One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
Making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated,
for the fiscal year ending September 30, 2006, and for other purposes, namely:
TITLE I
GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
PUBLIC LAW 480 TITLE II GRANTS
For an additional 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 DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for `Military Personnel, Army', $6,587,473,000:
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', $1,321,474,000:
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', $840,872,000:
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', $1,155,713,000:
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', $140,570,000: 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', $110,712,000: 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', $10,627,000:
Provided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
Reserve Personnel, Air Force
For an additional amount for `Reserve Personnel, Air Force', $1,940,000:
Provided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
National Guard Personnel, Army
For an additional amount for `National Guard Personnel, Army', $111,550,000:
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', $1,200,000:
Provided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for `Operation and Maintenance, Army', $17,744,410,000:
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', $2,696,693,000:
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',
$1,639,911,000: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget for
fiscal year 2006.
Operation and Maintenance, Air Force
For an additional amount for `Operation and Maintenance, Air Force', $5,576,257,000:
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',
$2,830,677,000, 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 $5,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity for
confidential military purposes;
(3) not to exceed $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; and
(4) up to $75,000,000 shall be transferred to the Coast Guard `Operating
Expenses' account:
Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
Operation and Maintenance, Army Reserve
For an additional amount for `Operation and Maintenance, Army Reserve',
$100,100,000: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget for
fiscal year 2006.
Operation and Maintenance, Navy Reserve
For an additional amount for `Operation and Maintenance, Navy Reserve',
$78,509,000: 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.
Former Soviet Union Threat Reduction Account
For an additional amount for `Former Soviet Union Threat Reduction Account',
$44,500,000: 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 heading is in addition
to any other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds to appropriations
for military personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purposes provided herein:
Provided further, That this transfer authority is in addition to
any other transfer authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the funds so
transferred from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation: Provided
further, That contributions of funds for the purposes provided herein
from any person, foreign government, or international organization may be
credited to this Fund, and used for such purposes: Provided further,
That the Secretary shall notify the congressional defense committees in
writing upon the receipt and upon the transfer of any contribution delineating
the sources and amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of Defense
shall, not fewer than five days prior to making transfers from this appropriation
account, notify the congressional defense committees in writing of the details
of any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each fiscal quarter
to the congressional defense committees summarizing the details of the transfer
of funds from this appropriation: Provided further, That the amount
provided under this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the `Iraq Security Forces Fund', $3,007,000,000, to remain available
until September 30, 2007: Provided, That such funds shall be available
to the Secretary of Defense, notwithstanding any other provision of law,
for the purpose of allowing the Commander, Multi-National Security Transition
Command--Iraq, or the Secretary's designee, to provide assistance, with
the concurrence of the Secretary of State, to the security forces of Iraq,
including the provision of equipment, supplies, services, training, facility
and infrastructure repair, renovation, and construction, and funding: Provided
further, That the authority to provide assistance under this heading
is in addition to any other authority to provide assistance to foreign nations:
Provided further, That the Secretary of Defense may transfer such
funds to appropriations for military personnel; operation and maintenance;
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, development,
test and evaluation; and defense working capital funds to accomplish the
purposes provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a determination
that all or part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That contributions
of funds for the purposes provided herein from any person, foreign government,
or international organization may be credited to this Fund, and used for
such purposes: Provided further, That the Secretary shall notify
the congressional defense committees in writing upon the receipt and upon
the transfer of any contribution delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than five days
prior to making transfers from this appropriation account, notify the congressional
defense committees in writing of the details of any such transfer: Provided
further, That the Secretary shall submit a report no later than 30
days after the end of each fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this appropriation:
Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
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 60 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', $345,000,000,
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', $1,767,451,000, 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', $5,819,645,000,
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', $516,869,000,
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', $55,200,000, 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.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for `Procurement of Ammunition, Navy and Marine
Corps', $323,256,000, 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', $54,640,000, 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', $2,577,467,000,
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', $674,815,000,
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', $1,500,591,000,
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, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Drug Interdiction and Counter-Drug Activities,
Defense', $150,470,000, 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', $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.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for the `Intelligence Community Management Account',
$158,875,000: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget for
fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
(TRANSFER OF FUNDS)
SEC. 1201. Upon his determination that such action is necessary in the national
interest, the Secretary of Defense may transfer between appropriations up
to $2,000,000,000 of the funds made available to the Department of Defense
in this chapter: Provided, That the Secretary shall notify the
Congress promptly of each transfer made pursuant to this authority: Provided
further, That the transfer authority provided in this section is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That the authority in this section is
subject to the same terms and conditions as the authority provided in section
8005 of the Department of Defense Appropriations Act, 2006, except for the
fourth proviso.
(TRANSFER OF FUNDS)
SEC. 1202. 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 `$5,000,000,000': Provided, That funds previously
transferred among appropriations under the authority of section 8005 of
Public Law 109-148 pursuant to reprogramming action 06-13PA may be restored
to their source appropriations accounts: Provided further, That
transfers made pursuant to reprogramming action 06-13PA and transfers back
under this section shall not be taken into account for purposes of the limitation
on the amount of funds that may be transferred under section 8005: 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.
(TRANSFER OF FUNDS)
SEC. 1203. 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.
SEC. 1204. 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'.
SEC. 1205. (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 $22,200,000 may be made available for support for
counter-drug activities of the Governments of Afghanistan and Pakistan:
Provided, That such support shall be in addition to support provided
for the counter-drug activities of such Governments under any other provision
of the law.
(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.
SEC. 1206. 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 amounts made available pursuant to this section are designated
as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
SEC. 1207. In addition to amounts authorized in section 1202(a) of Public
Law 109-163, from funds made available in this chapter to the Department
of Defense, not to exceed $423,000,000 may be used to fund the Commander's
Emergency Response Program and for a similar program to assist the people
of Afghanistan, to remain available until December 31, 2007.
SEC. 1208. Supervision and administration costs associated with a construction
project funded with `Afghanistan Security Forces Fund' or `Iraq Security
Forces Fund' appropriations may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this section,
supervision and administration costs include all in-house Government costs.
SEC. 1209. 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.
SEC. 1210. 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'.
(RESCISSIONS)
SEC. 1211. Of the funds appropriated in Department of Defense Appropriations
Acts, the following funds are hereby rescinded from the following accounts
and programs in the specified amounts:
`Missile Procurement, Air Force, 2006/2008', $80,000,000;
`Other Procurement, Air Force, 2005/2007', $39,400,000.
Sec. 1212. (a) Sense of Congress- 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 absent uniformed services voters,
Department of Defense personnel, and dependents covered by the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) with
the objective to further improve ballot request procedures and voting
assistance with respect to such persons.
(2) Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense committees
a report on the status of the program referred to in paragraph (1), including
an accounting of the utilization of funds available for the program under
subsection (c).
(c) Funding- Of the amounts provided by this chapter, $2,500,000 shall be
available for the program referred to in subsection (b).
SEC. 1213. (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.
CHAPTER 3
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for `Child Survival and Health Programs Fund',
$7,800,000, 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.
DEVELOPMENT ASSISTANCE
For an additional amount for `Development Assistance', $16,500,000, to remain
available until September 30, 2007: Provided, That of the funds
appropriated under this heading, $6,000,000 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',
$161,300,000, 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', $101,000,000, 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.
OTHER BILATERAL ECONOMIC ASSISTANCE
Economic Support Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Economic Support Fund', $1,686,000,000, 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 $50,000,000 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 $5,000,000 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 of the funds made available under this heading for assistance
for Iraq, not less than $50,000,000 shall be made available for programs
and activities to promote democracy, the rule of law and reconciliation:
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', $22,500,000, of which $20,000,000
shall be made available for programs and activities promoting democracy
in Iran and of which $2,500,000 shall be made available for assistance for
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, in consultation with the Bureau
of Democracy, Human Rights, and Labor of the Department of State: 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
(INCLUDING TRANSFER OF FUNDS)
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 of the funds appropriated under this heading,
up to $13,000,000 is available for procurement of a maritime patrol aircraft
for the Colombian Navy and may be transferred to and merged with funds previously
appropriated to the `Foreign Military Financing Program' to finance such
procurement: 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', $75,700,000,
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.
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', $178,000,000, to
remain available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 1301. 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 and section 10 of Public Law 91-672 (22 U.S.C.
2412).
SEC. 1302. (a) Notwithstanding any other provision of law, amounts under
the heading `Iraq Relief and Reconstruction Fund' in title II of Public
Law 108-106 shall remain available for one additional year from the date
on which the availability of funds would otherwise have expired, if such
funds are initially obligated before the expiration of the period of availability
provided herein: Provided, That notwithstanding section 2207(d)
of Public Law 108-106, requirements of section 2207 of Public Law 108-106
shall expire on October 1, 2008.
(b) 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) striking `$5,090,000,000' and inserting `$5,036,000,000' for security
and law enforcement;
(2) striking `$1,960,000,000' and inserting `$2,349,800,000' for justice,
public safety infrastructure, and civil society;
(3) striking `$4,455,000,000' and inserting `$4,220,000,000' for the electric
sector;
(4) striking `$1,723,000,000' and inserting `$1,735,600,000' for oil infrastructure;
(5) striking `$2,361,000,000' and inserting `$2,131,100,000' for water
resources and sanitation;
(6) striking `$500,000,000' and inserting `$465,500,000' for transportation
and telecommunications;
(7) striking `$370,000,000' and inserting `$333,700,000' for roads, bridges,
and construction;
(8) striking `$793,000,000' and inserting `$739,000,000' for health care;
(9) striking `$845,000,000' and inserting `$805,300,000' for private sector
development; and
(10) striking `$342,000,000' and inserting `$410,000,000' for education,
refugees, human rights, and governance.
SEC. 1303. Of the funds made available for Coalition Solidarity Initiative
under the heading `Peacekeeping Operations' in chapter 2 of title II of
division A of Public Law 109-13, $7,000,000 is rescinded.
SEC. 1304. (a) 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 complied with the standards contained in the Quartet's January
30, 2006 Statement on the Situation in the Middle East that `a future Palestinian
government must be committed to nonviolence, recognition of Israel, and
acceptance of previous agreements and obligations, including the Roadmap'.
`(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, peaceful resolution of the Israeli-Palestinian conflict,
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;
`(B) as the case may be, the President of the Palestinian Authority,
the President's party, and independent agencies and any members thereof,
are not members of, appointed by, or effectively controlled by Hamas
or any other foreign terrorist organization; and
`(C) assistance provided under the authority of this subsection will
not be transferred or retransferred to any member of Hamas or other
foreign terrorist organization or to any entity effectively controlled
by Hamas or other foreign terrorist organization.
`(2) Not less than 15 days 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 of
the House of Representatives and the Senate 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.'.
(b) Effective on the date of enactment of this Act, none of the funds appropriated
under the heading `Economic Support Fund' in Public Law 109-102 (119 Stat.
2217) or any prior Act making appropriations for foreign operations, export
financing and related programs may be obligated for assistance for the West
Bank and Gaza until the Secretary of State consults with the Committees
on Appropriations, submits a revised plan for such assistance to the Committees
on Appropriations, and determines and reports to the Committees on Appropriations
that appropriate procedures and safeguards exist to ensure that United States
assistance is not provided to or through any individual, private or government
entity, or educational institution, that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity.
SEC. 1305. 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, $37,000,000 are rescinded.
SEC. 1306. 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.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
United States Coast Guard
OPERATING EXPENSES
For an additional amount for `Operating Expenses', $26,692,000: Provided,
That the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
CHAPTER 5
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for `Military Construction, Army', $187,100,000,
to remain available until September 30, 2007: 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:
Provided further, That $50,000,000 of the funds provided under
this heading may not be obligated or expended until after that date on which
the Secretary of Defense submits a detailed plan for Counter IED/Urban Bypass
Roads, Iraq, to the Committees on Appropriations of the House of Representatives
and Senate.
Military Construction, Air Force
For an additional amount for `Military Construction, Air Force', $27,700,000,
to remain available until September 30, 2007: 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, Defense-Wide
For an additional amount for `Military Construction, Defense-Wide', $20,600,000,
to remain available until September 30, 2007: 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.
CHAPTER 6
DEPARTMENT OF JUSTICE
Legal Activities
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for `Salaries and Expenses, United States Attorneys',
$3,000,000, 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', $1,000,000, 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.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $85,700,000, to remain
available until September 30, 2007: Provided, That no funding provided
under this heading shall be available for obligation for a new or enhanced
information technology program unless the Deputy Attorney General and the
investment review board certify to the Committees on Appropriations that
the information technology program has appropriate program management and
contractor oversight mechanisms in place, and that the program is compatible
with the enterprise architecture of the Department of Justice and Federal
Bureau of Investigation: Provided further, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $14,200,000, to remain
available until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $4,000,000, 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
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Diplomatic and Consular Programs', $1,383,625,000,
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: Provided
further, That of the amount made available under this heading, $1,000,000
shall be available for transfer to the United States Institute of Peace:
Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant 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
for reconstruction oversight: Provided, That the amount provided
under this heading is designated as 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, $10,274,000, 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.
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for `Broadcasting Capital Improvements', $25,826,000,
to support programming to Iran, 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 PROVISIONS--THIS CHAPTER
SEC. 1601. Funds appropriated or made available in this chapter for the
Broadcasting Board of Governors and the Department of State may be obligated
and expended notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the National
Security Act of 1947.
SEC. 1602. (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) To facilitate the assignment of persons to Iraq and Afghanistan
or to posts vacated by members of the Service assigned to Iraq and Afghanistan,
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.
`(1) IN GENERAL- To facilitate the assignment of persons to Iraq and Afghanistan
or to posts vacated by members of the Service assigned to Iraq and Afghanistan,
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) To facilitate the assignment of persons to Iraq and Afghanistan
or to posts vacated by members of the Service assigned to Iraq and Afghanistan,
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, the Committee on Appropriations,
and the Committee on Homeland Security and Government Affairs of the Senate
and the Committee on International Relations, the Committee on Appropriations,
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.
SEC. 1603. (a) In General- During fiscal years 2006, 2007, and 2008, 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.
(b) 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.
(c) 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.
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 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', $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', $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.
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.
Natural Resources Conservation Service
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for `Emergency Watershed Protection Program', $50,955,000,
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 the cost of community facilities direct loans,
loan guarantees, and grants described in section 381E(d)(1) of the Consolidated
Farm and Rural Development Act, $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 not to
exceed $5,000,000 shall be available for direct and guaranteed loans: 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
(INCLUDING TRANSFER OF FUNDS)
SEC. 2101. Notwithstanding subsection (b) of section 102 of title I of division
B of Public Law 109-148 (119 Stat. 2748), the Secretary of Agriculture may
provide financial and technical assistance in carrying out such section
in an amount up to 100 percent Federal share, as provided in regulations
implementing the emergency watershed protection program: Provided,
That the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
SEC. 2102. Notwithstanding any other provision of law, the Chief of the
Natural Resources Conservation Service may enter into agreements to donate
up to 20 used vehicles currently on loan to organizations or State or local
units of government affected by Hurricane Katrina and other hurricanes of
the 2005 season.
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 18 additional
months: Provided, That the authority provided in subsection (a)(7)
of such section may allow funds made available under the Community Facility
Grant program to be approved without regard to income limits for purposes
related to the consequences of Hurricane Katrina and other hurricanes of
the 2005 season for structures designated by a State or local governmental
entity as an emergency shelter: 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.
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.
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).
SEC. 2106. 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.
CHAPTER 2
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
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Shipbuilding and Conversion, Navy', $775,236,000,
to remain available until September 30, 2010, for necessary expenses related
to the consequences of Hurricane Katrina and other hurricanes of the 2005
season, which shall be available for transfer within this account to replace
destroyed or damaged equipment; prepare and recover naval vessels under
contract; and provide for cost adjustments for naval vessels for which funds
have been previously appropriated: Provided, That this transfer
authority is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to making transfers within this
appropriation, notify the congressional defense committees in writing of
the details of any such transfer: Provided further, That the amount
provided under this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
Other Procurement, Navy
For an additional amount for `Other Procurement, Navy', $85,040,000, to
remain available until September 30, 2008, for necessary expenses related
to the consequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
Aircraft Procurement, Air Force
For an additional amount for `Aircraft Procurement, Air Force', $13,000,000,
to remain available until September 30, 2008, for necessary expenses related
to the consequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
Procurement, Defense-Wide
For an additional amount for `Procurement, Defense-Wide', $2,797,000, to
remain available until September 30, 2008, for necessary expenses related
to the consequences of Hurricane Katrina and other hurricanes of the 2005
season: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for `Research, Development, Test and Evaluation,
Navy', $12,000,000, to remain available until September 30, 2007, for necessary
expenses related to the consequences of Hurricane Katrina and other hurricanes
of the 2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Research, Development, Test and Evaluation, Air Force
For an additional amount for `Research, Development, Test and Evaluation,
Air Force', $6,250,000, to remain available until September 30, 2007, for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for `Research, Development, Test and Evaluation,
Defense-Wide', $730,000, to remain available until September 30, 2007, for
necessary expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for `Defense Working Capital Funds', $1,222,000,
for necessary expenses related to the consequences of Hurricane Katrina
and other hurricanes of the 2005 season: Provided, That the amount
provided under this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
National Defense Sealift Fund
For an additional amount for `National Defense Sealift Fund', $10,000,000,
to remain available until expended, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
TRUST FUNDS
General Fund Payment, Surcharge Collections, Sales of Commissary Stores,
Defense
For an additional amount for `General Fund Payment, Surcharge Collections,
Sales of Commissary Stores, Defense', $10,530,000, to remain available until
September 30, 2010, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for `Defense Health Program', $33,881,000, to remain
available until September 30, 2007, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year 2006.
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
(TRANSFER OF FUNDS)
SEC. 2201. Upon his determination that such action is necessary to ensure
the appropriate allocation of funds provided to the Department of Defense
in this chapter and in chapter 2, title I of this Act, the Secretary of
Defense may transfer up to $150,000,000 between appropriations made available
for military personnel; operation and maintenance; procurement; research,
development, test and evaluation; and revolving and management funds: 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.
SEC. 2202. 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.
SEC. 2203. Notwithstanding any other provision of law, of the amounts appropriated
or otherwise made available under the heading `Shipbuilding and Conversion,
Navy' in chapter 2 of title II of this Act, or under said heading in 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), not less than $140,000,000 shall
be made available for infrastructure improvements at Gulf Coast shipyards
that have existing Navy shipbuilding contracts and that were damaged by
Hurricane Katrina in calendar year 2005.
CHAPTER 3
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, $3,300,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, utilizing $3,300,000 of the funds provided herein shall develop
a comprehensive plan, at full Federal expense, to deauthorize deep draft
navigation on the Mississippi River-Gulf Outlet, Louisiana, extending from
the Gulf of Mexico to the Gulf Intracoastal Waterway: 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:
Provided further, That the Secretary shall refine the plan, if
necessary, to be fully consistent, integrated, and included in the final
report to be issued in December 2007 for the Louisiana Coastal Protection
and Restoration Plan: Provided further, the Secretary shall provide
to the Congress 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 were
constructed and ending on the date on which the report is prepared, the
difference between the vertical settlement of the system that is attributable
to the settling of levees and floodwalls or subsidence versus the vertical
grade deficiencies that are attributable to new storm data that may require
a higher level of vertical protection in order to comply with 100-year floodplain
certification and standard project hurricane.
CONSTRUCTION
For an additional amount for `Construction' for necessary expenses related
to the consequences of Hurricane Katrina and other hurricanes of the 2005
season, $549,400,000, to remain available until expended, of which up to
$20,200,000 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 the amount
