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H.R. 4939 (109th): Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006


The text of the bill below is as of May 10, 2006 (Passed the Senate with an Amendment).


HR 4939 EAS

In the Senate of the United States,

May 4, 2006.

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

AMENDMENT:

Strike out all after the enacting clause and insert:

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

TITLE I

GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

PUBLIC LAW 480 TITLE II GRANTS

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

CHAPTER 2

DEPARTMENT OF JUSTICE

Legal Activities

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

United States Marshals Service

SALARIES AND EXPENSES

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

Federal Bureau of Investigation

SALARIES AND EXPENSES

    For an additional amount for `Salaries and Expenses', $82,000,000, to remain available until September 30, 2007: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Drug Enforcement Administration

SALARIES AND EXPENSES

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

Bureau of Alcohol, Tobacco, Firearms and Explosives

SALARIES AND EXPENSES

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

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

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

Office of Inspector General

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for `Office of Inspector General', $25,300,000, to remain available until September 30, 2007, of which $24,000,000 shall be transferred to the Special Inspector General for Iraq Reconstruction: Provided, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Educational and Cultural Exchange Programs

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

International Organizations

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

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

RELATED AGENCY

Broadcasting Board of Governors

INTERNATIONAL BROADCASTING OPERATIONS

    For an additional amount for `International Broadcasting Operations' for programs and activities promoting democracy in Iran, $30,250,000, to remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

GENERAL PROVISION--THIS CHAPTER

DIPLOMATIC AND CONSULAR PROGRAMS--LIMITATION

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

AUTHORIZATION OF FUNDS

    SEC. 1202. Funds appropriated or made available by transfer in this chapter may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956, section 10 of Public Law 91-672 (22 U.S.C. 2412), section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)) and section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236).

    SEC. 1203. DEPARTMENT OF STATE AND USAID AUTHORITIES. (a) Waiver of Annuity Limitations on Reemployed Foreign Service Annuitants- Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended to read as follows:

    `(g)(1) The Secretary of State may waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis, or grant authority to the head of an Executive agency to waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis--

      `(A) if, and for so long as, such waiver is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances; or

      `(B) if the annuitant is employed in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee.

    `(2) The authority of the Secretary to waive the application of subsections (a) through (d) for an annuitant pursuant to subparagraph (B) of paragraph (1), or to grant authority to the head of an Executive agency to waive the application of such subsections to an annuitant under subparagraphs (A) or (B) of such paragraph, shall terminate on October 1, 2008. An annuitant reemployed pursuant to such authority prior to such termination date may be employed for a period ending not later than one year after such date.

    `(3) The Secretary should prescribe procedures for the exercise of any authority under paragraph (1), including criteria for any exercise of authority and procedures for a delegation of authority.'.

    (b) Waiver of Annuity Limitations on Reemployed Civil Service Annuitants-

      (1) DEPARTMENT OF STATE- Title I of the Department of State Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section:

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

    `(a) Authority-

      `(1) IN GENERAL- The Secretary of State may waive the application of the provisions of section 8344 or 8468 of title 5, United States Code, on a case-by-case basis for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.

      `(2) TERMINATION OF AUTHORITY- The authority of the Secretary under paragraph (1) shall terminate on October 1, 2008. An annuitant reemployed pursuant to such authority prior to such termination date may be employed for a period ending not later than one year after such date.

    `(b) Procedures- The Secretary should prescribe procedures for the exercise of any authority under subsection (a), including criteria for any exercise of authority and procedures for a delegation of authority.

    `(c) Annuitants Not Treated as Employees for Purposes of Retirement Benefits- An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5, United States Code.'.

      (2) UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT- Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2385) is amended by adding at the end the following new subsection:

    `(j)(1)(A) The Administrator of the United States Agency for International Development may waive the application of the provisions of section 8344 or 8468 of title 5, United States Code, on a case-by-case basis for employment of an annuitant in a position in the United States Agency for International Development for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.

    `(B) The authority of the Administrator under subparagraph (A) shall terminate on October 1, 2008. An annuitant reemployed pursuant to such authority prior to such termination date may be employed for a period ending not later than one year after such date.

    `(2) The Administrator should prescribe procedures for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for a delegation of authority.

    `(3) An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5, United States Code.'.

    (c) Report on Use of Annuity Limitation Waiver Authority- Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations and the Committee on Homeland Security and Government Affairs of the Senate and the Committee on International Relations and the Committee on Government Reform of the House of Representatives a report on the exercise of the waiver authorities provided under section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)), as amended by subsection (a), section 61 of the State Department Basic Authorities Act of 1956, as added by subsection (b)(1), and section 625(j) of the Foreign Assistance Act of 1961, as added by subsection (b)(2). The report shall include the number and type of positions that have been filled under such waiver authority, and the retirement date, former job title, and new job title of each annuitant reemployed under such authority.

    (d) Home Leave Provisions-

      (1) TRAVEL EXPENSES FOR REST AND RECUPERATION TRAVEL- Section 901(6) of the Foreign Service Act (22 U.S.C. 4081(6)) is amended by striking `unbroken by home leave' each place it appears.

      (2) AUTHORITY TO REQUIRE LEAVES OF ABSENCE- Section 903(a) of the Foreign Service Act (22 U.S.C. 4083) is amended by striking `18 months' and inserting `12 months'.

    (e) Authority To Provide Accommodation and Subsistence to Individuals Serving in Iraq and Afghanistan- The Secretary of State may provide during any fiscal year, with or without reimbursement, accommodation and subsistence to personnel in Iraq and Afghanistan for whom the Chief of Mission is responsible.

PROHIBITION ON USE OF FUNDS FOR CERTAIN PURPOSES IN IRAQ

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

PROHIBITION ON USE OF FUNDS FOR CERTAIN PURPOSES IN IRAQ

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

CHAPTER 3

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

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

Military Personnel, Navy

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

Military Personnel, Marine Corps

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

Military Personnel, Air Force

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

Reserve Personnel, Army

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

Reserve Personnel, Navy

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

Reserve Personnel, Marine Corps

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

Reserve Personnel, Air Force

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

National Guard Personnel, Army

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

National Guard Personnel, Air Force

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

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

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

Operation and Maintenance, Navy

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Defense-Wide

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for `Operation and Maintenance, Defense-Wide', $2,879,899,000, of which--

      (1) not to exceed $25,000,000 may be used for the Combatant Commander Initiative Fund, to be used in support of Operation Iraqi Freedom and Operation Enduring Freedom;

      (2) not to exceed $740,000,000, to remain available until expended, may be used for payments to reimburse Pakistan, Jordan, and other key cooperating nations, for logistical, military, and other support provided, or to be provided, to United States military operations, notwithstanding any other provision of law: Provided, That such payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph;

      (3) not to exceed $36,500,000 for Cooperative Threat Reduction; and

      (4) $75,000,000 shall be transferred to the Coast Guard `Operating Expenses' account:

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

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

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

Operation and Maintenance, Air National Guard

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

Afghanistan Security Forces Fund

(INCLUDING TRANSFER OF FUNDS)

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

Iraq Security Forces Fund

(INCLUDING TRANSFER OF FUNDS)

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

Iraq Freedom Fund

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for `Iraq Freedom Fund', $25,000,000, to remain available for transfer until September 30, 2007: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Joint Improvised Explosive Device Defeat Fund

(INCLUDING TRANSFER OF FUNDS)

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

PROCUREMENT

Aircraft Procurement, Army

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

Missile Procurement, Army

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

Procurement of Weapons and Tracked Combat Vehicles, Army

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

Procurement of Ammunition, Army

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

Other Procurement, Army

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

Aircraft Procurement, Navy

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

Weapons Procurement, Navy

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

Procurement of Ammunition, Navy and Marine Corps

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

Other Procurement, Navy

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

Procurement, Marine Corps

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

Aircraft Procurement, Air Force

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

Procurement of Ammunition, Air Force

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

Other Procurement, Air Force

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

Procurement, Defense-Wide

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

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

Research, Development, Test and Evaluation, Navy

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

Research, Development, Test and Evaluation, Air Force

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

Research, Development, Test and Evaluation, Defense-Wide

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

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

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

Drug Interdiction and Counter-Drug Activities

(INCLUDING TRANSFER OF FUNDS)

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

Office of the Inspector General

    For an additional amount for `Office of the Inspector General', $1,815,000: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

OTHER INDEPENDENT AGENCY

Intelligence Community Management Account

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

GENERAL PROVISIONS--THIS CHAPTER

SPECIAL TRANSFER AUTHORITY

(TRANSFER OF FUNDS)

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

GENERAL TRANSFER AUTHORITY

(TRANSFER OF FUNDS)

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

DEFENSE COOPERATION ACCOUNT

(TRANSFER OF FUNDS)

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

UNITED STATES CONTRIBUTIONS TO NATO

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

COUNTER-DRUG ACTIVITIES

    SEC. 1305. (a) AUTHORITY TO PROVIDE SUPPORT- Of the amount appropriated by this Act under the heading, `Drug Interdiction and Counter-Drug Activities, Defense', not to exceed $23,100,000 may be made available for support for counter-drug activities of the Governments of Afghanistan, Pakistan, and Kyrgyzstan: Provided, That such support shall be in addition to support provided for the counter-drug activities of such Governments under any other provision of the law.

    (b) TYPES OF SUPPORT-

      (1) Except as specified in subsections (b)(2) and (b)(3) of this section, the support that may be provided under the authority in this section shall be limited to the types of support specified in section 1033(c)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85, as amended by Public Law 106-398 and Public Law 108-136), and conditions on the provision of support as contained in section 1033 shall apply for fiscal year 2006.

      (2) The Secretary of Defense may transfer vehicles, aircraft, and detection, interception, monitoring and testing equipment to said Governments for counter-drug activities.

      (3) For the Government of Afghanistan, the Secretary of Defense may also provide individual and crew-served weapons, and ammunition for counter-drug security forces.

ADVANCE BILLING

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

COMMANDER'S EMERGENCY RESPONSE PROGRAM

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

SUPERVISION AND ADMINISTRATION COSTS OF CONSTRUCTION PROJECTS

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

PROHIBITION OF NEW START PROGRAMS

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

RETROACTIVE PAYMENT OF ADDITIONAL DEATH GRATUITY

    SEC. 1310. (a) Effective as of January 6, 2006, and as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), subsection (d)(2) of section 1478 of title 10, United States Code, as added by section 664(b) of such Act (119 Stat. 3316), is amended by striking `May 11, 2005' and inserting `August 31, 2005'.

    (b) AVAILABILITY OF FUNDS- Of the amounts appropriated or otherwise made available by this chapter for military personnel, an aggregate of $48,750,000 shall be available for the retroactive payment of death gratuity with respect to members of the Armed Forces as a result of the amendment made by subsection (a).

VOTING ASSISTANCE

    Sec. 1311. (a) Congress recognizes the importance of ensuring that absent uniformed services voters, Department of Defense personnel, and their dependents have the opportunity to exercise their right to vote.

    (b) IVAS Ballot Request Program-

      (1) The Interim Voting Assistance System (IVAS) Ballot Request Program shall be continued with respect to all Department of Defense personnel, and their families, covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.).

      (2) Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the status of the program.

    (c) Funding- Of the amounts provided by this Act, $5,820,000 shall be available for the program referred to in subsection (b).

NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL GUARD

    SEC. 1312. (a) SHORT TITLE- This section may be cited as the `Reservists Pay Security Act of 2006'.

    (b) IN GENERAL- Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following:

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

    `(a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which--

      `(1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee's civilian employment with the Government had not been interrupted by that service, exceeds (if at all)

      `(2) the amount of pay and allowances which (as determined under subsection (d))--

        `(A) is payable to such employee for that service; and

        `(B) is allocable to such pay period.

    `(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted)--

      `(A) during which such employee is entitled to reemployment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and

      `(B) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee's civilian employment with the Government.

    `(2) For purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38--

      `(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and

      `(B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemployment following completion of service on active duty to which called or ordered as described in subsection (a).

    `(c) Any amount payable under this section to an employee shall be paid--

      `(1) by such employee's employing agency;

      `(2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and

      `(3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee's civilian employment had not been interrupted.

    `(d) The Office of Personnel Management shall, in consultation with Secretary of Defense, prescribe any regulations necessary to carry out the preceding provisions of this section.

    `(e)(1) The head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency.

    `(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency.

    `(f) For purposes of this section--

      `(1) the terms `employee', `Federal Government', and `uniformed services' have the same respective meanings as given them in section 4303 of title 38;

      `(2) the term `employing agency', as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; and

      `(3) the term `basic pay' includes any amount payable under section 5304.'.

    (c) CLERICAL AMENDMENT- The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following:

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

    (d) EFFECTIVE DATE- The amendments made by this section shall apply with respect to pay periods (as described in section 5538(b) of title 5, United States Code, as amended by this section) beginning on or after the date of enactment of this Act.

SENSE OF SENATE ON REQUESTS FOR FUNDS FOR MILITARY OPERATIONS IN IRAQ AND AFGHANISTAN FOR FISCAL YEARS AFTER FISCAL YEAR 2007

    SEC. 1313. (a) Findings- The Senate makes the following findings:

      (1) Title IX of the Department of Defense Appropriations Act, 2006 (division A of Public Law 109-148) appropriated $50,000,000,000 for the cost of ongoing military operations overseas in fiscal year 2006, although those funds were not requested by the President.

      (2) The President on February 16, 2006, submitted to Congress a request for supplemental appropriations in the amount of $67,600,000,000 for ongoing military operations in fiscal year 2006, none of which supplemental appropriations was included in the concurrent resolution on the budget for fiscal year 2006, as agreed to in the Senate on April 28, 2005.

      (3) The President on February 6, 2006, included a $50,000,000,000 allowance for ongoing military operations in fiscal year 2007, but did not formally request the funds or provide any detail on how the allowance may be used.

      (4) The concurrent resolution on the budget for fiscal year 2007, as agreed to in the Senate on March 16, 2007, anticipates as much as $86,300,000,000 in emergency spending in fiscal year 2007, indicating that the Senate expects to take up another supplemental appropriations bill to fund ongoing military operations during fiscal year 2007.

    (b) Sense of Senate- It is the sense of the Senate that--

      (1) any request for funds for a fiscal year after fiscal year 2007 for ongoing military operations in Afghanistan and Iraq should be included in the annual budget of the President for such fiscal year as submitted to Congress under section 1105(a) of title 31, United States Code;

      (2) any request for funds for such a fiscal year for ongoing military operations should provide an estimate of all funds required in that fiscal year for such operations;

      (3) any request for funds for ongoing military operations should include a detailed justification of the anticipated use of such funds for such operations; and

      (4) any funds provided for ongoing military operations overseas should be provided in appropriations Acts for such fiscal year through appropriations to specific accounts set forth in such appropriations Acts.

    SEC. 1314. (a) The amount appropriated by this chapter under the heading `Operation and Maintenance, Defense-Wide' and available for Cooperative Threat Reduction is increased by $8,000,000.

    (b) Of the amount appropriated by this chapter under the heading `Operation and Maintenance, Defense-Wide' and available for Cooperative Threat Reduction, as increased by subsection (a), $44,500,000 shall be deposited in the Former Soviet Union Threat Reduction Account and shall remain available until September 30, 2008.

    (c) The amount made available under subsection (a) is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

CHAPTER 4

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

United States Agency for International Development

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

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

DEVELOPMENT ASSISTANCE

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

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

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

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

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

OTHER BILATERAL ECONOMIC ASSISTANCE

Economic Support Fund

(INCLUDING TRANSFER OF FUNDS)

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

DEPARTMENT OF STATE

Democracy Fund

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

International Narcotics Control and Law Enforcement

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

Migration and Refugee Assistance

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

United States Emergency Refugee and Migration Assistance Fund

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

DEPARTMENT OF THE TREASURY

International Affairs Technical Assistance

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

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

Peacekeeping Operations

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

GENERAL PROVISIONS--THIS CHAPTER

IRAQ RELIEF AND RECONSTRUCTION FUND

    SEC. 1401. Chapter 2 of title II of Public Law 108-106 (117 Stat. 1225-1226), as amended by Public Law 108-309 (118 Stat. 1142-1143), is further amended under the heading `Iraq Relief and Reconstruction Fund' by--

      (1)(A) striking `$5,090,000,000' and inserting `$5,036,000,000' for security and law enforcement;

      (B) striking `$1,960,000,000' and inserting `$2,349,800,000' for justice, public safety infrastructure, and civil society;

      (C) striking `$4,455,000,000' and inserting `$4,220,000,000' for the electric sector;

      (D) striking `$1,723,000,000' and inserting `$1,735,600,000' for oil infrastructure;

      (E) striking `$2,361,000,000' and inserting `$2,131,100,000' for water resources and sanitation;

      (F) striking `$500,000,000' and inserting `$465,500,000' for transportation and telecommunications;

      (G) striking `$370,000,000' and inserting `$333,700,000' for roads, bridges, and construction;

      (H) striking `$793,000,000' and inserting `$739,000,000' for health care;

      (I) striking `$845,000,000' and inserting `$805,300,000' for private sector development; and

      (J) striking `$342,000,000' and inserting `$410,000,000' for education, refugees, human rights, and governance; and

      (2) inserting before the period the following: `: Provided further, That amounts provided under this heading shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of the period of availability provided herein, except that after such initial obligation any subsequent obligation may be made without regard to the sectoral limitations set forth under this heading, as amended'.

ADMINISTRATIVE COSTS

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

AUTHORIZATION OF FUNDS

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

PALESTINIAN AUTHORITY

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

`PROHIBITION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY

    `SEC. 550. (a) PROHIBITION ON ASSISTANCE- None of the funds appropriated by this Act or any prior Act making appropriations for foreign operations, export financing, and related programs, may be obligated or expended for assistance for the Palestinian Authority unless the Secretary of State determines, and so reports to the Committees on Appropriations, that the Palestinian Authority has--

      `(1) publicly acknowledged Israel's right to exist as a Jewish state;

      `(2) renounced violence; and

      `(3) accepted and is adhering to all previous diplomatic Agreements and understandings with the United States Government, the Government of Israel, and the international community.

    `(b) WAIVER AUTHORITY- (1) The President may waive subsection (a) with respect to the administrative and personal security costs of the Office of the President of the Palestinian Authority, for activities of the President of the Palestinian Authority to promote democracy and the rule of law, and with respect to independent agencies, if the President certifies and reports to the Committees on Appropriations that--

      `(A) it is in the national security interest of the United States to provide such assistance; and

      `(B) the President of the Palestinian Authority, the President's party, and independent agencies are not effectively controlled by Hamas or any other foreign terrorist organization.

    `(2) Prior to exercising the authority provided in this subsection, the President shall consult with, and shall provide a written policy justification to, the Committees on Appropriations and the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.

    `(c) REPORT- Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations describing how the funds will be spent and the accounting procedures in place to ensure proper oversight and accountability.'.

(RESCISSION)

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

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

    SEC. 1406. (a) Findings- Congress makes the following findings:

      (1) As part of the United States effort to bring democracy and freedom to Iraq and Afghanistan, employees of a broad range of Federal agencies are needed to serve in those countries, furnishing expertise to their counterpart agencies in the Government of Iraq and the Government of Afghanistan.

      (2) While the heads of a number of Federal agencies already possess authority to provide to their personnel on official duty abroad allowances, benefits, and death gratuities comparable to those provided by the Secretary of State to similarly-situated Foreign Service personnel on official duty abroad, other agency heads do not possess such authority.

      (3) In order to assist the United States Government in recruiting personnel to serve in Iraq and Afghanistan, and to avoid inequities in allowances, benefits, and death gratuities among similarly-situated United States Government civilian personnel on official duty in these countries, it is essential that the heads of all agencies that have personnel on official duty in Iraq and Afghanistan have the same basic authority with respect to allowances, benefits, and death gratuities for such personnel.

    (b) In General- During any fiscal year, the head of an agency may, in the agency head's discretion, provide to an individual employed by, or assigned or detailed to, such agency allowances, benefits, and gratuities comparable to those provided by the Secretary of State to members of the Foreign Service under section 413 and chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3973; 4081 et seq.), if such individual is on official duty in Iraq or Afghanistan.

    (c) Construction- Nothing in this section shall be construed to impair or otherwise affect the authority of the head of an agency under any other provision of law.

    (d) Applicability of Certain Authorities- Section 912(a) of the Internal Revenue Code of 1986 shall apply with respect to amounts received as allowances or otherwise under this section in the same manner as section 912 of the Internal Revenue Code of 1986 applies with respect to amounts received by members of the Foreign Service as allowances or otherwise under chapter 9 of title I of the Foreign Service Act of 1980.

DEMOCRACY IN IRAQ

    SEC. 1407. (a) Of the funds provided in this chapter for the Economic Support Fund, not less than $104,500,000 should be made available through the Bureau of Democracy, Human Rights, and Labor of the Department of State, in coordination with the United States Agency for International Development where appropriate, to United States nongovernmental organizations for the purpose of supporting democracy assistance programs in Iraq that promote the long term development of civil society, political parties, election processes, the rule of law, reconciliation activities, and parliament in that country: Provided, That the Secretary of State shall consult with the Committees on Appropriations prior to the initial obligation of funds made available under this section on the uses of such funds: Provided further, That of the funds made available under this heading, up to $8,500,000 should be made available for the United States Institute of Peace for programs in Iraq and Afghanistan.

    (b) The President shall include in each report submitted to Congress under the United States Policy in Iraq Act (section 1227 of Public Law 109-163; 50 U.S.C. 1541 note; 119 Stat. 3465) a report on the extent to which funds appropriated in this Act support a short-term and long-term strategy to promote and develop democracy in Iraq, including:

      (1) A description of the objectives of the Secretary of State to promote and develop democracy at the national, regional, and provincial levels in Iraq, including development of civil society, political parties, and government institutions.

      (2) The schedule to achieve such objectives.

      (3) The progress made toward achieving such objectives.

      (4) The principal official within the United States Government responsible for coordinating and implementing democracy funding for Iraq.

(RESCISSION)

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

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

United States Coast Guard

OPERATING EXPENSES

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

CHAPTER 6

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military Construction, Army

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

Military Construction, Air Force

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

Military Construction, Defense-Wide

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

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

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

CHAPTER 7

DEPARTMENT OF THE TREASURY

Departmental Offices

SALARIES AND EXPENSES

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

TITLE II

FURTHER HURRICANE DISASTER RELIEF AND RECOVERY

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Executive Operations

WORKING CAPITAL FUND

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

Office of the Inspector General

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

Agricultural Research Service

SALARIES AND EXPENSES

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

BUILDINGS AND FACILITIES

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

Farm Service Agency

SALARIES AND EXPENSES

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

EMERGENCY CONSERVATION PROGRAM

    For an additional amount for the `Emergency Conservation Program', $32,547,000, to remain available until expended, to provide assistance under the emergency conservation program established under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Natural Resources Conservation Service

EMERGENCY WATERSHED PROTECTION PROGRAM

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

Rural Development

SALARIES AND EXPENSES

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

RURAL COMMUNITY ADVANCEMENT PROGRAM

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

GENERAL PROVISIONS--THIS CHAPTER

NATURAL RESOURCES CONSERVATION SERVICE--COST SHARE REQUIREMENT

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

NATURAL RESOURCES CONSERVATION SERVICE--VEHICLE DISPOSITION

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

RURAL DEVELOPMENT--EMERGENCY AUTHORITIES

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

FARM SERVICE AGENCY

(TRANSFER OF FUNDS)

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

FARM SERVICE AGENCY--EMERGENCY CONSERVATION PROGRAM

    SEC. 2105. Section 101(b) of chapter 1 of title I of division B of Public Law 109-148 (119 Stat. 2747) is amended--

      (1) in the heading, by striking `, Oyster,';

      (2) in the matter preceding paragraph (1)--

        (A) by striking `, oyster,'; and

        (B) by striking `public and private oyster reefs or';

      (3) in paragraph (3), by adding `and' at the end;

      (4) by striking paragraph (4); and

      (5) by redesignating paragraph (5) as paragraph (4).

RURAL DEVELOPMENT--RURAL HOUSING

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

WILDLIFE HABITAT INCENTIVE PROGRAM

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

SMALL BUSINESS RELIEF FROM HURRICANE KATRINA AND HURRICANE RITA

    SEC. 2108. (a) Section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)) is amended--

      (1) in subparagraph (D), by striking `or';

      (2) in subparagraph (E), by striking the period at the end and inserting `; or'; and

      (3) by adding at the end the following:

        `(F) an area in which the President has declared a major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) as a result of Hurricane Katrina of August 2005 or Hurricane Rita of September 2005.'.

    (b) Section 711(d) of the Small Business Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended--

      (1) by striking `The Program' and inserting the following:

      `(1) IN GENERAL- Except as provided in paragraph (2), the Program'; and

      (2) by adding at the end the following:

      `(2) EXCEPTION- The Program shall not apply to any contract related to relief or reconstruction from Hurricane Katrina of 2005 or Hurricane Rita of 2005.'.

    (c) The amendments made by subsections (a) and (b) shall be effective for the period beginning on the date of enactment of the Act and ending on October 1, 2008.

ACCOUNTABILITY IN HURRICANE RECOVERY CONTRACTING

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

CHAPTER 2

DEPARTMENT OF JUSTICE

Office of the Inspector General

SALARIES AND EXPENSES

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

Legal Activities

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

Office of Justice Programs

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

    For an additional amount for `Operations, Research, and Facilities' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $1,135,000,000, to remain available until September 30, 2007, pursuant to section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act, section 308(d) of the Interjurisdictional Fisheries Act, and other authorities: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006: Provided further, That of the total amount appropriated, $100,000,000 shall be for the National Marine Fisheries Service to provide technical assistance to States and industry for oyster bed and shrimp ground rehabilitation, debris removal and cleaning, and to prepare for spat fall by planting sufficient amounts of cultch: Provided further, That of the total amount appropriated, $20,000,000 shall be provided to utilize the National Oceanic and Atmospheric Administration's expertise to assist in rebuilding coastal communities, especially focusing on fisheries infrastructure, zoning to mitigate against future catastrophes and natural disasters, and building standards for coastal structures: Provided further, That of the total amount appropriated, $10,000,000 shall be provided to coordinate and help implement planning efforts that will lead to capacity and effort reductions in Federal and State waters: Provided further, That of the total amount appropriated, $15,000,000 shall be provided to develop and implement a seafood promotion strategy for Gulf of Mexico fisheries: Provided further, That of the total amount appropriated, $15,000,000 shall be provided to institute job retraining programs for displaced fisheries workers into alternative occupations: Provided further, That of the total amount appropriated, $200,000,000 shall be provided to replace fishing gear damaged or lost in the hurricanes, and deploy advanced versions of turtle exclusion devices and by-catch reduction devices: Provided further, That of the total amount appropriated, $50,000,000 shall be provided to develop temporary marine services centers to cluster docking facilities, fuel, ice and provisions, offloading, processing and distribution and marine repair facilities for seafood industries: Provided further, That of the total amount appropriated, $300,000,000 shall be provided for re-development of marinas, piers, docks, wharves and warehouses to support commercial and recreational fishing, and especially investments in public facilities supporting working waterfronts: Provided further, That of the total amount appropriated, $50,000,000 shall be provided for planning and support for fishing-related marine industrial parks to cluster processing and marine support businesses in ways that increase access to key facilities and services, and enhance intermodal transportation of fishery products: Provided further, That of the total amount appropriated, $90,000,000 shall be provided for replacement of private fisheries infrastructure other than vessels: Provided further, That of the total amount appropriated, $10,000,000 shall be provided to implement rules where appropriate, and purchase and provide one year of associated fees to equip the offshore shrimp and reef fish fishery with electronic vessel monitoring systems: Provided further, That of the total amount appropriated, $66,000,000 shall be provided for the fishery finance program loans under title XI of the Merchant Marine Act, 1936, (46 U.S.C. App. 1271 et seq.) to satisfy loan obligations for loans used to make expenditures, guarantee or finance to repair, replace or restore fisheries infrastructure, vessels, facilities, or fish processing facilities home-ported or located within the declared fisheries disaster area: Provided further, That of the total amount appropriated, $14,000,000 shall be provided to develop and fund a cooperative research program to test various gears and to monitor the recovery of Gulf of Mexico fishery resources and fisheries: Provided further, That of the total amount appropriated, $100,000,000 shall be provided for direct assistance to fishers and seafood workers to undertake cleanup activities and begin repairing vessels and damaged facilities: Provided further, That of the total amount appropriated, $20,000,000 shall be provided to assist shellfishermen in New England's coastal communities who suffered severe economic impact from last year's toxic red tide outbreak: Provided further, That of the total amount appropriated, $25,000,000 shall be provided to employ fishers and vessel owners in marine debris and living marine resource assessment activities.

PROCUREMENT, ACQUISITION AND CONSTRUCTION

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

SCIENCE

National Aeronautics and Space Administration

EXPLORATION CAPABILITIES

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

RELATED AGENCY

Small Business Administration

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

    For an additional amount for the `Disaster Loans Program Account' for the cost of direct loans authorized by section 7(b) of the Small Business Act, $1,254,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That up to $190,000,000 may be transferred to and merged with `Salaries and Expenses' for administrative expenses to carry out the disaster loan program: Provided further, That none of the funds provided under this heading may be used for indirect administrative expenses: Provided further, That of the amount provided under this heading, up to $712,000,000 may be transferred to `Federal Emergency Management Agency, Disaster Relief' to reimburse in whole, or in part, that account for funds transferred to this account by Public Law 109-174: Provided further, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

GENERAL PROVISIONS--THIS CHAPTER

HURRICANE RESPONSE PLAN FOR THE 2006 HURRICANE SEASON

    SEC. 2201. (a) In this section--

      (1) the terms `Administration' and `Administrator' mean the Small Business Administration and the Administrator thereof, respectively;

      (2) the term `Disaster Loan Program' means the disaster loan program authorized under section 7 of the Small Business Act (15 U.S.C. 636);

      (3) the term `major disaster' has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122);

      (4) the term `small business concern' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632);

      (5) the term `system' means the Disaster Credit Management System of the Administration; and

      (6) the term `2006 Atlantic hurricane season' means the period beginning on June 1, 2006, and ending on November 30, 2006.

    (b) Not later than May 31, 2006, the Administrator shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the status of the disaster response plan of the Administration for the 2006 Atlantic hurricane season.

    (c) The report required under subsection (b) shall include--

      (1) the plan of the Administrator for responding quickly and efficiently after the occurrence of a major disaster during the 2006 Atlantic hurricane season and subsequent major disasters (including preparation and planning for disaster response resources and staff, such as identifying loss verifiers and technical assistance staff to deploy to potential disaster areas in advance of chartable events such as hurricanes);

      (2) a description of how the Administrator plans to integrate and coordinate the response to a major disaster with the staff and resources of the Federal Emergency Management Agency (including details on where and when joint training sessions are planned during the 2006 Atlantic hurricane season);

      (3) a description of how the Administrator plans to integrate and coordinate the response to a major disaster with the technical assistance programs of the Administration (including the small business development centers);

      (4) the contingency plans of the Administration, if any, for handling increases in the volume of applications under the Disaster Loan Program during the 2006 Atlantic hurricane season (including detailed plans for using local banks, credit unions, and businesses in an area in which the President declares a major disaster or the hiring of additional loan processing and loss verification staff);

      (5) any available or revised surge plans for the system (including surge plans for loss verification, loan processing, mailroom, customer service or call center operations, and a continuity of operations plan);

      (6) information on the plans of the Administration, if any, for upgrading the Disaster Loan Program application processing system, including--

        (A) the user capacity of the system; and

        (B) the estimated cost for upgrading the software and equipment to handle additional users;

      (7) the number of full-time equivalent employees and job descriptions for the planning and disaster response staff of the Administration;

      (8) information (including potential cost estimates) on whether--

        (A) the Administrator plans to hire full-time planning staff during the 2006 Atlantic hurricane season; and

        (B) such full-time planner would be hired in the Office of Disaster Assistance or in another office of the Administration;

      (9) the inservice and preservice training procedures for disaster response staff of the Administration;

      (10) information on the logistical support plans of the Administration (including equipment and staffing needs, and detailed information on how such plans will be scalable depending on the size and scope of the major disaster);

      (11) information on the procurement procedures of the Administration for acquiring equipment and staff, including--

        (A) standard procurement procedures during nondisaster periods;

        (B) standard procurement procedures before and after major disasters;

        (C) whether the Administration meets the criteria to be exempt from the normal General Services Administration procurement process for its disaster response; and

        (D) whether any administrative or legislative changes are needed to allow the Administration to be exempt from the normal General Service Administration procurement process in response to a disaster; and

      (12) a description of the findings and recommendations of the Administrator, if any, based on a review of the response of the Administration to Hurricane Katrina of 2005, Hurricane Rita of 2005, and Hurricane Wilma of 2005.

DISASTER LOAN PROGRAM MONTHLY ACCOUNTING REPORT

    SEC. 2202. (a) In this section--

      (1) the term `applicable period' means the period beginning on the date on which the President declares a major disaster and ending on the date that is 30 days after the later of the closing date for applications for physical disaster loans for such disaster and the closing date for applications for economic injury disaster loans for such disaster; and

      (2) the term `major disaster' has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

    (b) Not later than the fifth business day of each month during the applicable period for a major disaster, the Administrator of the Small Business Administration shall provide to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and to the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the operation of the disaster loan program authorized under section 7 of the Small Business Act (15 U.S.C. 636) for such disaster during the preceding month.

    (c) Each report under subsection (b) shall include--

      (1) the daily average lending volume, in number of loans and dollars, and the percent by which each category has increased or decreased since the previous report under subsection (b);

      (2) the weekly average lending volume, in number of loans and dollars, and the percent by which each category has increased or decreased since the previous report under subsection (b);

      (3) the amount of funding spent over the month for loans, both in appropriations and program level, and the percent by which each category has increased or decreased since the previous report under subsection (b);

      (4) the amount of funding available for loans, both in appropriations and program level, and the percent by which each category has increased or decreased, noting the source of any additional funding;

      (5) an estimate of how long the available funding for such loans will last, based on the spending rate;

      (6) the amount of funding spent over the month for staff, along with the number of staff, and the percent by which each category has increased or decreased since the previous report under subsection (b);

      (7) the amount of funding spent over the month for administrative costs, and the percent by which such spending has increased or decreased since the previous report under subsection (b);

      (8) the amount of funding available for salaries and expenses combined, and the percent by which such funding has increased or decreased, noting the source of any additional funding; and

      (9) an estimate of how long the available funding for salaries and expenses will last, based on the spending rate.

CHAPTER 3

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

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

Military Personnel, Navy

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

Military Personnel, Marine Corps

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

Military Personnel, Air Force

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

Reserve Personnel, Army

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

Reserve Personnel, Navy

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

Reserve Personnel, Marine Corps

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

Reserve Personnel, Air Force

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

National Guard Personnel, Army

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

National Guard Personnel, Air Force

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

OPERATION AND MAINTENANCE

Operation and Maintenance, Navy

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

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

PROCUREMENT

Procurement of Ammunition, Army

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

Other Procurement, Army

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

Aircraft Procurement, Navy

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

Procurement of Ammunition, Navy and Marine Corps

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

Shipbuilding and Conversion, Navy

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

Other Procurement, Navy

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

Aircraft Procurement, Air Force

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

Procurement, Defense-Wide

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Navy

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

Research, Development, Test and Evaluation, Air Force

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

Research, Development, Test and Evaluation, Defense-Wide

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

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

National Defense Sealift Fund

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

TRUST FUNDS

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

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

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

Office of the Inspector General

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

GENERAL PROVISIONS--THIS CHAPTER

SPECIAL TRANSFER AUTHORITY

(TRANSFER OF FUNDS)

    SEC. 2301. Upon his determination that such action is necessary to ensure the appropriate allocation of funds provided to the Department of Defense in this chapter, the Secretary of Defense may transfer up to $75,000,000, of such funds between such appropriations: Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to this authority: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority available to the Department of Defense: Provided further, That the amount made available by the transfer of funds in or pursuant to this section is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

PROHIBITION OF NEW START PROGRAMS

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

NAVY SHIPBUILDING COST ADJUSTMENTS

    SEC. 2303. (a) Amounts appropriated or otherwise made available by this Act, or by chapter 2 of title I of the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (division B of Public Law 109-148; 119 Stat. 2757), under the heading `Shipbuilding and Conversion, Navy' may be obligated and expended to pay the costs of any business disruption incurred by a ship construction contractor with respect to facilities or businesses located in the Hurricane Katrina Disaster Area by reason of Hurricane Katrina.

    (b) Amounts received by a ship construction contractor under subsection (a) with respect to the costs of business disruption described in that subsection may not be treated as collateral insurance coverage or otherwise treated as payments which would reduce amounts otherwise payable to the contractor for such costs under any insurance or similar payer plan.

    (c) The Secretary of the Navy shall adjust any shipbuilding contract with a ship construction contractor described in subsection (a) in order to take into account the business disruption incurred by the contractor as described in that subsection.

    (d)(1) In the event a shipbuilding contractor receives payment (whether through insurance or similar payer plan) for costs described in subsection (a) for which the contractor has been paid amounts under that subsection, the contractor shall reimburse the United States for amounts paid under that subsection in the amount of the payment so received by the contractor.

    (2) Amounts received by the United States as reimbursement under paragraph (1) shall be credited to the account from which payment for the amounts reimbursed were made. Amounts credited to such account shall be merged with amounts in such account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such account.

    (e) In this section, the term `Hurricane Katrina Disaster Area' has the meaning given that term in section 1400M(2) of the Internal Revenue Code of 1986.

CHAPTER 4

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

INVESTIGATIONS

    For an additional amount for `Investigations' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $45,000,000, to remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006: Provided further, That using $20,000,000 of the funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed, at full Federal expense, to inventory all Federal and non-Federal flood and storm damage reduction projects; develop and test a methodology to assess the structural and operational integrity of such projects and the associated risks; and establish and maintain a database of such projects, which shall include information on the structural and operational integrity of the projects and the parties responsible for operation and maintenance of the projects included therein: Provided further, That $25,000,000 of the funds provided herein shall be used for Louisiana Coastal Area Restoration studies.

    For an additional amount for `Investigations' for flood hazard analyses and technical studies related to the consequences of Hurricane Katrina and other disasters, $2,500,000 to remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006: Provided further, That the Secretary of the Army acting through the Chief of Engineers is directed to use funds appropriated herein for disaster and other emergency needs, of which up to $1,000,000 is for Flood Plain Management Services for flood hazard and hydrologic investigations in flood prone areas of Hawaii; up to $1,250,000 is for the Delta Islands and Levee study in California; and $250,000 is for completion of the CALFED 180-day levee study: Provided further, That the amount shall be available for the studies identified above and only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement, is transmitted by the President to the Congress.

CONSTRUCTION

    For an additional amount for `Construction' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $595,300,000, to remain available until expended, of which up to $100,000,000 may be used to reduce the risk of storm damage to the greater New Orleans metropolitan area, at full Federal expense, by restoring the surrounding wetlands through measures to begin to reverse wetland losses in areas affected by navigation, oil and gas, and other channels and through modification of the Caernarvon Freshwater Diversion structure or its operations; at least $495,300,000 shall be used consistent with the cost-sharing provisions under which the projects were originally constructed to raise levee heights where necessary and otherwise enhance the existing Lake Pontchartrain and Vicinity project and the existing West Bank and Vicinity project to provide the levels of protection necessary to achieve the certification required for participation in the National Flood Insurance Program under the base flood elevations current at the time of this construction: Provided, That any project using funds appropriated herein shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary of the Army to pay 100 percent of the operation, maintenance, repair, replacement and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That Congress designates this amount as an emergency requirement for these specific purposes: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

    For an additional amount for `Construction' for necessary expenses related to other disasters, $39,000,000, to remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006: Provided further, That the Secretary of the Army acting through the Chief of Engineers is directed to use funds appropriated herein for disaster and other emergency needs, of which up to $7,100,000 is for South Sacramento Streams, California; up to $23,300,000 is for the Sacramento River Bank Protection, California; up to $5,100,000 is for American River (Common Features), California; up to $1,500,000 is for North Padre Island, Texas; and up to $2,000,000 shall be provided at full Federal expense for the Hawaii water systems technical assistance program: Provided further, That the amount shall be available for the projects identified above and only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement, is transmitted by the President to the Congress.

OPERATIONS AND MAINTENANCE

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

FLOOD CONTROL AND COASTAL EMERGENCIES

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

    For an additional amount for `Flood Control and Coastal Emergencies', as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for necessary expenses relating to those hurricanes and other disasters, $17,500,000, to remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006: Provided further, That the Secretary, acting through the Chief of Engineers, is directed to use funds appropriated under this heading for the restoration of funds for hurricane-damaged projects in the State of Pennsylvania: Provided further, That the amount shall be available for the projects identified above and only to the extent that an official budget request for a specific dollar amount, including a designation of the entire amount of the request as an emergency requirement, is transmitted by the President to Congress.

GENERAL PROVISIONS--THIS CHAPTER

FLOOD PROTECTION, LOUISIANA

    SEC. 2401. (a) There shall be made available $200,000,000 for the Secretary of the Army (referred to in this section as the `Secretary') to provide, at full Federal expense--

      (1) removal of the existing pumping stations on the 3 interior drainage canals in Jefferson and Orleans Parishes and realignment of the drainage canals to direct interior flows to the new permanent pump stations to be constructed at Lake Pontchartrain;

      (2) repairs, replacements, modifications, and improvements of non-Federal levees and associated protection measures--

        (A) in areas of Terrebonne Parish; and

        (B) on the east bank of the Mississippi River in Plaquemines Parish, Louisiana; and

      (3) for armoring the hurricane and storm damage reduction system in south Louisiana.

      (4) A project under this section shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary to pay 100 percent of the operation and maintenance costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors.

      (5) Not later than 60 days after the date of enactment of this Act the Secretary in consultation with Plaquemines Parish and the State of Louisiana shall submit to Congress a report detailing a modified plan regarding levels of protection for lower Plaquemines Parish, Louisiana, relating to hurricane protection with a focus on--

        (A) protecting densely populated areas;

        (B) energy infrastructure;

        (C) structural and nonstructural coastal barriers and protection;

        (D) port facilities; and

        (E) the long-term maintenance and protection of the deep draft navigation channel on the Mississippi River, not including the Mississippi River-Gulf Outlet.

      (6) Not later than 30 days after the date of enactment of this Act, the Secretary shall offer to enter into a contract with the National Academies to provide to the Secretary a report, by not later than 90 days after the date of enactment of this Act, describing, for the period beginning on the date on which the individual system components for hurricane and storm damage reduction was constructed and ending on the date on which the report is prepared, the difference between--

        (A) the portion of the vertical depreciation of the system that is attributable to design and construction flaws, taking into consideration the settling of levees and floodwalls or subsidence; and

        (B) the portion of that depreciation that is attributable to the application of new storm data that may require a higher level of vertical protection in order to comply with 100-year floodplain certification and standard protect hurricane.

      (7) The Secretary of the Army, acting through the Chief of Engineers, shall use $3,500,000 within the funds provided in Sec. 2401(a) to develop a comprehensive plan, at full Federal expense, to, at a minimum, deauthorize deep draft navigation on the Mississippi River-Gulf Outlet established by Public Law 84-455 (70 Stat. 65, chapter 112) (referred to in this matter as the `Outlet'), extending from the Gulf of Mexico to the Gulf Intracoastal Waterway, and address wetland losses attributable to the Outlet, channel bank erosion, hurricane and storm protection, saltwater intrusion, navigation, ecosystem restoration, and related issues: Provided, That the plan shall include recommended authorization modifications to the Outlet regarding what, if any, navigation should continue, measures to provide hurricane and storm protection, prevent saltwater intrusion, and re-establish the storm buffering properties and ecological integrity of the wetland damaged by construction and operation of the Outlet, and complement restoration of coastal Louisiana: Provided further, That the Secretary shall develop the plan in consultation with the Parish of St. Bernard, Louisiana, the State of Louisiana, the Secretary of the Interior, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the National Academy of Sciences: Provided further, That the Secretary shall seek input, review, and comment from the public and the scientific community for incorporation into the interim plan: Provided further, That the Secretary shall ensure that an independent panel of experts established by the National Academy of Sciences reviews and provides written comments for incorporation into the interim plan: Provided further, That, not later than 6 months after the date of enactment of this Act, the Secretary shall submit an interim report to Congress comprising the plan, the written comments of the independent panel of experts, and the written explanation of the Secretary for any recommendation of the independent panel of experts not adopted in the plan: Provided further, That the Secretary shall refine the plan, if necessary, to be fully consistent, integrated, and included in the final technical report to be issued in December 2007 pursuant to the matter under the heading `INVESTIGATIONS' under the heading `Corps of Engineers--Civil' of title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109-103, 119 Stat. 2247; Public Law 109-148, 119 Stat. 2814): Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006: Provided further, That for the projects identified in the report on the Mississippi River-Gulf Outlet due by December 2007, required by this section, the Secretary shall submit such reports to the Senate Environment and Public Works Committee and House Transportation and Infrastructure Committee: Provided further, That upon adoption of a resolution authorizing the project by each committee, the Secretary shall be authorized to construct such projects.

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

    SEC. 2402 USE OF UNEXPENDED FUNDS. (a) IN GENERAL- Notwithstanding any other provision of law, amounts made available to the State of Oklahoma or agencies or authorities therein (referred to in this section as the `State') before the date of enactment of this Act for general remediation activities being conducted in the vicinity of the Tar Creek Superfund Site in northeastern Oklahoma and in Ottawa County, Oklahoma, that remain unexpended as of the date of enactment of this Act are authorized to be used by the State to assist individuals and entities in removal from areas at risk or potential risk of damage caused by land subsidence as determined by the State.

      (b) USE OF UNEXPENDED FUNDS- The use of unexpended funds in accordance with subsection (a)--

    (1) shall not be subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.);

    (2) may include any general remediation activities described in section (a) determined to be appropriate by the State, including the buyout of 1 or more properties to facilitate a removal described in subsection (a).

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

Customs and Border Protection

SALARIES AND EXPENSES

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

CONSTRUCTION

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

United States Coast Guard

OPERATING EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

    For an additional amount for `Operating Expenses' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $90,570,900, to remain available until September 30, 2007, of which up to $267,000 may be transferred to `Environmental Compliance and Restoration' to be used for environmental cleanup and restoration of Coast Guard facilities in the Gulf of Mexico region; and of which up to $470,000 may be transferred to `Research, Development, Test and Evaluation' to be used for salvage and repair of research and development equipment and facilities: Provided, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

    For an additional amount for `Acquisition, Construction, and Improvements' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $191,844,000, to remain available until expended: Provided, That such amounts shall be available for major repair and reconstruction projects for facilities that were damaged and for damage to vessels currently under construction, for the replacement of damaged equipment, and for the reimbursement of delay, loss of efficiency, disruption, and related costs: Provided further, That amounts provided are also for equitable adjustments and provisional payments to contracts for Coast Guard vessels for which funds have been previously appropriated: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Federal Emergency Management Agency

ADMINISTRATIVE AND REGIONAL OPERATIONS

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

PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

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

DISASTER RELIEF

    For an additional amount for `Disaster Relief' for necessary expenses under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $10,400,000,000, to remain available until expended: Provided, That for States in which the President declared a major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) on September 24, 2005, as a result of Hurricane Rita, each county or parish eligible for individual and public assistance under such declaration in such States will be treated equally for purposes of cost-share adjustments under such Act, to account for the impact in those counties and parishes of Hurricanes Rita and Katrina: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006: Provided further, That any charter school, as that term is defined in section 5210 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 722(i)), regardless of whether the facility of such charter school is privately or publicly owned, shall be considered for reimbursement for damages incurred to public schools due to the effects of Hurricane Katrina or Hurricane Rita: Provided further, That if the facility that houses the charter school is privately owned, then such facility shall reimburse FEMA for any improvements or repairs made to the facility that would not otherwise have been reimbursed by FEMA but for the existence of the charter school, if such charter school vacates such facility before the end of 5 years following completion of construction and approved inspection by a government entity, unless it is replaced by another charter school during that 5-year period.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

GENERAL PROVISIONS--THIS CHAPTER

FEDERAL EMERGENCY MANAGEMENT AGENCY

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

NATIONAL FLOOD INSURANCE FUND

    SEC. 2502. (a) Title III of Public Law 109-90 (119 Stat. 2079) is amended under the heading `National Flood Insurance Fund' by striking in the proviso `$30,000,000' and inserting `such sums as necessary, not to exceed $1,000,000,000,'.

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

HOUSING PILOT PROGRAM

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

CHAPTER 6

DEPARTMENT OF THE INTERIOR

United States Fish and Wildlife Service

CONSTRUCTION

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

National Park Service

HISTORIC PRESERVATION FUND

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

CONSTRUCTION

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

United States Geological Survey

SURVEYS, INVESTIGATIONS, AND RESEARCH

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

Minerals Management Service

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

ENVIRONMENTAL PROTECTION AGENCY

Environmental Programs and Management

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

Leaking Underground Storage Tank Program

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

DEPARTMENT OF AGRICULTURE

Forest Service

NATIONAL FOREST SYSTEM

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

CHAPTER 7

DEPARTMENT OF LABOR

Employment and Training Administration

TRAINING AND EMPLOYMENT SERVICES

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

Departmental Management

OFFICE OF INSPECTOR GENERAL

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

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

Centers for Disease Control and Prevention

DISEASE CONTROL, RESEARCH, AND TRAINING

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

Office of the Secretary

OFFICE OF INSPECTOR GENERAL

    For an additional amount for `Office of Inspector General' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $2,669,846, to remain available until September 30, 2007: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

DEPARTMENT OF EDUCATION

Departmental Management

OFFICE OF THE INSPECTOR GENERAL

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

HURRICANE EDUCATION RECOVERY

    For an additional amount under the heading `Department of Education' in Public Law 109-148 for carrying out section 107 of title IV, division B of that Act, $300,000,000, for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season: Provided, That an additional $350,000,000 shall be available to the Department of Education, until December 31, 2006, for part A of title V of the Elementary and Secondary Education Act of 1965 (`ESEA') for allocations to States for necessary expenses in the 2006-2007 academic year related to the consequences of Hurricanes Katrina and Rita: Provided further, That, notwithstanding the allotment formula described in section 5111 of the ESEA, funds made available in the preceding proviso shall be allocated to each eligible State educational agency on the basis of its relative share of displaced students (as that term is defined in section 107(b)(1) of title IV of division B of Public Law 109-148) enrolled on October 1, 2006, provided that the number of displaced students enrolled in public and private elementary schools and secondary schools in the State is not less than 1 percent of the total fourth quarter displaced student enrollment count of the 2005-2006 academic year: Provided further, That, notwithstanding the allocation formula described in section 5112 of the ESEA, each State educational agency shall make 100 percent of funds available under such proviso to local educational agencies on the basis of each local educational agency's relative share of displaced students on October 1, 2006: Provided further, That such local educational agencies shall use such funds in accordance with sections 5131 and 5142 of the ESEA: Provided further, that the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

    For the principal amount of direct loans, as authorized under section 2701 of title II of this Act, made not later than 60 days after the enactment of this Act for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $300,000,000.

    For the cost of direct loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, $200,000,000, to remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

    Hereafter, the loan level established under this heading shall be considered an estimate, not a limitation.

    For an additional amount under part B of title VII of the Higher Education Act of 1965 for institutions of higher education (as defined in section 102 of that Act) that are located in an area in which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and emergency Assistance Act related to hurricanes in the Gulf of Mexico in calendar year 2005, $30,000,000 for hurricane related costs: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

RELATED AGENCIES

Corporation for National and Community Service

NATIONAL AND COMMUNITY SERVICE PROGRAMS, OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

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

Social Security Administration

OFFICE OF INSPECTOR GENERAL

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

GENERAL PROVISIONS--THIS CHAPTER

DEPARTMENT OF EDUCATION--HURRICANE EDUCATION RECOVERY

    SEC. 2701. (a) Authorization of Program- The Secretary of Education shall establish an Education Relief Loan Program that includes amounts appropriated under chapter 7 of title II of this Act and provides from such amounts funds for long-term, low-interest direct loans to eligible postsecondary educational institutions for direct or indirect losses incurred on or after August 28, 2005, resulting from the impact of Hurricanes Katrina and Rita, and recovery initiatives of such institutions.

    (b) Eligibility- In this section, the term `eligible postsecondary educational institution' means--

      (1) a public postsecondary educational institution that was forced to suspend operations due to the impact of Hurricanes Katrina and Rita and has not been able to reopen in existing facilities or fully reopen to the levels that existed before the impact of such hurricanes;

      (2) a private, nonprofit postsecondary educational institution that was forced to suspend operations due to the impact of such hurricanes and has not been able to reopen in existing facilities or fully reopen to the levels that existed before the impact of such hurricanes; or

      (3) a public or private school of medicine that was forced to suspend operations due to the impact of such hurricanes and has not been able to reopen in existing facilities or fully reopen to the levels that existed before the impact of such hurricanes.

    (c) Requirements For Assistance Due to Losses-

      (1) IN GENERAL- An eligible postsecondary educational institution that desires to receive assistance under this section shall--

        (A) submit a sworn financial statement and other appropriate data, documentation, or other evidence requested by the Secretary of Education that indicates that the institution incurred losses resulting from the impact of Hurricanes Katrina and Rita and the monetary amount of such losses;

        (B) demonstrate that the institution attempted to minimize the cost of any losses by pursuing collateral source compensation from the Federal Emergency Management Agency, the Small Business Administration, and insurance prior to seeking assistance under this section; and

        (C) demonstrate that the institution has not been able to reopen in existing facilities or fully reopen to the levels that existed before the impact of such hurricanes.

      (2) NO REQUIREMENT THAT INSTITUTION RECEIVE COLLATERAL SOURCE COMPENSATION- An eligible postsecondary educational institution shall be eligible for a loan under this section regardless of whether or not such institution received collateral source compensation from the Federal Emergency Management Agency, the Small Business Administration, or insurance.

    (d) Use of Assistance- Assistance received by an eligible postsecondary educational institution pursuant to this section may be used for--

      (1) direct and indirect construction cost and clean-up resulting from Hurricanes Katrina and Rita;

      (2) faculty salaries and incentives for retaining faculty; and

      (3) costs of lost tuition, revenue, and enrollment.

    (e) Audit- The Secretary of Education and the Comptroller General of the United States may audit a statement submitted under subsection (c)(1)(A) and may request any information that the Secretary of Education and Comptroller General determine necessary to conduct such an audit.

    (f) Reduction in Assistance- In calculating assistance to eligible postsecondary educational institutions under this section, the Secretary of Education shall calculate a figure that reduces from the monetary amount of losses incurred by such institution, only the amount of collateral source compensation the institution has already received from insurance, the Federal Emergency Management Agency, and the Small Business Administration.

    (g) Regulations- Not later than 30 days after the date of enactment of this section, the Secretary of Education shall establish terms for the long-term, low-interest direct loan program and procedures for an application for assistance under this section and minimum requirements for the program and for receiving assistance under this section, including the following:

      (1) Forms to be used in submitting request for assistance.

      (2) Procedures to assist in filing and pursing assistance.

      (3) Loan repayment and interest rate procedures and requirements, as specified by the Secretary of Education and in accordance with the published rule of October 18, 2005 (44 C.F.R. 206.370-377), implementing the Community Disaster Loan Act of 2005 (Public Law 109-88).

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING PROGRAM

    SEC. 2702. (a) In this section:

      (1) The term `affected institution' means an institution of higher education that is--

        (A) a part B institution, as such term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); and

        (B) located in an area affected by a Gulf hurricane disaster.

      (2) The terms `area affected by a Gulf hurricane disaster' and `Gulf hurricane disaster' have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109-148, 119 Stat. 2809).

    (b) Notwithstanding any other provision of law (unless enacted with specific reference to this section), the Secretary of Education is authorized to waive or modify, as the Secretary determines is necessary, any statutory or regulatory provision related to historically Black college and university capital financing under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.), in connection with a Gulf hurricane disaster, to ensure that--

      (1) the calculation of financing need under section 343 of such Act (20 U.S.C. 1066b) for an affected institution is modified to reflect any changes in the financial condition of the institution as a result of the Gulf hurricane disaster; and

      (2) an affected institution that was not receiving assistance under such part before the Gulf hurricane disaster is eligible to apply for capital financing to assist in institutional recovery from the Gulf hurricane disaster.

    (c)(1) Notwithstanding section 343(b)(1) or any other provision of title III of the Higher Education Act of 1965 (20 U.S.C. 1066b(b)(1), 1051 et seq.), in carrying out section 343 of such Act, a designated bonding authority shall withhold not more than 1 percent for the cost of issuance from the proceeds of qualified bonds that are loaned to an affected institution.

    (2) Notwithstanding section 343(b)(3) or any other provision of title III of the Higher Education Act of 1965 (20 U.S.C. 1066b(b)(3), 1051 et seq.), the interest rate charged for a loan issued under part D of title III of such Act, after the date of enactment of this Act and with respect to an affected institution, shall be a rate of 1 percent for the period of the loan.

    (3) Notwithstanding any other provision of title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), the requirements of section 343(b)(8) and 343(c)(2) of such Act (20 U.S.C. 1066(b)(8)) shall not apply with respect to an affected institution receiving a loan under part D of title III of such Act (20 U.S.C. 1066 et seq.).

    (d) Notwithstanding any provision of title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or any regulation promulgated under such title, the Secretary of Education shall grant a deferment, for a period of not more than 3 years, to an affected institution who has received a loan under part D of title III of such Act (20 U.S.C. 1066 et seq.). During the deferment period granted under this subsection, the affected institution shall not be required to pay any periodic installment of principal required under the loan agreement for such loan, and interest on such loan shall not accrue for the period of the deferment.

    (e)(1) Except as provided in paragraph (2), the authority provided under this section to enter into, or modify or waive the terms of, a loan agreement or insurance agreement under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.), or to grant a loan deferment under subsection (d), shall terminate 1 year after the date of enactment of this Act.

    (2) Any provision of a loan agreement or insurance agreement modified or waived by the authority under this section shall remain so modified or waived for the duration of the period covered by the loan agreement or insurance agreement.

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

USE OF SUPPLEMENTAL HIGHER EDUCATION ACT FUNDS

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

SOCIAL SECURITY ADMINISTRATION

(TRANSFER OF FUNDS)

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

CHAPTER 8

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military Construction, Navy

    For an additional amount for `Military Construction, Navy' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $44,770,000, to remain available until September 30, 2010: Provided, That such funds may be obligated or expended for planning and design and military construction projects not otherwise authorized by law: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Military Construction, Air Force

    For an additional amount for `Military Construction, Air Force' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $103,500,000, to remain available until September 30, 2010: Provided, That such funds may be obligated or expended for planning and design and military construction projects not otherwise authorized by law: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Military Construction, Army National Guard

    For an additional amount for `Military Construction, Army National Guard' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $210,071,000, to remain available until September 30, 2010: Provided, That such funds may be obligated or expended for planning and design and military construction projects not otherwise authorized by law: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006: Provided further, That the amount appropriated under this heading in the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (division B, Public Law 109-148) shall remain available until September 30, 2010.

Military Construction, Air National Guard

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

Military Construction, Naval Reserve

(INCLUDING RESCISSION OF FUNDS)

    For an additional amount for `Military Construction, Naval Reserve' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $24,270,000, to remain available until September 30, 2010: Provided, That such funds may be obligated or expended for planning and design and military construction projects not otherwise authorized by law: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006: Provided further, That the amount appropriated under this heading in the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (division B, Public Law 109-148) shall remain available until September 30, 2010, except that, of such amount $49,530,000 are rescinded.

DEPARTMENT OF VETERANS AFFAIRS

Departmental Administration

CONSTRUCTION, MAJOR PROJECTS

    For an additional amount for `Construction, Major Projects' for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $623,000,000, to remain available until expended: Provided, That of that amount, $12,000,000 may be available for environmental cleanup and removal of debris from Department of Veterans Affairs land in Gulfport, Mississippi: Provided further, That of that amount, $50,000,000 shall be available for any purpose for which funds in the `Construction, Major Projects' account are available under law: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

RELATED AGENCY

Armed Forces Retirement Home

MAJOR CONSTRUCTION

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

GENERAL PROVISIONS--THIS CHAPTER

MILITARY CONSTRUCTION

(WAIVER OF LIMITATION)

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

DEPARTMENT OF VETERANS AFFAIRS

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

    SEC. 2802. (a) Of the amounts made available in chapter 7 of the title I of division B of Public Law 109-148, `Department of Veterans Affairs', `Veterans Health Administration', `Medical Services', $198,265,000 are hereby rescinded.

    (b) For an additional amount for `Department of Veterans Affairs', `Veterans Health Administration', `Medical Services', $198,265,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005.

    (c) The funds made available in subsection (b) may be transferred to the `Department of Veterans Affairs', `Veterans Health Administration', `Medical Services', `Medical Administration', `Medical Facilities', `Departmental Administration', `Construction, Minor Projects', and `Information Technology Systems' accounts as required.

    (d) Not less than 15 days prior to making any such transfer as authorized under subsection (c), the Department shall notify the Committees on Appropriations of both Houses of Congress.

    (e) This section is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

DEPARTMENT OF VETERANS AFFAIRS

LAND TRANSFER

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

DEPARTMENT OF VETERANS AFFAIRS

NEW ORLEANS AND BILOXI MEDICAL FACILITIES

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

ARMED FORCES RETIREMENT HOME

(TRANSFER OF FUNDS)

    SEC. 2805. The following unobligated balances shall be transferred to the Armed Forces Retirement Home `Major Construction' account, to remain available until expended, for the planning and design and construction of a new Armed Forces Retirement Home in Gulfport, Mississippi from amounts appropriated under the heading `Armed Forces Retirement Home' in chapter 7 of division B of Public Law 109-148 (119 Stat. 2769), $45,000,000 provided for Armed Forces Retirement Home-Gulfport; and unobligated balances of funds provided in fiscal years 1998 through 2004 for construction and renovation of the physical plants at the United States Naval Home/Armed Forces Retirement Home-Gulfport: Provided, That the Navy, acting through the Naval Facilities Engineering Command, shall be the agent for all matters with regard to the planning, design, construction, and contract administration related to the construction of the new Armed Forces Retirement Home: Provided further, That the amount provided or otherwise made available under this section is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

CHAPTER 9

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

    For an additional amount for `Emergency relief program' as authorized under 23 U.S.C. 125, $594,000,000, to remain available until expended, to be made available to carry out projects eligible for reimbursement under 23 U.S.C. 125 not otherwise funded in other Appropriations Acts and identified under `Total Backlog' in the Federal Highway Administration table entitled `Emergency Relief Program Fund Requests--updated 03/28/06' as well as projects eligible for reimbursement resulting from 2006 flooding in the State of Hawaii: Provided, That notwithstanding 23 U.S.C. 120(e), the Federal share for all projects for repairs or reconstruction of highways, roads, bridges, and trails to respond to damage caused by Hurricanes Katrina, Rita, and Wilma shall be 100 percent: Provided further, That notwithstanding 23 U.S.C. 125(d)(1), the Secretary of Transportation may obligate more than $100,000,000 for such projects in a State in a fiscal year, to respond to damage caused by Hurricanes Dennis, Katrina, Rita, or Wilma and by the 2004-2005 winter storms in the State of California: Provided further, That any amounts in excess of those necessary for emergency expenses relating to the eligible projects cited in the first sentence of this paragraph may be used for other projects authorized under 23 U.S.C. 125: Provided further, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Federal Transit Administration

EMERGENCY ASSISTANCE FOR PUBLIC TRANSPORTATION

    For grants to State or local governmental entities directly affected by Hurricane Katrina for expenses related to emergency response and recovery of public transportation equipment, facilities and services, as determined by the Secretary of Transportation, $200,000,000, to remain available until expended: Provided, That for recipients of assistance under chapter 53 of title 49, United States Code, directly affected by Hurricane Katrina, the Secretary may waive the Federal matching share requirements for Federal transit assistance programs under such chapter, including the Federal matching share requirements contained in existing Federal assistance grant agreements: Provided further, That the Secretary may allow such recipients to use such assistance for operating assistance, notwithstanding the terms and conditions contained in existing Federal assistance grant agreements: Provided further, That the Secretary may waive any other Federal transit assistance grant requirements under such chapter or sections 3037 and 3038 of the Federal Transit Act of 1998, including those requirements contained in existing Federal assistance grant agreements to facilitate emergency response and recovery of public transportation equipment, facilities and services by such recipients: Provided further, That the authority of the Secretary hereunder shall expire two years after the date of enactment of this section, unless determined otherwise by the Secretary for a compelling need: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Federal Railroad Administration

CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS

    Notwithstanding any other provision of law, to enable the Secretary of Transportation to make a grant under 49 U.S.C. 20154, for the purpose of facilitating the relocation of a rail line that was destroyed or received significant damage as the result of Hurricane Katrina and other hurricanes of the 2005 season, $700,000,000, to remain available until expended: Provided, That relocating a significant portion of the rail traffic from a rail line destroyed or damaged to an existing rail corridor or corridors inland, and thus less vulnerable to damage by future hurricanes, and which permits the abandonment and alternative use of significant portions of the right-of-way of the rail line destroyed or damaged in 2005, shall be a permissible relocation of said rail line pursuant to 49 U.S.C. 20154: Provided further, That paragraphs (2), (3), and (4) of subsection (c) of section 20154 and subsection (d) of section 20154 shall not apply in the consideration of an application or award of a grant under this provision: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Public and Indian Housing

TENANT-BASED RENTAL ASSISTANCE

    For an additional amount for `Tenant-Based Rental Assistance' for tenant-based and project-based assistance for households within the area declared a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $202,000,000, to remain available until September 30, 2007, of which not to exceed $5,000,000 is for the administrative and related information technology costs of the Department of Housing and Urban Development: Provided, That such households shall be limited to those identified under this heading in division B, Public Law 109-148 and to those which, prior to Hurricane Katrina or Rita, received assistance under section 236 or under section 221(d)(3) pursuant to section 221(d)(5) of the National Housing Act, or section 101 of the Housing and Urban Development Act of 1965: Provided further, That, except as otherwise provided, such funds shall be subject to the terms and conditions of amounts provided under this heading in division B, Public Law 109-148, except that section 8(o)(7)(A) of the United States Housing Act of 1937 shall not apply to funds under such heading and under this heading: Provided further, That no less than $100,000,000 shall be made available as project-based assistance used to support the reconstruction, rebuilding, and repair of assisted housing that suffered the consequences of Hurricane Katrina and other hurricanes of the 2005 season or new structures supported under the low income tax credit program: Provided further, That previously assisted HUD project-based housing and residents of such housing shall be accorded a preference in the use of such project-based assistance, except that such funds shall be made available for 4,500 project-based vouchers for supportive housing units for persons with disabilities, as that term is defined in section 422(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11382(2)), elderly families, or previously homeless individuals and families: Provided further, That the limitation contained in section 8(o)(13)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B)) shall not apply to such funds: Provided further, That, notwithstanding any other provision of law, after providing a first right of return to all households in the St. Bernard, Orleans, Plaquemines, Jefferson, and St. Tammany Parishes eligible for project-based housing assistance under this heading and under this heading in division B, Public Law 109-148, owners may then offer remaining available dwelling units to city and parish employees from those parishes for a period of not to exceed 12 months: Provided further, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

Community Planning and Development

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for the `Community development fund', for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in the most impacted and distressed areas related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season in States for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in conjunction with Hurricane Katrina and other hurricanes of the 2005 season, $5,200,000,000, to remain available until expended, for activities authorized under title I of the Housing and Community Development Act of 1974 (Public Law 93-383): Provided, That funds provided under this heading shall be administered through an entity or entities designated by the Governor of each State: Provided further, That such funds may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency, the Small Business Administration, or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not adversely affect the amount of any formula assistance received by a State under this heading: Provided further, That each State may use up to five percent of its allocation for administrative costs: Provided further, That not less than $1,000,000,000 from funds made available on a pro-rata basis according to the allocation made to each State under this heading shall be used for repair, rehabilitation, and reconstruction (including demolition, site clearance and remediation) of the affordable rental housing stock (including public and other HUD-assisted housing) in the impacted areas: Provided further, That as long as $5,200,000,000 is provided under this heading no State shall be allocated less than 3.5 percent of the amount provided under this heading: Provided further, That in administering the funds under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds or guarantees (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a request by the State that such waiver is required to facilitate the use of such funds or guarantees, and a finding by the Secretary that such waiver would not be inconsistent with the overall purpose of the statute: Provided further, That the Secretary may waive the requirement that activities benefit persons of low and moderate income, except that at least 50 percent of the funds made available under this heading must benefit primarily persons of low and moderate income unless the Secretary otherwise makes a finding of compelling need: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That every waiver made by the Secretary must be reconsidered according to the three previous provisos on the two-year anniversary of the day the Secretary published the waiver in the Federal Register: Provided further, That prior to the obligation of funds each State shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure: Provided further, That prior to the obligation of funds to each State, the Secretary shall ensure that such plan gives priority to infrastructure development and rehabilitation and the rehabilitation and reconstruction of the affordable rental housing stock including public and other HUD-assisted housing: Provided further, That each State will report quarterly to the Committees on Appropriations on all awards and uses of funds made available under this heading, including specifically identifying all awards of sole-source contracts and the rationale for making the award on a sole-source basis: Provided further, That the Secretary shall notify the Committees on Appropriations on any proposed allocation of any funds and any related waivers made pursuant to these provisions under this heading no later than 5 days before such waiver is made: Provided further, That the Secretary shall establish procedures to prevent recipients from receiving any duplication of benefits and report quarterly to the Committees on Appropriations with regard to all steps taken to prevent fraud and abuse of funds made available under this heading including duplication of benefits: Provided further, That of the amounts made available under this heading, the Secretary shall transfer $12,000,000 to the Office of Inspector General for costs associated with oversight: Provided further, That none of the funds provided under this heading may be used by a State or locality as a matching requirement, share, or contribution for any other Federal program: Provided further, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

INDEPENDENT AGENCIES

Election Assistance Commission

ELECTION ASSISTANCE

    For purposes of making discretionary payments to States affected by Hurricane Katrina and other hurricanes during the 2005 season to restore and replace supplies, materials, records, equipment, and technology used in the administration of Federal elections and to ensure the full participation of individuals displaced by such hurricanes, $30,000,000: Provided, That any such funds shall be used in a manner that is consistent with title III of the Help America Vote Act of 2002: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

General Services Administration

FEDERAL BUILDINGS FUND

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

TITLE III

EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

SEC. 3001. SHORT TITLE.

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

SEC. 3002. DEFINITIONS.

    In this title:

      (1) ADDITIONAL COVERAGE- The term `additional coverage' has the meaning given the term in section 502(b)(1) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).

      (2) DISASTER COUNTY- The term `disaster county' means--

        (A) a county included in the geographic area covered by a natural disaster declaration; and

        (B) each county contiguous to a county described in subparagraph (A).

      (3) HURRICANE-AFFECTED COUNTY- The term `hurricane-affected county' means--

        (A) a county included in the geographic area covered by a natural disaster declaration related to Hurricane Katrina, Hurricane Rita, Hurricane Wilma, or a related condition; and

        (B) each county contiguous to a county described in subparagraph (A).

      (4) INSURABLE COMMODITY- The term `insurable commodity' means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

      (5) LIVESTOCK- The term `livestock' includes--

        (A) cattle (including dairy cattle);

        (B) bison;

        (C) sheep;

        (D) swine; and

        (E) other livestock, as determined by the Secretary.

      (6) NATURAL DISASTER DECLARATION- The term `natural disaster declaration' means--

        (A) a natural disaster declared by the Secretary--

          (i) during calendar year 2005 under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or

          (ii) during calendar year 2006 under that section, but for which a request was pending as of the date of enactment of this Act; or

        (B) a major disaster or emergency designated by the President--

          (i) during calendar year 2005 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or

          (ii) during calendar year 2006 under that Act, but for which a request was pending as of the date of enactment of this Act.

      (7) NONINSURABLE COMMODITY- The term `noninsurable commodity' means a crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).

      (8) SECRETARY- The term `Secretary' means the Secretary of Agriculture.

Subtitle A--Agricultural Production Losses

SEC. 3011. CROP DISASTER ASSISTANCE.

    (a) In General- The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying losses described in subsection (c).

    (b) Administration-

      (1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for quantity and economic losses as were used in administering that section, except that the payment rate shall be 50 percent of the established price, instead of 65 percent.

      (2) LOSS THRESHOLDS FOR QUALITY LOSSES- In the case of a payment for quality loss for a crop under subsection (c)(2), the loss thresholds for quality loss for the crop shall be determined under subsection (d).

    (c) Qualifying Losses- Assistance under this section shall be made available to producers on farms, other than producers of sugar cane and sugar beets, that incurred qualifying quantity or quality losses for--

      (1) the 2005 crop due to damaging weather or any related condition (including losses due to crop diseases, insects, and delayed harvest), as determined by the Secretary; and

      (2) the 2006 crop due to flooding in California and Hawaii that occurred prior to the date of enactment of this Act and for which a petition for a disaster designation has been filed with the Secretary not later than that date.

    (d) Quality Losses-

      (1) IN GENERAL- Subject to paragraph (3), the amount of a payment made to producers on a farm for a quality loss for a crop under subsection (c)(2) shall be equal to the amount obtained by multiplying--

        (A) 65 percent of the payment quantity determined under paragraph (2); by

        (B) 50 percent of the payment rate determined under paragraph (3).

      (2) PAYMENT QUANTITY- For the purpose of paragraph (1)(A), the payment quantity for quality losses for a crop of a commodity on a farm shall equal the lesser of--

        (A) the actual production of the crop affected by a quality loss of the commodity on the farm; or

        (B) the quantity of expected production of the crop affected by a quality loss of the commodity on the farm, using the formula used by the Secretary to determine quantity losses for the crop of the commodity under subsection (c)(1).

      (3) PAYMENT RATE- For the purpose of paragraph (1)(B) and in accordance with paragraphs (5) and (6), the payment rate for quality losses for a crop of a commodity on a farm shall be equal to the difference between--

        (A) the per unit market value that the units of the crop affected by the quality loss would have had if the crop had not suffered a quality loss; and

        (B) the per unit market value of the units of the crop affected by the quality loss.

      (4) ELIGIBILITY- For producers on a farm to be eligible to obtain a payment for a quality loss for a crop under subsection (c)(2), the amount obtained by multiplying the per unit loss determined under paragraph (1) by the number of units affected by the quality loss shall be at least 25 percent of the value that all affected production of the crop would have had if the crop had not suffered a quality loss.

      (5) MARKETING CONTRACTS- In the case of any production of a commodity that is sold pursuant to 1 or more marketing contracts (regardless of whether the contract is entered into by the producers on the farm before or after harvest) and for which appropriate documentation exists, the quantity designated in the contracts shall be eligible for quality loss assistance based on the 1 or more prices specified in the contracts.

      (6) OTHER PRODUCTION- For any additional production of a commodity for which a marketing contract does not exist or for which production continues to be owned by the producer, quality losses shall be based on the average local market discounts for reduced quality, as determined by the appropriate State committee of the Farm Service Agency.

      (7) QUALITY ADJUSTMENTS AND DISCOUNTS- The appropriate State committee of the Farm Service Agency shall identify the appropriate quality adjustment and discount factors to be considered in carrying out this subsection, including--

        (A) the average local discounts actually applied to a crop; and

        (B) the discount schedules applied to loans made by the Farm Service Agency or crop insurance coverage under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

      (8) ELIGIBLE PRODUCTION- The Secretary shall carry out this subsection in a fair and equitable manner for all eligible production, including the production of fruits and vegetables, other specialty crops, and field crops.

    (e) Eligibility for Assistance-

      (1) IN GENERAL- Except as provided in paragraph (2), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm--

        (A) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses;

        (B) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses;

        (C) had average adjusted gross income (as defined by section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(a)), of greater than $2,500,000 in 2004; or

        (D) were not in compliance with highly erodible land conservation and wetland conservation provisions.

      (2) CONTRACT WAIVER- The Secretary may waive paragraph (1) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree--

        (A) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) providing additional coverage for the insurable commodity for each of the next 2 crops, at a coverage level that provides--

          (i) not less than 65 percent of the actual production history for the crop produced on the farm; and

          (ii) 100 percent of the expected market price or a comparable coverage (as determined by the Federal Crop Insurance Corporation); and

        (B) in the case of a noninsurable commodity, to file the required paperwork and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).

      (3) EFFECT OF VIOLATION- In the event of the violation of a contract under paragraph (2) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section.

    (f) Timing-

      (1) IN GENERAL- Subject to paragraph (2), the Secretary shall make payments to producers on a farm for a crop under this section not later than 60 days after the date the producers on the farm submit to the Secretary a completed application for the payments.

      (2) INTEREST- If the Secretary does not make payments to the producers on a farm by the date described in paragraph (1), the Secretary shall pay to the producers on a farm interest on the payments at a rate equal to the current (as of the sign-up deadline established by the Secretary) market yield on outstanding, marketable obligations of the United States with maturities of 30 years.

SEC. 3012. LIVESTOCK ASSISTANCE.

    (a) Livestock Compensation Program-

      (1) USE OF COMMODITY CREDIT CORPORATION FUNDS- Effective beginning on the date of enactment of this Act, the Secretary shall use funds of the Commodity Credit Corporation to carry out the 2002 Livestock Compensation Program announced by the Secretary on October 10, 2002 (67 Fed. Reg. 63070), to provide compensation for livestock losses during calendar years 2005 and 2006 for losses that occurred prior to the date of enactment of this Act (including wildfire disaster losses in the State of Texas and other States) due to a disaster, as determined by the Secretary, except that the payment rate shall be 75 percent of the payment rate established for the 2002 Livestock Compensation Program.

      (2) ELIGIBLE APPLICANTS- In carrying out the program described in paragraph (1), the Secretary shall provide assistance to any applicant that--

        (A)(i) conducts a livestock operation that is located in a disaster county, including any applicant conducting a livestock operation with eligible livestock (within the meaning of the livestock assistance program under section 101(b) of division B of Public Law 108-324 (118 Stat. 1234)); or

        (ii) produces an animal described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)); and

        (B) meets all other eligibility requirements established by the Secretary for the program.

      (3) MITIGATION- In determining the eligibility for or amount of payments for which a producer is eligible under the livestock compensation program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided.

      (4) LIMITATION- The Secretary shall ensure, to the maximum extent practicable, that no producer on a farm receives duplicative payments under this subsection and another Federal program with respect to any loss.

    (b) Livestock Indemnity Payments-

      (1) IN GENERAL- The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make livestock indemnity payments to producers on farms that have incurred livestock losses during calendar years 2005 and 2006 for losses that occurred prior to the date of enactment of this Act (including wildfire disaster losses in the State of Texas and other States) due to a disaster, as determined by the Secretary, including losses due to hurricanes, floods, anthrax, and wildfires.

      (2) PAYMENT RATES- Indemnity payments to a producer on a farm under paragraph (1) shall be made at a rate of not less than 30 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary.

    (c) Livestock Indemnity Program for Contract Growers-

      (1) IN GENERAL- Subject to subsection (d), the Secretary shall use funds of the Commodity Credit Corporation to establish a program to assist poultry producers in hurricane-affected counties that suffered income losses.

      (2) TERMS AND CONDITIONS- The program established under paragraph (1) shall contain similar terms and conditions as the terms and conditions used for the livestock indemnity program for contract growers described in subpart E of chapter XIV of title 7, Code of Federal Regulations (as in effect on January 1, 2002).

    (d) Ewe Lamb Replacement and Retention-

      (1) IN GENERAL- The Secretary shall use $15,000,000 of funds of the Commodity Credit Corporation to make payments under the Ewe Lamb Replacement and Retention Payment Program under part 784 of title 7, Code of Federal Regulations (or a successor regulation) for each qualifying ewe lamb retained or purchased during the period beginning on January 1, 2006, and ending on December 31, 2006.

      (2) INELIGIBILITY FOR OTHER ASSISTANCE- A producer that receives assistance under this subsection shall not be eligible to receive assistance under subsection (a).

    (e) Limit on Amount of Assistance- The Secretary shall ensure, to the maximum extent practicable, that no producer on a farm receives duplicative payments under this section and any other Federal program for the same loss.

SEC. 3013. FLOODED CROP AND GRAZING LAND.

    (a) In General- The Secretary shall compensate eligible owners of flooded crop and grazing land in--

      (1) the Devils Lake basin; and

      (2) the McHugh, Lake Laretta, and Rose Lake closed drainage areas of the State of North Dakota.

    (b) Eligibility-

      (1) IN GENERAL- To be eligible to receive compensation under this section, an owner shall own land described in subsection (a) that, during the 2 crop years preceding receipt of compensation, was rendered incapable of use for the production of an agricultural commodity or for grazing purposes (in a manner consistent with the historical use of the land) as the result of flooding, as determined by the Secretary.

      (2) INCLUSIONS- Land described in paragraph (1) shall include--

        (A) land that has been flooded;

        (B) land that has been rendered inaccessible due to flooding; and

        (C) a reasonable buffer strip adjoining the flooded land, as determined by the Secretary.

      (3) ADMINISTRATION- The Secretary may establish--

        (A) reasonable minimum acreage levels for individual parcels of land for which owners may receive compensation under this section; and

        (B) the location and area of adjoining flooded land for which owners may receive compensation under this section.

    (c) Sign-Up- The Secretary shall establish a sign-up program for eligible owners to apply for compensation from the Secretary under this section.

    (d) Compensation Payments-

      (1) IN GENERAL- Subject to paragraphs (2) and (3), the rate of an annual compensation payment under this section shall be equal to 90 percent of the average annual per acre rental payment rate (at the time of entry into the contract) for comparable crop or grazing land that has not been flooded and remains in production in the county where the flooded land is located, as determined by the Secretary.

      (2) REDUCTION- An annual compensation payment under this section shall be reduced by the amount of any conservation program rental payments or Federal agricultural commodity program payments received by the owner for the land during any crop year for which compensation is received under this section.

      (3) EXCLUSION- During any year in which an owner receives compensation for flooded land under this section, the owner shall not be eligible to participate in or receive benefits for the flooded land under--

        (A) the Federal crop insurance program established under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);

        (B) the noninsured crop assistance program established under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); or

        (C) any Federal agricultural crop disaster assistance program.

    (e) Relationship to Agricultural Commodity Programs- The Secretary, by regulation, shall provide for the preservation of cropland base, allotment history, and payment yields applicable to land described in subsection (a) that was rendered incapable of use for the production of an agricultural commodity or for grazing purposes as the result of flooding.

    (f) Use of Land-

      (1) IN GENERAL- An owner that receives compensation under this section for flooded land shall take such actions as are necessary to not degrade any wildlife habitat on the land that has naturally developed as a result of the flooding.

      (2) RECREATIONAL ACTIVITIES- To encourage owners that receive compensation for flooded land to allow public access to and use of the land for recreational activities, as determined by the Secretary, the Secretary may--

        (A) offer an eligible owner additional compensation; and

        (B) provide compensation for additional acreage under this section.

    (g) Funding-

      (1) IN GENERAL- The Secretary shall use $6,000,000 of funds of the Commodity Credit Corporation to carry out this section.

      (2) PRO-RATED PAYMENTS- In a case in which the amount made available under paragraph (1) for a fiscal year is insufficient to compensate all eligible owners under this section, the Secretary shall pro-rate payments for that fiscal year on a per acre basis.

SEC. 3014. SUGARCANE AND SUGAR BEET DISASTER ASSISTANCE.

    (a) Florida- The Secretary of Agriculture shall use $120,000,000 of funds of the Commodity Credit Corporation to make payments to processors in Florida that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first processors and producers for crop and other losses in hurricane-affected counties that are related to hurricanes, tropical storms, excessive rains, floods, and wind in Florida during calendar year 2005, by an agreement on the same terms and conditions, to the maximum extent practicable, as the payments made under section 102 of the Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act of 2005 (Public Law 108-324; 118 Stat. 1235), including that the 2005 base production of each harvesting unit shall be determined using the same base year crop production history that was used pursuant to the agreement under that section.

    (b) Louisiana-

      (1) COMPENSATION FOR LOSSES- The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to make $120,000,000 in payments to first processors of sugarcane that operate in a disaster county in Louisiana, or obtain sugarcane from a disaster county in Louisiana, and that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)), to compensate the producers and first processors for crop and other losses due to Hurricane Katrina, Hurricane Rita, or related conditions.

      (2) ADMINISTRATION- Assistance under this subsection shall be--

        (A) shared by an affected first processor with affected producers that provide commodities to the processor in a manner that reflects contracts entered into between the processor and the producers, except with respect to a portion of the amount of total assistance described under paragraph (1) necessary to compensate affected producers for individual losses experienced by the producers, including losses due to saltwater intrusion, flooding, wind damage, or increased planting, replanting, or harvesting costs, which shall be transferred by the first processor to the affected producers without regard to contractual share arrangements; and

        (B) made available under such terms and conditions as the Secretary determines are necessary to carry out this subsection.

      (3) LOSS DETERMINATION- In carrying out this subsection, the Secretary shall use the same base year to determine crop loss that was elected by a producer to determine crop loss in carrying out the hurricane assistance program under section 207 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 Stat. 543).

    (c) Funding- The Secretary shall use $40,000,000 of funds of the Commodity Credit Corporation to provide assistance to sugar beet producers that suffered production losses (including quality losses) for the 2005 crop year.

    (d) Requirement- The Secretary shall make payments under subsection (c) in the same manner as payments were made under section 208 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 Stat. 544), including using the same indemnity benefits as were used in carrying out that section.

    (e) Texas- The Secretary shall use $400,000 of funds of the Commodity Credit Corporation to assist sugarcane growers in Texas by making a payment in that amount to the Rio Grande Valley Sugar Growers, a farmer-owned cooperative sugarcane processor in that State, for additional demurrage costs at the Port of Baton Rouge and additional storage and transportation costs of raw sugar resulting from hurricanes during calendar year 2005, excessive rains, floods, wind, and other related conditions.

    (f) Hawaii- The Secretary shall use $6,000,000 of funds of the Commodity Credit Corporation to assist sugarcane growers in Hawaii by making a payment in that amount to an agricultural transportation cooperative in Hawaii, the members of which are eligible to receive marketing assistance loans and loan deficiency payments made available under subtitle B of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.).

    (g) Limit on Amount of Assistance- The Secretary shall ensure, to the maximum extent practicable, that no producer on a farm receives duplicative payments under this section and any other Federal program for the same loss.

SEC. 3015. SPECIALTY CROPS AND NURSERY CROPS.

    (a) In General- The Secretary shall use funds of the Commodity Credit Corporation to provide assistance to producers of specialty crops and nursery crops in hurricane-affected counties.

    (b) Administration-

      (1) IN GENERAL- Assistance required by subsection (a) shall be carried out by the Secretary under the same terms and conditions as the special disaster relief programs carried out for producers that suffered from crop damage and tree losses, and carried out related cleanup, in certain areas of Florida due to Hurricanes Charley, Frances, and Jeanne during August and September 2004, as described in the notice of program implementation relating to Florida citrus, fruit, vegetable, and nursery crop disaster programs (69 Fed. Reg. 63134 (October 29, 2004)).

      (2) LOSS OF RECORDS- Due to the complete destruction of the business records of many producers, the Secretary shall use the best available information in determining eligibility, determining losses, and calculating payment amounts under this section.

    (c) Limit on Amount of Assistance- The Secretary shall ensure, to the maximum extent practicable, that no producer on a farm receives duplicative payments under this section and any other Federal program for the same loss.

SEC. 3016. DAIRY ASSISTANCE.

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

SEC. 3017. COTTONSEED.

    (a) Distribution of Funds- The Secretary shall provide disaster assistance under subsection (c) under the same terms and conditions as assistance provided under section 206 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 Stat. 543), except that assistance shall be--

      (1) distributed to producers and first handlers of cottonseed; and

      (2) based on cottonseed production during the most recent year for which a disaster payment specifically for cottonseed was not authorized.

    (b) Cottonseed Assistance- The Secretary shall use $15,000,000 of the funds of the Commodity Credit Corporation to provide assistance to producers and first-handlers of the 2005 crop of cottonseed in hurricane-affected counties.

SEC. 3018. REDUCTION IN PAYMENTS.

    The amount of any payment for which a producer is eligible under this subtitle shall be reduced by any amount received by the producer for the same loss or any similar loss under--

      (1) the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat. 2680); or

      (2) an agricultural disaster assistance provision contained in the announcement of the Secretary on January 26, 2006.

Subtitle B--Supplemental Nutrition and Agricultural Economic Disaster Assistance

SEC. 3021. REPLENISHMENT OF SECTION 32.

    (a) Definition of Specialty Crop- In this section:

      (1) IN GENERAL- The term `specialty crop' means any agricultural crop.

      (2) EXCEPTION- The term `specialty crop' does not include--

        (A) wheat;

        (B) feed grains;

        (C) oilseeds;

        (D) cotton;

        (E) rice; or

        (F) peanuts.

    (b) Base State Grants-

      (1) IN GENERAL- The Secretary shall use $25,500,000 of funds of the Commodity Credit Corporation to make grants to the several States, the District of Columbia, and the Commonwealth of Puerto Rico to be used to support activities that promote agriculture.

      (2) AMOUNTS- The amount of the grants shall be--

        (A) $500,000 to each of the several States; and

        (B) $250,000 to each of the Commonwealth of Puerto Rico and the District of Columbia.

    (c) Grants for Value of Production- The Secretary shall use $74,500,000 of funds of the Commodity Credit Corporation to make a grant to each of the several States in an amount equal to the product obtained by multiplying--

      (1) the share of the State of the total value of specialty crop, livestock, and dairy production of the United States for the 2004 crop year, as determined by the Secretary; by

      (2) $74,500,000.

    (d) Special Crop and Livestock Priority- As a condition on the receipt of a grant under this section, a State shall agree to give priority to the support of specialty crops and livestock in the use of the grant funds.

    (e) Use of Funds- A State may use funds from a grant awarded under this section--

      (1) to supplement State food bank programs or other nutrition assistance programs;

      (2) to promote the purchase, sale, or consumption of agricultural products;

      (3) to provide economic assistance to agricultural producers, giving a priority to the support of specialty crops and livestock; or

      (4) for other purposes as determined by the Secretary.

SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

    The Secretary shall make a supplemental economic loss payment to any producer on a farm that received a direct payment for crop year 2005 under title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) at a rate equal to the product obtained by multiplying--

      (1) 30 percent of the direct payment rate in effect for the program crop of the farmer;

      (2) 85 percent of the program crop base of the farmer; and

      (3) the program payment yield for each program crop of the farmer.

SEC. 3023. REDUCTION IN PAYMENTS.

    The amount of any payment for which a producer is eligible under this subtitle shall be reduced by any amount received by the producer for the same loss or any similar loss under--

      (1) the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat. 2680); or

      (2) an agricultural disaster assistance provision contained in the announcement of the Secretary on January 26, 2006.

Subtitle C--Forestry

SEC. 3031. TREE ASSISTANCE PROGRAM.

    (a) Definition of Tree- In this section, the term `tree' includes a tree (including a Christmas tree, ornamental tree, nursery tree, and potted tree), bush (including a shrub), and vine.

    (b) Program- Except as otherwise provided in this section, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance under the tree assistance program established under sections 10201 through 10203 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to--

      (1) producers who suffered tree losses in hurricane-affected counties; and

      (2) fruit and tree nut producers in hurricane-affected counties for site preparation, replacement, rehabilitation, and pruning.

    (c) Costs- Funds made available under this section shall also be made available to cover costs associated with tree pruning, tree rehabilitation, and other appropriate tree-related activities as determined by the Secretary.

    (d) Limit on Amount of Assistance- The Secretary shall ensure, to the maximum extent practicable, that no producer on a farm receives duplicative payments under this section and any other Federal program for the same loss.

Subtitle D--Conservation

SEC. 3041. NATURAL RESOURCES CONSERVATION SERVICE.

    (a) Authority To Clear Debris and Animal Carcasses- Notwithstanding any other provision of law, the Secretary, acting through the Natural Resources Conservation Service, using funds made available for the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203), may provide financial and technical assistance to remove and dispose of debris and animal carcasses that could adversely affect health and safety on non-Federal land in a hurricane-affected county.

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

SEC. 3042. EMERGENCY WATERSHED PROTECTION PROGRAM.

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

SEC. 3043. EMERGENCY CONSERVATION PROGRAM.

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

Subtitle E--Farm Service Agency

SEC. 3051. FUNDING FOR ADDITIONAL PERSONNEL.

    The Secretary shall use $23,000,000 of funds of the Commodity Credit Corporation to hire additional County Farm Service Agency personnel--

      (1) to expedite the implementation of, and delivery under, the agricultural disaster and economic assistance programs under this title; and

      (2) as the Secretary determines to be necessary to carry out other agriculture and disaster assistance programs.

Subtitle F--Miscellaneous

SEC. 3061. AUTHORITY TO PROVIDE IMMUNIZATIONS.

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

SEC. 3062. WAIVER OF CERTAIN PROVISIONS.

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

SEC. 3063. FUNDING.

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

SEC. 3064. REGULATIONS.

    (a) In General- The Secretary may promulgate such regulations as are necessary to implement this title.

    (b) Procedure- The promulgation of the regulations and administration of this title shall be made without regard to--

      (1) the notice and comment provisions of section 553 of title 5, United States Code;

      (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and

      (3) chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act').

    (c) Congressional Review of Agency Rulemaking- In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Subtitle G--Emergency Designation

SEC. 3071. EMERGENCY DESIGNATION.

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

TITLE IV

DROUGHT EMERGENCY ASSISTANCE

SEC. 4001. CORPS OF ENGINEERS.

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

SEC. 4002. BUREAU OF RECLAMATION.

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

SEC. 4003. EMERGENCY DESIGNATION.

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

TITLE V

PORT SECURITY ENHANCEMENTS

CUSTOMS AND BORDER PROTECTION

Salaries And Expenses

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

UNITED STATES COAST GUARD

Operating Expenses

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

OFFICE FOR DOMESTIC PREPAREDNESS

State and Local Programs

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

SCIENCE AND TECHNOLOGY

Research, Development, Acquisition, and Operations

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

TITLE VI

PANDEMIC FLU

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

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

FUNDING FOR PANDEMIC INFLUENZA VACCINE INJURY COMPENSATION

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

TITLE VII--BORDER SECURITY

EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR BORDER SECURITY

Department of Homeland Security

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

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

OFFICE OF THE CHIEF INFORMATION OFFICER

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

UNITED STATES VISITOR AND IMMIGRATION STATUS INDICATOR TECHNOLOGY

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

Customs and Border Protection

SALARIES AND EXPENSES

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

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

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

CONSTRUCTION

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

Immigration and Customs Enforcement

SALARIES AND EXPENSES

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

United States Coast Guard

acquisition, construction and improvements

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

Federal Law Enforcement Training Center

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

GENERAL PROVISIONS--THIS TITLE

REDUCTION IN FUNDING

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

TITLE VIII--OTHER MATTERS

LEGISLATIVE BRANCH

ARCHITECT OF THE CAPITOL

Capitol Power Plant

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

NOAA PAYMENT LIMITATION

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

TITLE IX

GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

AVAILABILITY OF FUNDS

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

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

ADMINISTRATIVE PROVISION

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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND EXPLORATION

ADMINISTRATIVE PROVISION

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

SMALL BUSINESS ADMINISTRATION

ADMINISTRATIVE PROVISION

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

INTELLIGENCE ACTIVITIES

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

OFFICE OF ECONOMIC ADJUSTMENT--DEFENSE

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

INVESTIGATIONS, LOUISIANA HURRICANE STUDY COST SHARING

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

MISSISSIPPI RIVERS AND TRIBUTARIES

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

MISSISSIPPI RIVER-GULF OUTLET

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

SHORE PROTECTION

    SEC. 9010. Section 227 of Public Law 104-303 is modified as follows:

      (1) Section 5(a) is amended by striking `6', and inserting `7' in lieu thereof.

      (2) Section 5(e)(2) is amended by striking `$21,000,000', and inserting `$25,000,000' in lieu thereof.

RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 1991

    SEC. 9011. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking `September 30, 2005' and inserting `September 30, 2010' in lieu thereof.

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

REPROGRAMMING OF FUNDS

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

BONNEVILLE POWER AUTHORITY

    SEC. 9013. None of the funds made available under this or any other Act shall be used during fiscal year 2006 or previous to April 1, 2007 to make, or plan or prepare to make, any payment on bonds issued by the Administrator of the Bonneville Power Administration (referred in this section as the `Administrator') or for an appropriated Federal Columbia River Power System investment, if the payment is both--

      (1) greater, during any fiscal year, than the payments calculated in the rate hearing of the Administrator to be made during that fiscal year using the repayment method used to establish the rates of the Administrator as in effect on February 6, 2006; and

      (2) based or conditioned on the actual or expected net secondary power sales receipts of the Administrator.

DEPARTMENT OF HOMELAND SECURITY

(INCLUDING RESCISSION OF FUNDS)

    SEC. 9014. (a) RESCISSION- Of the funds available for `Screening Coordination and Operations', $3,960,000 are rescinded.

    (b) SUPPLEMENTAL APPROPRIATIONS- For an additional amount for the `Office of the Secretary and Executive Management', $3,960,000.

DEPARTMENT OF THE INTERIOR--U.S. GEOLOGICAL SURVEY

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

SURFACE MINING CONTROL AND RECLAMATION ACT

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

DEPARTMENT OF LABOR--OFFICE OF JOB CORPS

    Sec. 9017. Notwithstanding section 102 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006 (Public Law 109-149), none of the funds made available under this Act or under the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006, shall be expended for any activity that--

      (1) is related to carrying out Order 09-2006 of the Secretary of Labor; or

      (2) transfers the Office of Job Corps but does not establish the Office of Job Corps as a single office within the Office of the Secretary that retains all staff, functions and authorities related to carrying out subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.).

DEPARTMENT OF LABOR--MINE SAFETY

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

CENTERS FOR DISEASE CONTROL--MINE SAFETY

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

RAILROAD RETIREMENT BOARD

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

HEAD START REGULATIONS EFFECTIVE DATE

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

EMPLOYMENT AND TRAINING ADMINISTRATION

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

MILITARY CONSTRUCTION

AUTHORIZATION

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

MILITARY CONSTRUCTION

AUTHORIZATION

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

MILITARY CONSTRUCTION

AUTHORIZATION

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

DETAIL AUTHORITY FOR DOT

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

EMERGENCY HIGHWAY FUNDS

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

LIMITATION ON CERTAIN TRANSPORTATION ACTIONS

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

DOJ AND TREASURY FUNDING FOR INTELLIGENCE ACTIVITIES

    SEC. 9029. (a) Funds appropriated for intelligence activities, or made available by the transfer of funds, by this Act, by Public Law 109-108 for the Department of Justice, or by Public Law 109-115 for the Department of the Treasury, are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947, as amended, (50 U.S.C. 414) during fiscal year 2006 until the enactment of the Intelligence Authorization Act for Fiscal Year 2006.

    (b) Subsection (a) shall be effective:

      (1) with respect to funds appropriated, or made available by the transfer of funds, by this Act, upon the enactment of this Act;

      (2) with respect to funds appropriated, or made available by the transfer of funds, by Public Law 109-108 for the Department of Justice, as if enacted on the date of enactment of Public Law 109-108; and

      (3) with respect to funds appropriated, or made available by the transfer of funds, by Public Law 109-115 for the Department of the Treasury, as if enacted on the date of enactment of Public Law 109-115.

FUNDING FOR TREASURY TRAVEL

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

ECONOMIC DEVELOPMENT INITIATIVES CORRECTIONS

    SEC. 9031. (a) The referenced statement of the managers under the heading `Community Development Fund' in Public Law 108-199 is amended with respect to item number 380 by striking `for construction of a new facility' and inserting `to upgrade an existing facility'.

    (b) The referenced statement of the managers under the heading `Community Development Fund' in Public Law 108-199 is amended with respect to item number 188 by striking `for the renovation of the historic Coca-Cola building' and inserting `for the construction or development of a driver's license facility'.

    (c) The referenced statement of the managers under the heading `Community Development Fund' in Public Law 109-115 is amended with respect to item number 532 by striking `Mark Twain Neighborhood Association' and inserting `Mark Twain Community Alliance'.

GSA TRANSFER OF PROPERTY

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

SATELLITE ALERT FACILITY, CAPE CANAVERAL AIR STATION, FLORIDA

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

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

    SEC. 9034. (a) Report- As soon as practicable after the completion of the comprehensive review of the procedures of the Department of Defense on mortuary affairs, the Secretary of Defense shall submit to the congressional defense committees a report on the review.

    (b) Additional Elements- In conducting the comprehensive review described in subsection (a), the Secretary shall also address, in addition to any other matters covered by the review, the following:

      (1) The utilization of additional or increased refrigeration (including icing) in combat theaters in order to enhance preservation of remains.

      (2) The relocation of refrigeration assets further forward in the field.

      (3) Specific time standards for the movement of remains from combat units.

      (4) The forward location of autopsy and embalming operations.

      (5) Any other matters that the Secretary considers appropriate in order to speed the return of remains to the United States in a non-decomposed state.

    (c) Additional Element of Policy on Casualty Assistance to Survivors of Military Decedents- Section 562(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3267; 10 U.S.C. 1475 note) is amended by adding at the end the following new paragraph:

      `(12) The process by which the Department of Defense, upon request, briefs survivors of military decedents on the cause of, and any investigation into, the death of such military decedents and on the disposition and transportation of the remains of such decedents, which process shall--

        `(A) provide for the provision of such briefings by fully qualified Department personnel;

        `(B) ensure briefings take place as soon as possible after death and updates are provided in a timely manner when new information becomes available;

        `(C) ensure that--

          `(i) such briefings and updates relate the most complete and accurate information available at the time of such briefings or updates, as the case may be; and

          `(ii) incomplete or unverified information is identified as such during the course of such briefings or updates; and

        `(D) include procedures by which such survivors shall, upon request, receive updates or supplemental information on such briefings or updates from qualified Department personnel.'.

SEGAL AWARD

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

ENVIRONMENTAL PROTECTION AGENCY

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

RICKENBACKER AIRPORT, COLUMBUS, OHIO

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

FOX POINT HURRICANE BARRIER

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

FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE ISLAND

    SEC. 9039. (a) In this section:

      (1) The term `Barrier' means the Fox Point Hurricane Barrier, Providence, Rhode Island.

      (2) The term `City' means the city of Providence, Rhode Island.

      (3) The term `Secretary' means the Secretary of the Army, acting through the Chief of Engineers.

    (b) Not later than 2 years after the date of enactment of this Act, the Secretary shall assume responsibility for the annual operation and maintenance of the Barrier.

    (c)(1) The City, in coordination with the Secretary, shall identify any land and structures required for the continued operation and maintenance, repair, replacement, rehabilitation, and structural integrity of the Barrier.

    (2) The City shall convey to the Secretary, by quitclaim deed and without consideration, all rights, title, and interests of the City in and to the land and structures identified under paragraph (1).

    (d) There are authorized to be appropriated to the Secretary such funds as are necessary for each fiscal year to operate and maintain the Barrier (including repair, replacement, and rehabilitation).

CONTRACT AUTHORITY

    SEC. 9040. (a) Section 1940 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 1511) is amended--

      (1) in subsection (a)--

        (A) by striking paragraph (1);

        (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and

        (C) by striking `$10,000,000' each place that it appears and inserting `$12,500,000'; and

      (2) by adding at the end the following:

    `(c) Contract Authority- Except as otherwise provided in this section, funds authorized to be appropriated under this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.'.

    (b) Of the unobligated balances of funds apportioned to each State under chapter 1 of title 23, United States Code, $50,000,000 is rescinded.

SIGN REPAIR OR REPLACEMENT

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

CHICAGO SANITARY AND SHIP CANAL DEMONSTRATION BARRIER, ILLINOIS

    SEC. 9042. (a) IN GENERAL- Of the unobligated balances available for `Operation and Maintenance' under the heading `Corps of Engineers--Civil' of title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2250), $400,000 shall be made available for fiscal year 2006 for the maintenance of the Chicago Sanitary and Ship Canal Demonstration Barrier, Illinois, which was constructed under section 1202(i)(3) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(i)(3)).

    This Act may be cited as the `Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006'.

Attest:

Secretary.

109th CONGRESS

2d Session

H. R. 4939

AMENDMENT