H.r. 2863

H. R. 2863

One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five

An Act
Making appropriations for the Department of Defense 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,
DIVISION A
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2006, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $28,191,287,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $22,788,101,000.

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MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $8,968,884,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $23,199,850,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 3038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $3,172,669,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $1,686,099,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified

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in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $513,001,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,296,646,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under section 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $4,912,794,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under section 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,267,732,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $11,478,000 can be used for emergencies and

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extraordinary expenses, to be expended on the approval or authority
of the Secretary of the Army, and payments may be made on
his certificate of necessity for confidential military purposes,
$24,105,470,000: Provided, That of funds made available under
this heading, $2,000,000 shall be available for Fort Baker, in accordance with the terms and conditions as provided under the heading
‘‘Operation and Maintenance, Army’’, in Public Law 107–117: Provided further, That notwithstanding any other provision of law,
the Secretary of the Army may provide a grant of up to $10,000,000
from funds made available in this or any other Department of
Defense Appropriations Act to the Army Distaff Foundation.
OPERATION

AND

MAINTENANCE, NAVY

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

AND

MAINTENANCE, MARINE CORPS

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

AND

MAINTENANCE, AIR FORCE

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

AND

MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $18,500,716,000: Provided, That not more than
$25,000,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for confidential
military purposes: Provided further, That notwithstanding any other
provision of law, of the funds provided in this Act for Civil Military
programs under this heading, $500,000 shall be available for a
grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support
the Youth Development and Leadership program and Department
of Defense STARBASE program: Provided further, That of the funds

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made available under this heading, $4,250,000 is available for contractor support to coordinate a wind test demonstration project
on an Air Force installation using wind turbines manufactured
in the United States that are new to the United States market
and to execute the renewable energy purchasing plan: Provided
further, That of the funds provided under this heading, not less
than $27,009,000 shall be made available for the Procurement
Technical Assistance Cooperative Agreement Program, of which
not less than $3,600,000 shall be available for centers defined
in 10 U.S.C. 2411(1)(D): Provided further, That none of the funds
appropriated or otherwise made available by this Act may be used
to plan or implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the office
of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or
legislative liaison office: Provided further, That $4,000,000, to
remain available until expended, is available only for expenses
relating to certain classified activities, and may be transferred
as necessary by the Secretary to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time
period as the appropriations to which transferred: Provided further,
That any ceiling on the investment item unit cost of items that
may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
OPERATION

AND

MAINTENANCE, ARMY RESERVE

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

AND

MAINTENANCE, NAVY RESERVE

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

AND

MAINTENANCE, MARINE CORPS RESERVE

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

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OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

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

AND

MAINTENANCE, ARMY NATIONAL GUARD

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

AND

MAINTENANCE, AIR NATIONAL GUARD

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

OF

APPEALS

FOR THE

ARMED FORCES

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

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ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)

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

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

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

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ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)

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

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

AND

CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 2557, and
2561 of title 10, United States Code), $61,546,000, to remain available until September 30, 2007.
FORMER SOVIET UNION THREAT REDUCTION ACCOUNT
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs
relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for defense
and military contacts, $415,549,000, to remain available until September 30, 2008: Provided, That of the amounts provided under
this heading, $15,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine reactor

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components, and security enhancements for transport and storage
of nuclear warheads in the Russian Far East.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,653,280,000, to
remain available for obligation until September 30, 2008: Provided,
That $75,000,000 of the funds provided in this paragraph are available only for the purpose of acquiring four (4) HH–60L medical
evacuation variant Blackhawk helicopters for the Army Reserve:
Provided further, That three (3) UH–60 Blackhawk helicopters in
addition to those referred to in the preceding proviso shall be
available only for the Army Reserve.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,208,919,000, to
remain available for obligation until September 30, 2008.
PROCUREMENT

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

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

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PROCUREMENT

OF

AMMUNITION, ARMY

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,733,020,000, to
remain available for obligation until September 30, 2008.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat
vehicles; the purchase of passenger motor vehicles for replacement
only; and the purchase of 14 vehicles required for physical security
of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $255,000 per vehicle; communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,594,031,000, to
remain available for obligation until September 30, 2008.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$9,774,749,000, to remain available for obligation until September
30, 2008.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and

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machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$2,659,978,000, to remain available for obligation until September
30, 2008.
PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

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

AND

CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
procurement of critical, long leadtime components and designs for
vessels to be constructed or converted in the future; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program (AP), $626,913,000;
NSSN, $1,637,698,000;
NSSN (AP), $763,786,000;
SSGN, $286,516,000;
CVN Refuelings, $1,318,563,000;
CVN Refuelings (AP), $20,000,000;
SSBN Submarine Refuelings, $230,193,000;
SSBN Submarine Refuelings (AP), $62,248,000;
DD(X) (AP), $715,992,000;
DDG–51 Destroyer, $150,000,000;
DDG–51 Destroyer Modernization, $50,000,000;
LCS, $440,000,000;
LHD–8, $197,769,000;
LPD–17, $1,344,741,000;
LHA–R, $150,447,000;
LCAC Landing Craft Air Cushion, $100,000,000;
Prior year shipbuilding costs, $517,523,000;
Service Craft, $45,455,000; and
For outfitting, post delivery, conversions, and first destination transportation, $369,387,000.
In all: $9,027,231,000, to remain available for obligation until
September 30, 2010: Provided, That additional obligations may
be incurred after September 30, 2010, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further,

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That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only, and the purchase of 9 vehicles required for physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $255,000 per
vehicle; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$5,444,294,000, to remain available for obligation until September
30, 2008.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,398,955,000, to remain available for obligation until September
30, 2008.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $12,737,215,000,
to remain available for obligation until September 30, 2008.

H. R. 2863—13
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts
and accessories therefor, ground handling equipment, and training
devices; expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $5,174,474,000, to remain available for
obligation until September 30, 2008.
PROCUREMENT

OF

AMMUNITION, AIR FORCE

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,016,887,000, to
remain available for obligation until September 30, 2008.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only, and the purchase
of 2 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not
to exceed $255,000 per vehicle; lease of passenger motor vehicles;
and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$14,060,714,000, to remain available for obligation until September
30, 2008.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only,
and the purchase of 5 vehicles required for physical security of
personnel, notwithstanding prior limitations applicable to passenger

H. R. 2863—14
vehicles but not to exceed $255,000 per vehicle; expansion of public
and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway, $2,573,964,000, to remain available for obligation
until September 30, 2008.
NATIONAL GUARD

AND

RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $180,000,000, to remain available
for obligation until September 30, 2008: Provided, That the Chiefs
of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit
to the congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard component.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $58,248,000,
to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, ARMY

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

AND

EVALUATION, NAVY

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

AND

EVALUATION, AIR FORCE

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

H. R. 2863—15
$21,999,649,000, to remain available for obligation until September
30, 2007.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, DEFENSE-WIDE

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

AND

EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in
connection therewith, $168,458,000, to remain available for obligation until September 30, 2007.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,154,940,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet,
as established by section 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744), and for the necessary expenses to
maintain and preserve a U.S.-flag merchant fleet to serve the
national security needs of the United States, $1,089,056,000, to
remain available until expended: Provided, That none of the funds
provided in this paragraph shall be used to award a new contract
that provides for the acquisition of any of the following major
components unless such components are manufactured in the
United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and spreaders
for shipboard cranes: Provided further, That the exercise of an
option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of
a new contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions in the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a

H. R. 2863—16
timely basis and that such an acquisition must be made in order
to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by
law, $20,221,212,000, of which $19,299,787,000 shall be for Operation and maintenance, of which not to exceed 2 percent shall
remain available until September 30, 2007, and of which up to
$10,212,427,000 may be available for contracts entered into under
the TRICARE program; of which $379,119,000, to remain available
for obligation until September 30, 2008, shall be for Procurement;
and of which $542,306,000, to remain available for obligation until
September 30, 2007, shall be for Research, development, test and
evaluation: Provided, That notwithstanding any other provision
of law, of the amount made available under this heading for
Research, development, test and evaluation, not less than
$5,300,000 shall be available for HIV prevention educational activities undertaken in connection with U.S. military training, exercises,
and humanitarian assistance activities conducted primarily in African nations.
CHEMICAL AGENTS

AND

MUNITIONS DESTRUCTION, ARMY

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

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United
States Code; for Operation and maintenance; for Procurement; and
for Research, development, test and evaluation, $917,651,000: Provided, That the funds appropriated under this heading shall be
available for obligation for the same time period and for the same

H. R. 2863—17
purpose as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority contained
elsewhere in this Act.
OFFICE

OF THE INSPECTOR

GENERAL

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

AND

DISABILITY

For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $244,600,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

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

H. R. 2863—18
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)

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

H. R. 2863—19
item for which reprogramming is requested has been denied by
the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section
must be made prior to June 30, 2006: Provided further, That transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds
that may be transferred under this section.
(TRANSFER OF FUNDS)

SEC. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the Congress
prior to any such obligation.
SEC. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.
SEC. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any 1 year
of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any 1 year, unless
the congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided, That
no part of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the limits
of the Government’s liability: Provided further, That no part of
any appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated
without 10-day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided
further, That none of the funds provided in this Act may be used
for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract—

H. R. 2863—20
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
UH–60/MH–60 Helicopters;
C–17 Globemaster;
Apache Block II Conversion; and
Modernized Target Acquisition Designation Sight/Pilot
Night Vision Sensor (MTADS/PNVS).
SEC. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized
by Public Law 99–239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
SEC. 8010. (a) During fiscal year 2006, the civilian personnel
of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 2007 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2007 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2007.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.

H. R. 2863—21
SEC. 8011. None of the funds appropriated in this or any
other Act may be used to initiate a new installation overseas
without 30-day advance notification to the Committees on Appropriations.
SEC. 8012. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8013. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Department
of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment:
Provided, That this subsection shall not apply to those members
who have reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to active components of the Army.
SEC. 8014. (a) LIMITATION ON CONVERSION TO CONTRACTOR
PERFORMANCE.—None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity or
function of the Department of Defense that, on or after the date
of the enactment of this Act, is performed by more than 10 Department of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—
(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed
in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b) EXCEPTIONS.—
(1) The Department of Defense, without regard to subsection (a) of this section or subsections (a), (b), or (c) of section
2461 of title 10, United States Code, and notwithstanding any
administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for

H. R. 2863—22
the performance of any commercial or industrial type function
of the Department of Defense that—
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O’Day Act (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined
in section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) TREATMENT OF CONVERSION.—The conversion of any activity
or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive
or outsourcing goal, target, or measurement that may be established
by statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition
or outsourcing of commercial activities.
(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
SEC. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are substantially manufactured in the United States: Provided,
That for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided further,
That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost
of the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on

H. R. 2863—23
Appropriations that such an acquisition must be made in order
to acquire capability for national security purposes.
SEC. 8017. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols.
SEC. 8018. None of the funds appropriated by this Act available
for the Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) or TRICARE shall be available for the
reimbursement of any health care provider for inpatient mental
health service for care received when a patient is referred to a
provider of inpatient mental health care or residential treatment
care by a medical or health care professional having an economic
interest in the facility to which the patient is referred: Provided,
That this limitation does not apply in the case of inpatient mental
health services provided under the program for persons with disabilities under subsection (d) of section 1079 of title 10, United States
Code, provided as partial hospital care, or provided pursuant to
a waiver authorized by the Secretary of Defense because of medical
or psychological circumstances of the patient that are confirmed
by a health professional who is not a Federal employee after a
review, pursuant to rules prescribed by the Secretary, which takes
into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of
that care.
SEC. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8020. In addition to the funds provided elsewhere in
this Act, $8,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United
States Code or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25,
United States Code shall be considered a contractor for the purposes
of being allowed additional compensation under section 504 of the
Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves the
expenditure of funds appropriated by an Act making Appropriations
for the Department of Defense with respect to any fiscal year:
Provided further, That notwithstanding section 430 of title 41,
United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any
contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part by any
subcontractor or supplier defined in section 1544 of title 25, United
States Code or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25,
United States Code: Provided further, That, during the current
fiscal year and hereafter, businesses certified as 8(a) by the Small

H. R. 2863—24
Business Administration pursuant to section 8(a)(15) of Public Law
85–536, as amended, shall have the same status as other program
participants under section 602 of Public Law 100–656, 102 Stat.
3825 (Business Opportunity Development Reform Act of 1988) for
purposes of contracting with agencies of the Department of Defense.
SEC. 8021. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the provisions
of OMB Circular A–76 if the study being performed exceeds a
period of 24 months after initiation of such study with respect
to a single function activity or 30 months after initiation of such
study for a multi-function activity.
SEC. 8022. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national or
international political or psychological activities.
SEC. 8023. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized
for the Secretary of Veterans Affairs by section 7455 of title 38,
United States Code.
SEC. 8024. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8025. (a) Of the funds made available in this Act, not
less than $31,109,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $24,288,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $6,000,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and
(3) $821,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug activities
in support of Federal, State, and local government agencies.
SEC. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs
and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel

H. R. 2863—25
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2006 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government grants,
for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community
service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2006, not more
than 5,517 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That of the specific amount referred
to previously in this subsection, not more than 1,050 staff years
may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years
funded in the National Intelligence Program (NIP).
(e) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2007 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $46,000,000.
SEC. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8028. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives. In
addition, for any matter pertaining to basic allowance for housing,
facilities sustainment, restoration and modernization, environmental restoration and the Defense Health Program, ‘‘congressional
defense committees’’ also means the Subcommittee on Military
Quality of Life and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives.
SEC. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and

H. R. 2863—26
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8030. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2006. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
SEC. 8031. Appropriations contained in this Act that remain
available at the end of the current fiscal year, and at the end
of each fiscal year hereafter, as a result of energy cost savings
realized by the Department of Defense shall remain available for
obligation for the next fiscal year to the extent, and for the purposes,
provided in section 2865 of title 10, United States Code.
SEC. 8032. The President shall include with each budget for
a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, and hereafter, materials that shall
identify clearly and separately the amounts requested in the budget
for appropriation for that fiscal year for salaries and expenses
related to administrative activities of the Department of Defense,
the military departments, and the defense agencies.
SEC. 8033. Notwithstanding any other provision of law, funds
available during the current fiscal year and hereafter for ‘‘Drug
Interdiction and Counter-Drug Activities, Defense’’ may be obligated
for the Young Marines program.

H. R. 2863—27
(INCLUDING TRANSFER OF FUNDS)

SEC. 8034. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8035. (a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no
cost to the Air Force, without consideration, to Indian tribes located
in the States of North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units located at Grand Forks
Air Force Base and Minot Air Force Base that are excess to the
needs of the Air Force.
(b) PROCESSING OF REQUESTS.—The Secretary of the Air Force
shall convey, at no cost to the Air Force, military housing units
under subsection (a) in accordance with the request for such units
that are submitted to the Secretary by the Operation Walking
Shield Program on behalf of Indian tribes located in the States
of North Dakota, South Dakota, Montana, and Minnesota.
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The Operation
Walking Shield Program shall resolve any conflicts among requests
of Indian tribes for housing units under subsection (a) before
submitting requests to the Secretary of the Air Force under subsection (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian
tribe’’ means any recognized Indian tribe included on the current
list published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public Law
103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).
SEC. 8036. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $250,000.
SEC. 8037. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2007 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2007 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2007 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.

H. R. 2863—28
SEC. 8038. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2007: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National
Security Act of 1947, as amended, shall remain available until
September 30, 2007.
SEC. 8039. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
SEC. 8040. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $10,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8041. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality-competitive, and available in a timely
fashion.
SEC. 8042. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procurement determines—

H. R. 2863—29
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equipment that
is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
SEC. 8043. (a) Except as provided in subsection (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate
that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats.
SEC. 8044. The Secretary of Defense, acting through the Office
of Economic Adjustment of the Department of Defense, may use
funds made available in this Act under the heading ‘‘Operation
and Maintenance, Defense-Wide’’ to make grants and supplement
other Federal funds in accordance with the guidance provided in
the Joint Explanatory Statement of the Committee of Conference
to accompany the conference report on the bill H.R. 2863, and
the projects specified in such guidance shall be considered to be
authorized by law.
(RESCISSIONS)

SEC. 8045. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
‘‘Missile Procurement, Army, 2004/2006’’, $20,000,000;
‘‘Missile Procurement, Army, 2005/2007’’, $14,931,000;
‘‘Other Procurement, Army, 2005/2007’’, $68,637,000;
‘‘Aircraft Procurement, Navy, 2005/2007’’, $16,800,000;
‘‘Shipbuilding
and
Conversion,
Navy,
2005/2009’’,
$42,200,000;

H. R. 2863—30
‘‘Other Procurement, Navy, 2005/2007’’, $43,000,000;
‘‘Procurement, Marine Corps, 2005/2007’’, $4,300,000;
‘‘Missile Procurement, Air Force, 2005/2007’’, $92,000,000;
‘‘Other Procurement, Air Force, 2005/2007’’, $3,400,000;
‘‘Research, Development, Test and Evaluation, Army, 2005/
2006’’, $4,300,000;
‘‘Research, Development, Test and Evaluation, Navy, 2005/
2006’’, $32,755,000; and
‘‘Research, Development, Test and Evaluation, Air Force,
2005/2006’’, $63,400,000.
SEC. 8046. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, the Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8047. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of North Korea unless specifically appropriated for that purpose.
SEC. 8048. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program,
the Joint Military Intelligence Program, and the Tactical Intelligence and Related Activities aggregate: Provided, That nothing
in this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8049. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical
and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8050. Up to $2,000,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ may be made
available to contract for the installation, repair, and maintenance
of an on-base and adjacent off-base wastewater/treatment facility
and infrastructure critical to base operations and the public health
and safety of community residents in the vicinity of the NCTAMS.
SEC. 8051. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act for environmental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of
$130,000,000 or higher.
SEC. 8052. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or

H. R. 2863—31
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropriations law.
SEC. 8053. Up to $3,000,000 of the funds appropriated in title
II of this Act under the heading ‘‘Operation and Maintenance,
Army’’, may be made available to contract with the Army Historical
Foundation, a nonprofit organization, for services required to solicit
non-Federal donations to support construction and operation of
the National Museum of the United States Army at Fort Belvoir,
Virginia: Provided, That notwithstanding any other provision of
law, the Army is authorized to receive future payments in this
or the subsequent fiscal year from any nonprofit organization chartered to support the National Museum of the United States Army
to reimburse amounts expended by the Army pursuant to this
section: Provided further, That any reimbursements received pursuant to this section shall be merged with ‘‘Operation and Maintenance, Army’’ and shall be made available for the same purposes
and for the same time period as that appropriation account.
(TRANSFER OF FUNDS)

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

H. R. 2863—32
part in a State (as defined in section 381(d) of title 10, United
States Code) which is not contiguous with another State and has
an unemployment rate in excess of the national average rate of
unemployment as determined by the Secretary of Labor, shall
include a provision requiring the contractor to employ, for the
purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are
residents of such State and who, in the case of any craft or trade,
possess or would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the requirements of this section, on a case-by-case basis, in the interest of
national security.
SEC. 8058. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources
of any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act
without the express authorization of Congress: Provided, That this
limitation shall not apply to transfers of funds expressly provided
for in Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
SEC. 8059. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES
AND SERVICES.—Notwithstanding any other provision of law, none
of the funds available to the Department of Defense for the current
fiscal year may be obligated or expended to transfer to another
nation or an international organization any defense articles or
services (other than intelligence services) for use in the activities
described in subsection (b) unless the congressional defense committees, the Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of the
Senate are notified 15 days in advance of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII
of the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection (a) shall
include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies,
or services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies—
(A) a statement of whether the inventory requirements
of all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
SEC. 8060. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense

H. R. 2863—33
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8061. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8062. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8063. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.

H. R. 2863—34
SEC. 8064. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination
under section 2690 of title 10, United States Code, may implement
cost-effective agreements for required heating facility modernization
in the Kaiserslautern Military Community in the Federal Republic
of Germany: Provided, That in the City of Kaiserslautern such
agreements will include the use of United States anthracite as
the base load energy for municipal district heat to the United
States Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United States
coal as an energy source.
SEC. 8065. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities preceding and
leading to acceptance for operational use: Provided further, That
this restriction does not apply to programs funded within the
National Intelligence Program: Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
SEC. 8066. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available
to provide transportation of medical supplies and equipment, on
a nonreimbursable basis, to American Samoa, and funds available
to the Department of Defense shall be made available to provide
transportation of medical supplies and equipment, on a nonreimbursable basis, to the Indian Health Service when it is in
conjunction with a civil-military project.
SEC. 8067. None of the funds made available in this Act may
be used to approve or license the sale of the F/A–22 advanced
tactical fighter to any foreign government.
SEC. 8068. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and

H. R. 2863—35
clothing or textile materials as defined by section 11 (chapters
50–65) of the Harmonized Tariff Schedule and products classified
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
SEC. 8069. (a) PROHIBITION.—None of the funds made available
by this Act may be used to support any training program involving
a unit of the security forces of a foreign country if the Secretary
of Defense has received credible information from the Department
of State that the unit has committed a gross violation of human
rights, unless all necessary corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a decision
to conduct any training program referred to in subsection (a), full
consideration is given to all credible information available to the
Department of State relating to human rights violations by foreign
security forces.
(c) WAIVER.—The Secretary of Defense, after consultation with
the Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by extraordinary
circumstances.
(d) REPORT.—Not more than 15 days after the exercise of any
waiver under subsection (c), the Secretary of Defense shall submit
a report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information
relating to human rights violations that necessitates the waiver.
SEC. 8070. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to develop,
lease or procure the T-AKE class of ships unless the main propulsion
diesel engines and propulsors are manufactured in the United
States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes
or there exists a significant cost or quality difference.
SEC. 8071. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8072. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start advanced
concept technology demonstration project may only be obligated
30 days after a report, including a description of the project, the
planned acquisition and transition strategy and its estimated
annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying

H. R. 2863—36
to the congressional defense committees that it is in the national
interest to do so.
SEC. 8073. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act,
to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified
annex accompanying this Act.
SEC. 8074. During the current fiscal year, refunds attributable
to the use of the Government travel card, refunds attributable
to the use of the Government Purchase Card and refunds attributable to official Government travel arranged by Government Contracted Travel Management Centers may be credited to operation
and maintenance, and research, development, test and evaluation
accounts of the Department of Defense which are current when
the refunds are received.
SEC. 8075. (a) REGISTERING FINANCIAL MANAGEMENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION
OFFICER.—None of the funds appropriated in this Act may be used
for a mission critical or mission essential financial management
information technology system (including a system funded by the
defense working capital fund) that is not registered with the Chief
Information Officer of the Department of Defense. A system shall
be considered to be registered with that officer upon the furnishing
to that officer of notice of the system, together with such information
concerning the system as the Secretary of Defense may prescribe.
A financial management information technology system shall be
considered a mission critical or mission essential information technology system as defined by the Under Secretary of Defense (Comptroller).
(b) CERTIFICATIONS AS TO COMPLIANCE WITH FINANCIAL
MANAGEMENT MODERNIZATION PLAN.—
(1) During the current fiscal year, a financial management
automated information system, a mixed information system
supporting financial and non-financial systems, or a system
improvement of more than $1,000,000 may not receive Milestone A approval, Milestone B approval, or full rate production,
or their equivalent, within the Department of Defense until
the Under Secretary of Defense (Comptroller) certifies, with
respect to that milestone, that the system is being developed
and managed in accordance with the Department’s Financial
Management Modernization Plan. The Under Secretary of
Defense (Comptroller) may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications
under paragraph (1).
(c) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN
ACT.—
(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval, Milestone B approval, or full rate production approval, or their
equivalent, within the Department of Defense until the Chief
Information Officer certifies, with respect to that milestone,
that the system is being developed in accordance with the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications, as
appropriate, with respect to any such system.

H. R. 2863—37
(2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications
under paragraph (1). Each such notification shall include, at
a minimum, the funding baseline and milestone schedule for
each system covered by such a certification and confirmation
that the following steps have been taken with respect to the
system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation
of the return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with
the Department’s Global Information Grid.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means the senior
official of the Department of Defense designated by the Secretary of Defense pursuant to section 3506 of title 44, United
States Code.
(2) The term ‘‘information technology system’’ has the
meaning given the term ‘‘information technology’’ in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
SEC. 8076. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States
if such department or agency is more than 90 days in arrears
in making payment to the Department of Defense for goods or
services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not apply
if the department is authorized by law to provide support to such
department or agency on a nonreimbursable basis, and is providing
the requested support pursuant to such authority: Provided further,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
SEC. 8077. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32 may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
SEC. 8078. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an
entity performing demilitarization services for the Department of
Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.

H. R. 2863—38
SEC. 8079. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise would
be required under section 2667 of title 10, United States Code,
in the case of a lease of personal property for a period not in
excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal non-profit organization as may be approved by the Chief
of the National Guard Bureau, or his designee, on a case-by-case
basis.
SEC. 8080. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with
another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8081. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year may
be used to fund civil requirements associated with the satellite
and ground control segments of such system’s modernization program.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8082. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $147,900,000
shall remain available until expended: Provided, That notwithstanding any other provision of law, the Secretary of Defense is
authorized to transfer such funds to other activities of the Federal
Government: Provided further, That the Secretary of Defense is
authorized to enter into and carry out contracts for the acquisition
of real property, construction, personal services, and operations
related to projects described in further detail in the Classified
Annex accompanying the Department of Defense Appropriations
Act, 2006, consistent with the terms and conditions set forth therein:
Provided further, That contracts entered into under the authority
of this section may provide for such indemnification as the Secretary
determines to be necessary: Provided further, That projects authorized by this section shall comply with applicable Federal, State,
and local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
SEC. 8083. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under
subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10
U.S.C. 113 note) shall continue in effect to apply to disbursements
that are made by the Department of Defense in fiscal year 2006.

H. R. 2863—39
SEC. 8084. In addition to amounts provided elsewhere in this
Act, $2,200,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, these funds shall
be available only for a grant to the Fisher House Foundation,
Inc., only for the construction and furnishing of additional Fisher
Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military
beneficiary.
SEC. 8085. (a) The Secretary of Defense, in coordination with
the Secretary of Health and Human Services, may carry out a
program to distribute surplus dental and medical equipment of
the Department of Defense, at no cost to the Department of Defense,
to Indian Health Service facilities and to federally-qualified health
centers (within the meaning of section 1905(l)(2)(B) of the Social
Security Act (42 U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of Defense
shall give the Indian Health Service a property disposal priority
equal to the priority given to the Department of Defense and
its twelve special screening programs in distribution of surplus
dental and medical supplies and equipment.
SEC. 8086. Amounts appropriated in title II of this Act are
hereby reduced by $265,000,000 to reflect savings attributable to
efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments, as follows:
(1) From ‘‘Operation and Maintenance, Army’’, $26,000,000.
(2) From ‘‘Operation and Maintenance, Navy’’, $85,000,000.
(3) From ‘‘Operation and Maintenance, Air Force’’,
$154,000,000.
SEC. 8087. The total amount appropriated or otherwise made
available in this Act is hereby reduced by $100,000,000 to limit
excessive growth in the procurement of advisory and assistance
services, to be distributed as follows:
‘‘Operation and Maintenance, Army’’, $25,000,000.
‘‘Operation and Maintenance, Navy’’, $10,000,000.
‘‘Operation and Maintenance, Air Force’’, $30,000,000.
‘‘Operation and Maintenance, Defense-Wide’’, $35,000,000.
(INCLUDING TRANSFER OF FUNDS)

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

H. R. 2863—40
(INCLUDING TRANSFER OF FUNDS)

SEC. 8089. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $517,523,000
shall be available until September 30, 2006, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer such funds to the
following appropriations in the amounts specified: Provided further,
That the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred:
To:
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 1998/2006’’:
New SSN, $28,000,000.
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 1999/2006’’:
LPD–17 Amphibious Transport Dock Ship Program, $95,000,000;
New SSN, $72,000,000.
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2000/2006’’:
LPD–17 Amphibious Transport Dock Ship Program, $94,800,000.
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2001/2006’’:
Carrier Replacement Program, $145,023,000;
New SSN, $82,700,000.
SEC. 8090. The Secretary of the Navy may settle, or compromise, and pay any and all admiralty claims under section 7622
of title 10, United States Code arising out of the collision involving
the U.S.S. GREENEVILLE and the EHIME MARU, in any amount
and without regard to the monetary limitations in subsections (a)
and (b) of that section: Provided, That such payments shall be
made from funds available to the Department of the Navy for
operation and maintenance.
SEC. 8091. Notwithstanding any other provision of law or regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code for occupations
listed in section 7403(a)(2) of title 38, United States Code as well
as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of section 7403(g)(1)(A) of title
38, United States Code shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code shall not apply.
SEC. 8092. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2006 until the enactment of the Intelligence
Authorization Act for fiscal year 2006.
SEC. 8093. None of the funds in this Act may be used to
initiate a new start program without prior written notification
to the Office of Secretary of Defense and the congressional defense
committees.
SEC. 8094. The amounts appropriated in title II of this Act
are hereby reduced by $250,000,000 to reflect cash balance and

H. R. 2863—41
rate stabilization adjustments in Department of Defense Working
Capital Funds, as follows:
(1)
From
‘‘Operation
and
Maintenance,
Army’’,
$100,000,000.
(2) From ‘‘Operation and Maintenance, Navy’’, $50,000,000.
(3) From ‘‘Operation and Maintenance, Air Force’’,
$100,000,000.
SEC. 8095. (a) In addition to the amounts provided elsewhere
in this Act, the amount of $5,100,000 is hereby appropriated to
the Department of Defense for ‘‘Operation and Maintenance, Army
National Guard’’. Such amount shall be made available to the
Secretary of the Army only to make a grant in the amount of
$5,100,000 to the entity specified in subsection (b) to facilitate
access by veterans to opportunities for skilled employment in the
construction industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a
nonprofit labor-management co-operation committee provided for
by section 302(c)(9) of the Labor-Management Relations Act, 1947
(29 U.S.C. 186(c)(9)), for the purposes set forth in section 6(b)
of the Labor Management Cooperation Act of 1978 (29 U.S.C. 175a
note).
SEC. 8096. FINANCING AND FIELDING OF KEY ARMY CAPABILITIES.—The Department of Defense and the Department of the Army
shall make future budgetary and programming plans to fully finance
the Non-Line of Sight Future Force cannon and resupply vehicle
program (NLOS–C) in order to field this system in fiscal year
2010, consistent with the broader plan to field the Future Combat
System (FCS) in fiscal year 2010: Provided, That if the Army
is precluded from fielding the FCS program by fiscal year 2010,
then the Army shall develop the NLOS–C independent of the
broader FCS development timeline to achieve fielding by fiscal
year 2010. In addition the Army will deliver eight (8) combat
operational pre-production NLOS–C systems by the end of calendar
year 2008. These systems shall be in addition to those systems
necessary for developmental and operational testing: Provided further, That the Army shall ensure that budgetary and programmatic
plans will provide for no fewer than seven (7) Stryker Brigade
Combat Teams.
SEC. 8097. Up to $2,125,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ in this Act for
the Pacific Missile Range Facility may be made available to contract
for the repair, maintenance, and operation of adjacent off-base
water, drainage, and flood control systems, electrical upgrade to
support additional missions critical to base operations, and support
for a range footprint expansion to further guard against encroachment.
SEC. 8098. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $33,350,000 is hereby appropriated to the Department of Defense, to remain available until
September 30, 2006: Provided, That the Secretary of Defense shall
make grants in the amounts specified as follows: $3,850,000 to
the Intrepid Sea-Air-Space Foundation; $1,000,000 to the Pentagon
Memorial Fund, Inc.; $4,400,000 to the Center for Applied Science
and Technologies at Jordan Valley Innovation Center; $1,000,000
to the Vietnam Veterans Memorial Fund for the Teach Vietnam
initiative; $500,000 to the Westchester County World Trade Center

H. R. 2863—42
Memorial; $1,000,000 to the Women in Military Service for America
Memorial Foundation; $2,000,000 to The Presidio Trust; $500,000
to George Mason University for the Clinic for Legal Assistance
to Servicemembers; $850,000 to the Fort Des Moines Memorial
Park and Education Center; $1,000,000 to the American Civil War
Center at Historic Tredegar; $1,500,000 to the Museum of Flight,
American Heroes Collection; $1,000,000 to the National Guard
Youth Foundation; $2,550,000 to the United Services Organization;
$1,700,000 to the Dwight D. Eisenhower Memorial Commission;
$1,000,000 to the Iraq Cultural Heritage Assistance Project;
$1,350,000 to the Pacific Aviation Museum-Pearl Harbor; $1,500,000
to the Red Cross Consolidated Blood Services Facility; $150,000
to the Telluride Adaptive Sports Program; $4,000,000 to
T.H.A.N.K.S USA; $1,500,000 to the Battleship Texas Foundation
to Restore and Preserve the Battleship Texas; and $1,000,000 to
the Pennsylvania Veterans Museum Media Armory.
SEC. 8099. Notwithstanding section 2583(a) of title 10, United
States Code, but subject to the limitations of section 2583(e) of
title 10, United States Code, during the current fiscal year the
Secretary of the military department concerned may make a military working dog available for adoption by its former handler.
SEC. 8100. The budget of the President for fiscal year 2007
submitted to the Congress pursuant to section 1105 of title 31,
United States Code shall include separate budget justification documents for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for
each military service, to include all Active and Reserve components,
and for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall
include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal
years.
SEC. 8101. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8102. Of the amounts provided in title II of this Act
under the heading ‘‘Operation and Maintenance, Defense-Wide’’,
$20,000,000 is available for the Regional Defense Counter-terrorism
Fellowship Program, to fund the education and training of foreign
military officers, ministry of defense civilians, and other foreign
security officials, to include United States military officers and
civilian officials whose participation directly contributes to the education and training of these foreign students.
SEC. 8103. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided,

H. R. 2863—43
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8104. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8105. (a) From within amounts made available in title
II of this Act, under the heading ‘‘Operation and Maintenance,
Army’’, and notwithstanding any other provision of law, up to
$7,000,000 shall be available only for repairs and safety improvements to the segment of Fort Irwin Road which extends from
Interstate 15 northeast toward the boundary of Fort Irwin, California and the originating intersection of Irwin Road: Provided,
That these funds shall remain available until expended: Provided
further, That the authorized scope of work includes, but is not
limited to, environmental documentation and mitigation,
engineering and design, improving safety, resurfacing, widening
lanes, enhancing shoulders, and replacing signs and pavement
markings: Provided further, That these funds may be used for
advances to the Federal Highway Administration, Department of
Transportation, for the authorized scope of work.
(b) From within amounts made available in title II of this
Act under the heading ‘‘Operation and Maintenance, Marine Corps’’,
the Secretary of the Navy shall make a grant in the amount
of $4,800,000, notwithstanding any other provision of law, to the
City of Twentynine Palms, California, for the widening of off-base
Adobe Road, which is used by members of the Marine Corps stationed at the Marine Corps Air Ground Task Force Training Center,
Twentynine Palms, California, and their dependents, and for
construction of pedestrian and bike lanes for the road, to provide
for the safety of the Marines stationed at the installation.
SEC. 8106. None of the funds available to the Department
of Defense may be obligated to modify command and control relationships to give Fleet Forces Command administrative and operational control of U.S. Navy forces assigned to the Pacific fleet:
Provided, That the command and control relationships which
existed on October 1, 2004, shall remain in force unless changes
are specifically authorized in a subsequent Act.
SEC. 8107. (a) At the time members of reserve components
of the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during which
the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that
it is necessary to do so to respond to a national security emergency
or to meet dire operational requirements of the Armed Forces.

H. R. 2863—44
(INCLUDING TRANSFER OF FUNDS)

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

H. R. 2863—45
Federal entity requests such assistance and the non-Federal funds
are provided on a reimbursable basis.
SEC. 8111. Of the funds appropriated or otherwise made available in this Act, a reduction of $361,000,000 is hereby taken from
title III, Procurement, from the following accounts in the specified
amounts:
‘‘Missile Procurement, Army’’, $9,000,000;
‘‘Other Procurement, Army’’, $297,000,000; and
‘‘Procurement, Marine Corps’’, $55,000,000:
Provided, That within 30 days of enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall provide
a report to the House Committee on Appropriations and the Senate
Committee on Appropriations which describes the application of
these reductions to programs, projects or activities within these
accounts.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8112. (a) THREE-YEAR EXTENSION.—During the current
fiscal year and each of fiscal years 2007 and 2008, the Secretary
of Defense may transfer not more than $20,000,000 of unobligated
balances remaining in the expiring RDT&E, Army, appropriation
account to a current Research, Development, Test and Evaluation,
Army, appropriation account to be used only for the continuation
of the Army Venture Capital Fund demonstration.
(b) EXPIRING RDT&E, ARMY, ACCOUNT.—For purposes of this
section, for any fiscal year, the expiring RDT&E, Army, account
is the Research, Development, Test and Evaluation, Army, appropriation account that is then in its last fiscal year of availability
for obligation before the account closes under section 1552 of title
31, United States Code.
(c) ARMY VENTURE CAPITAL FUND DEMONSTRATION.—For purposes of this section, the Army Venture Capital Fund demonstration
is the program for which funds were initially provided in section
8150 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117; 115 Stat. 2281), as extended and
revised in section 8105 of Department of Defense Appropriations
Act, 2003 (Public Law 107–248; 116 Stat. 1562).
(d) ADMINISTRATIVE PROVISIONS.—The provisos in section 8105
of the Department of Defense Appropriations Act, 2003 (Public
Law 107–248; 116 Stat. 1562), shall apply with respect to amounts
transferred under this section in the same manner as to amounts
transferred under that section.
SEC. 8113. Of the funds made available in this Act, not less
than $76,100,000 shall be available to maintain an attrition reserve
force of 18 B–52 aircraft, of which $3,900,000 shall be available
from ‘‘Military Personnel, Air Force’’, $44,300,000 shall be available
from ‘‘Operation and Maintenance, Air Force’’, and $27,900,000
shall be available from ‘‘Aircraft Procurement, Air Force’’: Provided,
That the Secretary of the Air Force shall maintain a total force
of 94 B–52 aircraft, including 18 attrition reserve aircraft, during
fiscal year 2006: Provided further, That the Secretary of Defense
shall include in the Air Force budget request for fiscal year 2007
amounts sufficient to maintain a B–52 force totaling 94 aircraft.
SEC. 8114. The Secretary of the Air Force is authorized, using
funds available under the heading ‘‘Operation and Maintenance,
Air Force’’, to complete a phased repair project, which repairs
may include upgrades and additions, to the infrastructure of the

H. R. 2863—46
operational ranges managed by the Air Force in Alaska: Provided,
That the total cost of such phased projects shall not exceed
$32,000,000.
SEC. 8115. For purposes of section 612 of title 41, United
States Code, any subdivision of appropriations made under the
heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed
at the time reimbursement is made shall be available to reimburse
the Judgment Fund and shall be considered for the same purposes
as any subdivision under the heading ‘‘Shipbuilding and Conversion,
Navy’’ appropriations in the current fiscal year or any prior fiscal
year.
(TRANSFER OF FUNDS)

SEC. 8116. Upon enactment of this Act, the Secretary of Defense
shall make the following transfer of funds: Provided, That funds
so transferred shall be merged with and shall be available for
the same purpose and for the same time period as the appropriation
to which transferred: Provided further, That the amounts shall
be transferred between the following appropriations in the amounts
specified:
From:
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2003/2007’’:
For outfitting, post delivery, conversions, and first
destination transportation, $3,300,000;
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2004/2008’’:
For outfitting, post delivery, conversions, and first
destination transportation, $6,100,000;
To:
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2003/2007’’:
SSGN, $3,300,000;
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2004/2008’’:
SSGN, $6,100,000.
SEC. 8117. (a) FINDINGS.—The Senate makes the following
findings:
(1) The Department of Defense Appropriations Act, 2004
(Public Law 108–87), the Department of Defense Appropriations
Act, 2005 (Public Law 108–287), and the Emergency Supplemental Appropriations Act for Defense, the Global War on
Terror, and Tsunami Relief, 2005 (Public Law 109–13) each
contain a sense of the Senate provision urging the President
to provide in the annual budget requests of the President
for a fiscal year under section 1105(a) of title 31, United States
Code, an estimate of the cost of ongoing military operations
in Iraq and Afghanistan in such fiscal year.
(2) The budget for fiscal year 2006 submitted to Congress
by the President on February 7, 2005, requests no funds for
fiscal year 2006 for ongoing military operations in Iraq or
Afghanistan.
(3) According to the Congressional Research Service, there
exists historical precedent for including the cost of ongoing
military operations in the annual budget requests of the President following initial funding for such operations by emergency
or supplemental appropriations Acts, including—

H. R. 2863—47
(A) funds for Operation Noble Eagle, beginning in the
budget request of President George W. Bush for fiscal
year 2005;
(B) funds for operations in Kosovo, beginning in the
budget request of President George W. Bush for fiscal
year 2001;
(C) funds for operations in Bosnia, beginning in the
budget request of President Clinton for fiscal year 1997;
(D) funds for operations in Southwest Asia, beginning
in the budget request of President Clinton for fiscal year
1997;
(E) funds for operations in Vietnam, beginning in the
budget request of President Johnson for fiscal year 1966;
and
(F) funds for World War II, beginning in the budget
request of President Roosevelt for fiscal year 1943.
(4) In section 1024(b) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror,
and Tsunami Relief, 2005 (119 Stat. 252), the Senate requested
that the President submit to Congress, not later than September 1, 2005, an amendment to the budget of the President
for fiscal year 2006 setting forth detailed cost estimates for
ongoing military operations overseas during such fiscal year.
(5) The President has yet to submit such an amendment.
(6) In February 2005, the Congressional Budget Office estimated that fiscal year 2006 cost of ongoing military operations
in Iraq and Afghanistan could total $85,000,000,000.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that—
(1) any request for funds for a fiscal year after fiscal year
2006 for an ongoing military operation overseas, including operations in Afghanistan and Iraq, should be included in the
annual budget of the President for such fiscal year as submitted
to Congress under section 1105(a) of title 31, United States
Code;
(2) the President should submit a budget request for fiscal
year 2006 setting forth estimates for ongoing military operations overseas during such fiscal year; and
(3) any funds provided for a fiscal year for ongoing military
operations overseas should be provided in appropriations Acts
for such fiscal year through appropriations to specific accounts
set forth in such appropriations Acts.
SEC. 8118. Section 351(a)(3) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108–
375; 118 Stat. 1858) is amended by striking ‘‘July 31, 2004’’ and
inserting ‘‘April 1, 2006’’.
SEC. 8119. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the Extended Range Multi-Purpose (ERMP) Unmanned
Aerial Vehicle (UAV) in order to support the Secretary of Defense
in matters relating to the employment of unmanned aerial vehicles.
SEC. 8120. (a) REPORT.—Not later than February 15, 2006,
the Secretary of Defense shall submit to the congressional defense
committees a report on the status of the review of, and actions

H. R. 2863—48
taken to implement, the recommendations of the Comptroller General of the United States in the report of the Comptroller General
entitled ‘‘Military and Veterans Benefits: Enhanced Services Could
Improve Transition Assistance for Reserves and National Guard’’
(GAO 05–544).
(b) PARTICULAR INFORMATION.—If the Secretary has determined
in the course of the review described in subsection (a) not to
implement any recommendation of the Comptroller General
described in that subsection, the report under that subsection shall
include a justification of such determination.
SEC. 8121. (a) The Secretary of the Navy may, subject to the
terms and conditions of the Secretary, donate the World War IIera marine railway located at the United States Naval Academy,
Annapolis, Maryland, to the Richardson Maritime Heritage Center,
Cambridge, Maryland.
(b) The marine railway donated under subsection (a) may not
be used for commercial purposes.
SEC. 8122. The Secretary of Defense may present promotional
materials, including a United States flag, to any member of an
Active or Reserve component under the Secretary’s jurisdiction who,
as determined by the Secretary, participates in Operation Enduring
Freedom or Operation Iraqi Freedom, along with other recognition
items in conjunction with any week-long national observation and
day of national celebration, if established by Presidential proclamation, for any such members returning from such operations.
SEC. 8123. Section 8013 of the Department of Defense Appropriations Act, 1994 (Public Law 103–139; 107 Stat. 1440) is
amended by striking ‘‘the report to the President from the Defense
Base Closure and Realignment Commission, July 1991’’ and
inserting ‘‘the reports to the President from the Defense Base Closure and Realignment Commission, July 1991 and July 1993’’.
SEC. 8124. (a) INCREASE IN RATE OF BASIC PAY.—
(1) INCREASE.—Footnote 2 to the table on Enlisted Members
in section 601(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108–136; 37 U.S.C. 1009
note) is amended by striking ‘‘or Master Chief Petty Officer
of the Coast Guard’’ and inserting ‘‘Master Chief Petty Officer
of the Coast Guard, or Senior Enlisted Advisor to the Chairman
of the Joint Chiefs of Staff’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect on September 1, 2005, and shall apply
with respect to months beginning on or after that date.
(b) PERSONAL MONEY ALLOWANCE.—Section 414(c) of title 37,
United States Code, is amended by striking ‘‘or the Master Chief
Petty Officer of the Coast Guard’’ and inserting ‘‘the Master Chief
Petty Officer of the Coast Guard, or the Senior Enlisted Advisor
to the Chairman of the Joint Chiefs of Staff’’.
SEC. 8125. Notwithstanding any other provision of this Act,
to reflect savings from revised economic assumptions the total
amount appropriated in title II of this Act is hereby reduced by
$195,260,000, the total amount appropriated in title III of this
Act is hereby reduced by $263,875,000, and the total amount appropriated in title IV of this Act is hereby reduced by $312,165,000:
Provided, That the Secretary of Defense shall allocate this reduction
proportionally to each budget activity, activity group, subactivity
group, and each program, project, and activity, within each appropriation account.

H. R. 2863—49
SEC. 8126. SUPPORT FOR YOUTH ORGANIZATIONS. (a) SHORT
TITLE.—This Act may be cited as the ‘‘Support Our Scouts Act
of 2005’’.
(b) SUPPORT FOR YOUTH ORGANIZATIONS.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘Federal agency’’ means each department,
agency, instrumentality, or other entity of the United
States Government; and
(B) the term ‘‘youth organization’’—
(i) means any organization that is designated by
the President as an organization that is primarily
intended to—
(I) serve individuals under the age of 21 years;
(II) provide training in citizenship, leadership,
physical fitness, service to community, and teamwork; and
(III) promote the development of character and
ethical and moral values; and
(ii) shall include—
(I) the Boy Scouts of America;
(II) the Girl Scouts of the United States of
America;
(III) the Boys Clubs of America;
(IV) the Girls Clubs of America;
(V) the Young Men’s Christian Association;
(VI) the Young Women’s Christian Association;
(VII) the Civil Air Patrol;
(VIII) the United States Olympic Committee;
(IX) the Special Olympics;
(X) Campfire USA;
(XI) the Young Marines;
(XII) the Naval Sea Cadets Corps;
(XIII) 4–H Clubs;
(XIV) the Police Athletic League;
(XV) Big Brothers—Big Sisters of America;
and
(XVI) National Guard Youth Challenge.
(2) IN GENERAL.—
(A) SUPPORT FOR YOUTH ORGANIZATIONS.—
(i) SUPPORT.—No Federal law (including any rule,
regulation, directive, instruction, or order) shall be construed to limit any Federal agency from providing any
form of support for a youth organization (including
the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result
in that Federal agency providing less support to that
youth organization (or any similar organization chartered under the chapter of title 36, United States Code,
relating to that youth organization) than was provided
during the preceding fiscal year. This clause shall be
subject to the availability of appropriations.
(ii) YOUTH ORGANIZATIONS THAT CEASE TO EXIST.—
Clause (i) shall not apply to any youth organization
that ceases to exist.
(iii) WAIVERS.—The head of a Federal agency may
waive the application of clause (i) to any youth

H. R. 2863—50
organization with respect to each conviction or investigation described under subclause (I) or (II) for a
period of not more than 2 fiscal years if—
(I) any senior officer (including any member
of the board of directors) of the youth organization
is convicted of a criminal offense relating to the
official duties of that officer or the youth organization is convicted of a criminal offense; or
(II) the youth organization is the subject of
a criminal investigation relating to fraudulent use
or waste of Federal funds.
(B) TYPES OF SUPPORT.—Support described under this
paragraph shall include—
(i) holding meetings, camping events, or other
activities on Federal property;
(ii) hosting any official event of such organization;
(iii) loaning equipment; and
(iv) providing personnel services and logistical support.
(c) SUPPORT FOR SCOUT JAMBOREES.—
(1) FINDINGS.—Congress makes the following findings:
(A) Section 8 of article I of the Constitution of the
United States commits exclusively to Congress the powers
to raise and support armies, provide and maintain a Navy,
and make rules for the government and regulation of the
land and naval forces.
(B) Under those powers conferred by section 8 of article
I of the Constitution of the United States to provide, support, and maintain the Armed Forces, it lies within the
discretion of Congress to provide opportunities to train
the Armed Forces.
(C) The primary purpose of the Armed Forces is to
defend our national security and prepare for combat should
the need arise.
(D) One of the most critical elements in defending
the Nation and preparing for combat is training in conditions that simulate the preparation, logistics, and leadership required for defense and combat.
(E) Support for youth organization events simulates
the preparation, logistics, and leadership required for
defending our national security and preparing for combat.
(F) For example, Boy Scouts of America’s National
Scout Jamboree is a unique training event for the Armed
Forces, as it requires the construction, maintenance, and
disassembly of a ‘‘tent city’’ capable of supporting tens
of thousands of people for a week or longer. Camporees
at the United States Military Academy for Girl Scouts
and Boy Scouts provide similar training opportunities on
a smaller scale.
(2) SUPPORT.—Section 2554 of title 10, United States Code,
is amended by adding at the end the following:
‘‘(i)(1) The Secretary of Defense shall provide at least the same
level of support under this section for a national or world Boy
Scout Jamboree as was provided under this section for the preceding
national or world Boy Scout Jamboree.
‘‘(2) The Secretary of Defense may waive paragraph (1), if
the Secretary—

H. R. 2863—51
‘‘(A) determines that providing the support subject to paragraph (1) would be detrimental to the national security of
the United States; and
‘‘(B) reports such a determination to the Congress in a
timely manner, and before such support is not provided.’’.
(d) EQUAL ACCESS FOR YOUTH ORGANIZATIONS.—Section 109
of the Housing and Community Development Act of 1974 (42 U.S.C.
5309) is amended—
(1) in the first sentence of subsection (b) by inserting ‘‘or
(e)’’ after ‘‘subsection (a)’’; and
(2) by adding at the end the following:
‘‘(e) EQUAL ACCESS.—
‘‘(1) DEFINITION.—In this subsection, the term ‘youth
organization’ means any organization described under part B
of subtitle II of title 36, United States Code, that is intended
to serve individuals under the age of 21 years.
‘‘(2) IN GENERAL.—No State or unit of general local government that has a designated open forum, limited public forum,
or nonpublic forum and that is a recipient of assistance under
this chapter shall deny equal access or a fair opportunity to
meet to, or discriminate against, any youth organization,
including the Boy Scouts of America or any group officially
affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated
open forum, limited public forum, or nonpublic forum.’’.
SEC. 8127. REGULATIONS TO CLARIFY GIFT ACCEPTANCE POLICY
FOR SERVICE MEMBERS AND THEIR FAMILIES. (a) REGULATIONS.—
The Secretary of Defense shall prescribe regulations to provide
that, subject to such limitations as may be specified in such regulations, members of the Armed Forces described in subsection (c),
and the family members of such a member, may accept gifts from
non-profit organizations, private parties, and other sources outside
the Department of Defense, other than foreign governments and
their agents. Such regulations shall apply uniformly to the Army,
Navy, Air Force, and Marine Corps, and, to the maximum extent
feasible, to the Coast Guard, and shall apply uniformly to the
active and reserve components.
(b) AUTHORITY.—A member of the Armed Forces described in
subsection (c) may accept gifts as provided in the regulations authorized in subsection (a), notwithstanding section 7353 of title 5, United
States Code.
(c) COVERED MEMBERS.—A member of the Armed Forces is
described in this subsection in the case of a member who is on
active duty and who on or after September 11, 2001, and while
on active duty, incurred an injury or illness—
(1) as described in section 1413a(e)(2) of title 10, United
States Code; or
(2) in an operation or area designated as a combat operation
or a combat zone, respectively, by the Secretary of Defense
in accordance with the regulations prescribed under subsection
(a).
(d) DEADLINE FOR REGULATIONS.—Regulations under subsection
(a) shall be prescribed not later than 90 days after the date of
the enactment of this Act.

H. R. 2863—52
(e) RETROACTIVE APPLICABILITY OF REGULATIONS.—Regulations
under subsection (a) shall, to the extent provided in such regulations, also apply to the acceptance of gifts during the period beginning on September 11, 2001, and ending on the date on which
such regulations go into effect.
SEC. 8128. Section 106(g) of the Alaska Natural Gas Pipeline
Act (15 U.S.C. 720d) is amended be striking ‘‘later’’ and inserting
‘‘earlier’’.
SEC. 8129. The present incumbent Attending Physician at the
U.S. Capitol shall be continued on active duty until ten years
after the enactment of this Act.
TITLE IX
ADDITIONAL APPROPRIATIONS
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$4,713,245,000.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$144,000,000.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $455,000,000.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$508,000,000.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel, Army’’,
$138,755,000.
RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel, Navy’’,
$10,000,000.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $234,400,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $3,200,000.

H. R. 2863—53
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,
Army’’, $21,348,886,000.
OPERATION

AND

MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $1,810,500,000.
OPERATION

AND

MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $1,833,126,000.
OPERATION

AND

MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $2,483,900,000.
OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

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

AND

MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $48,200,000.
OPERATION

AND

MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $6,400,000.
OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

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

H. R. 2863—54
OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $5,000,000.
OPERATION

AND

MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $183,000,000.
OPERATION

AND

MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $7,200,000.
IRAQ FREEDOM FUND
(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Iraq Freedom Fund’’,
$4,658,686,000, to remain available for transfer until September
30, 2007, only to support operations in Iraq or Afghanistan and
classified activities: Provided, That the Secretary of Defense may
transfer the funds provided herein to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test
and evaluation; and working capital funds: Provided further, That
of the amounts provided under this heading, $3,048,686,000 shall
only be for classified programs, described in further detail in the
classified annex accompanying this Act: Provided further, That up
to $100,000,000 shall be available for the Department of Homeland
Security, ‘‘United States Coast Guard, Operating Expenses’’: Provided further, That not less than $1,360,000,000 shall be available
for the Joint IED Defeat Task Force: Provided further, That funds
transferred shall be merged with and be available for the same
purposes and for the same time period as the appropriation or
fund to which transferred: Provided further, That this transfer
authority is in addition to any other transfer authority available
to the Department of Defense: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the Secretary of Defense shall, not fewer than 5
days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any
such transfer: Provided further, That the Secretary shall submit
a report no later than 30 days after the end of each fiscal quarter
to the congressional defense committees summarizing the details
of the transfer of funds from this appropriation.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$232,100,000, to remain available until September 30, 2008.

H. R. 2863—55
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$55,000,000, to remain available until September 30, 2008.
PROCUREMENT

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

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

OF

AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $273,000,000, to remain available until September 30, 2008.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$3,174,900,000, to remain available until September 30, 2008.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$138,837,000, to remain available until September 30, 2008.
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,
$116,900,000, to remain available until September 30, 2008.
PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $38,885,000, to remain available until
September 30, 2008.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$49,100,000, to remain available until September 30, 2008.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$1,710,145,000, to remain available until September 30, 2008.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$115,300,000, to remain available until September 30, 2008.
MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement, Air Force’’,
$17,000,000, to remain available until September 30, 2008.

H. R. 2863—56
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$17,500,000, to remain available until September 30, 2008.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$182,075,000, to remain available until September 30, 2008.
NATIONAL GUARD

AND

RESERVE EQUIPMENT

For an additional amount for ‘‘National Guard and Reserve
Equipment’’, $1,000,000,000, to remain available until September
30, 2008.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $13,100,000, to remain available until September, 30, 2007.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $12,500,000, to remain available until
September, 30, 2007.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $25,000,000, to remain available
until September 30, 2007.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$2,516,400,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $27,620,000.
GENERAL PROVISIONS
SEC. 9001. Appropriations provided in this title are available
for obligation until September 30, 2006, unless otherwise so provided in this title.
SEC. 9002. Notwithstanding any other provision of law or of
this Act, funds made available in this title are in addition to
amounts provided elsewhere in this Act.

H. R. 2863—57
(TRANSFER OF FUNDS)

SEC. 9003. Upon his determination that such action is necessary
in the national interest, the Secretary of Defense may transfer
between appropriations up to $2,500,000,000 of the funds made
available to the Department of Defense in this title: Provided,
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in addition
to any other transfer authority available to the Department of
Defense and is subject to the same terms and conditions as the
authority provided in section 8005 of this Act.
SEC. 9004. Funds appropriated in this title, or made available
by the transfer of funds in or pursuant to this title, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414).
SEC. 9005. None of the funds provided in this title may be
used to finance programs or activities denied by Congress in fiscal
years 2005 or 2006 appropriations to the Department of Defense
or to initiate a procurement or research, development, test and
evaluation new start program without prior written notification
to the congressional defense committees.
SEC. 9006. Notwithstanding any other provision of law, of the
funds made available in this title to the Department of Defense
for operation and maintenance, not to exceed $500,000,000 may
be used by the Secretary of Defense, with the concurrence of the
Secretary of State, to train, equip and provide related assistance
only to military or security forces of Iraq and Afghanistan to
enhance their capability to combat terrorism and to support United
States military operations in Iraq and Afghanistan: Provided, That
such assistance may include the provision of equipment, supplies,
services, training, and funding: Provided further, That the authority
to provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations: Provided further,
That the Secretary of Defense shall notify the congressional defense
committees, the Committee on International Relations of the House
of Representatives, and the Committee on Foreign Relations of
the Senate not less than 15 days before providing assistance under
the authority of this section.
SEC. 9007. (a) From funds made available in this title to the
Department of Defense, not to exceed $500,000,000 may be used,
notwithstanding any other provision of law, to fund the Commander’s Emergency Response Program, for the purpose of enabling
military commanders in Iraq to respond to urgent humanitarian
relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the
Iraqi people, and to fund a similar program to assist the people
of Afghanistan.
(b) QUARTERLY REPORTS.—Not later than 15 days after the
end of each fiscal year quarter (beginning with the first quarter
of fiscal year 2006), the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source
of funds and the allocation and use of funds during that quarter
that were made available pursuant to the authority provided in
this section or under any other provision of law for the purposes
of the programs under subsection (a).

H. R. 2863—58
SEC. 9008. Amounts provided in this title for operations in
Iraq and Afghanistan may be used by the Department of Defense
for the purchase of up to 20 heavy and light armored vehicles
for force protection purposes, notwithstanding price or other limitations specified elsewhere in this Act, or any other provision of
law: Provided, That the Secretary of Defense shall submit a report
in writing no later than 30 days after the end of each fiscal quarter
notifying the congressional defense committees of any purchase
described in this section, including the cost, purposes, and quantities
of vehicles purchased.
SEC. 9009. During the current fiscal year, funds available to
the Department of Defense for operation and maintenance may
be used, notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and sealift, and
other logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this
section.
SEC. 9010. (a) Not later than 60 days after the date of the
enactment of this Act and every 90 days thereafter through the
end of fiscal year 2006, the Secretary of Defense shall set forth
in a report to Congress a comprehensive set of performance indicators and measures for progress toward military and political stability in Iraq.
(b) The report shall include performance standards and goals
for security, economic, and security force training objectives in
Iraq together with a notional timetable for achieving these goals.
(c) In specific, the report requires, at a minimum, the following:
(1) With respect to stability and security in Iraq, the following:
(A) Key measures of political stability, including the
important political milestones that must be achieved over
the next several years.
(B) The primary indicators of a stable security environment in Iraq, such as number of engagements per day,
numbers of trained Iraqi forces, and trends relating to
numbers and types of ethnic and religious-based hostile
encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed
of non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts
to disarm or reintegrate each militia.
(E) Key indicators of economic activity that should
be considered the most important for determining the prospects of stability in Iraq, including—
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to determine when it is safe to begin withdrawing United States
forces from Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:

H. R. 2863—59
(A) The training provided Iraqi military and other
Ministry of Defense forces and the equipment used by
such forces.
(B) Key criteria for assessing the capabilities and readiness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable
for achieving these goals.
(C) The operational readiness status of the Iraqi military forces, including the type, number, size, and organizational structure of Iraqi battalions that are—
(i) capable of conducting counterinsurgency operations independently;
(ii) capable of conducting counterinsurgency operations with the support of United States or coalition
forces; or
(iii) not ready to conduct counterinsurgency operations.
(D) The rates of absenteeism in the Iraqi military
forces and the extent to which insurgents have infiltrated
such forces.
(E) The training provided Iraqi police and other Ministry of Interior forces and the equipment used by such
forces.
(F) Key criteria for assessing the capabilities and readiness of the Iraqi police and other Ministry of Interior
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving
these goals, including—
(i) the number of police recruits that have received
classroom training and the duration of such instruction;
(ii) the number of veteran police officers who have
received classroom instruction and the duration of such
instruction;
(iii) the number of police candidates screened by
the Iraqi Police Screening Service, the number of candidates derived from other entry procedures, and the
success rates of those groups of candidates;
(iv) the number of Iraqi police forces who have
received field training by international police trainers
and the duration of such instruction; and
(v) attrition rates and measures of absenteeism
and infiltration by insurgents.
(G) The estimated total number of Iraqi battalions
needed for the Iraqi security forces to perform duties now
being undertaken by coalition forces, including defending
the borders of Iraq and providing adequate levels of law
and order throughout Iraq.
(H) The effectiveness of the Iraqi military and police
officer cadres and the chain of command.
(I) The number of United States and coalition advisors
needed to support the Iraqi security forces and associated
ministries.

H. R. 2863—60
(J) An assessment, in a classified annex if necessary,
of United States military requirements, including planned
force rotations, through the end of calendar year 2006.
SEC. 9011. Supervision and administration costs associated with
a construction project funded with appropriations available for operation and maintenance, and executed in direct support of the Global
War on Terrorism only in Iraq and Afghanistan, may be obligated
at the time a construction contract is awarded: Provided, That
for the purpose of this section, supervision and administration
costs include all in-house Government costs.
SEC. 9012. Amounts appropriated or otherwise made available
in this title are designated as making appropriations for contingency
operations related to the global war on terrorism pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.

TITLE X—MATTERS RELATING TO
DETAINEES
SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Detainee Treatment Act of
2005’’.
SEC. 1002. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF
DEFENSE.

(a) IN GENERAL.—No person in the custody or under the effective control of the Department of Defense or under detention in
a Department of Defense facility shall be subject to any treatment
or technique of interrogation not authorized by and listed in the
United States Army Field Manual on Intelligence Interrogation.
(b) APPLICABILITY.—Subsection (a) shall not apply with respect
to any person in the custody or under the effective control of
the Department of Defense pursuant to a criminal law or immigration law of the United States.
(c) CONSTRUCTION.—Nothing in this section shall be construed
to affect the rights under the United States Constitution of any
person in the custody or under the physical jurisdiction of the
United States.
SEC. 1003. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY
OR CONTROL OF THE UNITED STATES GOVERNMENT.

(a) IN GENERAL.—No individual in the custody or under the
physical control of the United States Government, regardless of
nationality or physical location, shall be subject to cruel, inhuman,
or degrading treatment or punishment.
(b) CONSTRUCTION.—Nothing in this section shall be construed
to impose any geographical limitation on the applicability of the
prohibition against cruel, inhuman, or degrading treatment or
punishment under this section.
(c) LIMITATION ON SUPERSEDURE.—The provisions of this section
shall not be superseded, except by a provision of law enacted
after the date of the enactment of this Act which specifically repeals,
modifies, or supersedes the provisions of this section.

H. R. 2863—61
(d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHDEFINED.—In this section, the term ‘‘cruel, inhuman, or
degrading treatment or punishment’’ means the cruel, unusual,
and inhumane treatment or punishment prohibited by the Fifth,
Eighth, and Fourteenth Amendments to the Constitution of the
United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman or Degrading
Treatment or Punishment done at New York, December 10, 1984.
MENT

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

(a) PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL.—
In any civil action or criminal prosecution against an officer,
employee, member of the Armed Forces, or other agent of the
United States Government who is a United States person, arising
out of the officer, employee, member of the Armed Forces, or other
agent’s engaging in specific operational practices, that involve detention and interrogation of aliens who the President or his designees
have determined are believed to be engaged in or associated with
international terrorist activity that poses a serious, continuing
threat to the United States, its interests, or its allies, and that
were officially authorized and determined to be lawful at the time
that they were conducted, it shall be a defense that such officer,
employee, member of the Armed Forces, or other agent did not
know that the practices were unlawful and a person of ordinary
sense and understanding would not know the practices were unlawful. Good faith reliance on advice of counsel should be an important
factor, among others, to consider in assessing whether a person
of ordinary sense and understanding would have known the practices to be unlawful. Nothing in this section shall be construed
to limit or extinguish any defense or protection otherwise available
to any person or entity from suit, civil or criminal liability, or
damages, or to provide immunity from prosecution for any criminal
offense by the proper authorities.
(b) COUNSEL.—The United States Government may provide
or employ counsel, and pay counsel fees, court costs, bail, and
other expenses incident to the representation of an officer, employee,
member of the Armed Forces, or other agent described in subsection
(a), with respect to any civil action or criminal prosecution arising
out of practices described in that subsection, under the same conditions, and to the same extent, to which such services and payments
are authorized under section 1037 of title 10, United States Code.
SEC. 1005. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE
THE UNITED STATES.

(a) SUBMITTAL OF PROCEDURES FOR STATUS REVIEW OF
DETAINEES AT GUANTANAMO BAY, CUBA, AND IN AFGHANISTAN AND
IRAQ.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services and the Committee
on the Judiciary of the Senate and the Committee on Armed
Services and the Committee on the Judiciary of the House
of Representatives a report setting forth—
(A) the procedures of the Combatant Status Review
Tribunals and the Administrative Review Boards established by direction of the Secretary of Defense that are

H. R. 2863—62
in operation at Guantanamo Bay, Cuba, for determining
the status of the detainees held at Guantanamo Bay or
to provide an annual review to determine the need to
continue to detain an alien who is a detainee; and
(B) the procedures in operation in Afghanistan and
Iraq for a determination of the status of aliens detained
in the custody or under the physical control of the Department of Defense in those countries.
(2) DESIGNATED CIVILIAN OFFICIAL.—The procedures submitted to Congress pursuant to paragraph (1)(A) shall ensure
that the official of the Department of Defense who is designated
by the President or Secretary of Defense to be the final review
authority within the Department of Defense with respect to
decisions of any such tribunal or board (referred to as the
‘‘Designated Civilian Official’’) shall be a civilian officer of the
Department of Defense holding an office to which appointments
are required by law to be made by the President, by and
with the advice and consent of the Senate.
(3) CONSIDERATION OF NEW EVIDENCE.—The procedures
submitted under paragraph (1)(A) shall provide for periodic
review of any new evidence that may become available relating
to the enemy combatant status of a detainee.
(b) CONSIDERATION OF STATEMENTS DERIVED WITH COERCION.—
(1) ASSESSMENT.—The procedures submitted to Congress
pursuant to subsection (a)(1)(A) shall ensure that a Combatant
Status Review Tribunal or Administrative Review Board, or
any similar or successor administrative tribunal or board, in
making a determination of status or disposition of any detainee
under such procedures, shall, to the extent practicable, assess—
(A) whether any statement derived from or relating
to such detainee was obtained as a result of coercion;
and
(B) the probative value (if any) of any such statement.
(2) APPLICABILITY.—Paragraph (1) applies with respect to
any proceeding beginning on or after the date of the enactment
of this Act.
(c) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary
of Defense shall submit to the committees specified in subsection
(a)(1) a report on any modification of the procedures submitted
under subsection (a). Any such report shall be submitted not later
than 60 days before the date on which such modification goes
into effect.
(d) ANNUAL REPORT.—
(1) REPORT REQUIRED.—The Secretary of Defense shall
submit to Congress an annual report on the annual review
process for aliens in the custody of the Department of Defense
outside the United States. Each such report shall be submitted
in unclassified form, with a classified annex, if necessary. The
report shall be submitted not later than December 31 each
year.
(2) ELEMENTS OF REPORT.—Each such report shall include
the following with respect to the year covered by the report:
(A) The number of detainees whose status was
reviewed.
(B) The procedures used at each location.
(e) JUDICIAL REVIEW OF DETENTION OF ENEMY COMBATANTS.—

H. R. 2863—63
(1) IN GENERAL.—Section 2241 of title 28, United States
Code, is amended by adding at the end the following:
‘‘(e) Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction
to hear or consider—
‘‘(1) an application for a writ of habeas corpus filed by
or on behalf of an alien detained by the Department of Defense
at Guantanamo Bay, Cuba; or
‘‘(2) any other action against the United States or its agents
relating to any aspect of the detention by the Department
of Defense of an alien at Guantanamo Bay, Cuba, who—
‘‘(A) is currently in military custody; or
‘‘(B) has been determined by the United States Court
of Appeals for the District of Columbia Circuit in accordance with the procedures set forth in section 1005(e) of
the Detainee Treatment Act of 2005 to have been properly
detained as an enemy combatant.’’.
(2) REVIEW OF DECISIONS OF COMBATANT STATUS REVIEW
TRIBUNALS OF PROPRIETY OF DETENTION.—
(A) IN GENERAL.—Subject to subparagraphs (B), (C),
and (D), the United States Court of Appeals for the District
of Columbia Circuit shall have exclusive jurisdiction to
determine the validity of any final decision of a Combatant
Status Review Tribunal that an alien is properly detained
as an enemy combatant.
(B) LIMITATION ON CLAIMS.—The jurisdiction of the
United States Court of Appeals for the District of Columbia
Circuit under this paragraph shall be limited to claims
brought by or on behalf of an alien—
(i) who is, at the time a request for review by
such court is filed, detained by the Department of
Defense at Guantanamo Bay, Cuba; and
(ii) for whom a Combatant Status Review Tribunal
has been conducted, pursuant to applicable procedures
specified by the Secretary of Defense.
(C) SCOPE OF REVIEW.—The jurisdiction of the United
States Court of Appeals for the District of Columbia Circuit
on any claims with respect to an alien under this paragraph
shall be limited to the consideration of—
(i) whether the status determination of the
Combatant Status Review Tribunal with regard to such
alien was consistent with the standards and procedures
specified by the Secretary of Defense for Combatant
Status Review Tribunals (including the requirement
that the conclusion of the Tribunal be supported by
a preponderance of the evidence and allowing a rebuttable presumption in favor of the Government’s evidence); and
(ii) to the extent the Constitution and laws of
the United States are applicable, whether the use of
such standards and procedures to make the determination is consistent with the Constitution and laws of
the United States.
(D) TERMINATION ON RELEASE FROM CUSTODY.—The
jurisdiction of the United States Court of Appeals for the
District of Columbia Circuit with respect to the claims
of an alien under this paragraph shall cease upon the

H. R. 2863—64
release of such alien from the custody of the Department
of Defense.
(3) REVIEW OF FINAL DECISIONS OF MILITARY COMMISSIONS.—
(A) IN GENERAL.—Subject to subparagraphs (B), (C),
and (D), the United States Court of Appeals for the District
of Columbia Circuit shall have exclusive jurisdiction to
determine the validity of any final decision rendered pursuant to Military Commission Order No. 1, dated August
31, 2005 (or any successor military order).
(B) GRANT OF REVIEW.—Review under this paragraph—
(i) with respect to a capital case or a case in
which the alien was sentenced to a term of imprisonment of 10 years or more, shall be as of right; or
(ii) with respect to any other case, shall be at
the discretion of the United States Court of Appeals
for the District of Columbia Circuit.
(C) LIMITATION ON APPEALS.—The jurisdiction of the
United States Court of Appeals for the District of Columbia
Circuit under this paragraph shall be limited to an appeal
brought by or on behalf of an alien—
(i) who was, at the time of the proceedings pursuant to the military order referred to in subparagraph
(A), detained by the Department of Defense at Guantanamo Bay, Cuba; and
(ii) for whom a final decision has been rendered
pursuant to such military order.
(D) SCOPE OF REVIEW.—The jurisdiction of the United
States Court of Appeals for the District of Columbia Circuit
on an appeal of a final decision with respect to an alien
under this paragraph shall be limited to the consideration
of—
(i) whether the final decision was consistent with
the standards and procedures specified in the military
order referred to in subparagraph (A); and
(ii) to the extent the Constitution and laws of
the United States are applicable, whether the use of
such standards and procedures to reach the final decision is consistent with the Constitution and laws of
the United States.
(4) RESPONDENT.—The Secretary of Defense shall be the
named respondent in any appeal to the United States Court
of Appeals for the District of Columbia Circuit under this
subsection.
(f) CONSTRUCTION.—Nothing in this section shall be construed
to confer any constitutional right on an alien detained as an enemy
combatant outside the United States.
(g) UNITED STATES DEFINED.—For purposes of this section,
the term ‘‘United States’’, when used in a geographic sense, is
as defined in section 101(a)(38) of the Immigration and Nationality
Act and, in particular, does not include the United States Naval
Station, Guantanamo Bay, Cuba.
(h) EFFECTIVE DATE.—
(1) IN GENERAL.—This section shall take effect on the date
of the enactment of this Act.
(2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY
COMMISSION DECISIONS.—Paragraphs (2) and (3) of subsection

H. R. 2863—65
(e) shall apply with respect to any claim whose review is
governed by one of such paragraphs and that is pending on
or after the date of the enactment of this Act.
SEC. 1006. TRAINING OF IRAQI FORCES REGARDING TREATMENT OF
DETAINEES.

(a) REQUIRED POLICIES.—
(1) IN GENERAL.—The Secretary of Defense shall ensure
that policies are prescribed regarding procedures for military
and civilian personnel of the Department of Defense and contractor personnel of the Department of Defense in Iraq that
are intended to ensure that members of the Armed Forces,
and all persons acting on behalf of the Armed Forces or within
facilities of the Armed Forces, ensure that all personnel of
Iraqi military forces who are trained by Department of Defense
personnel and contractor personnel of the Department of
Defense receive training regarding the international obligations
and laws applicable to the humane detention of detainees,
including protections afforded under the Geneva Conventions
and the Convention Against Torture.
(2) ACKNOWLEDGMENT OF TRAINING.—The Secretary shall
ensure that, for all personnel of the Iraqi Security Forces who
are provided training referred to in paragraph (1), there is
documented acknowledgment of such training having been provided.
(3) DEADLINE FOR POLICIES TO BE PRESCRIBED.—The policies
required by paragraph (1) shall be prescribed not later than
180 days after the date of the enactment of this Act.
(b) ARMY FIELD MANUAL.—
(1) TRANSLATION.—The Secretary of Defense shall provide
for the United States Army Field Manual on Intelligence
Interrogation to be translated into arabic and any other language the Secretary determines appropriate for use by members
of the Iraqi military forces.
(2) DISTRIBUTION.—The Secretary of Defense shall provide
for such manual, as translated, to be provided to each unit
of the Iraqi military forces trained by Department of Defense
personnel or contractor personnel of the Department of Defense.
(c) TRANSMITTAL OF REGULATIONS.—Not less than 30 days after
the date on which regulations, policies, and orders are first prescribed under subsection (a), the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies
of such regulations, policies, or orders, together with a report on
steps taken to the date of the report to implement this section.
(d) ANNUAL REPORT.—Not less than one year after the date
of the enactment of this Act, and annually thereafter, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the implementation of this section.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2006’’.

H. R. 2863—66
DIVISION B
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF OF MEXICO AND PANDEMIC INFLUENZA, 2006
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, to address hurricanes
in the Gulf of Mexico and pandemic influenza for the fiscal year
ending September 30, 2006, and for other purposes, namely:
TITLE I
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO
ADDRESS HURRICANES IN THE GULF OF MEXICO
CHAPTER 1
DEPARTMENT OF AGRICULTURE
EXECUTIVE OPERATIONS
WORKING CAPITAL FUND

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

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

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

H. R. 2863—67
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

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

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

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

H. R. 2863—68
FOOD

AND

NUTRITION SERVICE

COMMODITY ASSISTANCE PROGRAM

For an additional amount for ‘‘Commodity Assistance Program’’
for necessary expenses related to the consequences of Hurricane
Katrina, $10,000,000, to remain available until expended, of which
$6,000,000 shall be for The Emergency Food Assistance Program
and $4,000,000 shall be for the Commodity Supplemental Food
Program: Provided, That notwithstanding any other provisions of
the Emergency Food Assistance Act of 1983 (the ‘‘Act’’), the Secretary may allocate additional foods and funds for administrative
expenses from resources specifically appropriated, transferred, or
reprogrammed to restore to states resources used to assist families
and individuals displaced by the hurricanes of calendar year 2005
among the states without regard to sections 204 and 214 of the
Act: Provided further, That such programs may operate in any
area where emergency feeding organizations develop a program
to provide temporary emergency nonprofit food service to families
and individuals displaced by the hurricanes of calendar year 2005:
Provided further, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 101. EMERGENCY CONSERVATION PROGRAM. (a) IN
ERAL.—There is hereby appropriated $199,800,000, to remain

GENavailable until expended, to provide assistance under the emergency
conservation program established under title IV of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201 et seq.) for expenses resulting
from hurricanes that occurred during the 2005 calendar year.
(b) ASSISTANCE TO NURSERY, OYSTER, AND POULTRY PRODUCERS.—In carrying out this section, the Secretary shall make
payments to nursery, oyster, and poultry producers to pay for
up to 90 percent of the cost of emergency measures to rehabilitate
public and private oyster reefs or farmland damaged by hurricanes
that occurred during the 2005 calendar year, including the cost
of—
(1) cleaning up structures, such as barns and poultry
houses;
(2) providing water to livestock;
(3) in the case of nursery producers, removing debris, such
as nursery structures, shade-houses, and above-ground irrigation facilities;
(4) in the case of oyster producers, refurbishing oyster
beds; and
(5) in the case of poultry producers, removing poultry house
debris, including carcasses.
(c) POULTRY RECOVERY ASSISTANCE.—
(1) IN GENERAL.—The Secretary shall not use more than
$20,000,000 of the funds made available under this section
to provide assistance to poultry growers who suffered uninsured
losses to poultry houses in counties affected by hurricanes
that occurred during the 2005 calendar year.

H. R. 2863—69
(2) LIMITATIONS.—The amount of assistance provided to
a poultry grower under this subsection may not exceed the
lesser of—
(A) 50 percent of the total costs associated with the
reconstruction or repair of a poultry house; or
(B) $50,000 for each poultry house.
(3) LIMIT ON AMOUNT OF ASSISTANCE.—The total amount
of assistance provided under this subsection, and any indemnities for losses to a poultry house paid to a poultry grower,
may not exceed 90 percent of the total costs associated with
the reconstruction or repair of a poultry house.
(d) ASSISTANCE TO PRIVATE NONINDUSTRIAL FOREST LANDOWNERS.—
(1) ELIGIBILITY.—To be eligible to receive a payment under
this section, a private nonindustrial forest landowner shall
(as determined by the Secretary)—
(A) have suffered a loss of, or damage to, at least
35 percent of forest acres on commercial forest land of
the forest landowner in a county affected by hurricanes
that occurred during the 2005 calendar year, or a related
condition; and
(B) during the 5-year period beginning on the date
of the loss—
(i) reforest the lost forest acres, in accordance with
a plan approved by the Secretary that is appropriate
for the forest type;
(ii) use best management practices on the forest
land of the landowner, in accordance with the best
management practices of the Secretary for the
applicable State; and
(iii) exercise good stewardship on the forest land
of the landowner, while maintaining the land in a
forested state.
(2) PROGRAM.—The Secretary shall make payments under
this subsection to private nonindustrial forest landowners to
pay for up to 75 percent of the cost of reforestation, rehabilitation, and related measures, except that the amount of assistance provided under this subsection shall not exceed $150
per acre.
(e) ELIGIBILITY.—Failure to comply with subtitle C of title XII
of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) shall
not prevent an agricultural producer from receiving assistance
under this section.
(f) EMERGENCY DESIGNATION.—The amount provided under this
section is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
SEC. 102. EMERGENCY WATERSHED PROTECTION PROGRAM. (a)
IN GENERAL.—There is hereby appropriated $300,000,000, to remain
available until expended, to provide assistance under the emergency
watershed protection program established under section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203) to repair damages
resulting from hurricanes that occurred during the 2005 calendar
year.
(b) ASSISTANCE.—In carrying out this section, the Secretary
shall make payments to landowners and land users to pay for
up to 75 percent of the cost resulting from damage caused by

H. R. 2863—70
hurricanes that occurred during the 2005 calendar year, or a related
condition, including the cost of—
(1) cleaning up structures on private land; and
(2) reimbursing private nonindustrial forest landowners
for costs associated with downed timber removal, except that
the amount of assistance provided under this paragraph shall
not exceed $150 per acre.
(c) Notwithstanding any other provision of law, the Secretary,
acting through the Natural Resources Conservation Service, using
funds made available under this section may provide financial
and technical assistance to remove and dispose of debris and animal
carcasses that could adversely affect health and safety on nonFederal land in a hurricane-affected county.
(d) EMERGENCY DESIGNATION.—The amount provided under
this section is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
SEC. 103. Notwithstanding any other provision of law, funds
appropriated under this Act to the Secretary of Agriculture may
be used to reimburse accounts of the Secretary that have been
used to pay costs incurred to respond to damage caused by hurricanes that occurred during the 2005 calendar year if those costs
could have been paid with such appropriated funds if such costs
had arisen after the date of enactment of this Act.
SEC. 104. Funds provided for hurricanes that occurred during
the 2005 calendar year under the headings, ‘‘Rural Housing Insurance Fund’’ and ‘‘Rural Housing Assistance Grants’’, may be transferred between such accounts at the Secretary’s discretion.
SEC. 105. (a) Notwithstanding any other provision of this title,
with respect to the counties affected by hurricanes in the 2005
calendar year and for any individuals who resided in such counties
at the time of the disaster the Secretary of Agriculture may, for
a 6-month period that begins upon the date of the enactment
of this Act—
(1) convert rental assistance under section 521 of the
Housing Act of 1949 (42 U.S.C. 1490a) allocated for a property
that is not decent, safe, and sanitary because of the disaster
into rural housing vouchers authorized under title V of the
Housing Act of 1949;
(2) guarantee loans under section 502(h) of the Housing
Act of 1949 (42 U.S.C. 1472(h)) to—
(A) repair and rehabilitate single-family residences;
and
(B) refinance any loan made to a single-family resident
used to acquire or construct the single-family residence
if such residence meets the requirements of subparagraphs
(A), (B), and (C) of section 502(h)(4) of the Housing Act
of 1949 (42 U.S.C. 1472(h)(4));
(3) waive the application of the rural area or similar limitations under any program funded through an appropriations
act and administered by the Rural Development Mission Area;
(4) issue housing vouchers under section 542 of the Housing
Act of 1949 (42 U.S.C. 1490r), except that—
(A) notwithstanding the first sentence of subsection
(a) of section 542 of such Act, the Secretary may assist
low-income families and persons whose residence has

H. R. 2863—71
become uninhabitable or inaccessible as a result of a 2005
hurricane; and
(B) subsection (b) of such section 542 of such Act shall
not apply;
(5) provide loans, loan guarantees and grants from the
Renewable Energy System and Energy Efficiency Improvements
Program authorized in section 9006 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8106) to any rural
business—
(A) with a cost share requirement not to exceed 50
percent;
(B) without regard to any limitation of the grant
amount; and
(C) which may include businesses processing unsegregated solid waste and paper, as determined by the Secretary;
(6) provide grants under the Value-added Agricultural
Product Market Development Grant Program and Rural
Cooperative Development Grant Program without regard to
any grant amount limitations or matching requirements; and
(7) provide grants under the Community Facilities Grant
Program without regard to any graduated funding requirements, grant amount limitations or matching requirements.
(b) The funds made available under this section are designated
as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
SEC. 106. Section 759 of the Agriculture, Rural Development,
Food and Drug Administration and Related Agencies Appropriations
Act, 2006 (Public Law 109–97) is amended to read as follows:
‘‘SEC. 759. None of the funds appropriated or otherwise made
available under this or any other Act shall be used to pay the
salaries and expenses of personnel to expend more than $12,000,000
of the funds initially made available for fiscal year 2006 by section
310(a)(2) of the Biomass Research and Development Act of 2000
(7 U.S.C. 7624 note).’’.
SEC. 107. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.

(a) Section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) is amended by adding at the end the following:
‘‘(k) EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) MERCHANTABLE TIMBER.—The term ‘merchantable
timber’ means timber on private nonindustrial forest land
on which the average tree has a trunk diameter of at
least 6 inches measured at a point no less than 4.5 feet
above the ground.
‘‘(B) PRIVATE NONINDUSTRIAL FOREST LAND.—The term
‘private nonindustrial forest land’ includes State school
trust land.
‘‘(2) PROGRAM.—During calendar year 2006, the Secretary
shall carry out an emergency pilot program in States that
the Secretary determines have suffered damage to merchantable timber in counties affected by hurricanes during the 2005
calendar year.

H. R. 2863—72
‘‘(3) ELIGIBLE ACREAGE.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B) and
the availability of funds under subparagraph (G), an owner
or operator may enroll private nonindustrial forest land
in the conservation reserve under this subsection.
‘‘(B) DETERMINATION OF DAMAGES.—Eligibility for
enrollment shall be limited to owners and operators of
private nonindustrial forest land that have experienced
a loss of 35 percent or more of merchantable timber in
a county affected by hurricanes during the 2005 calendar
year.
‘‘(C) EXEMPTIONS.—Acreage enrolled in the conservation reserve under this subsection shall not count toward—
‘‘(i) county acreage limitations described in section
1243(b); or
‘‘(ii) the maximum enrollment described in subsection (d).
‘‘(D) DUTIES OF OWNERS AND OPERATORS.—As a condition of entering into a contract under this subsection,
during the term of the contract, the owner or operator
of private nonindustrial forest land shall agree—
‘‘(i) to restore the land, through site preparation
and planting of similar species as existing prior to
hurricane damages or to the maximum extent practicable with other native species, as determined by
the Secretary; and
‘‘(ii) to establish temporary vegetative cover the
purpose of which is to prevent soil erosion on the
eligible acreage, as determined by the Secretary.
‘‘(E) DUTIES OF THE SECRETARY.—
‘‘(i) IN GENERAL.—In return for a contract entered
into by an owner or operator of private nonindustrial
forest land under this subsection, the Secretary shall
provide, at the option of the landowner—
‘‘(I) notwithstanding the limitation in section
1234(f)(1), a lump sum payment; or
‘‘(II) annual rental payments.
‘‘(ii) CALCULATION OF LUMP SUM PAYMENT.—The
lump sum payment described in clause (i)(I) shall be
calculated using a net present value formula, as determined by the Secretary, based on the total amount
a producer would receive over the duration of the contract.
‘‘(iii) CALCULATION OF ANNUAL RENTAL PAYMENTS.—The annual rental payment described in
clause (i)(II) shall be equal to the average rental rate
for conservation reserve contracts in the county in
which the land is located.
‘‘(iv) ROLLING SIGNUP.—The Secretary shall offer
a rolling signup for contracts under this subsection.
‘‘(v) DURATION OF CONTRACTS.—A contract entered
into under this subsection shall have a term of 10
years.
‘‘(F) BALANCE OF NATURAL RESOURCES.—In determining
the acceptability of contract offers under this subsection,
the Secretary shall consider an equitable balance among
the purposes of soil erosion prevention, water quality

H. R. 2863—73
improvement, wildlife habitat restoration, and mitigation
of economic loss.
‘‘(G) FUNDING.—The Secretary shall use $404,100,000,
to remain available until expended, of funds of the Commodity Credit Corporation to carry out this subsection.
‘‘(H) DETERMINATIONS BY SECRETARY.—A determination
made by the Secretary under this subsection shall be final
and conclusive.
‘‘(I) REGULATIONS.—
‘‘(i) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Secretary shall
promulgate such regulations as are necessary to implement this subsection.
‘‘(ii) PROCEDURE.—The promulgation of regulations
and administration of this subsection shall be made
without regard to—
‘‘(I) the notice and comment provisions of section 553 of title 5, United States Code;
‘‘(II) the Statement of Policy of the Secretary
of Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
‘‘(III) chapter 35 of title 44, United States
Code (commonly known as the ‘Paperwork Reduction Act’).
‘‘(iii) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this subsection, the Secretary
shall use the authority provided under section 808
of title 5, United States Code.’’.
(b) EMERGENCY DESIGNATION.—The amount provided under
this section is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 2
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$29,830,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$57,691,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency

H. R. 2863—74
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $14,193,000, to remain available until September 30, 2006,
for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$105,034,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel, Army’’,
$11,100,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel, Navy’’,
$33,015,000, to remain available until September 30, 2006, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $3,028,000, to remain available until September 30, 2006,
for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.

H. R. 2863—75
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$2,370,000, to remain available until September 30, 2006, for necessary expenses related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005: Provided, That the amount
provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $220,556,000, to remain available until September 30, 2006,
for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $77,718,000, to remain available until September 30, 2006,
for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

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

AND

MAINTENANCE, NAVY

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

H. R. 2863—76
OPERATION

AND

MAINTENANCE, MARINE CORPS

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

AND

MAINTENANCE, AIR FORCE

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

AND

MAINTENANCE, DEFENSE-WIDE

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

AND

MAINTENANCE, ARMY RESERVE

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

AND

MAINTENANCE, NAVY RESERVE

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

H. R. 2863—77
OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

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

AND

MAINTENANCE, AIR FORCE RESERVE

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

AND

MAINTENANCE, ARMY NATIONAL GUARD

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

AND

MAINTENANCE, AIR NATIONAL GUARD

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

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

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

H. R. 2863—78
PROCUREMENT

OF

AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $1,000,000, to remain available until September 30, 2008,
for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$43,390,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$3,856,000, to remain available until September 30, 2008, for necessary expenses related to the consequences of hurricanes in the
Gulf of Mexico in calendar year 2005: Provided, That the amount
provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

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

AND

CONVERSION, NAVY

For an additional amount for ‘‘Shipbuilding and Conversion,
Navy’’, $1,987,000,000, to remain available until September 30,
2010, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005, which shall
be available for transfer within this account to replace destroyed
or damaged equipment, prepare and recover naval vessels under
contract; and provide for cost adjustments for naval vessels for
which funds have been previously appropriated: Provided, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to
making transfers within this appropriation, notify the congressional
defense committees in writing of the details of any such transfer:

H. R. 2863—79
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$76,675,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$162,315,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$12,082,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
NATIONAL GUARD

AND

RESERVE EQUIPMENT

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

AND

EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $2,462,000, to remain available until September 30, 2007, for necessary expenses related to the consequences
of hurricanes in the Gulf of Mexico in calendar year 2005: Provided,
That the amount provided under this heading is designated as

H. R. 2863—80
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, AIR FORCE

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

AND

EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $32,720,000, to remain available
until September 30, 2007, for necessary expenses related to the
consequences of hurricanes in the Gulf of Mexico in calendar year
2005: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$7,224,000, to remain available until expended, for necessary
expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
TRUST FUNDS
SURCHARGE COLLECTIONS, SALES OF COMMISSARY STORES, DEFENSE

For an additional amount for ‘‘Surcharge Collections, Sales
of Commissary Stores, Defense’’, $44,341,000, to remain available
until expended, for necessary expenses related to the consequences
of hurricanes in the Gulf of Mexico in calendar year 2005: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$201,550,000, of which $172,958,000 shall be for Operation and
Maintenance, and of which $28,592,000 shall be for Procurement,
to remain available until September 30, 2006, for necessary

H. R. 2863—81
expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
OFFICE

OF THE INSPECTOR

GENERAL

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

SEC. 201. Upon his determination that such action is necessary
to ensure the appropriate allocation of funds provided in this
chapter, the Secretary of Defense may transfer up to $500,000,000
of the funds made available to the Department of Defense in this
chapter between such appropriations: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant
to this authority: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the amount made available by the transfer of the funds in or
pursuant to this section is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
SEC. 202. Notwithstanding section 701(b) of title 10, United
States Code, the Secretary of Defense may authorize a member
of the Armed Forces on active duty who performed duties in support
of disaster relief operations in connection with hurricanes in the
Gulf of Mexico in calendar year 2005 and who, except for this
section, would lose any accumulated leave in excess of 60 days
at the end of fiscal year 2005 to retain an accumulated leave
total not to exceed 120 days leave. Except as provided in section
701(f) of title 10, United States Code, leave in excess of 60 days
accumulated under this section is lost unless used by the member
before October 1, 2007.
SEC. 203. Notwithstanding 37 U.S.C. 403(b), the Secretary of
Defense may prescribe a temporary adjustment in the geographic
location rates of the basic allowance for housing in a military
housing area located within an area declared a major disaster
under the Robert T. Stafford Disaster Relief and Emergency Act
(42 U.S.C. 5121 et seq.) resulting from hurricanes in the Gulf
of Mexico in calendar year 2005.
(1) Such temporary adjustment shall be based upon the
Secretary’s redetermination of housing costs in an affected area
and at a rate that shall not exceed 20 percent of the current
rate for an affected area.
(2) Members in an affected military housing area must
certify that an increased housing cost above the current rate

H. R. 2863—82
for an affected area has been incurred in order to be eligible
for the temporary rate adjustment.
(3) No temporary adjustment may be made after September
30, 2006. No assistance provided to individual households under
this heading may extend beyond January 1, 2007. Further,
the Secretary is authorized to reduce or eliminate any temporary adjustment granted under paragraph (1) prior to such
date as appropriate.
SEC. 204. Funds appropriated by this chapter may be obligated
and expended notwithstanding section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
SEC. 205. (a) The total amount appropriated or otherwise made
available in this chapter is hereby reduced by $737,089,000.
(b) The Secretary of Defense shall allocate this reduction proportionately to each applicable appropriation account.
(c) The reduction in subsection (a) shall not apply to budget
authority appropriated or otherwise made available to the Defense
Health Program account.
CHAPTER 3
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS

OF

ENGINEERS—CIVIL

INVESTIGATIONS

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

H. R. 2863—83
CONSTRUCTION

For additional amounts for ‘‘Construction’’ to rehabilitate and
repair Corps projects related to the consequences of hurricanes
in the Gulf of Mexico and Atlantic Ocean in 2005, $101,417,000,
to remain available until expended: Provided, That the amount
provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109 Congress),
the concurrent resolution on the budget for fiscal year 2006.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

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

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

For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, as authorized by section 5 of the Flood Control Act of
August 18, 1941, as amended (33 U.S.C. 701n), for emergency
response to and recovery from coastal storm damages and flooding
related to the consequences of hurricanes in the Gulf of Mexico
and Atlantic Ocean in 2005, $2,277,965,000, to remain available
until expended: Provided, That in using the funds appropriated
for construction related to Hurricane Katrina in the areas covered
by the disaster declaration made by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, Public
Law 93–288, 88 Stat. 143, as amended (42 U.S.C. 5121 et seq.),
the Secretary of the Army, acting through the Chief of Engineers,
is directed to restore the flood damage reduction and hurricane
and storm damage reduction projects, and related works, to provide
the level of protection for which they were designed, at full Federal
expense: Provided further, That $75,000,000 of this amount shall
be used to accelerate completion of unconstructed portions of authorized projects in the State of Mississippi along the Mississippi Gulf

H. R. 2863—84
Coast at full Federal expense: Provided further, That $544,460,000
of this amount shall be used to accelerate completion of
unconstructed portions of authorized hurricane, storm damage
reduction and flood control projects in the greater New Orleans
and south Louisiana area at full Federal expense: Provided further,
That $70,000,000 of this amount shall be available to prepare
for flood, hurricane and other natural disasters and support emergency operations, repair and other activities in response to flood
and hurricane emergencies as authorized by law: Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
GENERAL EXPENSES

For an additional amount for ‘‘General Expenses’’ for increased
efforts by the Mississippi Valley Division to oversee emergency
response and recovery activities related to the consequences of
hurricanes in the Gulf of Mexico in 2005, $1,600,000, to remain
available until expended: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
CUSTOMS

AND

BORDER PROTECTION

SALARIES AND EXPENSES

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

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

AND

CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ to repair
and replace critical equipment and property damaged by hurricanes
and other natural disasters, $13,000,000: Provided, That the
amount provided under this heading is designated as an emergency

H. R. 2863—85
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
UNITED STATES COAST GUARD
OPERATING EXPENSES

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

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

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

FOR

DOMESTIC PREPAREDNESS

STATE AND LOCAL PROGRAMS

For an additional amount for ‘‘State and Local Programs’’ for
equipment replacement related to hurricanes and other natural
disasters, $10,300,000: Provided, That the amount provided under

H. R. 2863—86
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
FEDERAL EMERGENCY MANAGEMENT AGENCY
ADMINISTRATIVE AND REGIONAL OPERATIONS

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

In addition, of the amounts appropriated under this heading
in Public Law 109–62, $1,500,000 shall be transferred to the ‘‘Disaster Assistance Direct Loan Program Account’’ for administrative
expenses to carry out the direct loan program, as authorized by
section 417 of the Stafford Act: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
GENERAL PROVISION—THIS CHAPTER
SEC. 401. Notwithstanding 10 U.S.C. 701(b), the Secretary of
the Department of Homeland Security may authorize a member
on active duty who performed duties in support of Hurricanes
Katrina or Rita disaster relief operations and who, except for this
section, would lose any accumulated leave in excess of 60 days
at the end of fiscal year 2005, to retain an accumulated leave
total not to exceed 120 days leave. Leave in excess of 60 days
accumulated under this section is lost unless it is used by the
member before October 1, 2007.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH

AND

WILDLIFE SERVICE

CONSTRUCTION

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

H. R. 2863—87
NATIONAL PARK SERVICE
CONSTRUCTION

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

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

For an additional amount for ‘‘Royalty and Offshore Minerals
Management’’, for necessary expenses related to the consequences
of hurricanes in the Gulf of Mexico in calendar year 2005 and
for repayment of advances to other appropriation accounts from
which funds were transferred for such purposes, $16,000,000, to
remain available until expended: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
ENVIRONMENTAL PROTECTION AGENCY
LEAKING UNDERGROUND STORAGE TANK PROGRAM
For an additional amount for ‘‘Leaking Underground Storage
Tank Program’’, not to exceed $85,000 per project, $8,000,000, to
remain available until expended, for necessary expenses related
to the consequences of hurricanes in the Gulf of Mexico in calendar
year 2005: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.

H. R. 2863—88
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
STATE AND PRIVATE FORESTRY

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

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

For an additional amount for ‘‘Capital Improvement and
Maintenance’’, $7,000,000, to remain available until expended, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
CHAPTER 6
DEPARTMENT OF LABOR
EMPLOYMENT

AND

TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

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

H. R. 2863—89
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS

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

FOR

CHILDREN

AND

FAMILIES

SOCIAL SERVICES BLOCK GRANT

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

For an additional amount for ‘‘Children and Families Services
Programs’’, $90,000,000, for Head Start to serve children displaced
by hurricanes in the Gulf of Mexico in calendar year 2005, notwithstanding sections 640(a)(1) and 640(g)(1) of the Head Start Act,
and to cover the costs of renovating those Head Start facilities
which were affected by these hurricanes, to the extent reimbursements from FEMA and insurance companies do not fully cover
such costs: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
DEPARTMENT OF EDUCATION
For assisting in meeting the educational needs of individuals
affected by hurricanes in the Gulf of Mexico in calendar year
2005, $1,600,000,000, to remain available through September 30,
2006, of which $750,000,000 shall be available to State educational
agencies until expended to carry out section 102 of title IV, division
B of this Act, $5,000,000 shall be available to carry out section
106 of title IV, division B of this Act, $645,000,000 shall be available
to carry out section 107 of title IV, division B of this Act, and
$200,000,000 shall be available to provide assistance under the
programs authorized by subparts 3 and 4 of part A, part C of
title IV, and part B of title VII of the Higher Education Act of
1965, for students attending institutions of higher education (as

H. R. 2863—90
defined in section 102 of that Act) that are located in an area
in which a major disaster has been declared in accordance with
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act related to hurricanes in the Gulf of Mexico in calendar year 2005 and who qualify for assistance under subparts
3 and 4 of part A and part C of title IV of the Higher Education
Act of 1965, to provide emergency assistance based on demonstrated
need to institutions of higher education that are located in an
area affected by hurricanes in the Gulf of Mexico in calendar
year 2005 and were forced to close, relocate or significantly curtail
their activities as a result of damage directly sustained by such
hurricanes, and to provide payments to institutions of higher education to help defray the unexpected expenses associated with
enrolling displaced students from institutions of higher education
at which operations have been disrupted due to hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That of the
$200,000,000 described in the preceding proviso, $95,000,000 shall
be for the Mississippi Institutes of Higher Learning to provide
assistance under such title IV programs, notwithstanding any
requirements relating to matching, Federal share, reservation of
funds, or maintenance of effort that would otherwise be applicable
to that assistance; $95,000,000 shall be for the Louisiana Board
of Regents to provide emergency assistance based on demonstrated
need under part B of title VII of the Higher Education Act of
1965, which may be used for student financial assistance, faculty
and staff salaries, equipment and instruments, or any purpose
authorized under the Higher Education Act of 1965, to institutions
of higher education that are located in an area affected by hurricanes in the Gulf of Mexico in calendar year 2005; and $10,000,000
shall be available to the Secretary of Education for such payments
to institutions of higher education to help defray the unexpected
expenses associated with enrolling displaced students from institutions of higher education directly affected by hurricanes in the
Gulf of Mexico in calendar year 2005, in accordance with criteria
as are established by the Secretary and made publicly available
without regard to section 437 of the General Education Provisions
Act or section 553 of title 5, United States Code: Provided further,
That the amounts provided in this paragraph are designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
CHAPTER 7
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, NAVY

AND

MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $291,219,000, to remain available until September 30, 2010, for necessary expenses related to the consequences
of hurricanes in the Gulf of Mexico in calendar year 2005: Provided,
That such funds may be obligated or expended for planning and
design and military construction projects not otherwise authorized
by law: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to

H. R. 2863—91
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$52,612,000, to remain available until September 30, 2010, for
necessary expenses related to the consequences of hurricanes in
the Gulf of Mexico in calendar year 2005: Provided, That such
funds may be obligated or expended for planning and design and
military construction projects not otherwise authorized by law: Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
MILITARY CONSTRUCTION, DEFENSE-WIDE
For an additional amount for ‘‘Military Construction, DefenseWide’’, $45,000,000, to remain available until September 30, 2010,
for necessary expenses related to the consequences of hurricanes
in the Gulf of Mexico in calendar year 2005: Provided, That such
funds may be obligated or expended for planning and design and
military construction projects not otherwise authorized by law: Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For an additional amount for ‘‘Military Construction, Army
National Guard’’, $374,300,000, for necessary expenses related to
the consequences of hurricanes in the Gulf of Mexico in calendar
year 2005: Provided, That such funds may be obligated or expended
for planning and design and military construction projects not otherwise authorized by law: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For an additional amount for ‘‘Military Construction, Air
National Guard’’, $35,000,000, to remain available until September
30, 2010, for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico in calendar year 2005: Provided,
That such funds may be obligated or expended for planning and
design and military construction projects not otherwise authorized
by law: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.

H. R. 2863—92
MILITARY CONSTRUCTION, NAVAL RESERVE
For an additional amount for ‘‘Military Construction, Naval
Reserve’’, $120,132,000, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year
2005: Provided, That such funds may be obligated or expended
for planning and design and military construction projects not otherwise authorized by law: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
FAMILY HOUSING
FAMILY HOUSING CONSTRUCTION, NAVY

AND

MARINE CORPS

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

AND

For an additional amount for ‘‘Family Housing Operation and
Maintenance, Navy and Marine Corps’’, $48,889,000, for necessary
expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005, to remain available until September 30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Family Housing Construction,
Air Force’’, $278,000,000, to remain available until September 30,
2010, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005: Provided, That
such funds may be obligated or expended for planning and design
and military construction projects not otherwise authorized by law:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
FAMILY HOUSING OPERATION

AND

MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Family Housing Operation and
Maintenance, Air Force’’, $47,019,000, to remain available until
September 30, 2007, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year

H. R. 2863—93
2005: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES

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

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

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

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

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

H. R. 2863—94
RELATED AGENCY
ARMED FORCES RETIREMENT HOME
For payment to the ‘‘Armed Forces Retirement Home’’ for necessary expenses related to the consequences of Hurricane Katrina,
$65,800,000, to remain available until expended: Provided, That
of the amount provided, $45,000,000 shall be available for the
Armed Forces Retirement Home, Gulfport, Mississippi: Provided
further, That of the amount provided, $20,800,000 shall be available
for the Armed Forces Retirement Home, Washington, DC: Provided
further, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 701. The limitation of Federal contribution established
under section 18236(b) of title 10 is hereby waived for projects
appropriated in this chapter.
SEC. 702. For any real property expressly granted to the United
States since January 1, 1980 for use as or in connection with
a Navy homeport subject to a reversionary interest retained by
the grantor and serving as the site of or being used by a naval
station subsequently closed or realigned pursuant to the Defense
Base Closure and Realignment Act of 1990 as amended, the right
of the United States to any consideration or repayment for the
fair market value of the real property as improved shall be released,
relinquished, waived, or otherwise permanently extinguished. The
Secretary shall execute such written agreements as may be needed
to facilitate the reversion and transfer all right, title, and interest
of the United States in any real property described in this section,
including the improvements thereon, for no consideration to the
reversionary interest holder as soon as practicable after the naval
station is closed or realigned. This agreement shall not require
the reversionary interest holder to assume any environmental liabilities of the United States or relieve the United States from any
responsibilities for environmental remediation that it may have
incurred as a result of federal ownership or use of the real property.
SEC. 703. (a) Notwithstanding 38 U.S.C. 2102, the Secretary
of Veterans Affairs may make a grant to a veteran whose home
was previously adapted with the assistance of a grant under chapter
21 of title 38, United States Code, in the event the adapted home
which was being used and occupied by the veteran was destroyed
or substantially damaged in the declared disaster areas as a result
of hurricanes in the Gulf of Mexico in calendar year 2005, as
determined by the President under the Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). The grant is available
to acquire a suitable housing unit with special fixtures or moveable
facilities made necessary by the veteran’s disability, and necessary
land therefor. This authority expires on September 30, 2006: Provided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
(b) The amount of the grant authorized by this subsection
may not exceed the lesser of—

H. R. 2863—95
(1) the reasonable cost, as determined by the Secretary
of Veterans Affairs, of repairing or replacing the adapted home
in excess of the available insurance coverage on the damaged
or destroyed home; or
(2) the maximum grant to which the veteran would have
been entitled under 38 U.S.C. 2102 (a) or (b) had the veteran
not obtained the prior grant.
SEC. 704. In any case where the Secretary of Veterans Affairs
determines that a veteran described in 38 U.S.C. 3108(a)(2) has
been displaced as the result of hurricanes in the Gulf of Mexico
in calendar year 2005, from the disaster area, as determined by
the President under the Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), the Secretary may extend the payment
of subsistence allowance authorized by such paragraph for up to
an additional two months while the veteran is satisfactorily following such program of employment services. This authority expires
on September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
SEC. 705. The annual limitation contained in 38 U.S.C. 3120(e)
shall not apply in any case where the Secretary of Veterans Affairs
determines that a veteran described in 38 U.S.C. 3120(b) has been
displaced as the result of, or has otherwise been adversely affected
in the areas covered by hurricanes in the Gulf of Mexico in calendar
year 2005, as determined by the President under the Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
This authority expires on September 30, 2006: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal year
2006.
SEC. 706. Notwithstanding 38 U.S.C. 3903(a), the Secretary
of Veterans Affairs may provide or assist in providing an eligible
person with a second automobile or other conveyance under the
provisions of chapter 39 of title 38 United States Code, if the
Secretary receives satisfactory evidence that the automobile or other
conveyance previously purchased with assistance under such
chapter was destroyed as a result of hurricanes in the Gulf of
Mexico in calendar year 2005, and through no fault of the eligible
person: Provided, That that person does not otherwise receive from
a property insurer compensation for the loss. This authority expires
on September 30, 2006: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
CHAPTER 8
DEPARTMENT OF JUSTICE
LEGAL ACTIVITIES
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for ‘‘Salaries and Expenses, United
States Attorneys’’, $9,000,000, for necessary expenses related to
the consequences of hurricanes in the Gulf of Mexico in calendar

H. R. 2863—96
year 2005: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES

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

OF INVESTIGATION

SALARIES AND EXPENSES

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

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

OF

ALCOHOL, TOBACCO, FIREARMS

AND

EXPLOSIVES

SALARIES AND EXPENSES

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

For an additional amount for ‘‘Buildings and Facilities’’,
$11,000,000, to remain available until expended, for necessary

H. R. 2863—97
expenses related to the consequences of hurricanes in the Gulf
of Mexico in calendar year 2005: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
OFFICE

OF

JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

AND

ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

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

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

AND

SPACE ADMINISTRATION

EXPLORATION CAPABILITIES

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

H. R. 2863—98
SMALL BUSINESS ADMINISTRATION
OFFICE OF INSPECTOR GENERAL

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

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

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

H. R. 2863—99
infrastructure. Any transfer made under this section shall be subject
to section 605 of Public Law 109–108.
CHAPTER 9
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)

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

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

H. R. 2863—100
MARITIME ADMINISTRATION
OPERATIONS AND TRAINING

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

AND INDIAN

HOUSING

TENANT-BASED RENTAL ASSISTANCE

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

AND

DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

For an additional amount for the ‘‘Community development
fund’’, for necessary expenses related to disaster relief, long-term
recovery, and restoration of infrastructure in the most impacted
and distressed areas related to the consequences of hurricanes
in the Gulf of Mexico in 2005 in States for which the President
declared a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) in conjunction with Hurricane Katrina, Rita, or Wilma,
$11,500,000,000, to remain available until expended, for activities

H. R. 2863—101
authorized under title I of the Housing and Community Development Act of 1974 (Public Law 93–383): Provided, That no State
shall receive more than 54 percent of the amount provided under
this heading: Provided further, That funds provided under this
heading shall be administered through an entity or entities designated by the Governor of each State: Provided further, That
such funds may not be used for activities reimbursable by or for
which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further,
That funds allocated under this heading shall not adversely affect
the amount of any formula assistance received by a State under
this heading: Provided further, That each State may use up to
five percent of its allocation for administrative costs: Provided further, That Louisiana and Mississippi may each use up to
$20,000,000 (with up to $400,000 each for technical assistance)
from funds made available under this heading for LISC and the
Enterprise Foundation for activities authorized by section 4 of the
HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in
effect immediately before June 12, 1997, and for activities authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, including demolition, site clearance and remediation, and program administration: Provided further, That in administering the funds under this heading, the Secretary of Housing
and Urban Development shall waive, or specify alternative requirements for, any provision of any statute or regulation that the
Secretary administers in connection with the obligation by the
Secretary or the use by the recipient of these funds or guarantees
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a request by the
State that such waiver is required to facilitate the use of such
funds or guarantees, and a finding by the Secretary that such
waiver would not be inconsistent with the overall purpose of the
statute, as modified: Provided further, That the Secretary may
waive the requirement that activities benefit persons of low and
moderate income, except that at least 50 percent of the funds
made available under this heading must benefit primarily persons
of low and moderate income unless the Secretary otherwise makes
a finding of compelling need: Provided further, That the Secretary
shall publish in the Federal Register any waiver of any statute
or regulation that the Secretary administers pursuant to title I
of the Housing and Community Development Act of 1974 no later
than 5 days before the effective date of such waiver: Provided
further, That every waiver made by the Secretary must be reconsidered according to the three previous provisos on the two-year
anniversary of the day the Secretary published the waiver in the
Federal Register: Provided further, That prior to the obligation
of funds each State shall submit a plan to the Secretary detailing
the proposed use of all funds, including criteria for eligibility and
how the use of these funds will address long-term recovery and
restoration of infrastructure: Provided further, That each State
will report quarterly to the Committees on Appropriations on all
awards and uses of funds made available under this heading,
including specifically identifying all awards of sole-source contracts
and the rationale for making the award on a sole-source basis:
Provided further, That the Secretary shall notify the Committees
on Appropriations on any proposed allocation of any funds and
any related waivers made pursuant to these provisions under this

H. R. 2863—102
heading no later than 5 days before such waiver is made: Provided
further, That the Secretary shall establish procedures to prevent
recipients from receiving any duplication of benefits and report
quarterly to the Committees on Appropriations with regard to all
steps taken to prevent fraud and abuse of funds made available
under this heading including duplication of benefits: Provided further, That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
ADMINISTRATIVE PROVISIONS
SEC. 901. Notwithstanding provisions of the United States
Housing Act of 1937 (Public Law 93–383), in order to assist public
housing agencies located within the most heavily impacted areas
of Louisiana and Mississippi that are subject to a declaration by
the President of a major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) in connection with Hurricane Katrina or Rita, the Secretary
for calendar year 2006 may authorize a public housing agency
to combine assistance provided under sections 9(d) and (e) of the
United States Housing Act of 1937 and assistance provided under
section 8(o) of such Act, for the purpose of facilitating the prompt,
flexible and efficient use of funds provided under these sections
of the Act to assist families who were receiving housing assistance
under the Act immediately prior to Hurricane Katrina or Rita
and were displaced from their housing by the hurricanes.
SEC. 902. To the extent feasible the Secretary of Housing and
Urban Development shall preserve all housing within the area
declared a major disaster under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) resulting from
Hurricane Katrina or Rita that received project-based assistance
under section 8 or 9 of the United States Housing Act of 1937,
section 801 or 811 of the Cranston-Gonzalez National Affordable
Housing Act, the AIDS Housing Opportunity Act, or the Stewart
B. McKinney Homeless Assistance Act: Provided, That the Secretary
shall report to the Committees on Appropriations on the status
of all such housing, including costs associated with any repair
or rehabilitation, within 120 days of enactment of this Act.
THE JUDICIARY
COURTS

OF

APPEALS, DISTRICT COURTS,
SERVICES

AND

OTHER JUDICIAL

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and expenses, Courts
of Appeals, District Courts, and Other Judicial Services’’,
$18,000,000, to remain available until expended, for necessary
expenses related to the consequences of hurricanes in the Gulf
of Mexico during calendar year 2005: Provided, That notwithstanding any other provision of law such sums shall be available
for transfer to accounts within the Judiciary subject to approval
of the Judiciary operating plan: Provided further, That the amount

H. R. 2863—103
provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
INDEPENDENT AGENCY
GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND

For an additional amount for ‘‘Federal buildings fund’’,
$38,000,000, from the general fund and to remain available until
expended, for necessary expenses related to the consequences of
hurricanes in the Gulf of Mexico during calendar year 2005: Provided, That notwithstanding 40 U.S.C. 3307, the Administrator
of General Services is authorized to proceed with repairs and alterations for those facilities: Provided further, That the the amount
provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
TITLE II
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO
ADDRESS PANDEMIC INFLUENZA
CHAPTER 1
DEPARTMENT OF AGRICULTURE
OFFICE

OF THE

SECRETARY

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

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

H. R. 2863—104
COOPERATIVE STATE RESEARCH, EDUCATION,
SERVICE

AND

EXTENSION

RESEARCH AND EDUCATION ACTIVITIES

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

AND

PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES

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

AND

DRUG ADMINISTRATION

SALARIES AND EXPENSES

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

AND

MAINTENANCE, DEFENSE-WIDE

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

H. R. 2863—105
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’ for
necessary expenses related to vaccine purchases, storage, expanded
avian influenza surveillance programs, equipment, essential
information management systems, and laboratory diagnostic equipment, $120,000,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 3
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED
UNITED STATES AGENCY

TO THE

PRESIDENT

FOR INTERNATIONAL

DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

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

For an additional amount for ‘‘International Disaster and
Famine Assistance’’ for the pre-positioning and deployment of essential supplies and equipment for preparedness and response to the
avian influenza virus, $56,330,000, to remain available until
expended: Provided, That funds appropriated by this paragraph
may be obligated and expended notwithstanding section 10 of Public
Law 91–672: Provided further, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
GENERAL PROVISION—THIS CHAPTER
SEC. 2301. Within 30 days from the date of enactment of
this Act and every six months thereafter, the Administrator of
the United States Agency for International Development shall
submit to the Committees on Appropriations a report which identifies, for all projects funded from amounts appropriated by this
Act that are administered by that agency, the following: the program
objectives for each such project, the approximate timeline for
achieving each of those objectives, the amounts obligated and
expended for each project, and the current status of program

H. R. 2863—106
performance with reference to identified program objectives and
the timeline for achieving those objectives.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
OFFICE

OF THE

SECRETARY

AND

EXECUTIVE MANAGEMENT

For an additional amount for ‘‘Office of the Secretary and
Executive Management’’, $47,283,000, to remain available until
expended, for necessary expenses to train, plan, and prepare for
a potential outbreak of highly pathogenic influenza: Provided, That
these funds may be transferred to other Department of Homeland
Security appropriations accounts in accordance with section 503
of Public Law 109–90: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH

AND

WILDLIFE SERVICE

RESOURCE MANAGEMENT

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

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

For an additional amount for ‘‘Surveys, Investigations, and
Research’’ for the detection of highly pathogenic avian influenza
in wild birds, including the investigation of morbidity and mortality

H. R. 2863—107
events, targeted surveillance in live wild birds, and targeted surveillance in hunter-taken birds, $3,670,000, to remain available until
September 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
OFFICE

OF THE

SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

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

H. R. 2863—108
of Health and Human Services, as determined by the Secretary
to be appropriate, to be used for the purposes specified in this
sentence: Provided further, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 7
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES

For an additional amount for ‘‘Medical Services’’ for enhanced
avian influenza surveillance programs, planning functions and
preparations for the pandemic and to establish real-time surveillance data exchange with the Centers for Disease Control and
Prevention, $27,000,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 8
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

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

For an additional amount for ‘‘Emergencies in the Diplomatic
and Consular Service’’ for emergency evacuation support of United
States Government personnel, Peace Corps volunteers, and dependents in regions affected by the avian influenza, $15,000,000, to
remain available until expended: Provided, That funds appropriated
by this paragraph may be obligated and expended notwithstanding

H. R. 2863—109
section 15 of the State Department Basic Authorities Act of 1956:
Provided further, That notwithstanding section 402 of Public Law
109–108, upon a determination by the Secretary of State that
circumstances related to the avian influenza require additional
funding for activities under this heading, the Secretary of State
may transfer such amounts to ‘‘Emergencies in the Diplomatic
and Consular Service’’ from available appropriations for the current
fiscal year for the Department of State as may be necessary to
respond to such circumstances: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a reprogramming of funds under section 605 of Public Law 109–108 and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section, except that the
Committees on Appropriations shall be notified not less than 5
days in advance of any such reprogramming: Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
TITLE III
RESCISSIONS AND OFFSETS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
(RESCISSION)

Of the unobligated balances available under this heading,
$10,000,000 are rescinded: Provided, That funds for projects or
activities identified in the Statement of Managers that accompanies
House Report 109–255, pages 84 through 87, shall not be reduced
due to such rescission.
RURAL UTILITIES SERVICE
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
(RESCISSION)

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

AND

NUTRITION SERVICE

FOOD STAMP PROGRAM
(RESCISSION)

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

H. R. 2863—110
FOREIGN AGRICULTURAL SERVICE
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS
(RESCISSION)

Of the unobligated balances available under this heading,
$35,000,000 are rescinded.
CHAPTER 2
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
DISPOSAL

OF

DEPARTMENT

OF

DEFENSE REAL PROPERTY

(RESCISSION)

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

OF

DEPARTMENT

OF

DEFENSE REAL PROPERTY

(RESCISSION)

Of the unobligated balances available under this heading,
$30,000,000 are rescinded.
OVERSEAS MILITARY FACILITY INVESTMENT RECOVERY
(RESCISSION)

Of the unobligated balances available under this heading,
$5,000,000 are rescinded.
CHAPTER 3
EXPORT-IMPORT BANK OF THE UNITED STATES
SUBSIDY APPROPRIATION
(RESCISSION)

Of the unobligated balances available under this heading in
Public Law 109–102 and Public Law 108–447, $25,000,000 are
rescinded.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
(RESCISSION OF FUNDS)

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

H. R. 2863—111
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
(RESCISSION OF FUNDS)

Of the funds appropriated under this heading in Public Law
109–62, $23,409,300,000 are rescinded.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
BUREAU

OF

LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES
(RESCISSION)

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

AND

WILDLIFE SERVICE

LANDOWNER INCENTIVE PROGRAM
(RESCISSION)

Of the unobligated balances available under this heading,
$2,000,000 are rescinded.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(RESCISSION)

Of the unobligated balances available under this heading,
$1,000,000 are rescinded.
CHAPTER 6
DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE

OF

STANDARDS

AND

TECHNOLOGY

INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)

Of the unobligated balances available under this heading,
$7,000,000 are rescinded.
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS
(RESCISSION)

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

H. R. 2863—112
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
(RESCISSION)

Of the unobligated balances available under this heading,
$20,000,000 are rescinded.
CHAPTER 7
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
(RESCISSION)

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

Of the unobligated balances of amounts made available under
this heading in Public Law 109–115, $8,300,000 are rescinded:
Provided, That section 135 of title I of division A of Public Law
109–115 is repealed.
CHAPTER 8
GOVERNMENT-WIDE RESCISSIONS
SEC. 3801. (a) ACROSS-THE-BOARD RESCISSIONS.—There is
hereby rescinded an amount equal to 1 percent of—
(1) the budget authority provided (or obligation limit
imposed) for fiscal year 2006 for any discretionary account
of this Act and in any other fiscal year 2006 appropriation
Act;
(2) the budget authority provided in any advance appropriation for fiscal year 2006 for any discretionary account in any
prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2006 for
any program subject to limitation contained in any fiscal year
2006 appropriation Act.
(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in such subsection; and

H. R. 2863—113
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
(c) EXCEPTIONS.—This section shall not apply—
(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006; or
(2) to discretionary authority appropriated or otherwise
made available to the Department of Veterans Affairs.
(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management
and Budget shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a report specifying
the account and amount of each rescission made pursuant to this
section.

TITLE IV—HURRICANE EDUCATION
RECOVERY ACT
Subtitle A—Elementary and Secondary
Education Hurricane Relief
SEC. 101. FINDINGS; DEFINITIONS.

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

H. R. 2863—114
(b) DEFINITIONS.—Unless otherwise specified in this subtitle,
the terms used in this subtitle have the meanings given the terms
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
SEC. 102. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

(a) PURPOSE.—It is the purpose of this section—
(1) to provide immediate services or assistance to local
educational agencies and non-public schools in Louisiana, Mississippi, Alabama, and Texas that serve an area in which
a major disaster has been declared in accordance with section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina
or Hurricane Rita; and
(2) to assist school administrators and personnel of such
agencies or non-public schools with expenses related to the
restart of operations in, the re-opening of, and the re-enrollment
of students in, elementary schools and secondary schools in
such areas.
(b) PAYMENTS AUTHORIZED.—From amounts appropriated to
carry out this subtitle, the Secretary of Education is authorized
to make payments, on such basis as the Secretary determines
appropriate, taking into consideration the number of students who
were enrolled, during the 2004–2005 school year, in elementary
schools and secondary schools that were closed on September 12,
2005, as a result of Hurricane Katrina or on October 7, 2005,
as a result of Hurricane Rita, to State educational agencies in
Louisiana, Mississippi, Alabama, and Texas to enable such agencies
to provide services or assistance to local educational agencies or
non-public schools serving an area in which a major disaster has
been declared in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), related to Hurricane Katrina or Hurricane Rita.
(c) ELIGIBILITY, CONSIDERATION, AND EQUITY.—
(1) ELIGIBILITY AND CONSIDERATION.—From the payment
provided by the Secretary of Education under subsection (b),
the State educational agency shall provide services and assistance to local educational agencies and non-public schools, consistent with the provisions of this section. In determining the
amount to be provided for services or assistance under this
section, the State educational agency shall consider the following:
(A) The number of school-aged children served by the
local educational agency or non-public school in the academic year preceding the academic year for which the
services or assistance are provided.
(B) The severity of the impact of Hurricane Katrina
or Hurricane Rita on the local educational agency or nonpublic school and the extent of the needs in each local
educational agency or non-public school in Louisiana, Mississippi, Alabama, and Texas that is in an area in which
a major disaster has been declared in accordance with
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), related to
Hurricane Katrina or Hurricane Rita.
(2) EQUITY.—Educational services and assistance provided
for eligible non-public school students under paragraph (1) shall

H. R. 2863—115
be equitable in comparison to the educational services and
other benefits provided for public school students under this
section, and shall be provided in a timely manner.
(d) APPLICATIONS.—Each local educational agency or non-public
school desiring services or assistance under this section shall submit
an application to the State educational agency at such time, in
such manner, and accompanied by such information as the State
educational agency may reasonably require to ensure expedited
and timely provision of services or assistance to the local educational
agency or non-public school.
(e) USES OF FUNDS.—
(1) IN GENERAL.—A local educational agency or non-public
school receiving services or assistance from the State educational agency under this section shall use such services or
assistance for—
(A) recovery of student and personnel data, and other
electronic information;
(B) replacement of school district information systems,
including hardware and software;
(C) financial operations;
(D) reasonable transportation costs;
(E) rental of mobile educational units and leasing of
neutral sites or spaces;
(F) initial replacement of instructional materials and
equipment, including textbooks;
(G) redeveloping instructional plans, including curriculum development;
(H) initiating and maintaining education and support
services; and
(I) such other activities related to the purpose of this
section that are approved by the Secretary.
(2) USE WITH OTHER AVAILABLE FUNDS.—A local educational
agency or non-public school receiving services or assistance
under this section may use such services or assistance in
coordination with other Federal, State, or local funds available
for the activities described in paragraph (1).
(3) SPECIAL RULES.—
(A) PROHIBITION.—Services or assistance provided
under this section shall not be used for construction or
major renovation of schools.
(B) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES
OR ASSISTANCE.—Services or assistance provided under this
section, including equipment and materials, shall be secular, neutral, and nonideological.
(f) SUPPLEMENT NOT SUPPLANT.—
(1) IN GENERAL.—Except as provided in paragraph (2), services or assistance made available under this section shall be
used to supplement, not supplant, any funds made available
through the Federal Emergency Management Agency or
through a State.
(2) EXCEPTION.—Paragraph (1) shall not prohibit the provision of Federal assistance under this section to an eligible
State educational agency, local educational agency, or nonpublic school that is or may be entitled to receive, from another
source, benefits for the same purposes as under this section
if—

H. R. 2863—116
(A) such State educational agency, local educational
agency, or school has not received such other benefits by
the time of application for Federal assistance under this
section; and
(B) such State educational agency, local educational
agency, or school agrees to repay all duplicative Federal
assistance received to carry out the purposes of this section.
(g) DEFINITION OF NON-PUBLIC SCHOOL.—The term ‘‘non-public
school’’ means a non-public elementary school or secondary school
that—
(1) is accredited or licensed or otherwise operates in accordance with State law; and
(2) was in existence prior to August 22, 2005.
(h) ASSISTANCE TO NON-PUBLIC SCHOOLS.—
(1) FUNDS AVAILABILITY.—From the payment provided by
the Secretary of Education under subsection (b) to a State
educational agency, the State educational agency shall reserve
an amount of funds, to be made available to non-public schools
in the State, that is not less than an amount that bears the
same relation to the payment as the number of non-public
elementary schools and secondary schools in the State bears
to the total number of non-public and public elementary schools
and secondary schools in the State. The number of such schools
shall be determined by the National Center for Education
Statistics Common Core of Data for the 2003–2004 school year.
Such funds shall be used for the provision of services or assistance at non-public schools, except as provided in paragraph
(2).
(2) SPECIAL RULE.—If funds made available under paragraph (1) remain unobligated 120 days after the date of enactment of this Act, such funds may be used to provide services
or assistance under this section to local educational agencies
or non-public schools.
(3) PUBLIC CONTROL OF FUNDS.—The control of funds for
the services and assistance provided to a non-public school
under paragraph (1), and title to materials, equipment, and
property purchased with such funds, shall be in a public agency,
and a public agency shall administer such funds, materials,
equipment, and property and shall provide such services (or
may contract for the provision of such services with a public
or private entity).
SEC. 103. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES
SERVING MAJOR DISASTER AREAS.

In the case of a local educational agency that serves an area
in which the President has declared that a major disaster exists
in accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170), related
to Hurricane Katrina or Hurricane Rita, the amount made available
for such local educational agency under each of sections 1124,
1124A, 1125, and 1125A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for
fiscal year 2006 shall be not less than the amount made available
for such local educational agency under each of such sections for
fiscal year 2005.
SEC. 104. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.

(a) TEACHER AND PARAPROFESSIONAL RECIPROCITY.—

H. R. 2863—117
(1) TEACHERS.—
(A) AFFECTED TEACHER.—In this subsection, the term
‘‘affected teacher’’ means a teacher who is displaced due
to Hurricane Katrina or Hurricane Rita and relocates to
a State that is different from the State in which such
teacher resided on August 22, 2005.
(B) RECIPROCITY.—
(i) TEACHERS.—A local educational agency may
consider an affected teacher hired by such agency who
is not highly qualified in a core academic subject in
the State in which such agency is located to be highly
qualified in the same core academic subject or area,
for purposes of section 1119 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6319),
for the 2005–2006 school year, if such teacher was
highly qualified, consistent with section 9101(23) of
the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(23)), on or before August 22, 2005,
in the State in which such teacher resided on August
22, 2005.
(ii) SPECIAL EDUCATION TEACHERS.—A local educational agency may consider an affected special education teacher hired by such agency who is not highly
qualified in the State in which such agency is located
to be highly qualified, for purposes of section 612(a)(14)
of the Individuals with Disabilities Education Act (20
U.S.C. 1412(a)(14)), for the 2005–2006 school year, if
such teacher was highly qualified, consistent with section 602(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(10)), on or before August
22, 2005, in the State in which such teacher resided
on August 22, 2005.
(2) PARAPROFESSIONAL.—
(A) AFFECTED PARAPROFESSIONAL.—In this subsection,
the term ‘‘affected paraprofessional’’ means a paraprofessional who is displaced due to Hurricane Katrina or Hurricane Rita and relocates to a State that is different from
the State in which such paraprofessional resided on August
22, 2005.
(B) RECIPROCITY.—A local educational agency may consider an affected paraprofessional hired by such agency
who does not satisfy the requirements of section 1119(c)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6319(c)) in the State in which such agency
is located to satisfy such requirements, for purposes of
such section, for the 2005–2006 school year, if such paraprofessional satisfied such requirements on or before
August 22, 2005, in the State in which such paraprofessional resided on August 22, 2005.
(b) DELAY.—The Secretary of Education may delay, for a period
not to exceed 1 year, applicability of the requirements of paragraphs
(2) and (3) of section 1119(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6319(a)(2) and (3)) and section
612(a)(14)(C) of the Individuals with Disabilities Education Act
(20 U.S.C. 1412(a)(14)(C)) with respect to the States of Alabama,
Louisiana, Texas, and Mississippi (and local educational agencies
within the jurisdiction of such States), if any such State or local

H. R. 2863—118
educational agency demonstrates that a failure to comply with
such requirements is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of local educational agencies
within the State.
SEC. 105. REGULATORY AND FINANCIAL RELIEF.

(a) WAIVER AUTHORITY.—Subject to subsections (b) and (c),
in providing any grant or other assistance, directly or indirectly,
to an entity in an affected State in which a major disaster has
been declared in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), related to Hurricane Katrina or Hurricane Rita, the Secretary
of Education may, as applicable, waive or modify, in order to ease
fiscal burdens, any requirement relating to the following:
(1) Maintenance of effort.
(2) The use of Federal funds to supplement, not supplant,
non-Federal funds.
(3) Any non-Federal share or capital contribution required
to match Federal funds provided under programs administered
by the Secretary of Education.
(b) DURATION.—A waiver under this section shall be for the
fiscal year 2006.
(c) LIMITATIONS.—
(1) RELATION TO IDEA.—Nothing in this section shall be
construed to waive or modify any provision of the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) MAINTENANCE OF EFFORT.—If the Secretary grants a
waiver or modification under this section waiving or modifying
a requirement relating to maintenance of effort for fiscal year
2006, the level of effort required for fiscal year 2007 shall
not be reduced because of the waiver or modification.
SEC. 106. ASSISTANCE FOR HOMELESS YOUTH.

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

H. R. 2863—119
SEC. 107. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS.

(a) TEMPORARY EMERGENCY IMPACT AID AUTHORIZED.—
(1) AID TO STATE EDUCATIONAL AGENCIES.—From amounts
appropriated to carry out this subtitle, the Secretary of Education shall provide emergency impact aid to State educational
agencies to enable the State educational agencies to make
emergency impact aid payments to eligible local educational
agencies and eligible BIA-funded schools to enable—
(A) such eligible local educational agencies and schools
to provide for the instruction of students served by such
agencies and schools; and
(B) such eligible local educational agencies to make
immediate impact aid payments to accounts established
on behalf of displaced students (referred to in this section
as ‘‘accounts’’) who are attending eligible non-public schools
located in the areas served by the eligible local educational
agencies.
(2) AID TO LOCAL EDUCATIONAL AGENCIES AND BIA-FUNDED
SCHOOLS.—A State educational agency shall make emergency
impact aid payments to eligible local educational agencies and
eligible BIA-funded schools in accordance with subsection (d).
(3) STATE EDUCATIONAL AGENCIES IN CERTAIN STATES.—
In the case of the States of Louisiana and Mississippi, the
State educational agency shall carry out the activities of eligible
local educational agencies that are unable to carry out this
section, including eligible local educational agencies in such
States for which the State exercises the authorities normally
exercised by such local educational agencies.
(4) NOTICE OF FUNDS AVAILABILITY.—Not later than 14
calendar days after the date of enactment of this Act, the
Secretary of Education shall publish in the Federal Register
a notice of the availability of funds under this section.
(b) DEFINITIONS.—In this section:
(1) DISPLACED STUDENT.—The term ‘‘displaced student’’
means a student who enrolled in an elementary school or
secondary school (other than the school that the student was
enrolled in, or was eligible to be enrolled in, on August 22,
2005) because such student resides or resided on August 22,
2005, in an area for which a major disaster has been declared
in accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170), related
to Hurricane Katrina or Hurricane Rita.
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—The term
‘‘eligible local educational agency’’ means a local educational
agency that serves—
(A) an elementary school or secondary school (including
a charter school) in which there is enrolled a displaced
student; or
(B) an area in which there is located an eligible nonpublic school.
(3) ELIGIBLE NON-PUBLIC SCHOOL.—The term ‘‘eligible nonpublic school’’ means a non-public elementary school or secondary school that—
(A) is accredited or licensed or otherwise operates in
accordance with State law;
(B) was in existence on August 22, 2005; and

H. R. 2863—120
(C) serves a displaced student on behalf of whom an
application for an account has been made pursuant to
subsection (c)(2)(A)(ii).
(4) ELIGIBLE BIA-FUNDED SCHOOL.—In this section, the term
‘‘eligible BIA-funded school’’ means a school funded by the
Bureau of Indian Affairs in which there is enrolled a displaced
student.
(c) APPLICATION.—
(1) STATE EDUCATIONAL AGENCY.—A State educational
agency that desires to receive emergency impact aid under
this section shall submit an application to the Secretary of
Education, not later than 7 calendar days after the date by
which an application under paragraph (2) must be submitted,
in such manner, and accompanied by such information as the
Secretary of Education may reasonably require, including—
(A) information on the total displaced student child
count of the State provided by eligible local educational
agencies in the State and eligible BIA-funded schools in
the State under paragraph (2);
(B) a description of the process for the parent or
guardian of a displaced student enrolled in a non-public
school to indicate to the eligible local educational agency
serving the area in which such school is located that the
student is enrolled in such school;
(C) a description of the procedure to be used by an
eligible local educational agency in such State to provide
payments to accounts;
(D) a description of the process to be used by an eligible
local educational agency in such State to obtain—
(i) attestations of attendance of eligible displaced
students from eligible non-public schools, in order for
the local educational agency to provide payments to
accounts on behalf of eligible displaced students; and
(ii) attestations from eligible non-public schools
that accounts are used only for the purposes described
in subsection (e)(1);
(E) the criteria, including family income, used to determine the eligibility for and the amount of assistance under
this section provided on behalf of a displaced student
attending an eligible non-public school; and
(F) the student count for displaced students attending
eligible non-public schools.
(2) LOCAL EDUCATIONAL AGENCIES AND BIA-FUNDED
SCHOOLS.—An eligible local educational agency or eligible BIAfunded school that desires an emergency impact aid payment
under this section shall submit an application to the State
educational agency, not later than 14 calendar days after the
date of the publication of the notice described in subsection
(a)(4), in such manner, and accompanied by such information
as the State educational agency may reasonably require,
including documentation submitted quarterly for the 2005–2006
school year that indicates the following:
(A) In the case of an eligible local educational agency—
(i) the number of displaced students enrolled in
the elementary schools and secondary schools
(including charter schools and including the number

H. R. 2863—121
of displaced students who are children with disabilities)
served by such agency for such quarter;
(ii) the number of displaced students for whom
the eligible local educational agency expects to provide
payments to accounts under subsection (d)(3) (including
the number of displaced students who are children
with disabilities) for such quarter who meet the following criteria—
(I) the displaced student enrolled in an eligible
non-public school prior to the date of enactment
of this Act;
(II) the parent or guardian of the displaced
student chose to enroll the student in the eligible
non-public school in which the student is enrolled;
and
(III) the parent or guardian of the displaced
student submitted, in a timely manner that allows
the local educational agency to meet the documentation requirements under this paragraph, an
application requesting that the agency make a payment to an account on behalf of the student; and
(iii) an assurance that the local educational agency
will make payments to accounts within 14 calendar
days of receipt of funds provided under this section.
(B) In the case of an eligible BIA-funded school, the
number of displaced students, including the number of
displaced students who are children with disabilities,
enrolled in such school for such quarter.
(3) DETERMINATION OF NUMBER OF DISPLACED STUDENTS.—
In determining the number of displaced students for a quarter
under paragraph (2), an eligible local educational agency or
eligible BIA-funded school shall include the number of displaced
students served—
(A) in the case of a determination for the first quarterly
installment, during the quarter prior to the date of enactment of this Act; and
(B) in the case of a determination for each subsequent
quarterly installment, during the quarter immediately preceding the quarter for which the installment is provided.
(d) AMOUNT OF EMERGENCY IMPACT AID.—
(1) AID TO STATE EDUCATIONAL AGENCIES.—
(A) IN GENERAL.—The amount of emergency impact
aid received by a State educational agency for the 2005–
2006 school year shall equal the sum of—
(i) the product of the number of displaced students
(who are not children with disabilities), as determined
by the eligible local educational agencies and eligible
BIA-funded schools in the State under subsection (c)(2),
times $6,000; and
(ii) the product of the number of displaced students
who are children with disabilities, as determined by
the eligible local educational agencies and eligible BIAfunded schools in the State under subsection (c)(2),
times $7,500.
(B) INSUFFICIENT FUNDS.—If the amount available
under this section to provide emergency impact aid under
this subsection is insufficient to pay the full amount that

H. R. 2863—122
a State educational agency is eligible to receive under
this section, the Secretary of Education shall ratably reduce
the amount of such emergency impact aid.
(C) RETENTION OF STATE SHARE.—In the case of a
State educational agency that has made a payment prior
to the date of enactment of this Act to a local educational
agency for the purpose of covering additional costs incurred
as a result of enrolling a displaced student in a school
served by the local educational agency, the State educational agency may retain a portion of the payment
described in paragraph (2)(A)(ii) that bears the same relation to the total amount of the payment under such paragraph as the sum of such prior payments bears to the
total cost of attendance for all students in that local educational agency for whom the State educational agency
made such prior payments, except that a local educational
agency shall not adjust the level of funding provided to
accounts under this section based on the State’s retention
of such amount.
(2) AID TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES AND
ELIGIBLE BIA-FUNDED SCHOOLS.—
(A) QUARTERLY INSTALLMENTS.—
(i) IN GENERAL.—A State educational agency shall
provide emergency impact aid payments under this
section on a quarterly basis for the 2005–2006 school
year by such dates as determined by the Secretary
of Education. Such quarterly installment payments
shall be based on the number of displaced students
reported under subsection (c)(2) and in the amount
determined under clause (ii).
(ii) PAYMENT AMOUNT.—Each quarterly installment payment under clause (i) shall equal 25 percent
of the sum of—
(I) the number of displaced students (who are
not children with disabilities) reported by the
eligible local educational agency or eligible BIAfunded school for such quarter (as determined
under subsection (c)(2)) times $6,000; and
(II) the number of displaced students who are
children with disabilities reported by the eligible
local educational agency or eligible BIA-funded
school for such quarter (as determined under subsection (c)(2)) times $7,500.
(iii) TIMELINE.—The Secretary of Education shall
establish a timeline for quarterly reporting on the
number of displaced students in order to make the
appropriate disbursements in a timely manner.
(iv) INSUFFICIENT FUNDS.—If, for any quarter, the
amount available under this section to make payments
under this subsection is insufficient to pay the full
amount that an eligible local educational agency or
eligible BIA-funded school is eligible to receive under
this section, the State educational agency shall ratably
reduce the amount of such payments.
(B) MAXIMUM PAYMENT TO ACCOUNT.—In providing
quarterly payments to an account for the 2005–2006 school
year on behalf of a displaced student for each quarter

H. R. 2863—123
that such student is enrolled in a non-public school in
the area served by the agency under paragraph (3), an
eligible local educational agency may provide not more
than 4 quarterly payments to such account (each of which
shall be paid not later than 14 calendar days after the
date of receipt of each quarterly installment payment
received under subparagraph (A)), and the aggregate
amount of such payments shall not exceed the lesser of—
(i)(I) in the case of a displaced student who is
not a child with a disability, $6,000; or
(II) in the case of a displaced student who is a
child with a disability, $7,500; or
(ii) the cost of tuition and fees (and transportation
expenses, if any) at the non-public school for the 2005–
2006 school year.
(C) LIMITATION.—A non-public school accessing funds
on behalf of a displaced student under this section must
waive tuition, or reimburse tuition paid, in an amount
equal to the amount accessed.
(3) DISPLACED STUDENTS.—Subject to the succeeding sentence, an eligible local educational agency or eligible BIA-funded
school receiving emergency impact aid payments under this
section shall use the payments to provide services and assistance to elementary schools and secondary schools (including
charter schools) served by such agency, or to such BIA-funded
school, that enrolled a displaced student. An eligible local educational agency that receives emergency impact aid payments
under this section and that serves an area in which there
is located an eligible non-public school shall, at the request
of the parent or guardian of a displaced student who meets
the criteria described in subsection (c)(2)(A)(ii) and who enrolled
in a non-public school in an area served by the agency, use
such emergency impact aid payment to provide payment on
a quarterly basis (but not to exceed the total amount specified
in subsection (d)(2)(B) for the 2005–2006 school year) to an
account on behalf of such displaced student.
(e) USE OF FUNDS.—
(1) AUTHORIZED USES.—The authorized uses of funds are
the following:
(A) Paying the compensation of personnel, including
teacher aides, in schools enrolling displaced students.
(B) Identifying and acquiring curricular material,
including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or
spaces.
(C) Basic instructional services for such students,
including tutoring, mentoring, or academic counseling.
(D) Reasonable transportation costs.
(E) Health and counseling services.
(F) Education and support services.
(2) VERIFICATION OF ENROLLMENT FOR NON-PUBLIC
SCHOOLS.—Before providing a quarterly payment to an account,
the eligible local educational agency shall verify with the parent
or guardian of a displaced student that such displaced student
is, or was, enrolled in the non-public school for such quarter.
(3) PROHIBITION.—Funds received under this section shall
not be used for construction or major renovation of schools.

H. R. 2863—124
(4) PROVISION

OF SPECIAL EDUCATION AND RELATED SERV-

ICES.—

(A) IN GENERAL.—In the case of a displaced student
who is a child with a disability, any payment made on
behalf of such student to an eligible local educational
agency or any payment available in an account for such
student, shall be used to pay for special education and
related services consistent with the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(B) SPECIAL RULE.—
(i) RETENTION.—Notwithstanding any other provision of this section, if an eligible local educational
agency provides services to a displaced student
attending an eligible non-public school under section
612(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)), the eligible local
educational agency may retain a portion of the assistance received under this section on behalf of such
student to pay for such services.
(ii) DETERMINATION OF PORTION.—
(I) GUIDELINES.—Each State shall issue guidelines, not later than 14 calendar days after the
date of the publication of the notice described in
subsection (a)(4), that specify the portion of the
assistance that an eligible local educational agency
in the State may retain under this subparagraph.
Each State shall apply such guidelines in a consistent manner throughout the State.
(II) DETERMINATION OF PORTION.—The portion
specified in the guidelines shall be based on customary costs of providing services under such section 612(a)(10) for the local educational agency.
(C) DEFINITIONS.—In this paragraph:
(i) SPECIAL EDUCATION; RELATED SERVICES.—The
terms ‘‘special education’’ and ‘‘related services’’ have
the meaning given such terms in section 602 of the
Individuals with Disabilities Education Act (20 U.S.C.
1401).
(ii) INDIVIDUALIZED EDUCATION PROGRAM.—The
term ‘‘individualized education program’’ has the
meaning given the term in section 614(d)(2) of the
Individuals with Disabilities Education Act (20 U.S.C.
1414(d)(2)).
(f) RETURN OF AID.—
(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR ELIGIBLE BIAFUNDED SCHOOL.—An eligible local educational agency or
eligible BIA-funded school that receives an emergency impact
aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency or school under this section that the eligible
local educational agency or school has not obligated by the
end of the 2005–2006 school year in accordance with this section.
(2) STATE EDUCATIONAL AGENCY.—A State educational
agency that receives emergency impact aid under this section,
shall return to the Secretary of Education—

H. R. 2863—125
(A) any aid provided to the agency under this section
that the agency has not obligated by the end of the 2005–
2006 school year in accordance with this section; and
(B) any payment funds returned to the State educational agency under paragraph (1).
(g) LIMITATION ON USE OF AID AND PAYMENTS.—Aid and payments provided under this section shall only be used for expenses
incurred during the 2005–2006 school year.
(h) ADMINISTRATIVE EXPENSES.—A State educational agency
that receives emergency impact aid under this section may use
not more than 1 percent of such aid for administrative expenses.
An eligible local educational agency or eligible BIA-funded school
that receives emergency impact aid payments under this section
may use not more than 2 percent of such payments for administrative expenses.
(i) SPECIAL FUNDING RULE.—In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703) for an eligible local educational agency that
receives an emergency impact aid payment under this section, the
Secretary of Education shall not count displaced students served
by such agency for whom an emergency impact aid payment is
received under this section, nor shall such students be counted
for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C.
7703(b)(3)(B)(i)).
(j) NOTICE.—Each State receiving emergency impact aid under
this section shall provide, to the parent or guardian of each displaced student for whom a payment is made under this section
to an account who resides in such State, notification that—
(1) such parent or guardian has the option of enrolling
such student in a public school or a non-public school; and
(2) the temporary emergency impact aid for displaced students provided under this section is temporary and is only
available for the 2005–2006 school year.
(k) BYPASS.—For a State in which State law prohibits the
State from using Federal funds to directly provide services on
behalf of students attending non-public schools and provides that
another entity shall provide such services, the Secretary of Education shall make such arrangements with that entity.
(l) REDIRECTION OF FUNDS.—
(1) IN GENERAL.—If a State educational agency or eligible
local educational agency is unable to carry out this section,
the Secretary of Education shall make such arrangements with
the State as the Secretary determines appropriate to carry
out this section on behalf of displaced students attending an
eligible non-public school in the area served by such agency.
(2) SPECIAL RULE.—If an eligible local educational agency
does not make a payment to an account within 14 calendar
days of receipt of funds provided under this section, then—
(A) the eligible local educational agency shall return
the funds received that quarter for such account to the
State educational agency; and
(B) the State educational agency shall ensure that
the proper payment to such account for such quarter is
made not later than 14 calendar days after the date of
the receipt of funds under subparagraph (A), before any

H. R. 2863—126
further funds for such account are distributed to the eligible
local educational agency.
(m) NONDISCRIMINATION.—
(1) PROHIBITION.—
(A) IN GENERAL.—A school that enrolls a displaced
student under this section shall not discriminate against
students on the basis of race, color, national origin, religion,
disability, or sex.
(B) APPLICABILITY.—The prohibition of religious
discrimination in subparagraph (A) shall not apply with
regard to enrollment for a non-public school that is controlled by a religious organization or organized and operated on the basis of religious tenets, except that the prohibition of religious discrimination shall apply with respect
to the enrollment of displaced students assisted under this
section.
(2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.—
(A) IN GENERAL.—To the extent consistent with title
IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.), the prohibition of sex discrimination in paragraph
(1)(A) shall not apply to a non-public school that is controlled by a religious organization or organized and operated on the basis of religious tenets if the application
of paragraph (1)(A) would not be consistent with the religious tenets of such organization.
(B) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.—
Notwithstanding paragraph (1)(A) and to the extent consistent with title IX of the Education Amendments of 1972,
a parent or guardian may choose and a non-public school
may offer a single sex school, class, or activity.
(3) GENERAL PROVISION.—Nothing in this subtitle may be
construed to alter or modify the provisions of the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
title IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.).
(4) OPT-OUT.—A parent or guardian of a displaced student
on behalf of whom a payment to an account is made under
this section shall have the option to have such parent or guardian’s displaced child opt out of religious worship or religious
classes offered by the non-public school in which such student
is enrolled and on behalf of whom a payment to an account
is made under this section.
(5) RULE OF CONSTRUCTION.—The amount of any payment
(or other form of support provided on behalf of a displaced
student) under this section shall not be treated as income
of a parent or guardian of the student for purposes of Federal
tax laws or for determining eligibility for any other Federal
program.
(m) TREATMENT OF STATE AID.—A State shall not take into
consideration emergency impact aid payments received under this
section by a local educational agency in the State in determining
the eligibility of such local educational agency for State aid, or
the amount of State aid, with respect to free public education
of children.

H. R. 2863—127
SEC. 108. SEVERABILITY.

If any provision of this subtitle, an amendment made by this
subtitle, or the application of such provision or amendment to
any person or circumstance is held to be unconstitutional, the
remainder of this subtitle, the amendments made by this subtitle,
and the application of the provisions of such to any person or
circumstance shall not be affected thereby.
SEC. 109. AUTHORIZATION OF FUNDS.

There are authorized to be appropriated such sums as may
be necessary to carry out sections 102, 106, and 107.
SEC. 110. SUNSET PROVISION.

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

Subtitle B—Higher Education Hurricane
Relief
SEC. 201. SHORT TITLE.

This subtitle may be cited as the ‘‘Higher Education Hurricane
Relief Act of 2005’’.
SEC. 202. GENERAL WAIVERS AND MODIFICATIONS.

(a) AUTHORITY.—Notwithstanding any other provision of law,
unless enacted with specific reference to this section, the Secretary
is authorized to waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.), or any student or institutional eligibility provisions in
the Higher Education Act of 1965, as the Secretary deems necessary
in connection with a Gulf hurricane disaster to ensure that—
(1) administrative requirements placed on affected students, affected individuals, affected institutions, lenders, guaranty agencies, and grantees are minimized to the extent possible without impairing the integrity of the higher education
programs under the Higher Education Act of 1965, to ease
the burden on such participants; or
(2) institutions of higher education, lenders, guaranty agencies, and other entities participating in the student financial
assistance programs under title IV of the Higher Education
Act of 1965, that serve an area affected by a Gulf hurricane
disaster, may be granted temporary relief from requirements
that are rendered infeasible or unreasonable due to the effects
of a Gulf hurricane disaster, including due diligence requirements and reporting deadlines.
(b) AUTHORITY TO EXTEND OR WAIVE REPORTING REQUIREMENTS
UNDER SECTION 131(a).—The Secretary is authorized to extend
reporting deadlines or waive reporting requirements under section
131(a) of the Higher Education Act of 1965 (20 U.S.C. 1015(a))
for an affected institution.
(c) CONSTRUCTION.—Nothing in this subtitle shall be construed—
(1) to allow the Secretary to waive or modify any applicable
statutory or regulatory requirements prohibiting discrimination

H. R. 2863—128
in a program or activity, or in employment or contracting,
under existing law (in existence on the date of the Secretary’s
action); or
(2) to authorize any refunding of any repayment of a loan.
SEC. 203. MODIFICATION OF PART A OF TITLE II GRANTS AUTHORIZED.

The Secretary is authorized to approve modifications to the
requirements for Teacher Quality Enhancement Grants for States
and Partnerships under part A of title II of the Higher Education
Act of 1965 (20 U.S.C. 1021 et seq.), at the request of the grantee—
(1) to assist States and local educational agencies to recruit
and retain highly qualified teachers in a school district located
in an area affected by a Gulf hurricane disaster; and
(2) to assist institutions of higher education, located in
such area to recruit and retain faculty necessary to prepare
teachers and provide professional development.
SEC. 204. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR B OF
TITLE III, AND OTHER GRANTS.

The Secretary is authorized to modify the required and allowable uses of funds under chapters 1 and 2 of subpart 2 of part
A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070a et seq., 1070a–21 et seq.), under part A or B of title III
(20 U.S.C. 1057 et seq., 1060 et seq.), and under any other competitive grant program, at the request of an affected institution or
other grantee, with respect to affected institutions and other
grantees located in an area affected by a Gulf hurricane disaster.
The Secretary may not, under the authority of this section,
authorize any new construction, renovation, or improvement of
classrooms, libraries, laboratories, or other instructional facilities
that is not authorized under the institution’s grant award, as in
effect on the date of enactment of this Act, under part A or B
of title III of such Act.
SEC. 205. PROFESSIONAL JUDGMENT.

A financial aid administrator shall be considered to be making
an adjustment in accordance with section 479A(a) of the Higher
Education Act of 1965 (20 U.S.C. 1087tt(a)) if the financial aid
administrator makes the adjustment with respect to the calculation
of the expected student or parent contribution (or both) for an
affected student, or for a student or a parent who resides or resided
on August 29, 2005, or was employed on August 29, 2005, in
an area affected by a Gulf hurricane disaster. The financial aid
administrator shall adequately document the need for the adjustment.
SEC. 206. EXPANDING INFORMATION DISSEMINATION REGARDING
ELIGIBILITY FOR PELL GRANTS.

(a) IN GENERAL.—The Secretary shall make special efforts,
in conjunction with State efforts, to notify affected students and
if applicable, their parents, who qualify for means-tested Federal
benefit programs, of their potential eligibility for a maximum Pell
Grant, and shall disseminate such informational materials as the
Secretary deems appropriate.
(b) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—For the purpose of this section, the term ‘‘means-tested Federal benefit program’’ means a mandatory spending program of the Federal Government, other than a program under the Higher Education Act of

H. R. 2863—129
1965, in which eligibility for the program’s benefits, or the amount
of such benefits, or both, are determined on the basis of income
or resources of the individual or family seeking the benefit, and
may include such programs as the supplemental security income
program under title XVI of the Social Security Act, the food stamp
program under the Food Stamp Act of 1977, the free and reduced
price school lunch program established under the Richard B. Russell
National School Lunch Act, the temporary assistance to needy
families program established under part A of title IV of the Social
Security Act, and the women, infants, and children program established under section 17 of the Child Nutrition Act of 1966, and
other programs identified by the Secretary.
SEC. 207. PROCEDURES.

(a) REGULATORY REQUIREMENTS INAPPLICABLE.—Sections 482(c)
and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c),
1098a), section 437 of the General Education Provisions Act (20
U.S.C. 1232), and section 553 of title 5, United States Code, shall
not apply to this subtitle.
(b) NOTICE OF WAIVERS, MODIFICATIONS, OR EXTENSIONS.—Notwithstanding section 437 of the General Education Provisions Act
(20 U.S.C. 1232) and section 553 of title 5, United States Code,
the Secretary shall make publicly available the waivers, modifications, or extensions granted under this subtitle.
(c) CASE-BY-CASE BASIS.—The Secretary is not required to exercise any waiver or modification authority under this subtitle on
a case-by-case basis.
SEC. 208. TERMINATION OF AUTHORITY.

The authority of the Secretary to issue waivers or modifications
under this subtitle shall expire at the conclusion of the 2005–
2006 academic year.
SEC. 209. DEFINITIONS.

For the purposes of this subtitle, the following terms have
the following meanings:
(1) AFFECTED INDIVIDUAL.—The term ‘‘affected individual’’
means an individual who has applied for or received student
financial assistance under title IV of the Higher Education
Act of 1965, and—
(A) who is an affected student; or
(B) whose primary place of employment or residency
was, as of August 29, 2005, in an area affected by a
Gulf hurricane disaster.
(2) AFFECTED INSTITUTION.—
(A) IN GENERAL.—The term ‘‘affected institution’’
means an institution of higher education that—
(i) is located in an area affected by a Gulf hurricane
disaster; and
(ii) has temporarily ceased operations as a consequence of a Gulf hurricane disaster, as determined
by the Secretary.
(B) LENGTH OF TIME.—In determining eligibility for
assistance under this subtitle, the Secretary, using consistent, objective criteria, shall determine the time period
for which an institution of higher education is an affected
institution.

H. R. 2863—130
(C) SPECIAL RULE.—An organizational unit of an
affected institution that is not impacted by a Gulf hurricane
disaster shall not be considered as part of such affected
institution for purposes of receiving assistance under this
subtitle.
(3) AFFECTED STATE.—The term ‘‘affected State’’ means the
State of Alabama, Florida, Louisiana, Mississippi, or Texas.
(4) AFFECTED STUDENT.—The term ‘‘affected student’’
means an individual who was enrolled or accepted for enrollment on August 29, 2005, at an affected institution.
(5) AREA AFFECTED BY A GULF HURRICANE DISASTER.—The
term ‘‘area affected by a Gulf hurricane disaster’’ means a
county or parish, in an affected State, that has been designated
by the Federal Emergency Management Agency for disaster
assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita.
(6) CANCELLED ENROLLMENT PERIOD.—The term ‘‘cancelled
enrollment period’’ means any period of enrollment at an
affected institution during the academic year 2005–2006, during
which students were unable to attend such institution.
(7) GULF HURRICANE DISASTER.—The term ‘‘Gulf hurricane
disaster’’ means a major disaster that the President declared
to exist, in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, and that was
caused by Hurricane Katrina or Hurricane Rita.
(8) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ means—
(A) an institution covered by the definition of such
term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001); and
(B) an institution described in subparagraph (A) or
(B) of section 102(a)(1) of such Act (20 U.S.C. 1002(a)(1)(A),
(B)).
(9) QUALIFIED STUDENT LOAN.—The term ‘‘qualified student
loan’’ means any loan made, insured, or guaranteed under
part B, D, or E of title IV of the Higher Education Act of
1965, other than a loan under section 428B of such title or
a Federal Direct Plus loan.
(10) QUALIFIED PARENT LOAN.—The term ‘‘qualified parent
loan’’ means a loan made under section 428B of title IV of
the Higher Education Act of 1965 or a Federal Direct Plus
loan.
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education.

Subtitle C—Education and Related
Programs Hurricane Relief
SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE
INDIVIDUALS WITH DISABILITIES EDUCATION ACT TO
FACILITATE THE PROVISION OF EDUCATIONAL SERVICES TO CHILDREN WITH DISABILITIES.

(a) AUTHORITY.—The Secretary of Education may enter into
an agreement described in subsection (b) with an eligible entity
to extend certain deadlines under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) related to providing special

H. R. 2863—131
education and related services, including early intervention services,
to individuals adversely affected by a Gulf hurricane disaster.
(b) TERMS OF AGREEMENTS.—An agreement referred to in subsection (a) is an agreement with an eligible entity made in accordance with subsection (e) that may extend the applicable deadlines
under one or more of the following sections:
(1) Section 611(e)(3)(C)(ii) of such Act, by extending up
to an additional 60 days the 90 day deadline for developing
a State plan for the high cost fund.
(2) Section 612(a)(15)(C) of such Act, by extending up to
an additional 60 days the deadline for submission of the annual
report to the Secretary of Education and the public regarding
the progress of the State and of children with disabilities in
the State.
(3) Section 612(a)(16)(D) of such Act, by extending up to
an additional 60 days the deadline for making available reports
regarding the participation in assessments and the performance
on such assessments of children with disabilities.
(4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up
to an additional 30 days the 60 day deadline for the initial
evaluation to determine whether a child is a child with a
disability for purposes of the provision of special education
and related services to such child.
(5) Section 616(b)(1)(A) of such Act, by extending up to
an additional 60 days the deadline for finalization of the State
performance plan.
(6) Section 641(e)(1)(D) of such Act, by extending up to
an additional 60 days the deadline for submission to the Governor of a State and the Secretary of Education of the report
on the status of early intervention programs for infants and
toddlers with disabilities and their families operated within
the State.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed—
(1) as permitting the waiver of—
(A) any applicable Federal civil rights law;
(B) any student or family privacy protections, including
provisions requiring parental consent for evaluations and
services;
(C) any procedural safeguards required under section
615 or section 639 of the Individuals with Disabilities Education Act; or
(D) any requirements not specified in subsection (b)
of this section; or
(2) as removing the obligation of the eligible entity to
provide a child with a disability or an infant or toddler with
a disability and their families—
(A) a free appropriate public education under part B
of the Individuals with Disabilities Education Act; or
(B) early intervention services under part C of such
Act.
(d) DURATION OF AGREEMENT.—An agreement under this section shall terminate at the conclusion of the 2005–2006 academic
year.
(e) REQUEST TO ENTER INTO AGREEMENT.—To enter into an
agreement under this section, an eligible entity shall submit a

H. R. 2863—132
request to the Secretary of Education at such time, in such manner,
and containing such information as the Secretary may require.
SEC. 302. HEAD START AND CHILD CARE AND DEVELOPMENT BLOCK
GRANT.

(a) HEAD START.—
(1) TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES.—
From the amount made available for Head Start in this Act,
the Secretary of Health and Human Services shall provide
training and technical assistance, guidance, and resources
through the Region 4 and Region 6 offices of the Administration
for Children and Families (and may provide training and technical assistance, guidance, and resources through other regional
offices of the Administration, at the request of such offices
that administer affected Head Start agencies and Early Head
Start entities) to Head Start agencies and Early Head Start
entities in areas affected by a Gulf hurricane disaster, and
to affected Head Start agencies and Early Head Start entities,
to assist the agencies and entities involved to address the
health and counseling needs of infants, toddlers, and young
children affected by a Gulf hurricane disaster. Such training
and technical assistance may be provided by contract or
cooperative agreement with qualified national, regional, or local
providers.
(2) WAIVER.—For such period up to September 30, 2006,
and to such extent as the Secretary considers appropriate,
the Secretary of Health and Human Services—
(A) may waive section 640(b) of the Head Start Act
for Head Start agencies located in an area affected by
a Gulf hurricane disaster, and other affected Head Start
agencies and Early Head Start agencies; and
(B) shall waive requirements of documentation for
individuals adversely affected by a Gulf hurricane disaster
who participate in a Head Start program or an Early
Head Start program funded under the Head Start Act.
(b) CHILD CARE AND DEVELOPMENT BLOCK GRANT.—
(1) CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
1990.—For such period up to September 30, 2006, and to such
extent as the Secretary considers to be appropriate, the Secretary of Health and Human Services may waive, for any
affected State, and any State serving significant numbers of
individuals adversely affected by a Gulf hurricane disaster,
provisions of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.)—
(A) relating to Federal income limitations on eligibility
to receive child care services for which assistance is provided under such Act;
(B) relating to work requirements applicable to eligibility to receive child care services for which assistance
is provided under such Act;
(C) relating to limitations on the use of funds under
section 658G of the Child Care and Development Block
Grant Act of 1990;
(D) preventing children designated as evacuees from
receiving priority for child care services provided under
such Act, except that children residing in a State and

H. R. 2863—133
currently receiving services should not lose such services
to accommodate evacuee children; and
(E) relating to any non-Federal or capital contribution
required (including copayment or other cost sharing by
parents receiving child care assistance) to match Federal
funds provided under programs administered by the Secretary of Health and Human Services;
(2) TECHNICAL ASSISTANCE AND GUIDANCE.—The Secretary
may provide assistance to States for the purpose of providing
training, technical assistance, and guidance to eligible child
care providers (as defined in section 658P of the Child Care
and Development Block Grant Act of 1990) who are licensed
and regulated, as applicable, by the States, to enable such
providers to provide child care services for children and families
described in paragraph (1). Such training and technical assistance may be provided through intermediary organizations,
including those with demonstrated experience in providing
training and technical assistance to programs serving schoolage children up to age 13, involved in reinstituting child care
services on a broad scale in areas affected by a Gulf hurricane
disaster.
SEC. 303. DEFINITIONS.

(a) IN GENERAL.—Unless otherwise specified in this subtitle,
the terms used in this subtitle have the meanings given the terms
in section 9101 of the Elementary and Secondary Education Act
of 1965.
(b) ADDITIONAL DEFINITIONS.—For the purposes of this subtitle:
(1) AFFECTED HEAD START AGENCIES AND EARLY HEAD START
AGENCIES.—The term ‘‘affected Head Start Agencies and Early
Head Start Agencies’’ means a Head Start agency receiving
a significant number of children from an area in which a
Gulf hurricane disaster has been declared.
(2) AFFECTED STATE.—The term ‘‘affected State’’ means the
State of Alabama, Florida, Louisiana, Mississippi, or Texas.
(3) AREA AFFECTED BY A GULF HURRICANE DISASTER.—The
term ‘‘area affected by a Gulf hurricane disaster’’ means a
county or parish, in an affected State, that has been designated
by the Federal Emergency Management Agency for disaster
assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita.
(4) CHILD WITH A DISABILITY.—The term ‘‘child with a disability’’ has the meaning given such term in section 602(3)
of the Individuals with Disabilities Education Act.
(5) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a local educational agency (as defined in section
602(19) of the Individuals with Disabilities Education Act)
if such agency is located in a State or in an area of
a State with respect to which the President has declared
that a Gulf hurricane disaster exists;
(B) a State educational agency (as defined in section
602(32) of such Act) if such agency is located in a State
with respect to which the President has declared that a
Gulf hurricane disaster exists; or
(C) a State interagency coordinating council established
under section 641 of such Act if such council is located

H. R. 2863—134
in a State with respect to which the President has declared
that a Gulf hurricane disaster exists.
(6) GULF HURRICANE DISASTER.—The term ‘‘Gulf hurricane
disaster’’ means a major disaster that the President declared
to exist, in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, and that was
caused by Hurricane Katrina or Hurricane Rita.
(7) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’—
(A) in the case of a special education teacher, has
the meaning given such term in section 602 of the Individuals with Disabilities Education Act; and
(B) in the case of any other elementary, middle, or
secondary school teacher, has the meaning given such term
in section 9101 of the Elementary and Secondary Education
Act of 1965.
(8) INDIVIDUAL ADVERSELY AFFECTED BY A GULF HURRICANE
DISASTER.—The term ‘‘individual adversely affected by a Gulf
hurricane disaster’’ means an individual who, on August 29,
2005, was living, working, or attending school in an area in
which the President has declared to exist a Gulf hurricane
disaster.
(9) INFANT OR TODDLER WITH A DISABILITY.—The term
‘‘infant or toddler with a disability’’ has the meaning given
such term in section 632(5) of the Individuals with Disabilities
Education Act.
TITLE V
GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
SEC. 5001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
SEC. 5002. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in either division A or division B
shall be treated as referring only to the provisions of that division.
SEC. 5003. Effective upon the enactment of this Act, none
of the funds appropriated or otherwise made available by the 2001
Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public Law
107–38) shall be transferred to or from the Emergency Response
Fund.
SEC. 5004. Title I of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2006 (Public Law 109–97) is amended in the paragraph under
the heading ‘‘Cooperative State Research, Education, and Extension
Service, Research and Education Activities’’ (109 Stat. 2126) by
inserting ‘‘, to remain available until expended’’ after ‘‘for a veterinary medicine loan repayment program pursuant to section 1415A
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3101 et seq.), $500,000’’.
SEC. 5005. Section 207 of division C of Public Law 108–447
is amended by inserting ‘‘, and any effects of inflation thereon,’’
after the word ‘‘increase’’.
SEC. 5006. The matter under the heading ‘‘Water and Related
Resources’’ in Public Law 109–103 is amended by inserting before
the period at the end the following: ‘‘: Provided further, That

H. R. 2863—135
$10,000,000 of the funds appropriated under this heading shall
be deposited in the San Gabriel Basin Restoration Fund established
by section 110 of title I of appendix D of Public Law 106–554’’.
SEC. 5007. The funds appropriated in Public Law 109–103
under the heading ‘‘Bureau of Reclamation, Water and Related
Resources’’ for the Placer County, California Sub-Regional Wastewater Treatment Project are hereby transferred to and merged
with the amount appropriated in such public law under the heading
‘‘Corps of Engineers—Civil, Construction’’, and shall be used for
the construction of such project under the same terms and conditions that would have been applicable if such funds had originally
been appropriated to the Corps of Engineers.
SEC. 5008. Section 118 of Public Law 109–103 is amended
by striking ‘‘106–541’’ and inserting ‘‘106–53’’ in lieu thereof.
SEC. 5009. Public Law 109–103 is amended under the heading
‘‘Corps of Engineers—Civil, Investigations’’, by striking ‘‘Provided
further, That using $8,000,000’’ and all that follows to the end
of the paragraph, and inserting in lieu thereof, ‘‘Provided further,
That using $8,000,000 of the funds provided herein, the Secretary
of the Army, acting through the Chief of Engineers, is directed
to conduct a comprehensive hurricane protection analysis and
design at full federal expense to develop and present a full range
of flood control, coastal restoration, and hurricane protection measures exclusive of normal policy considerations for South Louisiana
and the Secretary shall submit a preliminary technical report for
comprehensive Category 5 protection within 6 months of enactment
of this Act and a final technical report for Category 5 protection
within 24 months of enactment of this Act: Provided further, That
the Secretary shall consider providing protection for a storm surge
equivalent to a Category 5 hurricane within the project area and
may submit reports on component areas of the larger protection
program for authorization as soon as practicable: Provided further,
That the analysis shall be conducted in close coordination with
the State of Louisiana and its appropriate agencies.’’.
SEC. 5010. Funds made available under the heading ‘‘Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration’’ in Public Law 109–103 shall be available
for the operation, maintenance, and purchase, through transfer,
exchange, or sale, of one helicopter for replacement only.
SEC. 5011. (a) In addition to the amounts provided elsewhere
in this Act, $50,000,000 is hereby appropriated to the Department
of Labor, to remain available until expended, for payment to the
New York State Uninsured Employers Fund for reimbursement
of claims related to the September 11, 2001, terrorist attacks on
the United States and for reimbursement of claims related to the
first response emergency services personnel who were injured, were
disabled, or died due to such terrorist attacks.
(b) In addition to the amounts provided elsewhere in this Act,
$75,000,000 is hereby appropriated to the Centers for Disease Control and Prevention, to remain available until expended, for purposes related to the September 11, 2001, terrorist attacks on the
United States. In expending such funds, the Director of the Centers
for Disease Control and Prevention shall: (1) give first priority
to existing programs that administer baseline and follow-up
screening, clinical examinations, or long-term medical health monitoring, analysis, or treatment for emergency services personnel
or rescue and recovery personnel, as coordinated by the Mount

H. R. 2863—136
Sinai Center for Occupational and Environmental Medicine of New
York City, the New York City Fire Department’s Bureau of Health
Services and Counseling Services Unit, the New York City Police
Foundation’s Project COPE, the Police Organization Providing Peer
Assistance of New York City, and the New York City Department
of Health and Mental Hygiene’s World Trade Center Health Registry; and (2) give secondary priority to similar programs coordinated by other entities working with the State of New York and
New York City.
(c) Each amount appropriated in this section is designated
as an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
SEC. 5012. The Flexibility for Displaced Workers Act (Public
Law 109–72) is amended by striking ‘‘Hurricane Katrina’’ each
place it appears and inserting ‘‘hurricanes in the Gulf of Mexico
in calendar year 2005’’.
SEC. 5013. Section 124 of Public Law 109–114 is amended
by inserting before the period at the end the following: ‘‘: Provided
further, That nothing in this section precludes the Secretary of
a military department, after notifying the congressional defense
committees and waiting 21 days, from using funds derived under
section 2601, chapter 403, chapter 603, or chapter 903 of title
10, United States Code, for the maintenance or repair of General
and Flag Officer Quarters at the military service academy under
the jurisdiction of that Secretary: Provided further, That each Secretary of a military department shall provide an annual report
by February 15 to the congressional defense committees on the
amount of funds that were derived under section 2601, chapter
403, chapter 603, or chapter 903 of title 10, United States Code
in the previous year and were obligated for the construction,
improvement, repair, or maintenance of any military facility or
infrastructure’’.
SEC. 5014. Section 128 of Public Law 109–114 is amended
as follows—
(1) by inserting after ‘‘support’’ the following: ‘‘a continuing
mission or function at that installation or’’; and
(2) by inserting after the last period the following: ‘‘This
section shall not apply to military construction projects, land
acquisition, or family housing projects for which the project
is vital to the national security or the protection of health,
safety, or environmental quality: Provided, That the Secretary
of Defense shall notify the congressional defense committees
within seven days of a decision to carry out such a military
construction project.’’.
SEC. 5015. The amount provided for ‘‘Military Construction,
Army’’ in Public Law 109–114 is hereby reduced by $8,100,000
for the Special Operations Free Fall Simulator at Yuma Proving
Ground, Arizona.
The amount provided for ‘‘Military Construction, Army’’ in
Public Law 109–114 is hereby increased by $8,100,000 for the
Upgrade Wastewater Treatment Plant at Yuma Proving Ground,
Arizona.
SEC. 5016. The last paragraph of Public Law 109–114 is
amended by inserting ‘‘Military Construction,’’ before ‘‘Military
Quality’’.

H. R. 2863—137
SEC. 5017. (a) Section 613 of Public Law 109–108 is amended
by striking ‘‘$500,000 shall be for a grant to Warren County, Virginia, for a community enhancement project;’’ and inserting
‘‘$250,000 shall be for a grant to Warren County, Virginia, for
a community enhancement project; $250,000 shall be for a grant
to The ARC of Loudoun County for land acquisition and construction;’’.
(b) Section 619(a) of division B in Public Law 108–447 is
amended by striking ‘‘$50,000 shall be available for a grant for
the Promesa Foundation in the Bronx, New York, to provide community growth funding;’’ and inserting ‘‘$50,000 shall be available
for a grant to the Promesa Foundation to provide financial assistance to New York area families and organizations under a youth
sports and recreational initiative;’’.
(c) Section 621 of division B in Public Law 108–199 is amended
by striking ‘‘$200,000 shall be available for a grant for the Promesa
Foundation in South Bronx, New York, to provide community
growth funding;’’ and inserting ‘‘$200,000 shall be available for
a grant to the Promesa Foundation to provide financial assistance
to New York area families and organizations under a youth sports
and recreational initiative;’’.
(d) Section 625 of division B in Public Law 108–7 is amended
by striking ‘‘$200,000 shall be available for a grant for the Promesa
Foundation in South Bronx, New York to provide community growth
funding;’’ and inserting ‘‘$200,000 shall be available for a grant
to the Promesa Foundation to provide financial assistance to New
York area families and organizations under a youth sports and
recreational initiative;’’.
SEC. 5018. Public Law 109–108 is amended under the heading
‘‘State and Local Law Enforcement Assistance’’ in subparagraph
4 by striking ‘‘authorized by subpart 2 of part E, of title I of
the 1968 Act, notwithstanding the provisions of section 511 of
said Act’’.
(TRANSFER OF FUNDS)

SEC. 5019. The unobligated and unexpended balances of the
amount appropriated under the heading ‘‘United States-Canada
Railroad Commission’’ by chapter 9 of title II of Public Law 107–
20 shall be transferred as a direct lump-sum payment to the University of Alaska.
SEC. 5020. The matter under the heading ‘‘Federal Transit
Administration, capital investment grants’’ in title I of division
A of Public Law 109–115 is amended by striking ‘‘Virginia,
$26,000,000’’ and inserting ‘‘Virginia, $30,000,000’’; by striking
‘‘Ohio, $24,770,000’’ and inserting ‘‘Ohio, $24,774,513’’; and by
striking ‘‘Metro, Pennsylvania, $2,000,000’’ and inserting ‘‘Metro,
Pennsylvania, $4,000,000’’.
SEC. 5021. For purposes of compliance with section 205 of
Public Law 109–115, a reduction in taxpayer service shall include,
but not be limited to, any reduction in available hours of telephone
taxpayer assistance on a daily, weekly and monthly basis below
the levels in existence during the month of October 2005.
SEC. 5022. The referenced statement of the managers under
the heading ‘‘Community development fund’’ in Public Law 108–
447 is amended with respect to item number 145 by striking
‘‘Putnam County, Missouri’’ and inserting ‘‘Sullivan County, Missouri’’.

H. R. 2863—138
SEC. 5023. The statement of the managers correction referenced
under the second paragraph of the heading ‘‘Community development fund’’ in title III of Public Law 109–115 (as in effect pursuant
to H. Con. Res. 308, 109th Congress) is deemed to be amended—
(1) with respect to item number 65 by striking ‘‘$125,000
to Esperanza Mercado Project, California for the Esperanza
Community Maple-Mae Project;’’ and inserting ‘‘$125,000 to
the Esperanza Community Housing Corporation, Los Angeles,
California for the Mercado La Paloma project;’’;
(2) with respect to item number 840 by striking ‘‘$100,000
to Gwen’s Girls, Inc. in Pittsburgh, Pennsylvania for construction of a residential facility;’’ and inserting ‘‘$100,000 to the
Bloomfield-Garfield Association in Pittsburgh, Pennsylvania for
acquisition and demolition;’’;
(3) with respect to item number 411 by striking ‘‘$200,000
to the City of Holyoke, Massachusetts for renovations of facility
for Solutions Development Corporation;’’ and inserting
‘‘$200,000 to Solutions Development Inc. of Holyoke, Massachusetts for facility renovations;’’;
(4) with respect to item number 314 by striking ‘‘$225,000
to the City of Harvey, Illinois for demolition and redevelopment
of property to aid the community;’’ and inserting ‘‘$225,000
to the Village of Riverdale, Illinois for planning, design, acquisition, and demolition;’’;
(5) with respect to item number 715 by striking ‘‘39th’’
and inserting ‘‘59th’’;
(6) with respect to item number 26 by striking ‘‘Center’’
and inserting ‘‘College’’;
(7) with respect to item number 372 by striking ‘‘Fairview,
Kansas’’ and inserting ‘‘Fairway, Kansas’’;
(8) with respect to item number 584 by striking ‘‘City
of Asheville, North Carolina for the renovation of the Asheville
Veterans Memorial Stadium’’ and inserting ‘‘UNC Asheville
Science and Multimedia Center, City of Asheville, North Carolina for the construction of a new science and multi-media
building’’; and
(9) with respect to item number 341 by striking ‘‘Village
of Northfield, IL’’ and inserting ‘‘Northfield Park District of
Illinois’’.
SEC. 5024. The referenced statement of the managers under
the heading ‘‘Community development fund’’ in title II of division
I of Public Law 108–447 is deemed to be amended with respect
to item 571 by striking ‘‘$575,000 to the Metropolitan Development
Association in Syracuse, New York for the Essential New York
Initiative’’ and inserting ‘‘$200,000 to the Monroe County Industrial
Development Agency for streetscape and infrastructure improvements to the Medley Center in the Town of Irondequoit, New
York; $90,000 to the City of Syracuse, New York for facilities
and equipment improvements for the Syracuse Food Bank; $200,000
to the City of Syracuse, New York for renovations and infrastructure
improvements to the Lofts on Willow Urban Village project; and,
$85,000 to Cayuga County, New York for the CIVIC Heritage
Historical Society for the construction of a history center;’’.
SEC. 5025. Effective upon the enactment of this Act, none
of the funds appropriated or otherwise made available by the 2001
Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public Law

H. R. 2863—139
107–38) shall be transferred to or from the Emergency Response
Fund.
This division may be cited as the ‘‘Emergency Supplemental
Appropriations Act to Address Hurricanes in the Gulf of Mexico
and Pandemic Influenza, 2006’’.

DIVISION C—PUBLIC READINESS AND
EMERGENCY PREPAREDNESS ACT
SEC. 1. SHORT TITLE.

This division may be cited as the ‘‘Public Readiness and Emergency Preparedness Act’’.
SEC. 2. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC AND EPIDEMIC PRODUCTS AND SECURITY COUNTERMEASURES.

Part B of title III of the Public Health Service Act (42 U.S.C.
243 et seq.) is amended by inserting after section 319F–2 the
following section:
‘‘SEC. 319F–3. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC AND
EPIDEMIC
PRODUCTS
AND
SECURITY
COUNTERMEASURES.

‘‘(a) LIABILITY PROTECTIONS.—
‘‘(1) IN GENERAL.—Subject to the other provisions of this
section, a covered person shall be immune from suit and
liability under Federal and State law with respect to all claims
for loss caused by, arising out of, relating to, or resulting
from the administration to or the use by an individual of
a covered countermeasure if a declaration under subsection
(b) has been issued with respect to such countermeasure.
‘‘(2) SCOPE OF CLAIMS FOR LOSS.—
‘‘(A) LOSS.—For purposes of this section, the term ‘loss’
means any type of loss, including—
‘‘(i) death;
‘‘(ii) physical, mental, or emotional injury, illness,
disability, or condition;
‘‘(iii) fear of physical, mental, or emotional injury,
illness, disability, or condition, including any need for
medical monitoring; and
‘‘(iv) loss of or damage to property, including business interruption loss.
Each of clauses (i) through (iv) applies without regard
to the date of the occurrence, presentation, or discovery
of the loss described in the clause.
‘‘(B) SCOPE.—The immunity under paragraph (1)
applies to any claim for loss that has a causal relationship
with the administration to or use by an individual of a
covered countermeasure, including a causal relationship
with the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use of
such countermeasure.
‘‘(3) CERTAIN CONDITIONS.—Subject to the other provisions
of this section, immunity under paragraph (1) with respect
to a covered countermeasure applies only if—

H. R. 2863—140
‘‘(A) the countermeasure was administered or used
during the effective period of the declaration that was
issued under subsection (b) with respect to the countermeasure;
‘‘(B) the countermeasure was administered or used for
the category or categories of diseases, health conditions,
or threats to health specified in the declaration; and
‘‘(C) in addition, in the case of a covered person who
is a program planner or qualified person with respect to
the administration or use of the countermeasure, the
countermeasure was administered to or used by an individual who—
‘‘(i) was in a population specified by the declaration; and
‘‘(ii) was at the time of administration physically
present in a geographic area specified by the declaration or had a connection to such area specified in
the declaration.
‘‘(4) APPLICABILITY OF CERTAIN CONDITIONS.—With respect
to immunity under paragraph (1) and subject to the other
provisions of this section:
‘‘(A) In the case of a covered person who is a manufacturer or distributor of the covered countermeasure involved,
the immunity applies without regard to whether such
countermeasure was administered to or used by an individual in accordance with the conditions described in paragraph (3)(C).
‘‘(B) In the case of a covered person who is a program
planner or qualified person with respect to the administration or use of the covered countermeasure, the scope of
immunity includes circumstances in which the countermeasure was administered to or used by an individual
in circumstances in which the covered person reasonably
could have believed that the countermeasure was administered or used in accordance with the conditions described
in paragraph (3)(C).
‘‘(5) EFFECT OF DISTRIBUTION METHOD.—The provisions of
this section apply to a covered countermeasure regardless of
whether such countermeasure is obtained by donation, commercial sale, or any other means of distribution, except to the
extent that, under paragraph (2)(E) of subsection (b), the declaration under such subsection provides that subsection (a)
applies only to covered countermeasures obtained through a
particular means of distribution.
‘‘(6) REBUTTABLE PRESUMPTION.—For purposes of paragraph (1), there shall be a rebuttable presumption that any
administration or use, during the effective period of the emergency declaration by the Secretary under subsection (b), of
a covered countermeasure shall have been for the category
or categories of diseases, health conditions, or threats to health
with respect to which such declaration was issued.
‘‘(b) DECLARATION BY SECRETARY.—
‘‘(1) AUTHORITY TO ISSUE DECLARATION.—Subject to paragraph (2), if the Secretary makes a determination that a disease
or other health condition or other threat to health constitutes
a public health emergency, or that there is a credible risk

H. R. 2863—141
that the disease, condition, or threat may in the future constitute such an emergency, the Secretary may make a declaration, through publication in the Federal Register, recommending, under conditions as the Secretary may specify, the
manufacture, testing, development, distribution, administration, or use of one or more covered countermeasures, and stating
that subsection (a) is in effect with respect to the activities
so recommended.
‘‘(2) CONTENTS.—In issuing a declaration under paragraph
(1), the Secretary shall identify, for each covered countermeasure specified in the declaration—
‘‘(A) the category or categories of diseases, health conditions, or threats to health for which the Secretary recommends the administration or use of the countermeasure;
‘‘(B) the period or periods during which, including as
modified by paragraph (3), subsection (a) is in effect, which
period or periods may be designated by dates, or by milestones or other description of events, including factors
specified in paragraph (6);
‘‘(C) the population or populations of individuals for
which subsection (a) is in effect with respect to the administration or use of the countermeasure (which may be a
specification that such subsection applies without
geographic limitation to all individuals);
‘‘(D) the geographic area or areas for which subsection
(a) is in effect with respect to the administration or use
of the countermeasure (which may be a specification that
such subsection applies without geographic limitation),
including, with respect to individuals in the populations
identified under subparagraph (C), a specification, as determined appropriate by the Secretary, of whether the declaration applies only to individuals physically present in such
areas or whether in addition the declaration applies to
individuals who have a connection to such areas, which
connection is described in the declaration; and
‘‘(E) whether subsection (a) is effective only to a particular means of distribution as provided in subsection
(a)(5) for obtaining the countermeasure, and if so, the particular means to which such subsection is effective.
‘‘(3) EFFECTIVE PERIOD OF DECLARATION.—
‘‘(A) FLEXIBILITY OF PERIOD.—The Secretary may, in
describing periods under paragraph (2)(B), have different
periods for different covered persons to address different
logistical, practical or other differences in responsibilities.
‘‘(B) ADDITIONAL TIME TO BE SPECIFIED.—In each declaration under paragraph (1), the Secretary, after consulting, to the extent the Secretary deems appropriate,
with the manufacturer of the covered countermeasure, shall
also specify a date that is after the ending date specified
under paragraph (2)(B) and that allows what the Secretary
determines is—
‘‘(i) a reasonable period for the manufacturer to
arrange for disposition of the covered countermeasure,
including the return of such product to the manufacturer; and

H. R. 2863—142
‘‘(ii) a reasonable period for covered persons to
take such other actions as may be appropriate to limit
administration or use of the covered countermeasure.
‘‘(C) ADDITIONAL PERIOD FOR CERTAIN STRATEGIC
NATIONAL STOCKPILE COUNTERMEASURES.—With respect to
a covered countermeasure that is in the stockpile under
section 319F-2, if such countermeasure was the subject
of a declaration under paragraph (1) at the time that
it was obtained for the stockpile, the effective period of
such declaration shall include a period when the countermeasure is administered or used pursuant to a distribution
or release from the stockpile.
‘‘(4) AMENDMENTS TO DECLARATION.—The Secretary may
through publication in the Federal Register amend any portion
of a declaration under paragraph (1). Such an amendment
shall not retroactively limit the applicability of subsection (a)
with respect to the administration or use of the covered countermeasure involved.
‘‘(5) CERTAIN DISCLOSURES.—In publishing a declaration
under paragraph (1) in the Federal Register, the Secretary
is not required to disclose any matter described in section
552(b) of title 5, United States Code.
‘‘(6) FACTORS TO BE CONSIDERED.—In deciding whether and
under what circumstances or conditions to issue a declaration
under paragraph (1) with respect to a covered countermeasure,
the Secretary shall consider the desirability of encouraging
the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, and use of such countermeasure.
‘‘(7) JUDICIAL REVIEW.—No court of the United States, or
of any State, shall have subject matter jurisdiction to review,
whether by mandamus or otherwise, any action by the Secretary under this subsection.
‘‘(8) PREEMPTION OF STATE LAW.—During the effective
period of a declaration under subsection (b), or at any time
with respect to conduct undertaken in accordance with such
declaration, no State or political subdivision of a State may
establish, enforce, or continue in effect with respect to a covered
countermeasure any provision of law or legal requirement
that—
‘‘(A) is different from, or is in conflict with, any requirement applicable under this section; and
‘‘(B) relates to the design, development, clinical testing
or investigation, formulation, manufacture, distribution,
sale, donation, purchase, marketing, promotion, packaging,
labeling, licensing, use, any other aspect of safety or efficacy, or the prescribing, dispensing, or administration by
qualified persons of the covered countermeasure, or to any
matter included in a requirement applicable to the covered
countermeasure under this section or any other provision
of this Act, or under the Federal Food, Drug, and Cosmetic
Act.
‘‘(9) REPORT TO CONGRESS.—Within 30 days after making
a declaration under paragraph (1), the Secretary shall submit
to the appropriate committees of the Congress a report that

H. R. 2863—143
provides an explanation of the reasons for issuing the declaration and the reasons underlying the determinations of the
Secretary with respect to paragraph (2). Within 30 days after
making an amendment under paragraph (4), the Secretary
shall submit to such committees a report that provides the
reasons underlying the determination of the Secretary to make
the amendment.
‘‘(c) DEFINITION OF WILLFUL MISCONDUCT.—
‘‘(1) DEFINITION.—
‘‘(A) IN GENERAL.—Except as the meaning of such term
is further restricted pursuant to paragraph (2), the term
‘willful misconduct’ shall, for purposes of subsection (d),
denote an act or omission that is taken—
‘‘(i) intentionally to achieve a wrongful purpose;
‘‘(ii) knowingly without legal or factual justification; and
‘‘(iii) in disregard of a known or obvious risk that
is so great as to make it highly probable that the
harm will outweigh the benefit.
‘‘(B) RULE OF CONSTRUCTION.—The criterion stated in
subparagraph (A) shall be construed as establishing a
standard for liability that is more stringent than a standard
of negligence in any form or recklessness.
‘‘(2) AUTHORITY TO PROMULGATE REGULATORY DEFINITION.—
‘‘(A) IN GENERAL.—The Secretary, in consultation with
the Attorney General, shall promulgate regulations, which
may be promulgated through interim final rules, that further restrict the scope of actions or omissions by a covered
person that may qualify as ‘willful misconduct’ for purposes
of subsection (d).
‘‘(B) FACTORS TO BE CONSIDERED.—In promulgating the
regulations under this paragraph, the Secretary, in consultation with the Attorney General, shall consider the
need to define the scope of permissible civil actions under
subsection (d) in a way that will not adversely affect the
public health.
‘‘(C) TEMPORAL SCOPE OF REGULATIONS.—The regulations under this paragraph may specify the temporal effect
that they shall be given for purposes of subsection (d).
‘‘(D) INITIAL RULEMAKING.—Within 180 days after the
enactment of the Public Readiness and Emergency
Preparedness Act, the Secretary, in consultation with the
Attorney General, shall commence and complete an initial
rulemaking process under this paragraph.
‘‘(3) PROOF OF WILLFUL MISCONDUCT.—In an action under
subsection (d), the plaintiff shall have the burden of proving
by clear and convincing evidence willful misconduct by each
covered person sued and that such willful misconduct caused
death or serious physical injury.
‘‘(4) DEFENSE FOR ACTS OR OMISSIONS TAKEN PURSUANT
TO SECRETARY’S DECLARATION.—Notwithstanding any other
provision of law, a program planner or qualified person shall
not have engaged in ‘willful misconduct’ as a matter of law
where such program planner or qualified person acted consistent with applicable directions, guidelines, or recommendations by the Secretary regarding the administration or use
of a covered countermeasure that is specified in the declaration

H. R. 2863—144
under subsection (b), provided either the Secretary, or a State
or local health authority, was provided with notice of information regarding serious physical injury or death from the
administration or use of a covered countermeasure that is material to the plaintiff’s alleged loss within 7 days of the actual
discovery of such information by such program planner or qualified person.
‘‘(5) EXCLUSION FOR REGULATED ACTIVITY OF MANUFACTURER OR DISTRIBUTOR.—
‘‘(A) IN GENERAL.—If an act or omission by a manufacturer or distributor with respect to a covered countermeasure, which act or omission is alleged under subsection
(e)(3)(A) to constitute willful misconduct, is subject to regulation by this Act or by the Federal Food, Drug, and Cosmetic Act, such act or omission shall not constitute ‘willful
misconduct’ for purposes of subsection (d) if—
‘‘(i) neither the Secretary nor the Attorney General
has initiated an enforcement action with respect to
such act or omission; or
‘‘(ii) such an enforcement action has been initiated
and the action has been terminated or finally resolved
without a covered remedy.
Any action or proceeding under subsection (d) shall be
stayed during the pendency of such an enforcement action.
‘‘(B) DEFINITIONS.—For purposes of this paragraph, the
following terms have the following meanings:
‘‘(i) ENFORCEMENT ACTION.—The term ‘enforcement
action’ means a criminal prosecution, an action seeking
an injunction, a seizure action, a civil monetary proceeding based on willful misconduct, a mandatory
recall of a product because voluntary recall was
refused, a proceeding to compel repair or replacement
of a product, a termination of an exemption under
section 505(i) or 520(g) of the Federal Food, Drug,
and Cosmetic Act, a debarment proceeding, an investigator disqualification proceeding where an investigator
is an employee or agent of the manufacturer, a revocation, based on willful misconduct, of an authorization
under section 564 of such Act, or a suspension or
withdrawal, based on willful misconduct, of an
approval or clearance under chapter V of such Act
or of a licensure under section 351 of this Act.
‘‘(ii) COVERED REMEDY.—The term ‘covered remedy’
means an outcome—
‘‘(I) that is a criminal conviction, an injunction,
or a condemnation, a civil monetary payment, a
product recall, a repair or replacement of a
product, a termination of an exemption under section 505(i) or 520(g) of the Federal Food, Drug,
and Cosmetic Act, a debarment, an investigator
disqualification, a revocation of an authorization
under section 564 of such Act, or a suspension
or withdrawal of an approval or clearance under
chapter 5 of such Act or of a licensure under
section 351 of this Act; and
‘‘(II) that results from a final determination
by a court or from a final agency action.

H. R. 2863—145
‘‘(iii) FINAL.—The terms ‘final’ and ‘finally’—
‘‘(I) with respect to a court determination, or
to a final resolution of an enforcement action that
is a court determination, mean a judgment from
which an appeal of right cannot be taken or a
voluntary or stipulated dismissal; and
‘‘(II) with respect to an agency action, or to
a final resolution of an enforcement action that
is an agency action, mean an order that is not
subject to further review within the agency and
that has not been reversed, vacated, enjoined, or
otherwise nullified by a final court determination
or a voluntary or stipulated dismissal.
‘‘(C) RULES OF CONSTRUCTION.—
‘‘(i) IN GENERAL.—Nothing in this paragraph shall
be construed—
‘‘(I) to affect the interpretation of any provision
of the Federal Food, Drug, and Cosmetic Act, of
this Act, or of any other applicable statute or regulation; or
‘‘(II) to impair, delay, alter, or affect the
authority, including the enforcement discretion, of
the United States, of the Secretary, of the Attorney
General, or of any other official with respect to
any administrative or court proceeding under this
Act, under the Federal Food, Drug, and Cosmetic
Act, under title 18 of the United States Code,
or under any other applicable statute or regulation.
‘‘(ii) MANDATORY RECALLS.—A mandatory recall
called for in the declaration is not a Food and Drug
Administration enforcement action.
‘‘(d) EXCEPTION TO IMMUNITY OF COVERED PERSONS.—
‘‘(1) IN GENERAL.—Subject to subsection (f), the sole exception to the immunity from suit and liability of covered persons
set forth in subsection (a) shall be for an exclusive Federal
cause of action against a covered person for death or serious
physical injury proximately caused by willful misconduct, as
defined pursuant to subsection (c), by such covered person.
For purposes of section 2679(b)(2)(B) of title 28, United States
Code, such a cause of action is not an action brought for
violation of a statute of the United States under which an
action against an individual is otherwise authorized.
‘‘(2) PERSONS WHO CAN SUE.—An action under this subsection may be brought for wrongful death or serious physical
injury by any person who suffers such injury or by any representative of such a person.
‘‘(e) PROCEDURES FOR SUIT.—
‘‘(1) EXCLUSIVE FEDERAL JURISDICTION.—Any action under
subsection (d) shall be filed and maintained only in the United
States District Court for the District of Columbia.
‘‘(2) GOVERNING LAW.—The substantive law for decision
in an action under subsection (d) shall be derived from the
law, including choice of law principles, of the State in which
the alleged willful misconduct occurred, unless such law is
inconsistent with or preempted by Federal law, including provisions of this section.

H. R. 2863—146
‘‘(3) PLEADING WITH PARTICULARITY.—In an action under
subsection (d), the complaint shall plead with particularity
each element of the plaintiff’s claim, including—
‘‘(A) each act or omission, by each covered person sued,
that is alleged to constitute willful misconduct relating
to the covered countermeasure administered to or used
by the person on whose behalf the complaint was filed;
‘‘(B) facts supporting the allegation that such alleged
willful misconduct proximately caused the injury claimed;
and
‘‘(C) facts supporting the allegation that the person
on whose behalf the complaint was filed suffered death
or serious physical injury.
‘‘(4)
VERIFICATION,
CERTIFICATION,
AND
MEDICAL
RECORDS.—
‘‘(A) IN GENERAL.—In an action under subsection (d),
the plaintiff shall verify the complaint in the manner stated
in subparagraph (B) and shall file with the complaint the
materials described in subparagraph (C). A complaint that
does not substantially comply with subparagraphs (B) and
(C) shall not be accepted for filing and shall not stop
the running of the statute of limitations.
‘‘(B) VERIFICATION REQUIREMENT.—
‘‘(i) IN GENERAL.—The complaint shall include a
verification, made by affidavit of the plaintiff under
oath, stating that the pleading is true to the knowledge
of the deponent, except as to matters specifically identified as being alleged on information and belief, and
that as to those matters the plaintiff believes it to
be true.
‘‘(ii) IDENTIFICATION OF MATTERS ALLEGED UPON
INFORMATION AND BELIEF.—Any matter that is not
specifically identified as being alleged upon the
information and belief of the plaintiff, shall be regarded
for all purposes, including a criminal prosecution, as
having been made upon the knowledge of the plaintiff.
‘‘(C) MATERIALS REQUIRED.—In an action under subsection (d), the plaintiff shall file with the complaint—
‘‘(i) an affidavit, by a physician who did not treat
the person on whose behalf the complaint was filed,
certifying, and explaining the basis for such physician’s
belief, that such person suffered the serious physical
injury or death alleged in the complaint and that such
injury or death was proximately caused by the administration or use of a covered countermeasure; and
‘‘(ii) certified medical records documenting such
injury or death and such proximate causal connection.
‘‘(5) THREE-JUDGE COURT.—Any action under subsection (d)
shall be assigned initially to a panel of three judges. Such
panel shall have jurisdiction over such action for purposes
of considering motions to dismiss, motions for summary judgment, and matters related thereto. If such panel has denied
such motions, or if the time for filing such motions has expired,
such panel shall refer the action to the chief judge for assignment for further proceedings, including any trial. Section 1253
of title 28, United States Code, and paragraph (3) of subsection

H. R. 2863—147
(b) of section 2284 of title 28, United States Code, shall not
apply to actions under subsection (d).
‘‘(6) CIVIL DISCOVERY.—
‘‘(A) TIMING.—In an action under subsection (d), no
discovery shall be allowed—
‘‘(i) before each covered person sued has had a
reasonable opportunity to file a motion to dismiss;
‘‘(ii) in the event such a motion is filed, before
the court has ruled on such motion; and
‘‘(iii) in the event a covered person files an interlocutory appeal from the denial of such a motion, before
the court of appeals has ruled on such appeal.
‘‘(B) STANDARD.—Notwithstanding any other provision
of law, the court in an action under subsection (d) shall
permit discovery only with respect to matters directly
related to material issues contested in such action, and
the court shall compel a response to a discovery request
(including a request for admission, an interrogatory, a
request for production of documents, or any other form
of discovery request) under Rule 37, Federal Rules of Civil
Procedure, only if the court finds that the requesting party
needs the information sought to prove or defend as to
a material issue contested in such action and that the
likely benefits of a response to such request equal or exceed
the burden or cost for the responding party of providing
such response.
‘‘(7) REDUCTION IN AWARD OF DAMAGES FOR COLLATERAL
SOURCE BENEFITS.—
‘‘(A) IN GENERAL.—In an action under subsection (d),
the amount of an award of damages that would otherwise
be made to a plaintiff shall be reduced by the amount
of collateral source benefits to such plaintiff.
‘‘(B) PROVIDER OF COLLATERAL SOURCE BENEFITS NOT
TO HAVE LIEN OR SUBROGATION.—No provider of collateral
source benefits shall recover any amount against the plaintiff or receive any lien or credit against the plaintiff’s
recovery or be equitably or legally subrogated to the right
of the plaintiff in an action under subsection (d).
‘‘(C) COLLATERAL SOURCE BENEFIT DEFINED.—For purposes of this paragraph, the term ‘collateral source benefit’
means any amount paid or to be paid in the future to
or on behalf of the plaintiff, or any service, product, or
other benefit provided or to be provided in the future
to or on behalf of the plaintiff, as a result of the injury
or wrongful death, pursuant to—
‘‘(i) any State or Federal health, sickness, incomedisability, accident, or workers’ compensation law;
‘‘(ii) any health, sickness, income-disability, or
accident insurance that provides health benefits or
income-disability coverage;
‘‘(iii) any contract or agreement of any group,
organization, partnership, or corporation to provide,
pay for, or reimburse the cost of medical, hospital,
dental, or income disability benefits; or
‘‘(iv) any other publicly or privately funded program.

H. R. 2863—148
‘‘(8) NONECONOMIC DAMAGES.—In an action under subsection (d), any noneconomic damages may be awarded only
in an amount directly proportional to the percentage of responsibility of a defendant for the harm to the plaintiff. For purposes
of this paragraph, the term ‘noneconomic damages’ means damages for losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation,
and any other nonpecuniary losses.
‘‘(9) RULE 11 SANCTIONS.—Whenever a district court of the
United States determines that there has been a violation of
Rule 11 of the Federal Rules of Civil Procedure in an action
under subsection (d), the court shall impose upon the attorney,
law firm, or parties that have violated Rule 11 or are responsible for the violation, an appropriate sanction, which may
include an order to pay the other party or parties for the
reasonable expenses incurred as a direct result of the filing
of the pleading, motion, or other paper that is the subject
of the violation, including a reasonable attorney’s fee. Such
sanction shall be sufficient to deter repetition of such conduct
or comparable conduct by others similarly situated, and to
compensate the party or parties injured by such conduct.
‘‘(10) INTERLOCUTORY APPEAL.—The United States Court
of Appeals for the District of Columbia Circuit shall have jurisdiction of an interlocutory appeal by a covered person taken
within 30 days of an order denying a motion to dismiss or
a motion for summary judgment based on an assertion of the
immunity from suit conferred by subsection (a) or based on
an assertion of the exclusion under subsection (c)(5).
‘‘(f) ACTIONS BY AND AGAINST THE UNITED STATES.—Nothing
in this section shall be construed to abrogate or limit any right,
remedy, or authority that the United States or any agency thereof
may possess under any other provision of law or to waive sovereign
immunity or to abrogate or limit any defense or protection available
to the United States or its agencies, instrumentalities, officers,
or employees under any other law, including any provision of
chapter 171 of title 28, United States Code (relating to tort claims
procedure).
‘‘(g) SEVERABILITY.—If any provision of this section, or the
application of such provision to any person or circumstance, is
held to be unconstitutional, the remainder of this section and the
application of such remainder to any person or circumstance shall
not be affected thereby.
‘‘(h) RULE OF CONSTRUCTION CONCERNING NATIONAL VACCINE
INJURY COMPENSATION PROGRAM.—Nothing in this section, or any
amendment made by the Public Readiness and Emergency
Preparedness Act, shall be construed to affect the National Vaccine
Injury Compensation Program under title XXI of this Act.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) COVERED COUNTERMEASURE.—The term ‘covered
countermeasure’ means—
‘‘(A) a qualified pandemic or epidemic product (as
defined in paragraph (7));
‘‘(B) a security countermeasure (as defined in section
319F–2(c)(1)(B)); or

H. R. 2863—149
‘‘(C) a drug (as such term is defined in section 201(g)(1)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(g)(1)), biological product (as such term is defined by
section 351(i) of this Act), or device (as such term is defined
by section 201(h) of the Federal Food, Drug and Cosmetic
Act (21 U.S.C. 321(h)) that is authorized for emergency
use in accordance with section 564 of the Federal Food,
Drug, and Cosmetic Act.
‘‘(2) COVERED PERSON.—The term ‘covered person’, when
used with respect to the administration or use of a covered
countermeasure, means—
‘‘(A) the United States; or
‘‘(B) a person or entity that is—
‘‘(i) a manufacturer of such countermeasure;
‘‘(ii) a distributor of such countermeasure;
‘‘(iii) a program planner of such countermeasure;
‘‘(iv) a qualified person who prescribed, administered, or dispensed such countermeasure; or
‘‘(v) an official, agent, or employee of a person
or entity described in clause (i), (ii), (iii), or (iv).
‘‘(3) DISTRIBUTOR.—The term ‘distributor’ means a person
or entity engaged in the distribution of drugs, biologics, or
devices, including but not limited to manufacturers; repackers;
common carriers; contract carriers; air carriers; own-label
distributors; private-label distributors; jobbers; brokers; warehouses, and wholesale drug warehouses; independent wholesale
drug traders; and retail pharmacies.
‘‘(4) MANUFACTURER.—The term ‘manufacturer’ includes—
‘‘(A) a contractor or subcontractor of a manufacturer;
‘‘(B) a supplier or licenser of any product, intellectual
property, service, research tool, or component or other
article used in the design, development, clinical testing,
investigation, or manufacturing of a covered countermeasure; and
‘‘(C) any or all of the parents, subsidiaries, affiliates,
successors, and assigns of a manufacturer.
‘‘(5) PERSON.—The term ‘person’ includes an individual,
partnership, corporation, association, entity, or public or private
corporation, including a Federal, State, or local government
agency or department.
‘‘(6) PROGRAM PLANNER.—The term ‘program planner’
means a State or local government, including an Indian tribe,
a person employed by the State or local government, or other
person who supervised or administered a program with respect
to the administration, dispensing, distribution, provision, or
use of a security countermeasure or a qualified pandemic or
epidemic product, including a person who has established
requirements, provided policy guidance, or supplied technical
or scientific advice or assistance or provides a facility to administer or use a covered countermeasure in accordance with a
declaration under subsection (b).
‘‘(7) QUALIFIED PANDEMIC OR EPIDEMIC PRODUCT.—The term
‘qualified pandemic or epidemic product’ means a drug (as
such term is defined in section 201(g)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)), biological product
(as such term is defined by section 351(i) of this Act), or

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device (as such term is defined by section 201(h) of the Federal
Food, Drug and Cosmetic Act (21 U.S.C. 321(h)) that is—
‘‘(A)(i) a product manufactured, used, designed, developed, modified, licensed, or procured—
‘‘(I) to diagnose, mitigate, prevent, treat, or cure
a pandemic or epidemic; or
‘‘(II) to limit the harm such pandemic or epidemic
might otherwise cause; or
‘‘(ii) a product manufactured, used, designed, developed, modified, licensed, or procured to diagnose, mitigate,
prevent, treat, or cure a serious or life-threatening disease
or condition caused by a product described in clause (i);
and
‘‘(B)(i) approved or cleared under chapter V of the
Federal Food, Drug, and Cosmetic Act or licensed under
section 351 of this Act;
‘‘(ii) the object of research for possible use as described
by subparagraph (A) and is the subject of an exemption
under section 505(i) or 520(g) of the Federal Food, Drug,
and Cosmetic Act; or
‘‘(iii) authorized for emergency use in accordance with
section 564 of the Federal Food, Drug, and Cosmetic Act.
‘‘(8) QUALIFIED PERSON.—The term ‘qualified person’, when
used with respect to the administration or use of a covered
countermeasure, means—
‘‘(A) a licensed health professional or other individual
who is authorized to prescribe, administer, or dispense
such countermeasures under the law of the State in which
the countermeasure was prescribed, administered, or dispensed; or
‘‘(B) a person within a category of persons so identified
in a declaration by the Secretary under subsection (b).
‘‘(9) SECURITY COUNTERMEASURE.—The term ‘security
countermeasure’ has the meaning given such term in section
319F–2(c)(1)(B).
‘‘(10) SERIOUS PHYSICAL INJURY.—The term ‘serious physical injury’ means an injury that—
‘‘(A) is life threatening;
‘‘(B) results in permanent impairment of a body function or permanent damage to a body structure; or
‘‘(C) necessitates medical or surgical intervention to
preclude permanent impairment of a body function or
permanent damage to a body structure.’’.
SEC. 3. COVERED COUNTERMEASURE PROCESS.

Part B of title III of the Public Health Service Act is further
amended by inserting after section 319F–3 (as added by section
2) the following new section:
‘‘SEC. 319F–4. COVERED COUNTERMEASURE PROCESS.

‘‘(a) ESTABLISHMENT OF FUND.—Upon the issuance by the Secretary of a declaration under section 319F–3(b), there is hereby
established in the Treasury an emergency fund designated as the
‘Covered Countermeasure Process Fund’ for purposes of providing
timely, uniform, and adequate compensation to eligible individuals
for covered injuries directly caused by the administration or use
of a covered countermeasure pursuant to such declaration, which

H. R. 2863—151
Fund shall consist of such amounts designated as emergency appropriations under section 402 of H. Con. Res. 95 of the 109th Congress,
this emergency designation shall remain in effect through October
1, 2006.
‘‘(b) PAYMENT OF COMPENSATION.—
‘‘(1) IN GENERAL.—If the Secretary issues a declaration
under 319F–3(b), the Secretary shall, after amounts have by
law been provided for the Fund under subsection (a), provide
compensation to an eligible individual for a covered injury
directly caused by the administration or use of a covered
countermeasure pursuant to such declaration.
‘‘(2) ELEMENTS OF COMPENSATION.—The compensation that
shall be provided pursuant to paragraph (1) shall have the
same elements, and be in the same amount, as is prescribed
by sections 264, 265, and 266 in the case of certain individuals
injured as a result of administration of certain countermeasures
against smallpox, except that section 266(a)(2)(B) shall not
apply.
‘‘(3) RULE OF CONSTRUCTION.—Neither reasonable and necessary medical benefits nor lifetime total benefits for lost
employment income due to permanent and total disability shall
be limited by section 266.
‘‘(4) DETERMINATION OF ELIGIBILITY AND COMPENSATION.—
Except as provided in this section, the procedures for determining, and for reviewing a determination of, whether an individual is an eligible individual, whether such individual has
sustained a covered injury, whether compensation may be available under this section, and the amount of such compensation
shall be those stated in section 262 (other than in subsection
(d)(2) of such section), in regulations issued pursuant to that
section, and in such additional or alternate regulations as the
Secretary may promulgate for purposes of this section. In
making determinations under this section, other than those
described in paragraph (5)(A) as to the direct causation of
a covered injury, the Secretary may only make such determination based on compelling, reliable, valid, medical and scientific
evidence.
‘‘(5) COVERED COUNTERMEASURE INJURY TABLE.—
‘‘(A) IN GENERAL.—The Secretary shall by regulation
establish a table identifying covered injuries that shall
be presumed to be directly caused by the administration
or use of a covered countermeasure and the time period
in which the first symptom or manifestation of onset of
each such adverse effect must manifest in order for such
presumption to apply. The Secretary may only identify
such covered injuries, for purpose of inclusion on the table,
where the Secretary determines, based on compelling, reliable, valid, medical and scientific evidence that administration or use of the covered countermeasure directly caused
such covered injury.
‘‘(B) AMENDMENTS.—The provisions of section 263
(other than a provision of subsection (a)(2) of such section
that relates to accidental vaccinia inoculation) shall apply
to the table established under this section.
‘‘(C) JUDICIAL REVIEW.—No court of the United States,
or of any State, shall have subject matter jurisdiction to

H. R. 2863—152
review, whether by mandamus or otherwise, any action
by the Secretary under this paragraph.
‘‘(6) MEANINGS OF TERMS.—In applying sections 262, 263,
264, 265, and 266 for purposes of this section—
‘‘(A) the terms ‘vaccine’ and ‘smallpox vaccine’ shall
be deemed to mean a covered countermeasure;
‘‘(B) the terms ‘smallpox vaccine injury table’ and ‘table
established under section 263’ shall be deemed to refer
to the table established under paragraph (4); and
‘‘(C) other terms used in those sections shall have
the meanings given to such terms by this section.
‘‘(c) VOLUNTARY PROGRAM.—The Secretary shall ensure that
a State, local, or Department of Health and Human Services plan
to administer or use a covered countermeasure is consistent with
any declaration under 319F–3 and any applicable guidelines of
the Centers for Disease Control and Prevention and that potential
participants are educated with respect to contraindications, the
voluntary nature of the program, and the availability of potential
benefits and compensation under this part.
‘‘(d) EXHAUSTION; EXCLUSIVITY; ELECTION.—
‘‘(1) EXHAUSTION.—Subject to paragraph (5), a covered individual may not bring a civil action under section 319F–3(d)
against a covered person (as such term is defined in section
319F–3(i)(2)) unless such individual has exhausted such remedies as are available under subsection (a), except that if
amounts have not by law been provided for the Fund under
subsection (a), or if the Secretary fails to make a final determination on a request for benefits or compensation filed in
accordance with the requirements of this section within 240
days after such request was filed, the individual may seek
any remedy that may be available under section 319F–3(d).
‘‘(2) TOLLING OF STATUTE OF LIMITATIONS.—The time limit
for filing a civil action under section 319F–3(d) for an injury
or death shall be tolled during the pendency of a claim for
compensation under subsection (a).
‘‘(3) RULE OF CONSTRUCTION.—This section shall not be
construed as superseding or otherwise affecting the application
of a requirement, under chapter 171 of title 28, United States
Code, to exhaust administrative remedies.
‘‘(4) EXCLUSIVITY.—The remedy provided by subsection (a)
shall be exclusive of any other civil action or proceeding for
any claim or suit this section encompasses, except for a proceeding under section 319F–3.
‘‘(5) ELECTION.—If under subsection (a) the Secretary determines that a covered individual qualifies for compensation,
the individual has an election to accept the compensation or
to bring an action under section 319F–3(d). If such individual
elects to accept the compensation, the individual may not bring
such an action.
‘‘(e) DEFINITIONS.—For purposes of this section, the following
terms shall have the following meanings:
‘‘(1) COVERED COUNTERMEASURE.—The term ‘covered
countermeasure’ has the meaning given such term in section
319F–3.
‘‘(2) COVERED INDIVIDUAL.—The term ‘covered individual’,
with respect to administration or use of a covered countermeasure pursuant to a declaration, means an individual—

H. R. 2863—153
‘‘(A) who is in a population specified in such declaration, and with respect to whom the administration or use
of the covered countermeasure satisfies the other specifications of such declaration; or
‘‘(B) who uses the covered countermeasure, or to whom
the covered countermeasure is administered, in a good
faith belief that the individual is in the category described
by subparagraph (A).
‘‘(3) COVERED INJURY.—The term ‘covered injury’ means
serious physical injury or death.
‘‘(4) DECLARATION.—The term ‘declaration’ means a declaration under section 319F–3(b).
‘‘(5) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’
means an individual who is determined, in accordance with
subsection (b), to be a covered individual who sustains a covered
injury.’’.
This Act may be cited as the ‘‘Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006’’.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.