covered Persons.--
            ``(1) In general.--Subject to subsection (f), the 
        sole exception to the immunity from suit and liability 
        of covered persons set forth in subsection (a) shall be 
        for an exclusive Federal cause of action against a 
        covered person for death or serious physical injury 
        proximately caused by willful misconduct, as defined 
        pursuant to subsection (c), by such covered person. For 
        purposes of section 2679(b)(2)(B) of title 28, United 
        States Code, such a cause of action is not an action 
        brought for violation of a statute of the United States 
        under which an action against an individual is 
        otherwise authorized.
            ``(2) Persons who can sue.--An action under this 
        subsection may be brought for wrongful death or serious 
        physical injury by any person who suffers such injury 
        or by any representative of such a person.
    ``(e) Procedures for Suit.--
            ``(1) Exclusive federal jurisdiction.--Any action 
        under subsection (d) shall be filed and maintained only 
        in the United States District Court for the District of 
        Columbia.
            ``(2) Governing law.--The substantive law for 
        decision in an action under subsection (d) shall be 
        derived from the law, including choice of law 
        principles, of the State in which the alleged willful 
        misconduct occurred, unless such law is inconsistent 
        with or preempted by Federal law, including provisions 
        of this section.
            ``(3) Pleading with particularity.--In an action 
        under subsection (d), the complaint shall plead with 
        particularity each element of the plaintiff 's claim, 
        including--
                    ``(A) each act or omission, by each covered 
                person sued, that is alleged to constitute 
                willful misconduct relating to the covered 
                countermeasure administered to or used by the 
                person on whose behalf the complaint was filed;
                    ``(B) facts supporting the allegation that 
                such alleged willful misconduct proximately 
                caused the injury claimed; and
                    ``(C) facts supporting the allegation that 
                the person on whose behalf the complaint was 
                filed suffered death or serious physical 
                injury.
            ``(4) Verification, certification, and medical 
        records.--
                    ``(A) In general.--In an action under 
                subsection (d), the plaintiff shall verify the 
                complaint in the manner stated in subparagraph 
                (B) and shall file with the complaint the 
                materials described in subparagraph (C). A 
                complaint that does not substantially comply 
                with subparagraphs (B) and (C ) shall not be 
                accepted for filing and shall not stop the 
                running of the statute of limitations.
                    ``(B) Verification requirement.--
                            ``(i) In general.--The complaint 
                        shall include a verification, made by 
                        affidavit of the plaintiff under oath, 
                        stating that the pleading is true to 
                        the knowledge of the deponent, except 
                        as to matters specifically identified 
                        as being alleged on information and 
                        belief, and that as to those matters 
                        the plaintiff believes it to be true.
                            ``(ii) Identification of matters 
                        alleged upon information and belief.--
                        Any matter that is not specifically 
                        identified as being alleged upon the 
                        information and belief of the 
                        plaintiff, shall be regarded for all 
                        purposes, including a criminal 
                        prosecution, as having been made upon 
                        the knowledge of the plaintiff.
                    ``(C) Materials required.--In an action 
                under subsection (d), the plaintiff shall file 
                with the complaint--
                            ``(i) an affidavit, by a physician 
                        who did not treat the person on whose 
                        behalf the complaint was filed, 
                        certifying, and explaining the basis 
                        for such physician's belief, that such 
                        person suffered the serious physical 
                        injury or death alleged in the 
                        complaint and that such injury or death 
                        was proximately caused by the 
                        administration or use of a covered 
                        countermeasure; and
                            ``(ii) certified medical records 
                        documenting such injury or death and 
                        such proximate causal connection.
            ``(5) Three-judge court.--Any action under 
        subsection (d) shall be assigned initially to a panel 
        of three judges. Such panel shall have jurisdiction 
        over such action for purposes of considering motions to 
        dismiss, motions for summary judgment, and matters 
        related thereto. If such panel has denied such motions, 
        or if the time for filing such motions has expired, 
        such panel shall refer the action to the chief judge 
        for assignment for further proceedings, including any 
        trial. Section 1253 of title 28, United States Code, 
        and paragraph (3) of subsection (b) of section 2284 of 
        title 28, United States Code, shall not apply to 
        actions under subsection (d).
            ``(6) Civil discovery.--
                    ``(A) Timing.--In an action under 
                subsection (d), no discovery shall be allowed--
                            ``(i) before each covered person 
                        sued has had a reasonable opportunity 
                        to file a motion to dismiss;
                            ``(ii) in the event such a motion 
                        is filed, before the court has ruled on 
                        such motion; and
                            ``(iii) in the event a covered 
                        person files an interlocutory appeal 
                        from the denial of such a motion, 
                        before the court of appeals has ruled 
                        on such appeal.
                    ``(B) Standard.--Notwithstanding any other 
                provision of law, the court in an action under 
                subsection (d) shall permit discovery only with 
                respect to matters directly related to material 
                issues contested in such action, and the court 
                shall compel a response to a discovery request 
                (including a request for admission, an 
                interrogatory, a request for production of 
                documents, or any other form of discovery 
                request) under Rule 37, Federal Rules of Civil 
                Procedure, only if the court finds that the 
                requesting party needs the information sought 
                to prove or defend as to a material issue 
                contested in such action and that the likely 
                benefits of a response to such request equal or 
                exceed the burden or cost for the responding 
                party of providing such response.
            ``(7) Reduction in award of damages for collateral 
        source benefits.--
                    ``(A) In general.--In an action under 
                subsection (d), the amount of an award of 
                damages that would otherwise be made to a 
                plaintiff shall be reduced by the amount of 
                collateral source benefits to such plaintiff.
                    ``(B) Provider of collateral source 
                benefits not to have lien or subrogation.--No 
                provider of collateral source benefits shall 
                recover any amount against the plaintiff or 
                receive any lien or credit against the 
                plaintiff's recovery or be equitably or legally 
                subrogated to the right of the plaintiff in an 
                action under subsection (d).
                    ``(C) Collateral source benefit defined.--
                For purposes of this paragraph, the term 
                `collateral source benefit' means any amount 
                paid or to be paid in the future to or on 
                behalf of the plaintiff, or any service, 
                product, or other benefit provided or to be 
                provided in the future to or on behalf of the 
                plaintiff, as a result of the injury or 
                wrongful death, pursuant to--
                            ``(i) any State or Federal health, 
                        sickness, income-disability, accident, 
                        or workers' compensation law;
                            ``(ii) any health, sickness, 
                        income-disability, or accident 
                        insurance that provides health benefits 
                        or income-disability coverage;
                            ``(iii) any contract or agreement 
                        of any group, organization, 
                        partnership, or corporation to provide, 
                        pay for, or reimburse the cost of 
                        medical, hospital, dental, or income 
                        disability benefits; or
                            ``(iv) any other publicly or 
                        privately funded program.
            ``(8) Noneconomic damages.--In an action under 
        subsection (d), any noneconomic damages may be awarded 
        only in an amount directly proportional to the 
        percentage of responsibility of a defendant for the 
        harm to the plaintiff. For purposes of this paragraph, 
        the term `noneconomic damages' means damages for losses 
        for physical and emotional pain, suffering, 
        inconvenience, physical impairment, mental anguish, 
        disfigurement, loss of enjoyment of life, loss of 
        society and companionship, loss of consortium, hedonic 
        damages, injury to reputation, and any other 
        nonpecuniary losses.
            ``(9) Rule 11 sanctions.--Whenever a district court 
        of the United States determines that there has been a 
        violation of Rule 11 of the Federal Rules of Civil 
        Procedure in an action under subsection (d), the court 
        shall impose upon the attorney, law firm, or parties 
        that have violated Rule 11 or are responsible for the 
        violation, an appropriate sanction, which may include 
        an order to pay the other party or parties for the 
        reasonable expenses incurred as a direct result of the 
        filing of the pleading, motion, or other paper that is 
        the subject of the violation, including a reasonable 
        attorney's fee. Such sanction shall be sufficient to 
        deter repetition of such conduct or comparable conduct 
        by others similarly situated, and to compensate the 
        party or parties injured by such conduct.
            ``(10) Interlocutory appeal.--The United States 
        Court of Appeals for the District of Columbia Circuit 
        shall have jurisdiction of an interlocutory appeal by a 
        covered person taken within 30 days of an order denying 
        a motion to dismiss or a motion for summary judgment 
        based on an assertion of the immunity from suit 
        conferred by subsection (a) or based on an assertion of 
        the exclusion under subsection (c)(5).
    ``(f) Actions by and Against the United States.--Nothing in 
this section shall be construed to abrogate or limit any right, 
remedy, or authority that the United States or any agency 
thereof may possess under any other provision of law or to 
waive sovereign immunity or to abrogate or limit any defense or 
protection available to the United States or its agencies, 
instrumentalities, officers, or employees under any other law, 
including any provision of chapter 171 of title 28, United 
States Code (relating to tort claims procedure).
    ``(g) Severability.--If any provision of this section, or 
the application of such provision to any person or 
circumstance, is held to be unconstitutional, the remainder of 
this section and the application of such remainder to any 
person or circumstance shall not be affected thereby.
    ``(h) Rule of Construction Concerning National Vaccine 
Injury Compensation Program.--Nothing in this section, or any 
amendment made by the Public Readiness and Emergency 
Preparedness Act, shall be construed to affect the National 
Vaccine Injury Compensation Program under title XXI of this 
Act.
    ``(i) Definitions.--In this section:
            ``(1) Covered countermeasure.--The term `covered 
        countermeasure' means--
                    ``(A) a qualified pandemic or epidemic 
                product (as defined in paragraph (7));
                    ``(B) a security countermeasure (as defined 
                in section 319F-2(c)(1)(B)); or
                    ``(C) a drug (as such term is defined in 
                section 201(g)(1) of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 321(g)(1)), 
                biological product (as such term is defined by 
                section 351(i) of this Act), or device (as such 
                term is defined by section 201(h) of the 
                Federal Food, Drug and Cosmetic Act (21 U.S.C. 
                321(h)) that is authorized for emergency use in 
                accordance with section 564 of the Federal 
                Food, Drug, and Cosmetic Act.
            ``(2) Covered person.--The term `covered person', 
        when used with respect to the administration or use of 
        a covered countermeasure, means--
                    ``(A) the United States; or
                    ``(B) a person or entity that is--
                            ``(i) a manufacturer of such 
                        countermeasure;
                            ``(ii) a distributor of such 
                        countermeasure;
                            ``(iii) a program planner of such 
                        countermeasure;
                            ``(iv) a qualified person who 
                        prescribed, administered, or dispensed 
                        such countermeasure; or
                            ``(v) an official, agent, or 
                        employee of a person or entity 
                        described in clause (i), (ii), (iii), 
                        or (iv).
            ``(3) Distributor.--The term `distributor' means a 
        person or entity engaged in the distribution of drugs, 
        biologics, or devices, including but not limited to 
        manufacturers; repackers; common carriers; contract 
        carriers; air carriers; own-label distributors; 
        private-label distributors; jobbers; brokers; 
        warehouses, and wholesale drug warehouses; independent 
        wholesale drug traders; and retail pharmacies.
            ``(4) Manufacturer.--The term `manufacturer' 
        includes--
                    ``(A) a contractor or subcontractor of a 
                manufacturer;
                    ``(B) a supplier or licenser of any 
                product, intellectual property, service, 
                research tool, or component or other article 
                used in the design, development, clinical 
                testing, investigation, or manufacturing of a 
                covered countermeasure; and
                    ``(C) any or all of the parents, 
                subsidiaries, affiliates, successors, and 
                assigns of a manufacturer.
            ``(5) Person.--The term `person' includes an 
        individual, partnership, corporation, association, 
        entity, or public or private corporation, including a 
        Federal, State, or local government agency or 
        department.
            ``(6) Program planner.--The term `program planner' 
        means a State or local government, including an Indian 
        tribe, a person employed by the State or local 
        government, or other person who supervised or 
        administered a program with respect to the 
        administration, dispensing, distribution, provision, or 
        use of a security countermeasure or a qualified 
        pandemic or epidemic product, including a person who 
        has established requirements, provided policy guidance, 
        or supplied technical or scientific advice or 
        assistance or provides a facility to administer or use 
        a covered countermeasure in accordance with a 
        declaration under subsection (b).
            ``(7) Qualified pandemic or epidemic product.--The 
        term `qualified pandemic or epidemic product' means a 
        drug (as such term is defined in section 201(g)(1) of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        321(g)(1)), biological product (as such term is defined 
        by section 351(i) of this Act), or device (as such term 
        is defined by section 201(h) of the Federal Food, Drug 
        and Cosmetic Act (21 U.S.C. 321(h)) that is--
                    ``(A)(i) a product manufactured, used, 
                designed, developed, modified, licensed, or 
                procured--
                            ``(I) to diagnose, mitigate, 
                        prevent, treat, or cure a pandemic or 
                        epidemic; or
                            ``(II) to limit the harm such 
                        pandemic or epidemic might otherwise 
                        cause; or
                    ``(ii) a product manufactured, used, 
                designed, developed, modified, licensed, or 
                procured to diagnose, mitigate, prevent, treat, 
                or cure a serious or life-threatening disease 
                or condition caused by a product described in 
                clause (i); and
                    ``(B)(i) approved or cleared under chapter 
                V of the Federal Food, Drug, and Cosmetic Act 
                or licensed under section 351 of this Act;
                    ``(ii) the object of research for possible 
                use as described by subparagraph (A) and is the 
                subject of an exemption under section 505(i) or 
                520(g) of the Federal Food, Drug, and Cosmetic 
                Act; or
                    ``(iii) authorized for emergency use in 
                accordance with section 564 of the Federal 
                Food, Drug, and Cosmetic Act.
            ``(8) Qualified person.--The term `qualified 
        person', when used with respect to the administration 
        or use of a covered countermeasure, means--
                    ``(A) a licensed health professional or 
                other individual who is authorized to 
                prescribe, administer, or dispense such 
                countermeasures under the law of the State in 
                which the countermeasure was prescribed, 
                administered, or dispensed; or
                    ``(B) a person within a category of persons 
                so identified in a declaration by the Secretary 
                under subsection (b).
            ``(9) Security countermeasure.--The term `security 
        countermeasure' has the meaning given such term in 
        section 319F-2(c)(1)(B).
            ``(10) Serious physical injury.--The term `serious 
        physical injury' means an injury that--
                    ``(A) is life threatening;
                    ``(B) results in permanent impairment of a 
                body function or permanent damage to a body 
                structure; or
                    ``(C) necessitates medical or surgical 
                intervention to preclude permanent impairment 
                of a body function or permanent damage to a 
                body structure.''.

SEC. 3. COVERED COUNTERMEASURE PROCESS.

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

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

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

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

                               DIVISION A

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

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

              Definition of Program, Project, and Activity

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

                            Classified Annex

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


  Reprogramming and Reporting Guidance for Basic Allowance for Housing

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

                          Composite Pay Rates

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

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

                                                            
                                                            
      

                    Adjustments to Budget Activities

      Adjustment to the budget activities is as follows:

Undistributed:          [In thousands of dollars]
    3200 Unobligated Balances.................................  -209,400
      
    
    
      

                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

Undistributed:          [In thousands of dollars]
    9550 Unobligated Balances.................................  -192,000
    9630 Navy Force Shaping Tools.............................   -52,000
      
    
    
      

                    Adjustments to Budget Activities

    Adjustment to the budget activities is as follows:

Undistributed:          [In thousands of dollars]
    14315 Unobligated Balances................................   -56,100
      
    
    
                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

Undistributed:          [In thousands of dollars]
    19620 Unobligated Balances................................  -297,900
    19625 B-52 Attrition Reserve..............................     2,800

                   NATIONAL GUARD AND RESERVE FORCES

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

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

               Reserve Components Budget Structure Change

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:
  
Undistributed:          [In thousands of dollars]
    23800 Unobligated Balances................................    19,800
    23810 Reserves Cost Avoidance.............................    56,800
  


      

                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

Undistributed:          [In thousands of dollars]
    25300 Unobligated Balances................................   -52,300
    25370 Reserves Cost Avoidance.............................   -36,000


      

                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

Undistributed:          [In thousands of dollars]
    26600 Unobligated Balances................................    -1,600
    26650 Reserves Cost Avoidance.............................    -6,600


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

Undistributed:          [In thousands of dollars]
    27900 Unobligated Balances................................   -18,200
    27910 Reserves Cost Avoidance.............................    -4,700
    27930 932nd Airlift Wing Personnel........................     4,700


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

Undistributed:          [In thousands of dollars]
    29350 Unobligated Balances................................   -11,600
    29410 Reserves Cost Avoidance.............................  -200,000
    29435 Lewis and Clark Bicentennial Activities.............     1,600

           Lewis and Clark Bicentennial Commemoration Support

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


      

                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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


              Response of Federal Government to Disasters

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

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

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

                        Ground Source Heat Pumps

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

                    Military to Civilian Conversions

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

   Reprogramming and Reporting Guidance for Facilities Sustainment, 
                     Restoration and Modernization

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

                        [In thousands of dollars]

Budget Activity 1: Operating Forces
    250 Leakproof Transmission Drip Pans................           2,620
    250 Modular General Purpose Tent System (MGPTS).....           2,620
    250 Lightweight Maintenance Enclosure...............             500
    250 Small All-Terrain Military Utility Vehicle (M-
      Gator)............................................      (title IX)
    300 Tactical Operations Centers (ELAMS/MECCS) for 
      USASOC............................................           3,400
    400 RFI Sustainment Peace Time Offset...............        -103,000
    450 Efficiencies in Administrative and Support 
      Activities........................................          -5,000
    450 Contractor Logistics Support Unjustified Growth.          -7,000
    450 USARPAC Core Warfighting C4 Network 
      Infrastructure....................................          11,480
    550 Unjustified Growth in Operations Support Costs..         -20,000
    550 Cognitive Air Defense Simulators (CADS).........           1,500
    550 Fleece Insulated Liners for ECWCS...............           4,000
    550 Grenade Range Improvements at Fort Knox.........           1,000
    550 Rx-Capable Dual Sized Ballistic Protective 
      Eyewear Protection System.........................           4,200
    550 Battle Command Training Capability..............           3,900
    550 USARPAC Deployable C4 Systems...................           1,700
    550 Chem/Bio Resistant Hydration on the Move (from 
      line 250).........................................           1,000
    600 Peace Time Systems Readiness Support Offset.....         -83,000
    600 Corrosion Prevention and Control Program........           1,000
    600 Golden Hour Technology Containers...............           5,000
    600 Alaska Land Mobile Radio (ALMR).................           3,400
    600 Ground Forces Readiness Enabler for Advanced 
      Tactical Vehicles.................................           1,000
    600 USARPAC GCCS Operations.........................           1,190
    650 Remanufactured Generator Engines................           1,000
    650 Depot Maintenance Peace Time Work Load 
      Adjustment........................................        -344,800
    750 Unsupported Growth in Utilities Privatization...         -15,000
    750 High Performance Conflict Resolution, Skill 
      Development, and Team Building....................           1,700
    750 Service-Wide Safety: Breathscan Alcohol 
      Detectors.........................................           3,400
    750 Strengthening the Quality of Life for Military 
      Families..........................................             650
    750 Army Conservation and Ecosystem Management......           4,000
    750 Fort Wainwright Utilidor Repairs................           8,500
    750 Lewis Educational Area at Fort Lewis, WA........             400
    800 Undistributed Increase for SRM..................          20,000
    800 Roof for Building 299 Rock Island Arsenal.......           5,600
    850 Unjustified Growth in Management Headquarters...          -5,000
    950 Streamlined Assistance to the Severely Wounded..           1,000
Budget Activity 2: Mobilization
    1200 Quadruple Specialty Containers.................           3,000
    1300 Rock Island Arsenal Industrial Mobilization 
      Capacity..........................................           7,000
Budget Activity 3: Training and Recruiting
    1500 Unjustified Growth in Library Cost (From line 
      2850).............................................          -5,000
    1650 Early Commissioning Program at Military Junior 
      Colleges..........................................           1,200
    1650 Air Battle Captain.............................           2,000
    1850 Global Language Online Support System (GLOSS)..           1,680
    1850 On-Line Automated Diagnostic Assessment of 
      Language Proficiency..............................           1,000
    1850 DLI--Language Laboratory Acquisition...........           2,125
    1850 Military Police Training at the Multi-
      Jurisdictional Counter-Drug Task Force Training 
      (MCTFT)...........................................           1,000
    1850 Virtual Interactive Training and Assessment 
      System (VITAS)....................................           1,700
    1850 Joint Air Defender Simulation at Fort Bliss....           2,100
    1850 Language Acquisition Program for Army Officers.             150
    1850 Military Surgeon Training Initiative for 
      Special Operations Combat Medic Training Program..           2,000
    1850 Multipurpose Law Enforcement Academy for 
      Military Police...................................           1,000
    1850 Satellite Communications for Learning..........           2,100
    1950 Leadership for Leaders at CGSC/CAL and KSU.....           1,000
    2000 Training Doctrine Development Unsupported 
      Growth............................................         -11,300
    2000 Automated Delivery of the DLAB and Research on 
      the Next Generation Aptitude Test.................           1,000
    2000 Live Training Instrumentation for Air & Missile 
      Defense Units.....................................           2,100
    2000 Crossroad Cluster Communities at Fort Knox.....           1,000
    2000 Army Distributed Learning System...............           1,000
    2300 Mobilizing Educational Technology to Support 
      Combat Deployment.................................           1,000
    2300 USARAK Online Technology Training Program......           1,000
    2300 On-line Technology Training Program at Joint 
      Base Lewis/McChord................................           1,400
    2350 Intern Program Unsupported Growth..............         -32,000
    2400 Philadelphia Military Academies................             100
Budget Activity 4: Administration and Service-Wide 
    Activities
    2650 Adjustment to Classified Program...............          22,090
    2650 Unattended Ground Sensors......................           1,400
    2650 Biometrics Identity System for Access..........             750
    2750 Peace time offset for Depot Maintenance 
      Transportation, Port Operations, and Traffic 
      Management Support................................         -68,000
    2800 Sustainment System Technical Support Peace Time 
      Offset............................................        -116,000
    2800 Pulse Technology--Army Battery Management 
      Program...........................................           2,520
    2800 Advanced Technology Batteries..................           1,750
    2800 Aviation/Missile Life Cycle Management Command 
      Integrated Digital Environment Pilot Program......           1,000
    2850 Common Logistics Operating Environment.........           1,800
    2850 Sense and Respond Logistics....................           1,200
    2850 TACOM Life Cycle Management Command Integrated 
      Digital Environment Pilot Program.................           1,000
    2850 Joint U.S. Army and USMC Autonomic Logistics 
      Prototype.........................................           1,000
    2850 Controlled Humidity Preservation Program, Soft 
      Portable Tunnels..................................           1,000
    2850 Information Assurance Vulnerability Alert 
      (IAVA) Cell.......................................           1,500
    2850 Standard Army Maintenance System--Enhanced.....           5,000
    3000 Jam Resistant Secure Communications (Transfer 
      to OPA)...........................................         -16,500
    3000 Salute Our Services/Kids Serve 2...............           1,000
    3050 Communications Unsupported Growth..............         -11,000
    3200 Memorial Day...................................             900
    3650 Western Hemisphere Information Exchange Program           1,250
Undistributed:
    3715 Working Capital Fund Excess Carryover..........         -94,700
    3730 Repairs at Fort Baker..........................           2,000
    4100 Administration and Service-Wide Activities.....          -8,400
    4110 Civilian Pay Overstatement.....................         -17,000
    4130 Military to Civilian Conversions...............         -47,000
    4139 Unobligated Balances...........................         -92,000
    4140 Peace Time Training Offset.....................        -250,000
    4145 Audit of DoD Financial Systems.................         -28,000
    4150 Defense Information System Network Costs.......         -12,500
    4160 Arctic Winter Games............................             500

                    Industrial Mobilization Capacity

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

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

          Reaction Force Facility Berthing, Kings Bay, Georgia

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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

                            F-117 Nighthawk

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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

              Service-Wide Safety Alcohol Breath Detectors

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

                 National Guard Youth Challenge Program

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

                       Unique Item Identification

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

            Defense Prisoner of War/Missing Personnel Office

      The conferees are aware that the Defense Prisoner of War/
Missing Personnel Office (DPMO) provides information and 
communication to families, veteran's organizations and the 
public on issues pertaining to personnel recovery and 
accounting for Americans from past conflicts. The conferees 
encourage this office to continue its outreach efforts, annual 
conferences, and meetings

      
with the POW/Missing Personnel families to ensure those family 
members have updated information concerning the status of the 
recovery of their loved ones.
      
    
    
                    Adjustment to Budget Activities

      Adjustments to the budget activities are as follows:

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


      

                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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

            Overseas Contingency Operations Transfer Account

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army

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

                    Environmental Restoration, Navy

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

                  Environmental Restoration, Air Force

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

                Environmental Restoration, Defense-Wide

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

         Environmental Restoration, Formerly Used Defense Sites

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

             Overseas Humanitarian, Disaster, and Civil Aid

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

              Former Soviet Union Threat Reduction Account

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


                  Reprogramming Reporting Requirements

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

                         Special Interest Items

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

            Reprogramming Guidance for Acquisition Accounts

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

                             C-130J/KC-130J

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


          Guided Multiple Launch Rocket System (GMLRS) Unitary

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


         Objective Individual Combat Weapon (OICW) Increment I

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


                 Life Cycle Management Commands (LCMC)

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


                Live Fire Trainer Shoot House Deployment

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

                     Battlefield Operating Systems

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


                       MH-60R Helicopter Program

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


             Joint Direct Attack Munition Laser Capability

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


                      Cost Growth Resolution Plan

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

                             LHA(R) Funding

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

                      Littoral Combat Ship Report

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


                     SSBN Transit Protection System

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

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

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


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

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

                      F/A-22 Titanium Requirements

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

                               Predator B

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

                      Operational Support Aircraft

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


                 Joint Air-to-Surface Standoff Missile

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

                Evolved Expandable Launch Vehicle (EELV)

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


                       Advanced SEAL Delivery System (ASDS)

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


                  NATIONAL GUARD AND RESERVE EQUIPMENT

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

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

                       Items of Special Interest

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

                    DEFENSE PRODUCTION ACT PURCHASES

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

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

       Amplifying Fluorescent Polymer-Based IED Detection Devices

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


                         Special Interest Items

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

 Reprogramming Guidance for Research, Development, Test and Evaluation 
                                Accounts

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

                   Joint Tactical Radio System (JTRS)

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

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

        Total.................................................   -68,637
Grand Total...................................................  -334,337


                       Joint Common Missile (JCM)

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

                       Future Combat System (FCS)

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

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

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

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

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

                       Multi-Sensor Architecture

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

  Flexible Electronics Research Initiative for Army Soldiers (FERIAS)

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

                Applied and Clinical Prosthetic Research

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

                          Preventive Medicine

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

                           Chiropractic Care

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


                 Advanced Submarine System Development

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

                   Joint Tactical Radio System--Navy

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

           University National Ocean Laboratory System Fleet

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

                        Military Dental Research

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


                              Space Radar

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

                     Transformational SATCOM (TSAT)

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

               Joint Unmanned Combat Air Systems (J-UCAS)

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

                   Combat Search and Rescue (CSAR-X)

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

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

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

            Real-Time Measurement Weight and Balance System

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


                            Initiative Funds

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

                Chemical and Biological Defense Program

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

                     Operationally Responsive Space

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

                       Asymmetric Missile Threat

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

                       Kinetic Energy Interceptor

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

                                 NFIRE

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

                       High Performance Computing

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

                        Identity Authentication

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


                TITLE V--REVOLVING AND MANAGEMENT FUNDS


                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

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

                    T-AKE Dry Cargo/Ammunition Ship

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


         Reprogramming Guidance for the Defense Health Program

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

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

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

                          Private Sector Care

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

    GAO Report Request on the Department of Defense Pharmacy Program

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

                 Peer Reviewed Medical Research Program

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

            Defense and Veterans Head Injury Program Funding

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

     Blast Injury Prevention, Mitigation, and Treatment Initiative

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

                   Smoking and Tobacco Use Cessation

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

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

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

            Special Mental Health Care--TRICARE South Region

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

                         DoD/VA Patient Records

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


         Blue Grass and Pueblo Chemical Demilitarization Sites

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

         Drug Interdiction and Counter-Drug Activities, Defense

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

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

                    Office of the Inspector General

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

                      TITLE VII--RELATED AGENCIES


   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account


                     (INCLUDING TRANSFER OF FUNDS)

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

                     TITLE VIII--GENERAL PROVISIONS

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

                             (RESCISSIONS)

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

       The conferees include a general provision (Section 8079) 
which amends language, as proposed by the House and Senate, to 
provide for the waiver of payment for the lease of personal 
property for certain non-profit organizations.
      The conferees include a general provision (Section 8084) 
which amends language, as proposed by the House, to provide 
funds for additional Fisher Houses.
       The conferees include a general provision (Section 8086) 
which amends language, as proposed by the House and the Senate, 
to reduce funds available in Operation and Maintenance accounts 
by $265,000,000 for excessive growth in other contracted 
services.
      The conferees include a general provision (Section 8087) 
which amends language, as proposed by the House and the Senate, 
to reduce funds available in Operation and Maintenance accounts 
by $100,000,000 for excessive growth in advisory and assistance 
services.
      The conferees include a general provision (Section 8088) 
which amends language, as proposed by the House and Senate, 
concerning the Arrow missile defense program. The conference 
agreement provides a total of $132,866,000 for the Arrow 
program of which $60,250,000 is earmarked for missile component 
co-production, and $100,000,000 is earmarked only for a joint 
feasibility study on a Short Range Ballistic Missile Defense 
initiative.
       The conferees include a general provision (Section 8094) 
which amends language, as proposed by the House and Senate, to 
reduce amounts available in title II by $250,000,000 to reflect 
cash balance and rate stabilization adjustments.
      The conferees include a general provision (Section 8095) 
which amends language, as proposed by the House, to provide 
funds for a grant to the Center for Military Recruitment, 
Assessment and Veterans Employment.
       The conferees include a general provision (Section 8097) 
which amends language, as proposed by the Senate, to provide up 
to $2,125,000 from funds available in ``Operation and 
Maintenance, Navy'' in this Act for the Pacific Missile Range 
Facility to contract for the repair, maintenance, operation of 
off-base water, drainage, flood control, electrical upgrades, 
and for a range footprint expansion.
      The conferees include a general provision (Section 8098) 
which amends language, as proposed by the House and the Senate, 
which provides $33,350,000 for grants to various organizations.
      The conferees include a new general provision (Section 
8099) which provides that, subject to certain limitations, the 
Secretary of the military department concerned may make a 
military working dog available for adoption by its former 
handler.
      The conferees include a general provision (Section 8105) 
which amends language, as proposed by the House, which earmarks 
up to $7,000,000 from funds available in ``Operation and 
Maintenance, Army'' only for improvements on Fort Irwin Road, 
and which earmarks $4,800,000 from funds available in 
``Operation and Maintenance, Marine Corps'', for a grant to 
widen and make safety improvements on Adobe Road.
      The conferees include a general provision (Section 8108) 
which amends language, as proposed by the House and Senate, 
regarding transfer authority for Navy ship construction 
programs. The amendment allows up to $100,000,000 in special 
transfer authority. This authority is provided to the Secretary 
of Defense, and requires prior notification to the Congress.
      The conferees include a general provision (Section 8111) 
which amends language, as proposed by the House and the Senate, 
which reduces $361,000,000 from certain procurement accounts.
      The conferees include a general provision (Section 8117) 
which amends language, as proposed by the Senate, which makes 
certain findings regarding past budgeting for ongoing military 
operations, and expresses a sense of the Senate that funding 
for continuing military operations beyond fiscal year 2006 
should be included in the annual budget request; that the 
President should submit a budget request for fiscal year 2006 
providing estimates for ongoing military operations overseas; 
and that funds provided for ongoing military operations should 
be provided in specific appropriations accounts.
      The conferees include a general provision (Section 8118) 
which amends language, as proposed by the Senate, which amends 
section 351 of the Ronald W. Reagan National Defense 
Authorization Act for fiscal year 2005 directing reimbursement 
to members of the military for the cost of certain protective, 
safety, or health equipment purchased by or for members of the 
Armed Forces for deployment in Operation Noble Eagle, Operation 
Iraqi Freedom, and Operation Enduring Freedom; adding certain 
items eligible for reimbursement; and extending the authorized 
time frame for purchase of equipment eligible for reimbursement 
until April 1, 2006.
      The conferees include a general provision (Section 8120) 
which amends language, as proposed by the Senate, which 
requires the Secretary of Defense to report on the status of 
the implementation of the recommendations of the Government 
Accountability Office (GAO) report concerning the transition 
assistance program (TAP).
      The conferees include a general provision (Section 8124) 
which amends language, as proposed by the Senate, to increase 
the rate of basic pay of the senior enlisted advisor for the 
Chairman of the Joint Chiefs of Staff.
      The conferees include a new general provision (Section 
8125) which reduces funding provided in titles II, III, and IV 
of this Act by a total of $771,300,000 to reflect savings from 
revised economic assumptions.
      The conferees include a new general provision (Section 
8127) which provides authorization for the Secretary of Defense 
to prescribe regulations to clarify gift acceptance policy for 
injured service members and their families.
      The conferees include a new general provision (Section 
8128) which amends the Alaska Natural Gas Pipeline Act to 
provide for a technical correction.
      The conferees include a new general provision (Section 
8129) which allows the U.S. Capitol attending physician to 
continue on active duty.
      The conferees include a new title X concerning matters 
relating to detainees, the ``Detainee Treatment Act of 2005''.

                  TITLE IX--ADDITIONAL APPROPRIATIONS

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


                         Reporting Requirements

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

                           Military Personnel

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


                       Operation and Maintenance

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


             Home Station Readiness Training and Logistics

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

                           Iraq Freedom Fund

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

                              Procurement

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


                  National Guard and Reserve Equipment

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

               Research, Development, Test and Evaluation

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


           Interoperable Communications in Disaster Response

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

                          Joint Network Nodes

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

              Improvised Explosive Device Countermeasures

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

                     General Provisions--This Title

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

                   Conference Total--With Comparisons

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

                        [In thousands of dollars]

New budget (obligational) authority, fiscal year 2005...    $467,128,020
Budget estimates of new (obligational) authority, fiscal 
    year 2006...........................................     397,214,410
House bill, fiscal year 2006\1\.........................     439,456,182
Senate bill, fiscal year 2006...........................     445,448,117
Conference agreement, fiscal year 2006..................     442,789,753
Conference agreement compared with:.....................
    New budget (obligational) authority, fiscal year 
      2005..............................................     -24,338,267
    Budget estimates of new (obligational) authority, 
      fiscal year 2006..................................     +45,575,343
    House bill, fiscal year 2006........................      +3,333,571
    Senate bill, fiscal year 2006.......................      -2,658,364

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

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


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


                               CHAPTER 1


                       DEPARTMENT OF AGRICULTURE


                          Executive Operations


                          Working Capital Fund

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

                     Agricultural Research Service


                        BUILDINGS AND FACILITIES

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

                       Rural Development Programs


                  RURAL COMMUNITY ADVANCEMENT PROGRAM

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

                         Rural Housing Service


              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

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

                    RURAL HOUSING ASSISTANCE GRANTS

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

                        Rural Utilities Service


   RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT

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

                       Food and Nutrition Service


                      COMMODITY ASSISTANCE PROGRAM

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 2


                     DEPARMENT OF DEFENSE--MILITARY

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

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

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

                        [In thousands of dollars]
------------------------------------------------------------------------
                    Account                       Request     Conference
------------------------------------------------------------------------
Military Personnel:
    Military Personnel, Army..................       29,830       29,830
    Military Personnel, Navy..................       57,691       57,691
    Military Personnel, Marine Corps..........       14,193       14,193
    Military Personnel, Air Force.............      105,034      105,034
    Reserve Personnel, Army...................       11,100       11,100
    Reserve Personnel, Navy...................       33,015       33,015
    Reserve Personnel, Marine Corps...........        3,028        3,028
    Reserve Personnel, Air Force..............        2,370        2,370
    National Guard Personnel, Army............      220,556      220,556
    National Guard Personnel, Air Force.......       77,718       77,718
                                               -------------------------
        Total Military Personnel..............      554,535      554,535

Operation and Maintenance:
    O&M, Army.................................      156,166      156,166
    O&M, Navy.................................      543,590      544,690
    O&M, Marine Corps.........................        7,343        7,343
    O&M, Air Force............................      554,252      554,252
    O&M, Defense-Wide.........................       29,027       29,027
    O&M, Army Reserve.........................       16,118       16,118
    O&M, Navy Reserve.........................      480,084      480,084
    O&M, Marine Corps Reserve.................       16,331       16,331
    O&M, Air Force Reserve....................        2,366        2,366
    O&M, Army National Guard..................       98,855       98,855
    O&M, Air National Guard...................       48,086       48,086
                                               -------------------------
        Total Operation and Maintenance.......    1,952,218    1,953,318

Procurement:
    Procurement of WTCV, Army.................        1,600        1,600
    Procurement of Ammunition, Army...........        1,000        1,000
    Other Procurement, Army...................        1,390       43,390
    Aircraft Procurement, Navy................        3,856        3,856
    Procurement of Ammunition, Navy & Marine          2,600        2,600
     Corps....................................
    Shipbuilding and Conversion, Navy.........    1,987,000    1,987,000
    Other Procurement, Navy...................       89,675       76,675
    Other Procurement, Air Force..............      170,300      162,315
    Procurement, Defense-Wide.................       12,082       12,082
    National Guard and Reserve Equipment......       19,260       19,260
                                               -------------------------
        Total Procurement.....................    2,288,763    2,309,778

Research, Development, Test and Evaluation:
    RDT&E, Navy...............................       27,612        2,462
    RDT&E, Air Force..........................        6,200        6,200
    RDT&E Defense-Wide........................       32,720       32,720
                                               -------------------------
        Total RDT&E...........................       66,532       41,382

Revolving and Management Funds:
    Defense Working Capital Funds.............        7,224        7,224

Trust Funds:
    Surcharge Collections, Sales of Commissary       44,341       44,341
     Stores, Defense..........................

Other Department of Defense Programs:
    Defense Health Program O&M................      161,858      172,958
    Defense Health Program Procurement........       39,692       28,592
    Office of the Inspector General--Evac                30           30
     Personnel................................
    Office of the Inspector General--Equipment          280          280
     Repair...................................
                                               -------------------------
        Total Other DoD Programs..............      201,860      201,860

    General Provision--Transfer Authority [Non    [750,000]    [500,000]
     add].....................................
                                               -------------------------
        Total.................................    5,115,473    5,112,438
                                               =========================
    General Reduction.........................                 (737,089)
        Grand Total...........................                 4,375,349
------------------------------------------------------------------------

                          Classified Programs

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

                         Reporting Requirements

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

                           MILITARY PERSONNEL

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


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

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

                      Basic Allowance for Housing

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

                       OPERATION AND MAINTENANCE

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


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

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

                              PROCUREMENT

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


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

                   Oversight of Procurement Programs

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

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


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

                     REVOLVING AND MANAGEMENT FUNDS


                     Defense Working Capital Funds

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

                              Trust Funds


       Surcharge Collections, Sales of Commissary Stores, Defense

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS


                         Defense Health Program

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

                         Keesler Medical Center

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

                    Office of the Inspector General

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

                    General Provisions--This Chapter

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

                               CHAPTER 3


                      DEPARTMENT OF DEFENSE--CIVIL


                         DEPARTMENT OF THE ARMY


                       Corps of Engineers--Civil

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

                             INVESTIGATIONS

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

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

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

                              CONSTRUCTION

      Funds totaling $101,417,000 are provided to repair flood 
and storm damage reduction, commercial navigation and other 
projects damaged by Hurricanes Katrina, Rita, Ophelia and 
Wilma.
      Citing a lack of authorization, the conferees did not 
provide the request of $250,000,000 for coastal mitigation; 
however, a total of $96,000,000 is available in fiscal year 
2006 for activities related to improving the Gulf Coast coastal 
wetlands to reduce the risk of storm damage to the greater New 
Orleans metropolitan area. In this Act, $11,000,000 is provided 
to further the Louisiana Coastal study in the Investigations 
account, together with $10,000,000 provided in the Energy and 
Water Development Appropriations Act, 2006. In addition, 
$75,000,000 is provided in this Act in the Operations and 
Maintenance account for authorized activities to preserve and 
maintain existing wetlands, enhance estuarine habitat and 
provide erosion protection for hurricane protection projects. 
The conferees encourage the Administration to submit a 
legislative proposal to the appropriate authorizing committees 
for full and further consideration.

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

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

                       OPERATION AND MAINTENANCE

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

                 FLOOD CONTROL AND COASTAL EMERGENCIES

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

New Orleans to Venice, LA...............................     $32,487,000
West Bank and Vicinity, LA..............................     147,614,000
Lake Pontchartrain and Vicinity, LA.....................     120,554,000
Southeast Louisiana, LA.................................     224,755,000
Larose to Golden Meadow, LA.............................       4,026,000
Grand Isle, LA..........................................      15,024,000

      The conference agreement includes $70,000,000 to prepare 
for flood, hurricane and other natural disasters and support 
emergency operations, repairs, and other activities in response 
to flood and hurricane emergencies, as authorized by law. 
Funding is provided to cover annual recurring costs of the 
program as well as costs related to recent natural disasters. 
The Army Corps of Engineers is directed to include recurring 
annual funding requirements for this program in its fiscal year 
2007 budget request and to address event-related costs in the 
appropriate emergency supplemental requests.
       The conference agreement includes approximately 
$468,000,000 to reimburse projects from which funds were 
transferred to meet emergency requirements.

                            GENERAL EXPENSES

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

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

            Office of the Secretary and Executive Management

                            OFFICE OF POLICY

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

                     Customs and Border Protection

                         SALARIES AND EXPENSES

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

                              CONSTRUCTION

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

                  Immigration and Customs Enforcement

                         SALARIES AND EXPENSES

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

                       United States Coast Guard

                           OPERATING EXPENSES

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

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

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

                          OIL SPILL LIABILITY

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

                      United States Secret Service


                         SALARIES AND EXPENSES

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

                    Office for Domestic Preparedness


                        STATE AND LOCAL PROGRAMS

      The conferees agree to provide $10,300,000 for 
replacement equipment for the Prepositioned Equipment Program 
utilized during Hurricane Katrina.
      The conferees agree notification required by Section 508 
of Public Law 109-90 shall include any announcements of grant 
eligibility in which the Department limits the number or type 
of potential grantees.

                  Federal Emergency Management Agency


                 ADMINISTRATIVE AND REGIONAL OPERATIONS

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

                         PUBLIC HEALTH PROGRAMS

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

                            DISASTER RELIEF

                          (TRANSFER OF FUNDS)

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

                    GENERAL PROVISION--THIS CHAPTER

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

                               CHAPTER 5


                       DEPARTMENT OF THE INTERIOR


                United States Fish and Wildlife Service


                              CONSTRUCTION

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

                         National Park Service


                              CONSTRUCTION

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

                    United States Geological Survey


                 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

                      Minerals Management Service


                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

                    Environmental Protection Agency


                LEAKING UNDERGROUND STORAGE TANK PROGRAM

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

                       DEPARTMENT OF AGRICULTURE


                             Forest Service


                       STATE AND PRIVATE FORESTRY

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

                         NATIONAL FOREST SYSTEM

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

                  CAPITAL IMPROVEMENT AND MAINTENANCE

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

                               CHAPTER 6

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    TRAINING AND EMPLOYMENT SERVICES

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

     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                      SOCIAL SERVICES BLOCK GRANT

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

                CHILDREN AND FAMILIES SERVICES PROGRAMS

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

                        DEPARTMENT OF EDUCATION

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

                               CHAPTER 7

                         DEPARTMENT OF DEFENSE

                         Military Construction

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

              Military Construction, Navy and Marine Corps

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

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

                    Military Construction, Air Force

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

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

                  Military Construction, Defense-Wide

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

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

               Military Construction, Army National Guard

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

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

               Military Construction, Air National Guard

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

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

                  Military Construction, Naval Reserve

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

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
LA: NAS/JRB New Orleans.......................  Comprehensive Utilities.........       9,060,000       9,060,000
LA: NAS/JRB New Orleans.......................  Fitness Center..................       9,320,000       9,320,000
LA: NAS/JRB New Orleans.......................  Hangar 263......................      33,160,000      33,160,000
LA: NAS/JRB New Orleans.......................  Hangar 4........................      23,510,000      23,510,000
LA: NSA New Orleans...........................  Building 11, Admin Building.....       9,870,000       9,870,000
LA: NSA New Orleans...........................  Building 252, Public Works             3,630,000       3,630,000
                                                 Complex.
LA: NSA New Orleans...........................  Building 703, Bachelor Enlisted        8,820,OOO       8,820,000
                                                 Quarters.
LA: NSA New Orleans...........................  Building 9, Youth Center........       4,470,000       4,470,000
LA: NSA New Orleans...........................  Comprehensive Utilities.........      13,420,000      13,420,000
Worldwide: Unspecified........................  Planning and Design.............       4,872,000       4,872,000
                                                                                 -------------------------------
    Total.....................................  ................................     120,132,000     120,132,000
----------------------------------------------------------------------------------------------------------------

                             FAMILY HOUSING


           Family Housing Construction, Navy and Marine Corps

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

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

    Family Housing Operation and Maintenance, Navy and Marine Corps

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

                 Family Housing Construction, Air Force

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

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

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

          Family Housing Operation and Maintenance, Air Force

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

                     DEPARTMENT OF VETERANS AFFAIRS


                     Veterans Health Administration


                            MEDICAL SERVICES

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

                      Departmental Administration


                       GENERAL OPERATING EXPENSES

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

                    NATIONAL CEMETERY ADMINISTRATION

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

                      CONSTRUCTION, MAJOR PROJECTS

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

                      CONSTRUCTION, MINOR PROJECTS

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

                             RELATED AGENCY


                      Armed Forces Retirement Home

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 8


                         DEPARTMENT OF JUSTICE


                            Legal Activities


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

                     United States Marshals Service


                         SALARIES AND EXPENSES

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

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

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

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

      The conference agreement includes $10,000,000 for the 
Drug Enforcement Administration to support operational recovery 
from hurricane-related damage in the Gulf Coast region.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

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

                         Federal Prison System


                        BUILDINGS AND FACILITIES

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

                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

                         DEPARTMENT OF COMMERCE


            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

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

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

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

             National Aeronautics and Space Administration


                        EXPLORATION CAPABILITIES

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

                     Small Business Administration


                      OFFICE OF INSPECTOR GENERAL

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

                     DISASTER LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

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

                    GENERAL PROVISIONS--THIS CHAPTER


                     (INCLUDING TRANSFER OF FUNDS)

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

                               CHAPTER 9


                      DEPARTMENT OF TRANSPORTATION


                    Federal Aviation Administration


                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

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

                     Federal Highway Administration


                        EMERGENCY RELIEF PROGRAM

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

                        Maritime Administration


                        OPERATIONS AND TRAINING

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


                       Public and Indian Housing


                     TENANT-BASED RENTAL ASSISTANCE

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

                   Community Planning and Development


                       COMMUNITY DEVELOPMENT FUND

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

                       Administrative Provisions

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

                             THE JUDICIARY


    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

      The conference agreement provides $18,000,000 for direct 
hurricane recovery costs for affected Gulf Coast courts, as 
reflected in the Judiciary's revised supplemental 
appropriations request. The conferees deny the request for 
$10,641,000 to cover the costs of future preparedness 
activities and direct the Judicial Conference to include these 
items in the fiscal year 2006 financial plan.

                           INDEPENDENT AGENCY


                    General Services Administration


                         FEDERAL BUILDINGS FUND

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

  TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS PANDEMIC 
                               INFLUENZA


                               CHAPTER 1


                       DEPARTMENT OF AGRICULTURE


                        Office of the Secretary

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

                     Agricultural Research Service


                         SALARIES AND EXPENSES

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

      Cooperative State Research, Education, and Extension Service


                   RESEARCH AND EDUCATION ACTIVITIES

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

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                      Food and Drug Administration


                         SALARIES AND EXPENSES

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

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

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

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

                       Operation and Maintenance

                OPERATION AND MAINTENANCE, DEFENSE-WIDE

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

                  Other Department of Defense Programs

                         DEFENSE HEALTH PROGRAM

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

                               CHAPTER 3

       UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID)

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

            OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

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

                               CHAPTER 5

                       DEPARMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

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

                         National Park Service

                 OPERATION OF THE NATIONAL PARK SYSTEM

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

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

      The conference agreement provides $3,300,000,000 to 
prepare for and respond to an influenza pandemic, of which 
$3,204,000,000 is to remain available until expended. Section 
8116 of the Senate bill included $3,913,000,000 for this 
purpose to remain available until expended. In addition, the 
Senate included $8,158,589,000 for pandemic influenza in H.R. 
3010, the appropriations bill for the Department of Health and 
Human Services, of which $8,095,000,000 was to remain available 
until expended.
      The conference agreement includes bill language 
designating $350,000,000 for upgrading State and local response 
capacity, particularly the planning and exercising of pandemic 
response plans by State and local officials. Section 8116 of 
the Senate bill proposed $600,000,000 for this activity. The 
conferees are aware that any successful response to a pandemic 
influenza must include an effective response at the State and 
local levels. This will require pre-established partnerships 
and collaborative planning by public health officials, law 
enforcement officials, hospital administrators, and community 
leaders, who have considered a broad range of scenarios and 
participated in realistic response exercises. These planning 
and response exercises should enable public health and law 
enforcement officials to establish procedures and locations for 
quarantine, surge capacity, diagnostics, and communication. The 
conferees intend that most of these funds be put toward 
planning and exercises. The conferees intend that these funds 
be provided accompanied by established benchmarks and that a 
portion of the funding be made available based on meeting 
performance objectives at both the State and local levels.
      The conference agreement includes bill language 
designating $50,000,000 for laboratory capacity and research at 
the Centers for Disease Control and Prevention (CDC). Section 
8116 of the Senate bill included $125,000,000 for this purpose. 
The conferees intend that a portion of these funds go to 
address a critical lack of influenza laboratory capacity, which 
has resulted in delays in processing influenza virus samples 
and the sharing of DNA sequence information with outside 
laboratories in a timely manner. The conferees also recognize 
that the proper laboratory and research assets are vital to 
definitively characterize virus strains and determine best 
practices among protective public health measures. Finally, the 
conferees encourage the development of an evidence base for the 
effectiveness of policies and technologies to reduce 
respiratory disease transmission, modeling means of social 
distancing, and accelerating the development of rapid field 
diagnostic tests suitable for both domestic and international 
use, particularly use in developing nations.
      The conference agreement includes bill language 
designating $246,000,000 for international activities, disease 
surveillance, vaccine registries, research, and clinical 
trials. $150,000,000 of this amount is designated in bill 
language to CDC and is available until expended to carry out 
global and domestic disease surveillance, laboratory 
diagnostics, rapid response and quarantine. The conferees 
recognize that increased international surveillance to track 
influenza strains, implementation of surveillance and 
quarantine measures at U.S. points-of-entry, and enhanced 
domestic surveillance are key elements to the pandemic response 
plan. An integrated global and domestic surveillance and 
control system will serve to slow introduction of a pandemic 
influenza strain into the general population, thereby 
increasing the amount of time available for preparing and 
deploying appropriate countermeasures.
      The balance of the funds provided, $2,750,000,000 are 
available to support, at the Secretary's discretion, other core 
preparedness activities, such as expanding the domestic 
production capacity of influenza vaccine, developing and 
stockpiling pandemic vaccine, and stockpiling antivirals and 
other medical supplies necessary to protect and preserve lives 
in the event of an outbreak of pandemic influenza.
      The conference agreement does not contain specific 
earmarks of $3,080,000,000 for the stockpiling of antivirals 
and medical supplies, $33,000,000 for global surveillance, and 
$75,000,000 for risk communication as was included in section 
8116 of the Senate bill.
      The conferees encourage CDC to partner with industry to 
ensure it has the proper diagnostic ``surge capacity'' in place 
for both surveillance and pandemic response. The conferees also 
request that the Secretary be prepared to report on a plan for 
using diagnostics in early-stage clinical response to an 
emerging pandemic during the hearings on the fiscal year 2007 
budget.
      The conferees believe that HHS should give priority to 
research and development activities that could realistically be 
translated into vaccine production or pandemic detection, 
diagnosis, or treatment regimes in the near to medium term. The 
conferees encourage HHS to allocate funding to such areas as 
vaccine development, testing, and production, including cell 
culture technologies and cell line development; antivirals, 
including dosing, timing, and efficacy screening; alternative 
vaccine technologies, including synthetic vaccines and vaccines 
composed of virus-like particles; antiviral delivery 
mechanisms; improved diagnostics and surveillance tools for 
influenza; enhanced tools and methods for the molecular 
analysis of viruses, virus subtypes, and host immunological 
response; antigen-sparing, heterosubtypic immunity protective 
measures; and research into modes of influenza transmission. 
The Secretary is strongly encouraged to use the simplified 
acquisition authorities provided under sections 319F-1 and 
319F-2 of the Public Health Service Act in awarding contracts, 
grants, and cooperative agreements.
      The conferees support the elaboration of novel adjuvant, 
antigen-sparing and multivalent technologies that can bolster 
the effectiveness and scope of vaccines based on adaptive or 
innate immunological response.
      The conferees are aware of the key role migratory bird 
tracking has played in predicting the spread of avian 
influenza. The conferees encourage CDC to ensure that this 
important activity is part of its surveillance activities.
      The conferees understand that smoking substantially 
increases both the incidence and severity of influenza because 
it compromises the upper respiratory system. One study found 
that smoking more than doubles the risk of developing clinical 
influenza. The conferees encourage CDC to provide information 
about the link between smoking and an increased risk for 
influenza infection and severity of illness through existing 
quitlines and to collaborate with other countries to assess the 
role of smoking in flu epidemics.
      The conferees encourage HHS to procure for the Strategic 
National Stockpile essential supplies that may be needed in the 
event of a pandemic including syringes, ventilators, 
respirators, diagnostic equipment, surgical masks, and gloves.
      To prevent co-infection, the conferees urge the Secretary 
to promote the widespread vaccination against seasonal 
influenza.
      The conferees encourage the Centers for Medicare and 
Medicaid Services to establish standards for the measurement of 
use by beneficiaries under the Medicare and Medicaid programs 
of adult immunizations for influenza and to conduct a study to 
determine the feasibility and advisability of including adult 
immunization for influenza as a performance measure under 
quality initiatives conducted by the Secretary under the 
Medicare and Medicaid programs. The study should also consider 
as a requirement of accreditation of a provider of services 
compliance with recommended adult immunizations.
      The conferees direct the Secretary to provide on a semi-
annual basis to the House and Senate Appropriations Committees 
a report identifying the disbursements of funds received under 
this heading and a listing of the governments, companies and 
organizations that received funding. The report should include 
the amount and purpose of each grant or other form of 
assistance. Finally, the report should include the cumulative 
obligations by activity of the funds made available under this 
heading for pandemic preparedness, as well as any remaining 
unobligated balances.

                               CHAPTER 7


                     DEPARTMENT OF VETERANS AFFAIRS


                     Veterans Health Administration


                            MEDICAL SERVICES

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

                               CHAPTER 8


                          DEPARTMENT OF STATE


                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

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

           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

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

                   TITLE III--RESCISSIONS AND OFFSETS


                               CHAPTER 1


                       DEPARTMENT OF AGRICULTURE


                 Natural Resources Conservation Service


                        CONSERVATION OPERATIONS

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

                        Rural Utilities Service


         DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

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

                       Food and Nutrition Service


                           FOOD STAMP PROGRAM

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

                      Foreign Agricultural Service


       PUBLIC LAW 480 TITLE I [OCEAN FREIGHT DIFFERENTIAL GRANTS]

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

                               CHAPTER 2


                    DEPARTMENT OF DEFENSE--MILITARY

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

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

                               CHAPTER 3


                           FOREIGN OPERATIONS

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

                               CHAPTER 4


                    DEPARTMENT OF HOMELAND SECURITY


                       United States Coast Guard


                           OPERATING EXPENSES

                         (RESCISSION OF FUNDS)

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

                  Federal Emergency Management Agency


                            DISASTER RELIEF

                         (RESCISSION OF FUNDS)

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

                                CHAPTER 5


                       DEPARTMENT OF THE INTERIOR


                       Bureau of Land Management


                   MANAGEMENT OF LANDS AND RESOURCES

                              (RESCISSION)

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

                United States Fish and Wildlife Service


                      LANDOWNER INCENTIVE PROGRAM

                              (RESCISSION)

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

            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

                              (RESCISSION)

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

                               CHAPTER 6


                         DEPARTMENT OF COMMERCE


             National Institute of Standards and Technology


                     INDUSTRIAL TECHNOLOGY SERVICES

                              (RESCISSION)

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

                          DEPARTMENT OF STATE


                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

                              (RESCISSION)

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

             EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE

                              (RESCISSION)

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

                               CHAPTER 7


                      DEPARTMENT OF TRANSPORTATION


                     Federal Highway Administration


                          FEDERAL-AID HIGHWAYS

                          (HIGHWAY TRUST FUND)

                              (RESCISSION)

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

                    Federal Railroad Administration


    EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

                              (RESCISSION)

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

                               CHAPTER 8


                      GOVERNMENT-WIDE RESCISSIONS

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

               TITLE IV--HURRICANE EDUCATION RECOVERY ACT


    Subtitle A--Elementary and Secondary Education Hurricane Relief

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

             Subtitle B--Higher Education Hurricane Relief

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

      Subtitle C--Education and Related Programs Hurricane Relief

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

         TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

      The conference agreement includes a provision relating to 
the availability of funds.
      The conference agreement includes a provision relating to 
any reference to ``this Act''.
      The conference agreement includes a provision removing 
the authority to make further transfers to or from the 
Emergency Response Fund.
      The conference agreement includes a technical correction 
regarding funds appropriated to the Cooperative State Research 
Education and Extension Service.
       The conference agreement includes a technical correction 
to the Energy and Water Development Appropriations Act, 2005, 
relating to the Animas-La Plata project.
      The conference agreement includes a technical correction 
to the Energy and Water Development Appropriations Act, 2006, 
relating to the San Gabriel Basin Restoration Fund.
      The conference agreement includes a technical correction 
to the Energy and Water Development Appropriations Act, 2006, 
relating to the Placer County, California, wastewater treatment 
project.
      The conference agreement includes a technical correction 
to the Energy and Water Development Appropriations Act, 2006, 
relating to the Central New Mexico Project.
      The conference agreement includes a provision correcting 
an enrollment error in the Energy and Water Development 
Appropriations Act, 2006, relating to a Hurricane Protection 
Study in Louisiana.
      The conference agreement includes a technical correction 
to the Energy and Water Development Appropriations Act, 2006, 
related to the Western Area Power Administration.
      The conference agreement includes a general provision 
making $50,000,000 available to the New York State Uninsured 
Employers Fund and $75,000,000 to the Centers for Disease 
Control and Prevention for purposes related to the September 
11, 2001 terrorist attacks. These funds replace $125,000,000 
included in the supplemental appropriations for New York State 
made following the September 11th attacks that were unable to 
be spent for administering worker compensation claims and were 
rescinded in the regular FY 2006 Labor-HHS-Education 
Appropriations Act.
      The conference agreement includes language that amends 
the Flexibility for Displaced Workers Act (Public Law 109-72) 
to strike ``Hurricane Katrina'' and insert ``hurricanes in the 
Gulf of Mexico in calendar year 2005'' each place it appears.
      The conference agreement includes a provision that amends 
section 124 of Public Law 109-114.
      The conference agreement includes a provision that amends 
section 128 of Public Law 109-114.
      The conference agreement includes a provision that makes 
a technical correction to a military construction project in 
Public Law 109-114.
      The conference agreement includes a provision that makes 
a technical correction to the short title of Public Law 109-
114.
      The conference agreement makes technical corrections to 
the capital investment grants listed in Public law 109-115.
      The conference agreement clarifies activities that are 
subject to section 205 of division A of Public Law 109-115.
      The conference agreement makes a technical correction to 
an economic development grant in Public Law 108-447.
      The conference agreement makes technical corrections to 
economic development grants in Public law 109-115.
      The conference agreement makes technical corrections to 
an economic development grant in Public law 108-447.
      The conference agreement precludes the funds appropriated 
to the 2001 Emergency Supplemental Appropriations Act for 
Recovery from and Response to Terrorist Attacks from being 
transferred to or from the Emergency Response Fund.

                   Conference Total--With Comparison

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

                        [In thousands of dollars]

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

         DIVISION C--AMERICAN ENERGY INDEPENDENCE AND SECURITY

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

      DIVISION D--DISTRIBUTION OF REVENUES AND DISASTER ASSISTANCE

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

                               DIVISION E

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

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

                                  
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